A.Â
Scope of appeals. Appeals to the Zoning Board of Appeals may be taken
by any person aggrieved or by any officer, department, board or bureau
of the City affected by any decision of the administrative officer.
Such appeal shall be taken within 30 days of the alleged grievance
or judgment in question by filing with the officer(s) from whom the
appeal is taken and with the Zoning Board of Appeals a notice of appeal
specifying the grounds thereof, together with payment of a filing
fee as may be established by the Common Council. The officer(s) from
whom the appeal is taken shall forthwith transmit to the Zoning Board
of Appeals all papers constituting the record upon which the action
appealed from was taken.[1]
B.Â
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certified to the Zoning Board of Appeals that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause immediate peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Zoning Board of Appeals or by a court
of record on application, on notice to the officer from whom the appeal
is taken and on due cause shown.
C.Â
Powers of Zoning Board of Appeals. In addition to these powers enumerated
elsewhere in this Code, the Zoning Board of Appeals shall have the
following powers:
(1)Â
Errors: to hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Zoning Administrator or Building Inspector.
(2)Â
Variances: to hear and grant appeals for variances as will not
be contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this chapter will result
in practical difficulty or unnecessary hardship, so that the spirit
and purposes of this chapter shall be observed and the public safety,
welfare and justice secured. Use variances shall not be granted.[2]
(3)Â
Interpretations: to hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the Plan Commission has made a review and recommendation.
(4)Â
Substitutions: to hear and grant applications for substitution
of more restrictive nonconforming uses for existing nonconforming
uses, provided no structural alterations are to be made and the Plan
Commission has made a review and recommendation. Whenever the Board
permits such a substitution, the use may not thereafter be changed
without application.
(5)Â
Unclassified uses: to hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Plan Commission
has made a review and recommendation.
(6)Â
Temporary uses: to hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure and are compatible
with the neighboring uses and the Plan Commission has made a review
and recommendation. The permit shall be temporary, revocable, subject
to any condition required by the Zoning Board of Appeals and shall
be issued for a period not to exceed 12 months. Compliance with all
other provisions of this chapter shall be required.
(7)Â
Permits. The Board may reverse, affirm wholly or partly, modify
the requirements appealed from and may issue or direct the issue of
a permit.
The Zoning Board of Appeals shall fix a reasonable time for
the hearing, cause notice thereof to be published in the official
newspaper not less than seven days prior thereto, and cause notice
to be given to the appellant or applicant and the administrative officer(s)
appealed from by regular mail or by personal service not less than
five days prior to the date of hearing. In every case involving a
variance, notice shall also be mailed not less than five days prior
to the hearing to the fee owners of record of all land within 100
feet of any part of the subject building or premises involved in the
appeal.
A.Â
Time frame. The Zoning Board of Appeals shall decide all appeals
and applications within 30 days after the public hearing and shall
transmit a signed copy of the Board's decision to the appellant
or applicant and the Zoning Administrator.
B.Â
Conditions. Conditions may be placed upon any zoning permit ordered
or authorized by the Zoning Board of Appeals.
C.Â
Validity. Variances, substitutions or use permits granted by the
Board shall expire within 18 months unless substantial work has commenced
pursuant to such grant.
A.Â
Purpose.
(1)Â
A request for a variance may be made when an aggrieved party
can submit proof that strict adherence to the provisions of this chapter
would cause him undue hardship or create conditions causing greater
harmful effects than the initial condition. A variance granted to
a nonconforming use brings that use into conformance with the district
and zoning requirements.
(2)Â
The Zoning Board of Appeals may authorize upon appeal, in specific
cases, such variance from the terms of this chapter as will not be
contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this chapter will result
in unnecessary hardship and so that the spirit of this chapter shall
be observed and substantial justice done. No variance shall have the
effect of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the flood protection
elevation for the particular area or permit standards lower than those
required by state law.
(3)Â
For the purposes of this section, "unnecessary hardship" shall
be defined as an unusual or extreme decrease in the adaptability of
the property to the uses permitted by the zoning district which is
caused by facts, such as rough terrain or good soil conditions, uniquely
applicable to the particular piece of property as distinguished from
those applicable to most or all property in the same zoning district.
B.Â
Application for variances. The application for variance shall be
filed with the City Clerk-Treasurer. Applications may be made by the
owner or lessee of the structure, land or water to be affected. The
application shall contain the following information:
(1)Â
Name and address of applicant and all abutting and opposite
property owners of record.
(2)Â
Statement that the applicant is the owner or the authorized
agent of the owner of the property.
(3)Â
Address and description of the property.
(4)Â
A site plan showing an accurate depiction of the property.
(5)Â
Additional information required by the City Engineer, Zoning
Board of Appeals or Zoning Administrator.
[Amended 4-15-2014; 5-12-2014]
C.Â
Public hearing of application. The Zoning Board of Appeals shall
conduct at least one public hearing on the proposed variation. Notice
of such hearing shall be given not more than 30 days and not less
than seven days before the hearing in one or more of the newspapers
in general circulation in the City and shall give due notice to the
parties in interest and the Zoning Administrator. At the hearing,
the appellant or applicant may appear in person, by agent or by attorney.
The Board shall thereafter reach its decision within 30 days after
the final hearing and shall transmit a written copy of its decision
to the appellant or applicant and the Zoning Administrator.
[Amended 4-15-2014; 5-12-2014]
D.Â
Action of the Zoning Board of Appeals. For the Board to grant a variance,
it must find that:
(1)Â
Denial of variance may result in hardship to the property owner
due to physiographical consideration. There must be exceptional, extraordinary
or unusual circumstances or conditions applying to the lot or parcel,
structure, use or intended use that do not apply generally to other
properties or uses in the same district, and the granting of the variance
would not be of so general or recurrent nature as to suggest that
this chapter should be changed.
(2)Â
The conditions upon which a petition for a variance is based
are unique to the property for which variance is being sought, and
that such variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in the
same district and same vicinity.
(3)Â
The purpose of the variance is not based exclusively upon a
desire to increase the value or income potential of the property.
(4)Â
The granting of the variance will not be detrimental to the
public welfare or injurious to the other property or improvements
in the neighborhood in which the property is located.
(5)Â
The proposed variance will not undermine the spirit and general
and specific purposes of this chapter.
E.Â
Conditions. The Zoning Board of Appeals may impose such conditions
and restrictions upon the premises benefited by a variance as may
be necessary to comply with the standards established in this section.
Any person or persons aggrieved by any decision of the Zoning
Board of Appeals may present to a court of record a petition, duly
verified, setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the offices
of the Zoning Board of Appeals.