[4-8-2015; 2016 Code; 5-16-2017]
A zoning board of appeals is hereby established. The word "board"
when used in this chapter means the zoning board of appeals. The board
shall consist of five regular members and two alternate members who
shall be appointed by the mayor subject to confirmation by the council.
Each regular member and each alternate member shall serve for a term
from his or her appointment through the Monday preceding the third
Tuesday in April of the third succeeding year. Terms of members and
alternate members shall be staggered such that not more than one alternate
member and not more than two regular members are appointed each year.
Annually, the mayor shall designate one of the alternate members as
first alternate and the other as second alternate. The first alternate
shall act, with full power, only when a member of the board refuses
to vote because of interest or when a member is absent. The second
alternate shall so act only when the first alternate so refuses or
is absent or when more than one member of the board so refuses or
is absent. The members of the board shall serve without compensation.
The mayor shall designate one of the members to serve as chairperson.
[4-8-2015; 2016 Code]
All meetings of the board shall be held at the city hall unless
a different meeting place is announced in a public notice of the meeting,
and shall be open to the public. Meetings of the board shall be held
at the call of the chairperson and at such other times as the board
may determine. The chairperson, or in his or her absence, the acting
chairperson may administer oaths and compel the attendance of witnesses.
A quorum shall consist of four members of the board and if necessary
alternate members shall be counted to determine such quorum.
[4-8-2015; 2016 Code]
The board shall adopt from time to time such rules and regulations
as it may consider necessary to carry into effect the provisions of
the zoning regulations of this code and of subsection (7) of section
62.23 of the Wisconsin statutes. The board shall make its decisions
in writing with such findings and conclusions as the law requires
and the city attorney shall provide to the board a decision form that
is suitable for use by the board in making its decisions. The board
shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, showing such
fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the city clerk and shall be a public record. The concurring vote of
a majority of the members present shall be necessary to reverse any
order or determination of the building inspector or other official
whose order or determination is challenged, or to decide in favor
of the applicant any matter upon which they are required to pass or
to effect any variation of the zoning regulations of this code.
[4-8-2015; 2016 Code]
Appeals to the board may be taken by any person aggrieved by
an order that pursuant to this code may be appealed to the zoning
board of appeals. An appeal shall be initiated by filing a notice
of appeal with the officer who made the order and the board, within
a reasonable time after the issuance of the order, and tendering a
filing fee in an amount set by resolution of the council. The notice
of appeal shall state all the grounds for the appeal. The officer
making the order appealed from shall immediately transmit to the board
all the documents in his or her possession relating to the order.
The board shall fix a time for the hearing of the appeal, and give
public notice of the time and place, as well as due notice to any
person in interest. Upon the hearing, a party must appear in person,
and may appear with counsel. The city may file an appeal without paying
the filing fee, but shall comply with all other requirements of this
section.
[4-8-2015; 2016 Code]
The board shall have the following powers:
(A)Â
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by a city officer
that pursuant to this code may be appealed to the zoning board of
appeals.
(B)Â
To permit the reasonable extension of a district where the boundary
line of a district divides a lot in a single ownership when the zoning
regulations of this code were first adopted.
(C)Â
If recommended by the public service commission of Wisconsin, to
permit in appropriate cases and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of the
zoning regulations of this code, a building or premises to be erected
or used by a public service corporation or for public utility purposes
in any location and for any purpose which is reasonably necessary
for the public convenience and welfare.
(D)Â
To authorize upon appeal in specific cases such variance from the
terms of the zoning regulations of this code as will not be contrary
to the public interest, where, owing to special conditions, a literal
enforcement of the provisions of the zoning regulations of this code
will result in practical difficulty or unnecessary hardship so that
the spirit of the zoning regulations of this code shall be observed,
public safety and welfare secured, and substantial justice done.
(E)Â
The board may, in conformity with the provisions of the law, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and shall make such order,
requirement, decision or determination as may be appropriate.
(F)Â
Any person or persons, jointly or severally, aggrieved by the board,
or any taxpayer, or any officer, department, board or bureau of the
city may, within 30 days after the filing of the decision of the board,
present to a court of competent jurisdiction a verified petition setting
forth that such decision is illegal, in whole or in part, specifying
the grounds of the illegality whereupon such decision shall be subject
to review by certiorari as provided by law.
