A Zoning Board of Appeals is hereby established. The Board shall
consist of five members and two alternate members appointed by the
Council President, subject to confirmation by the Council, for staggered
terms of three years commencing on June 1.
A. The Council President may appoint two alternate members for staggered
terms of three years and such appointments are subject to confirmation
of the Council. Annually, the Council President 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 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.
B. The members shall serve without compensation, except the Secretary
shall be compensated the amount approved by the Council. All members
shall take and file the oath required by § 19.01, Wis. Stats.,
before entering into the duties of office.
C. The Council President shall annually by July 1 designate one of the
members Chairperson, subject to confirmation of the Council.
The Zoning Board of Appeals shall have the following powers:
A. Hear and decide appeals where it is alleged there is error in any order, requirement, decision and determination made by the Building Inspector, or by any administrative official of the City in the enforcement of Chapter
660, Zoning, of this Code, or in the enforcement of any other provision of the Municipal Code adopted pursuant to Chapter
660, Zoning.
B. Hear and decide special exceptions to the terms of the Zoning Code
upon which the Zoning Board of Appeals is required to pass.
C. Authorize, upon appeal in specific cases, such variance from the
terms of the Zoning Code as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement will result
in practical difficulty or unnecessary hardship so that the intent
of the Zoning Code will be observed, public safety and welfare is
secured, and substantial justice is done.
D. Permit the erection and use of a building or premises in any location,
subject to appropriate conditions and safeguards in harmony with the
general purposes of the Zoning Code, for such public utility purposes
which are reasonably necessary for public convenience and welfare.
E. Reverse or affirm, wholly or in part, or modify any order, requirement,
decision or determination appealed from, and make such order, requirement,
decision or determination as in its opinion ought to be made in the
premises, and to that end shall have all the powers of the officer
from whom the appeal is taken, and may issue or direct the issue of
a permit.
F. If a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present to reverse any order, requirement, decision or determination appealed from, to make such order, requirement, decision or determination in favor of the applicant or appellant on any matter on which it is required to pass, or to effect any variation in the requirements of the Zoning Code, under the standards as listed in §
660-176C. The grounds of every such determination shall be stated in writing.
[Amended 6-6-2006 by Ord.
No. 991]
Appeals to the Board 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 charged with the enforcement of Chapter
660, Zoning, of this Code, or any other provision of the Municipal Code adopted pursuant to Chapter
660, Zoning.
A. Such appeals shall be taken within 30 days of entry of any order,
requirement, determination or decision, by filing with the officer
from whom the appeal is taken and with the Board, a notice of appeal
specifying the grounds thereof, and by paying to the Clerk any applicable
fees.
B. The officer from whom the appeal is taken shall forthwith transmit
to the Board all papers constituting the record upon which the action
appealed from was taken.
C. An appeal shall stay all legal proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal is taken
certifies to the Board after the notice of appeal shall have been
filed with the officer, that by reason of facts stated in the certificate,
a stay would, in the opinion of the officer, cause immediate peril
to life or property. In such case, proceedings shall not be stayed
otherwise than by a restraining order, which may be granted by the
Board or by a court of record on application, on notice to the officer
from whom the appeal is taken, and on good cause shown.
D. The Board shall fix a reasonable time for the hearing of appeals
and give public notice thereof as well as due notice to the parties
in interest, and shall decide the same within a reasonable period
of time.
E. Any party to the appeal may appear in person or by agent or by attorney
at the hearing.
F. In any action involving a listed property, as defined in § 44.31(4),
Wis. Stats., which is a property listed on the national register of
historic places, or the state register, or both, the Board shall consider
any suggested alternatives or recommended decision submitted by the
Plan Commission.
G. Any person or persons, jointly or severally aggrieved by any decision
of the Board, or any taxpayer, or any officer, department, or board
or commission of the City may, within 30 days after the filing of
the decision in the office of the City Clerk, commence an action seeking
the remedy available by certiorari.