[Adopted 2-17-1998 by Ord. No. 798B (Title 2, Ch. 4, of the 2009 Code of Ordinances)][1]
[1]
Editor's Note: See also § 660-176 of this Code for provisions regarding Zoning Board of Appeals.
[Amended 2-6-2024 by Ord. No. 1261]
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. All members shall be residents of the City of Lake Mills.
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 June 1 designate one of the members Chairperson, subject to confirmation of the Council.
[Amended 2-6-2024 by Ord. No. 1261]
A. 
The Board shall by July 1 elect from its members a Vice Chairperson and a Secretary to serve in those capacities for one year. The Board shall adopt rules for its governance and procedure. 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/her absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public, except that the Board may deliberate a case after a hearing in closed session, provided any vote shall be taken in a properly noticed open session.
B. 
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question of, if absent or failing to vote, indicating 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 such records shall be deemed public records.
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.