(a)

This article contemplates an administrative and enforcement officer entitled the "zoning administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this chapter, require review and recommendation by the plan commission and ultimate action by the common council. A zoning board of appeals is provided to ensure proper administration of this article and to avoid arbitrariness.

(b)

The provisions of this article shall apply generally to administration of this chapter except where specific, more restrictive provisions are expressly provided in another article.

(Code 1991, § 13-1-140)

The common council has designated the zoning administrator as the administrative enforcement officer for the provisions of this chapter. The duty of the zoning administrator shall be to interpret and administer this chapter and to issue, after onsite inspection, all permits required by this chapter. The zoning administrator shall further:

(1)

Advise applicants as to the provisions of this chapter and assist them in preparing permit applications and appeal forms.

(2)

Issue permits and certificates of compliance and inspect properties for compliance with this chapter.

(3)

Maintain records of all permits issued, inspections made, work approved and other official actions and make an appropriate record of the land use and structures permitted when a zoning permit or conditional use permit is approved.

(4)

Record the lowest floor elevations of all structures erected, moved, altered or improved in the floodland districts.

(5)

Establish that all necessary permits that are required for floodland uses by state and federal law have been secured.

(6)

Inspect all structures, lands and waters as often as necessary to ensure compliance with this chapter and, for that purpose, have access to any structure or premises, upon permission of the owner and presentation of proper identification, between the hours of 8:00 a.m. and 6:00 p.m.

(7)

Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation and map or text amendments within ten days after they are granted or denied to the appropriate city and state offices and officials as required by this chapter or state law or rule.

(8)

Investigate all complaints made relating to the location of structures and the use of structures, lands and waters, give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises and report uncorrected violations to the city attorney in a manner specified by him.

(9)

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

(10)

Request assistance and cooperation from the police department and city attorney as deemed necessary.

(Code 1991, §§ 13-1-141, 13-3-3, 13-3-30)

The building inspector of the city may exercise the following duties and powers with regard to this chapter:

(1)

Advise applicants as to the provisions of this chapter and assist them in preparing permit applications.

(2)

Issue building permits and inspect properties for compliance with this chapter and the building regulations of this Code.

(3)

Keep records of all building permits issued, inspections made, work approved, and other official actions.

(4)

Prohibit the use of new private water supply or private sewage disposal systems not in compliance with the requirements of this chapter until he has inspected and approved such system.

(5)

Inspect new and existing sewage and water systems.

(6)

Have access to any structure or premises between 8:00 a.m. and 6:00 p.m., for the purpose of performing his duties, providing he has conformed to existing state statutes on inspection.

(7)

Make on-site investigations required for subdivision administration.

(8)

Report violations of this chapter and other applicable regulations to the zoning administrator, the common council and city attorney.

(Code 1991, § 13-4-30(a))

(a)

Plan commission. The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the city to the common council, other public officials and other interested organizations and citizens. In general, the plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this chapter, its functions are primarily recommendatory to the common council, except for issuance of conditional use permits, pursuant to guidelines set forth in this chapter as to various matters and, always, being mindful of the intent and purposes of this chapter. Recommendations shall be in writing. A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing.

(b)

Common council. The common council, the governing body of the city, subject to recommendations by the plan commission and the holding of public hearings by the council, has ultimate authority to make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map and to amend the text of this chapter. The common council may delegate to the plan commission the responsibility to hold some or all public hearings as required under this chapter.

(c)

Zoning board of appeals. A zoning board of appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter.

(Code 1991, § 13-1-142)

(a)

When required. No building, sign or other structure or any part thereof shall hereafter be built, enlarged, altered or moved within the area subject to the provisions of this division until a building permit has been applied for in writing and obtained from the building inspector. Such permit shall be posted in a prominent place on the premises prior to and during the period of construction, alteration or moving. Forms for application for building permits shall be supplied by the building inspector and a record of all permits issued shall be kept in the city hall.

(b)

When not required. No building permit shall be required:

(1)

For any building on which work to the amount of $1,000.00 or more has been done prior to the approval of the ordinance from which this division is derived by the common council.

(2)

For any maintenance repairs on conforming structures.

(3)

For farm buildings and farm structures not for human habitation which are located 100 feet or more from the right-of-way line of any public highway, except service driveways to farms which have been designated as town roads for maintenance purposes; provided that this regulation shall not apply to permitted signs.

(4)

For farm buildings and farm structures not for human habitation which are not permanently fixed to the ground and are readily removable in their entirety; provided that this regulation shall not apply to roadside stands or permitted signs.

(c)

Granting of special permit does not substitute for building permit. The granting of a special permit by the board of appeals, where such permit is required under the regulations of this chapter, shall not relieve the applicant of the necessity of applying for and receiving a building permit under this section.

(d)

Application information required. All applications for a building permit shall be accompanied by a location sketch drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location of the building on the lot, the existing or intended use of the building, the number of families to be accommodated, the distances between the nearest point on the building and the right-of-way line of the highway, and such other information with regard to the proposed building and neighboring lots or buildings as may be called for on the application or may be necessary to provide for the enforcement of this chapter.

(e)

Lapse due to failure to begin operation. A building permit shall lapse and become void unless the operations described in the permit are commenced within one year from the date of issue of such permit.

(Code 1991, §13-4-30(c))

(a)

When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning administrator before any new development or any change in the use of an existing building or structure is initiated. Zoning permits are required before any building or other structure is erected, moved or structurally altered so as to change its use or increase its floor area and before any land use is substantially altered.

(b)

Application. An application for a permit shall be made to the zoning administrator upon forms furnished by the city and shall include, for the purpose of proper enforcement of these regulations, the name, address and telephone number of applicant, property owner and contractor, where applicable, a legal description of the property and a general description of the proposed use or development, and a statement regarding whether a private water or sewage system is to be installed.

(c)

Site development plan. The application shall be accompanied by a site development plan, drawn to scale and submitted as a part of the permit application form. The plan shall contain the following information:

(1)

Dimensions and area of the lot;

(2)

Location of any structures with distances measured from the lot lines and centerline of all abutting streets or highways;

(3)

Description of any existing or proposed on-site sewage systems or private water supply systems;

(4)

Location of the ordinary high-water mark of any abutting navigable waterways;

(5)

Boundaries of all wetlands;

(6)

Existing and proposed topographic and drainage features and vegetative cover;

(7)

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

(8)

Location of existing or future access roads; and

(9)

Specifications and dimensions for areas of proposed wetland alteration.

(d)

Expiration. All permits issued under the authority of this division shall expire one year from the date of issuance.

(e)

Revocation. When the conditions of a zoning permit are violated, the permit shall be revoked.

(Code 1991, §§ 13-3-31(a)—(c), 13-3-34, 13-4-30(b))

(a)

Required. Except where no zoning permit or conditional use permit is required, no land shall be occupied or used; and no building which is hereafter constructed, altered, added to, modified, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator. Such certificate shall show that the structure, premises or use is in conformity with the provisions of this chapter.

(b)

Application. Application shall be made coincidental with application for zoning or building permit. Application for a certificate of compliance in the floodland districts shall include certification by a registered professional engineer or land surveyor that the plans therefor will fully comply with the floodland regulations set forth in this chapter; before certificate shall issue; further such certification by an engineer or surveyor shall also be filed to the effect that the project does, indeed, so comply.

(c)

Issuance. The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this chapter.

(d)

Existing uses. For structures existing on the effective date of the ordinance from which this section is derived, upon written request from the owner, the zoning administrator shall issue a certificate of compliance certifying, after inspection, the extent and type of use made of the building or premises and whether such use conforms to the provisions of this chapter.

(e)

Nonconforming uses. No nonconforming use shall be maintained, renewed or changed until a certificate of compliance has been issued by the zoning administrator. Certificates of compliance for the continued occupancy of nonconforming uses existing at the time of the passage of the ordinance from which this division is derived shall be issued by the zoning administrator and the certificate shall state that the use is a nonconforming one and does not conform with the provisions of this chapter. The zoning administrator shall notify the owners of the property being used as nonconforming use.

(f)

Temporary certificates. The zoning administrator may issue a temporary certificate of compliance for a building, premises, or part thereof pursuant to rules and regulations established by the common council.

(Code 1991, §§ 13-1-143, 13-3-31(d), 13-4-30(d)(1))

(a)

Site plan and application required. All applications for zoning permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residential districts, shall require site plan approval by the plan commission in accordance with the requirements of this section. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the plan commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.

(b)

Administration. The zoning administrator shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the plan commission within ten days. The plan commission shall review the application and may refer the application and plans to any expert consultants selected by the common council to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the commission shall authorize the zoning administrator to issue or refuse a zoning permit.

(c)

Factors considered in application review. In acting on any site plan, the plan commission shall consider the following:

(1)

Traffic access and control. The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading. In this connection, the plan commission shall satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(2)

Adequacy of utility supply and facilities. The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(3)

The landscaping and appearance of the completed site. The plan commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

(4)

Effect on municipal services. Before granting any site approval, the plan commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the city engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the plan commission shall forward its recommendations to the common council and shall not issue final approval until the common council has entered into an agreement with the applicant regarding the development of such facilities.

(Code 1991, § 13-1-144)

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the common council may, by ordinance, change the district boundaries established by this chapter and the zoning map incorporated herein or the supplementary floodland zoning map incorporated herein, or amend, change or supplement the text of the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

(Code 1991, § 13-1-150)

The common council, the plan commission, the zoning board of appeals and other government bodies and any private petitioners may apply for an amendment to the text of this chapter or to the district boundaries hereby established in the accompanying zoning map or the supplementary floodland zoning map to be made a part of this chapter by reference.

(Code 1991, § 13-1-151)

Petitions for any change to the district boundaries and maps or amendments to the text regulations shall be addressed to the common council and shall be filed with the city clerk-treasurer, describe the premises to be rezoned or the portions of text of regulations to be amended, list the reasons justifying the petition, specify the proposed use, if applicable, and have attached the following, if petition be for change of district boundaries:

(1)

Plot plan, drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Fee receipt from the city clerk-treasurer evidencing payment of an application fee in the amount provided in the city fee schedule.

(4)

Additional information as may be required by the plan commission or common council.

(Code 1991, § 13-1-152(a); Ord. No. 2001-5, 6-12-2001)

The common council or the city clerk-treasurer shall cause the petition to be forwarded to the plan commission for its consideration and recommendation. The plan commission shall review all proposed amendments to the text and zoning maps within the corporate limits and shall recommend in writing that the petition be granted as requested, modified or denied. A recording of the recommendation in the plan commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the commission may on occasion, of its own volition, conduct its own public hearing on proposed amendments.

(Code 1991, § 13-1-152(b); Ord. No. 2001-5, 6-12-2001)

(a)

The common council, following receipt of recommendation of the plan commission, shall hold a public hearing upon each proposed change or amendment, giving notice of the time, place and the change or amendment proposed by publication of a Class 2 notice, under Wis. Stats. ch. 985.

(b)

At least ten days' prior, written notice shall also be given to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(c)

Written notice of the hearing shall also be sent by regular mail to the owners of land included in such proposed amendment, to owners of land immediately adjacent extending 200 feet therefrom, and to owners of the land directly opposite thereto extending 200 feet from the street frontage of such opposite land, except in those cases in which the zoning ordinance is proposed to be changed to enact permanent zoning classifications of property annexed to the city. In such instances, the notice of the proposed amendments shall be provided as required in Wis. Stats. § 62.23(7)(d).

(d)

The common council may delegate to the plan commission the responsibility to hold public hearings as required under this section.

(Code 1991, § 13-1-152(c); Ord. No. 2001-5, 6-12-2001)

Following such hearing and after consideration of the plan commission's recommendations, the common council shall vote on the proposed ordinance effecting the proposed change or amendment.

(Code 1991, § 13-1-152(d); Ord. No. 2001-5, 6-12-2001)

(a)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more, either of the areas of the land included in such proposed change, or of the land immediately adjacent extending 100 feet therefrom, or of the land directly opposite thereto extending 100 feet from the street frontage to such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full common council membership, provided that the street right-of-way doesn't extend more than 100 feet from the property affected by the proposed zoning change or amendment; owners outside this area shall not have standing to protest.

(b)

A protest may be filed any time after the first publication of the notice of hearing but may be filed not later than the time the council first considers the plan commission's recommendation. All protests shall be filed with the city clerk-treasurer.

(c)

In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20 percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full common council membership to adopt such amendment.

(Code 1991, § 13-1-153)

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 officers from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof, together with payment of the required filing fee. The officers from whom the appeal is taken shall forthwith transmit to the board of appeals all papers constituting the record of appealed upon which the action appeals from was taken.

(Code 1991, §§ 13-1-160(a), 13-3-35(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 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 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.

(Code 1991, § 13-1-160(b))

(a)

Time of appeal. Appeals shall be filed within 30 days after the date of receipt of the written decision or order from which the appeal is taken by filing in duplicate a notice of appeal with the zoning administrator. The date of receipt of the decision shall not be counted in determining the time for filing of the appeal. Sundays and holidays shall be counted, except if the last day falls on a Saturday, Sunday or legal holiday, the time for filing shall be extended to the next secular day.

(b)

Who may appeal. Appeals or applications to the board may be made by:

(1)

The owner, mortgagee, purchaser under a land contract, optionee or occupant under a written lease for one year or more of the property for which relief is sought.

(2)

Any officer (other than the zoning administrator), department, board or bureau affected by a decision or order of the zoning administrator.

(3)

Any person aggrieved and whose use and enjoyment of property within the city is directly and adversely affected by a decision or order of the building inspector, zoning administrator or the requested board action.

(c)

Appeal and application forms. Every appeal or application shall be made upon forms furnished by the zoning administrator which have been approved by the board of appeals. A scale drawing shall accompany each form showing the location and size of the property, existing improvements, all abutting properties and improvements thereon and change or addition requested. The applicant or appellant shall provide all information requested on the form and any additional information requested in writing by the chairperson or secretary of the board of appeals which is necessary to inform the board of the facts of the appeal. Failure to supply such information shall be grounds for dismissal of the appeal or application.

(d)

Filing appeal or application. The appellant or applicant shall file the required appeal form in duplicate with the zoning administrator. The zoning administrator shall deliver one copy to the officer or body from whose decision an appeal is taken. Upon receipt of an appeal, the zoning administrator or other officer or body responsible for the original determination shall transmit to the secretary of the board of appeals all notes or papers relating to the order or decision from which the appeal is being taken.

(e)

Election to have appeal or application handled as a contested case. The applicant or appellant may elect to have the appeal or application handled as a contested case. The appeal or application form shall explain that a contested case includes the right of all parties to cross examine witnesses, to object to improper evidence and to have a record of the proceedings made by a court reporter or qualified stenographer or by tape recording. Election to have the matter treated as a contested case must be made in writing at the time of filing of the appeal or application.

(f)

Fee. All appeals and applications filed with the zoning administrator shall be accompanied by payment of the required fee. If the appellant or applicant elects the contested-case method, he shall also pay the amount determined by the board of appeals to cover the additional administrative costs involved.

(g)

Insufficient notice. No appeal or application shall be considered by the board of appeals unless it is made on the required form. Upon receipt of any communication purporting to be an appeal or application, the zoning administrator shall supply the applicant with the proper forms which must be filed within ten days, in addition to the 30 days specified in this section, in order to be considered by the board of appeals.

(Code 1991, § 13-1-161)

(a)

Notice of hearing.

(1)

Notice of the time, date and place of the hearing of an appeal or application shall be given by mail or personal service to the appellant or applicant and to the zoning administrator or other administrative official or body from whose decision an appeal is taken and secretary of the plan commission not less than ten days prior to the date of the hearing.

(2)

In every case involving a variance, conditional use, exception, planned unit development or public utility exception, the city clerk-treasurer shall mail notice to the owners of record of all land within the area included in the application and within 100 feet of any part of the building or premises affected not less than ten days prior to the hearing. Names and last-known addresses of such owners shall be furnished by the applicant at the time of filing the appeal or application.

(3)

Notice shall also be given by publication of a Class 2 notice under Wis. Stats. ch. 985.

(4)

Notice of an application for construction of a building in the bed of a future street, highway or parkway shall be published in the official newspaper not less than 15 days prior to the hearing.

(5)

Notice of an application for a proposed special exception in a shoreland or wetland district shall be mailed to the district office of the state department of natural resources at least ten days prior to the hearing.

(b)

Time of hearing, docketing. Each appeal or application properly filed shall be numbered serially, docketed in a special book provided therefor and placed upon the calendar by the secretary of the board of appeals. Cases docketed more than 15 days preceding a regular meeting shall be set for hearing at such meeting. Cases docketed seven days or less prior to a regular meeting shall be scheduled by the secretary, or his designee, for a hearing on the second regular meeting day thereafter unless otherwise directed by the chairperson.

(c)

Appearances. The appellant or applicant may appear in person or by his agent or attorney. In the absence of an appearance for or against an appeal or application, the board of appeals may dismiss the appeal or application or may dispose of the matter on the record before it.

(d)

Oath. Unless waived by the appellant or applicant and the chairperson, all witnesses shall be sworn before testifying by the chairperson or presiding officer.

(e)

Compelling attendance of witnesses. The chairperson, or, in his absence, the presiding officer, may compel the attendance of witnesses by subpoena. Written request for subpoenas shall be filed with the secretary of the board of appeals not less than two days prior to the hearing except by special permission of the chairperson.

(f)

Order of hearing. Appeals and applications shall be heard in numerical order except for good cause shown.

(g)

Order of business for general hearing. At the hearing, the order of business shall be as follows:

(1)

Statement of the nature of the case by the chairperson.

(2)

Appellant's side of the case.

(3)

Questions by board members.

(4)

Zoning administrator's side of the case.

(5)

Questions by board members.

(6)

Statements by interested persons such as neighbors or abutting landowners.

(7)

Questions by board members.

(8)

Appellant's or applicant's rebuttal.

(h)

Order of business for contested cases. If the applicant or appellant elects to have his appeal or application treated as a contested case, the order of business shall be as follows:

(1)

Call to order by the chairperson.

(2)

Appellant or applicant's opening statement.

(3)

Zoning administrator's opening statement.

(4)

Opening statement of persons aggrieved and other interested parties, provided that the right to make an opening statement is limited to persons who will present evidence.

(5)

Applicant's or appellant's case-in-chief.

(6)

Questions by board members.

(7)

Cross examination, provided that no more than one person for each party may cross examine witnesses and the chairperson may limit the number of parties who may cross examine.

(8)

Zoning administrator's case-in-chief.

(9)

Questions by board members.

(10)

Cross examination, provided that no more than one person for each party may cross examine witnesses and the chairperson may limit the number of parties who may cross examine.

(11)

Case-in-chief of other parties.

(12)

Questions by board members.

(13)

Cross examination, provided that no more than one person for each party may cross examine witnesses and the chairperson may limit the number of parties who may cross examine.

(14)

Rebuttal by appellant or applicant, provided that rebuttal is limited to matters raised by the adverse parties by way of evidence or argument.

(15)

Statements of opinion of neighbors or abutting land owners which shall not be subject to cross examination.

(16)

Closing statements of those who made or waived opening statements.

(i)

Evidence and official notice. Except in contested case hearings, written and oral testimony will be received. In contested case hearings, no hearsay evidence will be allowed or relied upon as the sole evidence of any factual determination. The board of appeals may take official notice of the ordinances of the city, the zoning and location of the subject property and geographical features or other facts which are common knowledge in the city or can be verified by reference to public record. In contested case hearings, all witnesses shall be sworn and no person shall be permitted to testify unless he submits to cross examination.

(j)

Adjournments. When all appeals or applications cannot be disposed of on the day set, the board of appeals may adjourn from day to day or to a day certain, as it may order, and such adjourned day shall be construed as a continuance of the hearing. Notice of such adjournment shall be given to the absent members of the board of appeals.

(k)

Withdrawal. An appellant or applicant may withdraw an appeal at any time prior to the decision, but a pending motion to grant or dismiss the appeal shall have precedence over withdrawal. Withdrawal of the appeal shall not entitle the appellant or applicant to remission of the filing fee.

(Code 1991, §§ 13-1-162, 13-3-35(d))

(a)

Time of decision. The board of appeals shall render its decision either at the termination of the hearing or within 30 days thereafter and shall notify the parties in interest and the zoning administrator in writing of its decision.

(b)

Form of decision. The final disposition of an appeal or application shall be in the form of a written decision or order signed by the chairperson and secretary of the board of appeals. Such decision shall state the reasons for the board's determination with findings of fact and conclusions of law and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal or grant or deny the special exception, conditional use or variance.

(c)

Basis of decision; findings. At the conclusion of a hearing, the board should reduce to writing its findings of fact and conclusions of law regarding the proper interpretation and application of this chapter.

(d)

Vote required. All orders or decisions of the board of appeals granting a variance, exception or conditional use or reversing any action or order of the administrator require the affirmative vote of four members. Whenever only four members of the board are present and the vote stands three to one in favor of the appellant or applicant, the matter shall be laid over for consideration and final determination at the next meeting of the board or a special meeting noticed and called for that purpose.

(e)

Conditions. Variances or conditions imposed in any permit shall be stated in the decision or order embodying the board's decision and shall also be set forth in the building, conditional use or occupancy permit issued under that order by the zoning administrator. A permit shall be valid only as long as the conditions upon which it is granted are observed. Whenever the board grants an application or appeal affecting the use of any premises, such authorization shall be deemed revoked unless the owner, occupant or his agent shall, upon request, file with the board secretary a written report certifying that all conditions or limitations imposed by the board have been conformed to and maintained. Variances, substitutions or conditional use permits approved by the board shall expire six months after issuance if the performance of work is required and substantial work has not commenced.

(f)

Filing of decision. Every order or decision of the board of appeals shall be immediately filed with the secretary who shall thereupon forward the decision to the zoning administrator and mail a copy to the applicant or appellant. Copies of decisions granting conditional uses or variances in a floodplain, shoreland or wetland district shall be mailed to the district office of the Wisconsin Department of Natural Resources.

(g)

Reconsideration.

(1)

Resubmission. No appeal or application which has been dismissed or denied shall be considered again without material alteration or revision within one year of the board's decision, except pursuant to court order or by motion to reconsider made by a member voting with the majority or as provided in this section.

(2)

Rehearing. No rehearing shall be held except upon the affirmative vote of four or more members of the board upon finding that substantial new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing, shall state the reasons for the request and shall be accompanied by necessary data and diagrams. Rehearings shall be subject to the same notice requirements as original hearings.

(Code 1991, §§ 13-1-163, 13-3-35(d))

Any person or persons aggrieved by any decision of the 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 board of appeals.

(Code 1991, § 13-1-165)

(a)

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.

(b)

The 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 that the flood protection elevation for the particular area or permit standards lower than those required by state law.

(c)

For the purposes of this section, "unnecessary hardship" is 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.

(Code 1991, § 13-1-164(a))

The application for variation shall be filed pursuant to section 56-675.

(Code 1991, § 13-1-164(b))

The public hearing for a variance shall be conducted pursuant to section 56-676.

(Code 1991, § 13-1-164(c))

The board of appeals shall not grant use variances in floodplain or wetland and conservancy districts. In all other districts, no use variance shall be granted unless the applicant has first petitioned for a zoning amendment or a conditional use permit, if applicable, and upon a showing that no lawful and feasible use of the subject property can be made in the absence of such variance. Any use variance granted shall be limited to the specific use described in the board's decision and shall not permit variances in yard, area or other requirements of the district in which located.

(Code 1991, § 13-1-164(d))

For the board to grant a variance, it must find that:

(1)

Denial of variation 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)

The conditions upon which a petition for a variation is based are unique to the property for which variation 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)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

The granting of the variation 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)

The proposed variation will not undermine the spirit and general and specific purposes of this chapter, specifically the standards of section 56-504.

(Code 1991, § 13-1-164(e))

The 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.

(Code 1991, § 13-1-164(f))