There is hereby established a zoning board of appeals for the city for the purpose of hearing appeals and applications, and for granting variances and exceptions to the provisions of this chapter.

(Ord. No. OR98-24, § I(106.1301), 10-26-1998)

The zoning board of appeals shall consist of five members appointed by the mayor and subject to confirmation by the common council.

(1)

Terms shall be for staggered three-year periods.

(2)

The chairman shall be designated by the mayor.

(3)

Alternate members. The mayor shall appoint a first alternate member and a second alternate member to act only when a regular member is absent or refuses to vote because of interest. The second alternate member may act only when the first alternate is unable to act or is already sitting.

(4)

Secretary. The board may employ a secretary and other employees if funds are available. Otherwise, the municipal clerk acts as secretary. The clerk may designate someone to fulfill the duties of the secretary.

(5)

The building inspector shall attend all meetings for the purpose of providing technical assistance when requested by the board.

(6)

Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointment.

(7)

Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(Ord. No. OR98-24, § I(106.1302), 10-26-1998)

(a)

Rules of procedure. The zoning board of appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

(b)

Meetings. Meeting shall be held at the call of the chairman and shall be open to the public.

(c)

Minutes. Minutes of the proceedings and a record of all actions shall be kept by the secretary or other designated person, showing the vote of each member upon each question, the reasons for the board's determination, and its finding of facts. These records shall be immediately filed in the office of the city clerk/treasurer and shall be a public record.

(d)

Voting. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, grant a variance or make an interpretation.

(Ord. No. OR98-24, § I(106.1303), 10-26-1998)

The zoning board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by any administrative official.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement 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.

(3)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided that no structural alterations are to be made, and the city plan commission has made a review and recommendation. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

(4)

Permits. The board may reverse, affirm wholly or partly modify the requirements appealed from, and may issue or direct the issue of a permit.

(5)

Assistance. The board may request assistance from other city officials, departments, commissions and boards.

(6)

Oaths. The chairman may administer oaths and compel the attendance of witnesses.

(Ord. No. OR98-24, § I(106.1304), 10-26-1998)

Appeals of the decision of the building inspector or any administrative official concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board or bureau of the city. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the building inspector or any administrative official. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed with the secretary. Such appeals and applications shall include the following:

(1)

Name and address of the appellant or applicant and all abutting and opposite property owners of record.

(2)

Plat of survey or sketch drawing prepared by a registered land surveyor showing all of the information required under section 106-40 for a building permit.

(3)

Additional information required by the city plan commission, city engineer, zoning board of appeals or building inspector.

(Ord. No. OR98-24, § I(106.1305), 10-26-1998)

The zoning board of appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in section 106-362, and shall give due notice to the parties in interest, the building inspector and the city plan commission. At the hearing the appellant may appear in person, by agent or by attorney.

(Ord. No. OR98-24, § I(106.1306), 10-26-1998)

The zoning board of appeals shall direct the applicant to transmit a copy of each application for a variance to conservancy regulations in shoreland or to floodland regulations, and a copy of all shoreland and floodland appeals, to the state department of natural resources (DNR) for review and comment at least ten days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to conservancy regulation in a shoreland or to floodland regulations, and a copy of all decisions to shoreland and floodland appeals, shall be transmitted to the DNR within ten days of the date of such decision.

(Ord. No. OR98-24, § I(106.1307), 10-26-1998)

No variance to the provisions of this chapter shall be granted by the board unless it finds, beyond a reasonable doubt, that all the following facts and conditions exist, and it so indicates such in the minutes of its proceedings:

(1)

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use or conditional use in that particular district.

(2)

Exceptional circumstances. 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 should not be of so general or recurrent a nature as to suggest that this chapter should be changed.

(3)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(4)

Preservation of property rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(5)

Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(6)

Additional requirements in floodland districts. No variance shall be granted where:

a.

Filling and development contrary to the purpose and intent of the floodway district would result.

b.

A change in the boundaries of the floodway district or the floodplain fringe district would result.

c.

A lower degree of flood protection than a point two feet above the 100-year recurrence interval flood for the particular property would result.

d.

Any action contrary to the provisions of Wis. Admin. Code ch. NR 116 would result.

(Ord. No. OR98-24, § I(106.1308), 10-26-1998)

(a)

Wetland disputes. Whenever the board of appeals is asked to interpret a CD conservancy district boundary where an apparent discrepancy exists between the city's final wetland inventory map and actual field conditions, the city shall contact the state department of natural resources (DNR) to determine if the wetland inventory map is in error. If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the board of appeals shall direct the city plan commission to initiate appropriate action to rezone the property within a reasonable amount of time.

(b)

Floodland disputes. Whenever the board of appeals is asked to interpret a floodland boundary where an apparent discrepancy exists between the federal flood insurance study and actual field conditions, the following procedure shall be used. The floodland boundary shall be determined by use of the flood profiles contained in an engineering study or where such information is not available, by experience, flood maps or any other evidence available to the board of appeals. The person contesting the location of the district boundary shall be given the opportunity to present his own technical evidence. Where it is determined that the floodplain is incorrectly mapped, the board of appeals shall advise the city plan commission of its findings, and the city plan commission shall proceed to petition the common council for a map amendment.

(Ord. No. OR98-24, § I(106.1309), 10-26-1998)

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, building inspector and city plan commission.

(1)

Conditions may be placed upon any building permit ordered or authorized by this board.

(2)

Variances, substitutions or use permits granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(3)

Applicants receiving variances in floodlands shall be notified, in writing, by the board of appeals that increased flood insurance premiums may result from the granting of the variance. The board shall keep a record of the notifications in its files.

(Ord. No. OR98-24, § I(106.1310), 10-26-1998)

Any person aggrieved by any decision of the zoning board of appeals may present to the 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 office of the zoning board of appeals.

(Ord. No. OR98-24, § I(106.1311), 10-26-1998)