(1)

Membership.

(a)

Regular members. The board of zoning appeals shall consist of five members appointed by the mayor, subject to confirmation of the council to staggered three-year terms as provided by § 62.23(7)(e)2, Wis. Stats.

(b)

Alternate members. The mayor may appoint, for staggered three-year terms, a first and a second alternate member of such board in addition to the five members provided for in subsection (1)(a) of this section. Such alternate members shall act with full powers only when a regular member refuses to vote because of conflict of interest or when a member is absent, as provided in § 62.23(7)(e)2, Wis. Stats.

(2)

Organization. The members of the board shall serve with compensation as established by the council. The board shall make and file in the office of the city clerk/treasurer its own rules of procedure consistent with state statutes.

(3)

Powers and duties.

(a)

General. The board shall have the powers and duties provided by § 62.23(7)(e), Wis. Stats., and such other powers and duties as the council may provide.

(b)

Zoning appeals and variances. The board shall have the following powers and duties:

1.

Appeals. To hear and decide appeals where it is alleged that the zoning administrator has made an erroneous finding or order.

2.

Variances. To grant specific variances from the terms of this chapter where it is shown that unique physical circumstances applying to a lot cause hardship to the owner under this chapter and that the variance still shall be in fundamental harmony with surrounding uses.

(c)

Subdivision appeals. See chapter 32.

(d)

Airport appeals. See chapter 24.

(4)

Decisions of the board.

(a)

The board may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made and to that end shall have all the powers of the zoning administrator. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect a variance. The grounds of every such determination shall be stated and recorded.

(b)

No action of the board of zoning appeals shall have the effect of permitting in any district uses prohibited in such district by this chapter.

(5)

Records. The minutes of proceedings and hearings before the board and all variances granted by it shall be filed promptly in the office of the city clerk/treasurer and shall be open for public inspection during office hours.

(Code 1997, § 17.07)