(1)

CREATION, APPOINTMENT AND ORGANIZATION. A Board of Appeals is hereby created having the powers authorized in Wis. Stat. § 62.23. The Board shall consist of five members, appointed by the Mayor subject to confirmation of the City Council, for terms of three years. Vacancies shall be filled for the remainder of the unexpired term only. All members of the Board shall serve without compensation.

(2)

PROCEDURE, RULES, MEETINGS, AND MINUTES. The Chairman of the Board shall be designated by the Mayor. The Board shall adopt its own rules of procedure deemed necessary to carry out the provisions of this section. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question. The presence of four members shall be necessary to constitute a quorum.

(3)

APPEAL. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or commission of the City affected by any decision or ruling of the Building Inspector made under this chapter. Such appeal shall be taken within 15 days after the decision or ruling of the Building Inspector by filing with the Building Inspector and with the Board a notice of appeal specifying the grounds of the appeal and a nonrefundable fee of $450. Upon receipt of the grounds of appeal and payment, the Building Inspector shall transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

(a)

STAY OF PROCEEDINGS. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent 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 of Appeals or by a court of record on application, on notice to the Building Inspector from whom the appeal was taken.

(b)

HEARINGS. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, or other matter referred to it, and give due notice thereof. The Board shall hear and decide the appeal within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.

(c)

POWERS OF BOARD. The Boards of Appeals shall have the following powers:

1.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

2.

To hear and decide special exception to the terms of the chapter upon which such Board is required to pass under such chapter.

3.

To authorize upon appeal in specific cases such variance from the terms of the chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. The Board may permit, in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.

(d)

DECISIONS OF THE BOARD. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue the permit. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon being brought before the Board as required by this chapter. The grounds of every such determination shall be stated.