A.   Appointment; Terms:

      1.   The board of appeals shall consist of five (5) members appointed by the mayor, subject to common council confirmation by simple majority vote, for three (3) year terms. The board of appeals shall designate one of the members chairman. The mayor shall appoint an alternate member, subject to confirmation by the common council by simple majority vote, for a term of three (3) years, who shall act with full power only when a member of the board of appeals is absent or refuses to vote because of interest. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

      2.   The city clerk shall be the secretary to the board of appeals.

   B.   Rules; Meetings: The board of appeals shall adopt rules for its government and procedure. Meetings of the board of appeals shall be held at the call of the chairman and at such other times as the board of appeals may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

   C.   Minutes Of Meetings; Records: The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, 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 board of appeals and shall be a public record.

   D.   Appeals; Procedure: Appeals to the 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 building inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of appeals, by filing with the building inspector and with the board of appeals a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken. The board of appeals 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 time.

   E.   Filing Application For Hearing; Fee: The board of appeals shall establish a fee to be charged with the filing of all applications for hearings which shall be sufficient to cover all costs directly associated with said hearings exclusive of personnel costs. (1975 Code Ch. 18 § XV)

The board of appeals shall have the following powers:

   A.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector.

   B.   To authorize, upon appeal in specific cases, such variance from the terms of this title as will not be contrary to the public interest, where owing to special conditions peculiar to a specific property, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done; provided, however, that in exercising this authority the board shall be subject to the following rules and limitations:

      1.   Except as specifically provided, no action of the board of appeals shall have the effect of permitting in any district uses prohibited in such district.

      2.   In every case where a variance from these regulations has been granted by the board of appeals, the minutes of the board shall affirmatively show in what particular and specific respects an "unnecessary hardship" or "practical difficulty" would have been created by the literal enforcement of the terms of this title.

   C.   To hear and decide exceptions to the terms of this title, as follows (see section 10-1-4 of this title, definition of "exception"):

      1.   To grant permits for certain specified uses, under certain circumstances, in districts from which such uses are otherwise excluded by this title. See subsection 10-4-2K of this title.

      2.   To approve the location of specified uses in the general commercial district, as provided in chapter 11 of this title.

      3.   To approve the location of specified uses in the general industrial district, as provided in chapter 16 of this title.

      4.   To grant a permit for the extension of a district boundary for a distance of not more than thirty feet (30') only where the boundary of a district divides a lot in a single ownership at the time of the adoption of this title.

      5.   To permit in the single-family residential district, in appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into a two-family dwelling of a building which was in use as a residence on the effective date of this title, and which has, prior to such conversion, a floor area in excess of one thousand two hundred (1,200) square feet; provided, however, as follows:

         a.   The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.

         b.   Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters at the time of the adoption of this title; provided further, that the minimum floor area per family shall be not less than eight hundred (800) square feet.

         c.   The open spaces surrounding the building shall be at least equivalent to those required by this title for a new building.

      6.   To permit the location of private commercial or industrial parking lots in the multiple-family residence district, subject to the following conditions:

         a.   Each such parking lot shall abut a boundary of a commercial or industrial district or be separated therefrom by a street, alley or railroad right of way.

         b.   No such parking lot shall be so laid out as to create a residential island within a block; and to aid in accomplishing the purposes of this regulation, it is hereby provided that no such parking lot shall abut on more than two (2) lot lines of any lot used for residential purposes.

         c.   Each such parking lot shall contain at least ten (10) parking spaces.

         d.   Such parking lots shall comply with the regulations of section 10-4-7 of this title.

         e.   Such parking lots shall be restricted to the parking of passenger automobiles. (1975 Code Ch. 18 § XV)

      7.   The board of appeals shall have authority to act on any application for the location of a temporary mobile home outside of a licensed mobile home park for such period of time as it shall fix and determine in accordance with facts and circumstances in each case, all upon the condition, however, that all of the sanitary requirements of the state department of safety and professional services are met and maintained and that all of the requirements of section 66.0435, Wisconsin statutes, and all amendments thereto, are complied with. (Ord. 2013-07, 4-1-2013)

      8.   To interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan as shown on the district map accompanying and made a part of this title, where the street layout actually on the ground varies from the street layout on the aforesaid map. (1975 Code Ch. 18 § XV)

   D.   The board of appeals 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 in the premises and to that end shall have all the powers of the building inspector. Three (3) members of the board shall constitute a quorum. A majority vote of the members present 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 any variation in the requirements of this title. In all cases, refusal of the board to act favorably to the applicant on any matter shall be stated in writing, together with the reasons for such refusal. One copy thereof shall be delivered to the applicant and another shall be placed in the records of the board and shall be a public record. (Ord. 2005-13, 10-17-2005)

   E.   The board of appeals shall have the power to call on any other city department for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.

   F.   In exercising the foregoing powers the board of appeals may in appropriate cases establish suitable conditions and safeguards in harmony with the general purpose and intent of this title. (1975 Code Ch. 18 § XV)