Nekoosa City Zoning Code
§ 17.34
Zoning Board of Appeals.
(2)
Powers and duties. The Board shall have the following powers and duties:
(a)
Errors: to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator.
(b)
Variances: to hear and grant appeals for variances as will not be contrary to the public interest where, 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. Use variances shall not be granted.
(c)
Interpretations: to hear and decide on applications for interpretations of the zoning regulations and the boundaries of the zoning districts after the Zoning Administrator has made a review and recommendation.
(d)
Substitutions: to hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made and the Zoning Administrator has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
(e)
Unclassified uses: to hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the Zoning Administrator has made a review and recommendation.
(f)
Temporary uses: to hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses, and the Zoning Administrator has made a review and recommendation. The permit shall be temporary, revocable, subject to any conditions required by the Board and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.
(g)
Permits. The Board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.
(h)
Assistance. The Board may request assistance from other City officers, departments, commissions and boards.
(i)
Oaths. The Chairperson may administer oaths and compel the attendance of witnesses.
(3)
Appeals and applications. Appeals from the decision of the Zoning Administrator concerning the literal enforcement of this chapter may be made by any person aggrieved or by an officer, department, board or bureau of the City. Such appeals shall be filed with the Secretary within 30 days after written notice of the decision or order of the Zoning Administrator. 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 application shall include the following:
(a)
Name and address of the appellant or applicant and all abutting and opposite property owners of record.
(b)
Plat or survey prepared by a registered land surveyor showing all of the information required under § 17.10 of this chapter for a zoning permit.
(c)
Additional information required by the Zoning Board of Appeals or the Zoning Administrator.
(d)
No fee is required.
(4)
Hearings. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, give public notice thereof at least 10 days prior, and shall give due notice to the parties in interest. At the hearing, the appellant or applicant may appear in person, by agent or by attorney.
(5)
Findings. No variance to the provisions of this chapter shall be granted by the Board unless it finds, beyond a reasonable doubt, that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
(a)
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 would not be of so general or recurrent a nature as to suggest that this chapter should be changed.
(b)
Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and vicinity.
(c)
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
(6)
Decision. The Zoning Board of Appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant.
(7)
Review by court of record. Any person or persons aggrieved by any decision of the Board 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 filing of the decision in the office of the City Clerk.