The City of Omro zoning board of appeals is an independent body consisting of citizen volunteers appointed to the board by the mayor with approval of the common council.

A.

Composition of Board. The board shall consist of five members and two alternate members. The mayor shall appoint, and the common council approve, one of the alternate members as the first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board of adjustment refuses to vote because of a conflict of interest or when a member is absent. The second alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the board of adjustment refuses to vote because of a conflict of interest or is absent.

B.

Chairperson. The board shall choose a chair from among its membership and determine its rules of proceeding according to Roberts Rules of Order and the Wisconsin State Statutes.

C.

Term of Office. Members shall serve terms of three years in duration except that of those first appointed, one member shall serve for one year, two members shall serve for two years, and two members shall serve for three years. Alternates shall serve for terms of three years. No member shall serve more than two consecutive terms of office.

D.

Board Vacancy. Board vacancies shall be filled by mayoral appointment and approval of the common council. Vacancies shall be filled for the remainder of the term of office of the member whose term becomes vacant.

E.

Compensation. Members shall serve without compensation.

(Prior Code, § 13-1-280(a); Code 1998, § 17.80.010; Ord. No. 346, § 1(part), 1997; Ord. No. 426(part), 2007)

A.

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 administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

B.

An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with the officer, that by reason of facts stated in the certificate a stay would, in the officer's 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 officer from whom the appeal is taken, and on due cause shown.

C.

The board of appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. In any action involving a listed property, as defined in Wis. Stats. § 44.31(4), the board shall consider any suggested alternatives or recommended decision submitted by the landmarks commission or the planning commission.

D.

The board 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

2.

To hear and decide special exception to the terms of this chapter upon which such board is required to pass under this chapter;

3.

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, a literal enforcement of the provisions of this title 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 or specifically in the case of the building or housing code appeals an equally good or better form of construction or repair can be used If the board of appeals does not specify an expiration date for the variance, a variance does not expire unless, at the time it is granted, the board of appeals specifies in the variance a specific date by which the action authorized by the variance must be commenced or completed. An ordinance enacted after April 5, 2012, may not specify an expiration date for a variance that was granted before April 5, 2012. A variance granted under this subdivision runs with the land. The board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this title, 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. "Unnecessary hardship" means:

a.

That no feasible use can be made of the property without the granting of the appeal; and

b.

The hardship is something which is unique to this property and not the owner of the property; and

c.

The hardship is not self-created; and

d.

The hardship is not solely economic.

(Prior Code, § 13-1-280(b); Code 1998, § 17.80.020; Ord. No. 346, § 1(part), 1997; Ord. No. 426(part), 2007)

A.

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

B.

The zoning board of appeals shall take no action except in a specific case and after a public hearing conducted by such board. Notices of the time and place of such public hearing shall be posted in at least three public places. Notices shall be sent to interested parties as determined by the city clerk of the zoning board of appeals. There shall be at least a three-day period between time of posting and the time of the meeting excluding the day of posting. Such notice shall contain the particular address or location of the property for which the variance or other ruling by the zoning board of appeals is sought, as well as a brief description of the nature of the appeal, and of what the proposed variance consists.

1.

Should a change in circumstances occur within a 12-month period which, in the appellant's opinion, changes the character of the appeal, then the appellant shall, in that event:

a.

Appellant shall submit a request for an additional hearing, outlining the changes in circumstances which have occurred;

b.

The zoning board of appeals shall review the request of the appellant and if in the opinion of three members of the zoning board of appeals, there is sufficient change in the circumstances to warrant a hearing, the zoning administrator shall schedule the hearing under the normal rules of procedure of the zoning board of appeals.

2.

No order of the zoning board of appeals permitting the erection or alteration of a structure shall be valid for a period longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

3.

No order of the zoning board of appeals permitting a use of a structure or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a structure, such order shall continue in force and effect if a building permit for the erection or alteration is started and proceeds to completion in accordance with the terms of such permits.

4.

The board of appeals my take action by a majority of the members of the board provided that a quorum is present. A quorum is defined as a majority of the members present. The zoning board of appeals may reserve or affirm wholly or in part or may modify any requirement, decision, determination or order appealed from and shall make such requirement, decision, determination, or order as in its opinion ought to be made in the premises and to that end shall have all powers of the zoning official. A concurring vote of a majority of the board shall be necessary to reserve any requirement, decision, determination or order appealed from or to decide in favor of the applicant on any matter on which it is required to pass or the effect any variation in the requirements of this title. In exercising the foregoing powers, the zoning board of appeals may in appropriate cases, establish suitable conditions and safeguards in harmony with the general purpose and intent of this title.

(Prior Code, § 13-1-280(c); Code 1998, § 17.80.030; Ord. No. 346, § 1(part), 1997; Ord. No. 426(part), 2007)

Powers of the zoning board of appeals include the following:

A.

Hear Appeals. To hear and decide appeals where it is alleged there is an error in any order, ruling, requirement, decision or determination made by the zoning administrator.

B.

Authorize Variances. To authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to public interest, where owing to special conditions, a literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship, so that the spirit of the title shall be observed, public safety and welfare secured, and substantial justice done.

C.

Extend District. To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of passage of this title.

D.

Interpret Zoning Code. To interpret the provisions of the title in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this title where the street layout on the ground varies from the street layout as shown on the map aforesaid.

E.

Vary Height and Area Regulations. Vary height and area regulations where there is an exceptional or unusual physical condition of a lot, which conditions is not generally prevalent in the neighborhood and which condition when related to the height and area regulations of this title would present a reasonable or sensible arrangement of structures on the lot.

F.

Vary Parking Regulations. Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a structure would make unnecessary the parking space required by this title by providing that such a reduction not be more than 25 percent of the unusual requirement.

G.

Powers of Board Limited. The zoning board of appeals has no other powers than those above specified.

(Prior Code, § 13-1-280(d); Code 1998, § 17.80.040; Ord. No. 346, § 1(part), 1997; Ord. No. 426(part), 2007)

The city clerk or designee thereof of the zoning board of appeals shall keep minutes of its proceedings, showing the action taken upon each question, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record.

(Prior Code, § 13-1-280(e); Code 1998, § 17.80.050; Ord. No. 346, § 1(part), 1997; Ord. No. 426(part), 2007)

All fees shall be approved by the common council, and listed on the fee schedule posted in the city clerk's office.

(Prior Code, § 13-1-280(f); Code 1998, § 17.80.060; Ord. No. 346, § 1(part), 1997; Ord. No. 426(part), 2007)