The board of appeals shall consist of five members who shall be appointed by the mayor and approved by the common council. The members of the board shall serve without compensation. The mayor shall designate one of the members as chairman, and the city administrator shall serve as secretary of the board. The term of office of the members of the board shall be for three years, except that of those first appointed one shall serve for one year, two for two years and three for three years, respectively, from January 1st. The mayor shall appoint for a term of three years, an alternate member of such board, in addition to the five members above provided for, who shall act with full power, only when a member of the board refuses to vote because of interest or is absent.

(Ord. 1127 (part), 1998).

All meetings of the board shall be held at the city building, unless a different meeting place is announced in a public notice of the meeting, and shall be open to the public. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(Ord. 1127 (part), 1998).

The board shall adopt from time to time such rules and regulations, as it may deem necessary to carry into effect the provisions of this title and Section 62.23(7), Wisconsin Statutes. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, showing such fact. The final disposition of appeals shall be recorded in the minutes with a motion indicating the reasons of the board therefore all of which shall be a public record. A majority vote of the board shall be necessary to reverse any order or determination of the building inspector or zoning officer, or to decide in favor of the applicant any matter upon which they are required to pass, or to effect any variation of this title.

(Ord. 1339, 2008: Ord. 1127 (part), 1998).

Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city within a reasonable time as shall be prescribed by the board, by general rule, by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, the party may appear in person or by agent or by attorney.

(Ord. 1127 (part), 1998).

A.

The board shall have the following powers:

1.

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

2.

To permit the reasonable extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the adoption of the ordinance codified in this title;

3.

To interpret the provisions of this title in such a way as to carry out the intent and purpose of the street layout actually on the ground varies street layout as shown on the zoning map;

4.

To permit a change of nonconforming use to another use where the board, after public hearing thereon, deems the proposed use will be no more harmful to the surrounding neighborhood from the standpoint of the purposes of this title than the existing nonconforming use;

5.

If recommended by the Public Service Commission of Wisconsin, to 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 by a public service corporation or for public utility purposes in any location and for any purpose which is reasonably necessary for the public convenience and welfare;

6.

To permit, in appropriate cases and subject to appropriate conditions and safeguards, the subdivision of a corner lot or corner parcel of land containing an area between ten thousand and fourteen thousand square feet, which is held in a separate ownership from abutting lots or parcels of land at the time of the adoption of the ordinance codified in this title, into two residence lots each containing an area of not less than five thousand square feet;

7.

Before granting a variance, the board shall ensure that the following three standards have been met:

a.

There are characteristics which make the property unique, so that if a variance is not issued, no reasonable use can be made of the property,

b.

There will be no adverse effect on the surrounding neighborhood, and

c.

There will be no adverse effect on the public.

The board may impose on any variance, conditions that have the effect of ensuring compliance with the community development plan and ensuring that the intent of the zoning ordinance codified in this title is met;

8.

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 chapter would result in unnecessary hardships and so that the spirit of this chapter shall be observed and substantial justice done.

B.

In exercising the above mentioned powers, the board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the 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.

C.

Any person or persons, jointly or severally, aggrieved by any decision of the board, or any taxpayer, or any officer, department, board or bureau of the city may, within thirty days after the filing of the decision in the office of the board, but not thereafter, present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality whereupon such decision of the board shall be subject to review by certiorari, as provided by law.

(Ord. 1127 (part), 1998).