In order that the objectives may be more fully and equitably achieved and a means for interpretation provided, there is established a board of appeals (hereinafter referred to as "the board") for the City of Seymour.

(a)

Board members. The board shall consist of five members appointed by the mayor and confirmed by the city council. Members should be knowledgeable of zoning rules and procedures, and attempts should be made to appoint a well-represented cross section of local businessmen, industrial leaders, professionals, and citizens at large. The mayor shall designate one of the board members chairman. Board members shall be removable by the mayor for cause upon written charges and after a public hearing. A secretary, who does not have to be a board member, shall be appointed by the board.

(b)

Alternate members. The mayor shall appoint two alternate members to the board. Annually, the mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board is absent or refuses to vote because of interest. The second alternate shall act only when the first alternate so refuses or is absent or when more than one member of the board so refuses or is absent. The provisions for removing board members shall apply to the removal of alternates.

(c)

Terms. Board members shall be appointed to three year terms, except for those first appointed, in which case one member shall serve for one year, two members for two years and two members for three years. Alternate members shall serve staggered terms for three years.

(d)

Vacancies. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(a)

Procedures. The board shall be governed by the provisions of Wis. Stats. § 62.23(7), this chapter, and the rules and procedures set forth herein, as adopted by the board and approved by the city council. No rule herein shall be changed or waived without the affirmative vote of four members of the board and the concurrence of the city council.

(b)

Meetings. 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.

(c)

Records and decisions. The board 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 as public records. All actions or decisions shall be taken by resolution in which four members, present during the proceedings, must concur. Each resolution or decision shall contain a statement of the grounds forming the basis of such resolution or decision. The chairman shall notify the city council, mayor and plan commission of all decisions and resolutions. A copy of all decisions and resolutions granted for appeals located in a floodplain shall be forwarded to the district office of the Department of Natural Resources.

(a)

Procedure. Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the zoning administrator within 30 days of the decision involved. The appeal shall be filed with the zoning administrator and with the board of appeals on a form provided by the board specifying the grounds for such appeal.

(b)

Fees. Upon receipt of the completed form, and payment of an appeal fee pursuant to the fee schedule, the zoning administrator shall forthwith transmit the original and both copies of the appeal form to the secretary of the board, together with all papers constituting the record upon which the action appealed from was taken. If the appeal is withdrawn before public notice of a hearing is given, a portion of the appeal fee shall be returned to the applicant. Any appeal brought for or on behalf of the city shall be exempt from the fee requirement.

(c)

Preliminary review. The secretary of the board of appeals shall as promptly as possible, inform the board concerning the appeal and the board may either discuss the matter with the applicant if the applicant desires or proceed directly to order public notice of a hearing as specified in section 78-237.

If the applicant elects to withdraw the appeal any time before final determination is made by the board, this fact shall be noted on the application, with the signature of the applicant, attesting withdrawal. Copies of the withdrawn application shall be returned to the secretary for the files of the board, to the zoning administrator and to the applicant.

If the appeal is not withdrawn, the board may request the applicant to provide such additional information as may be needed to determine the case and shall instruct the secretary to proceed with public notice of a hearing on the case.

(d)

Amendments. Amendment of an appeal by the applicant may be permitted at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after public notice of the hearing has been given, and such amendment is at variance with the information set forth In the public notice, the applicant shall pay an additional fee pursuant to the fee schedule to cover the cost of amending the public notice. If the amended notice can be published within the time frame specified for the public hearing, the hearing on the amended appeal may be held on that date, otherwise the chairman shall announce that the hearing originally scheduled on the case will be deferred to a future meeting, before which appropriate public notice will be given, and will state the reasons for the deferral.

(a)

Authority. The board shall have the authority to grant a variance by varying the strict application of any requirement of this chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical features whereby strict application of such requirements would result in practical difficulty and unnecessary hardship depriving the owner of reasonable use of land or buildings.

(b)

Fees. Request for a variance shall be subject to the fee requirements of section 78-234(b).

(c)

Requirements for a variance. In general the power to authorize a variance from the requirements of the ordinance shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance shall be granted for actions which require an amendment to this chapter. Variances shall only be granted when the board finds that:

(1)

The variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter.

(2)

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

(3)

The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(4)

The variance will not permit the establishment of a use which is not permitted in the district.

(5)

The hardship is not shared generally by other land or buildings in the same area.

(6)

The hardship results from the strict application of this chapter and is not the result of self-created or self-imposed circumstances.

(7)

Greater profitability, lack of knowledge of restrictions, and other variances granted under similar circumstances are not being considered as sufficient cause for a variance.

(8)

Nonconforming uses of neighboring lands, structures or buildings in the same district, and permitted or non-confirming uses of lands, structures or buildings in other districts are not being considered as grounds for issuance of a variance.

(d)

Requirements for a variance in the floodplain. In addition to the requirements specified in subsection (c) above, a variance may be issued for structures or buildings located in the floodplain if the variance will not result in any change in the established flood elevations or profiles.

(1)

The variance is consistent with the spirit and intent of the zoning ordinance.

(2)

The variance will not permit any change in established flood elevations or profiles.

(3)

The basis for the variance is not a use that is common to a group of adjacent lots or premises. (In such a case, the zoning ordinance would have to be amended through the proper procedures.)

(4)

The variance is not contrary to the public interest or damaging to the rights of other persons or property values in the area.

(5)

The variance does not allow a use or expansion of a use that is prohibited in the floodplain district.

(6)

The variance is not based solely on economic gain or loss.

(e)

Requirements for variances for nonconforming uses in the floodfringe. Variances may also be granted for nonconforming uses in the floodfringe area of the floodplain if the requirements specified in subsections (c) and (d) above are met and if:

(1)

Compliance with section 78-135(d) would result in unnecessary hardships;

(2)

The structure is not associated with high flood damage potential;

(3)

Human lives are not endangered;

(4)

Public facilities, such as water or sewer, are not to be installed;

(5)

Flood depths will not exceed four feet;

(6)

Flood velocities will not exceed two feet per second; and

(7)

The structure will not be used for storage of materials.

(f)

Hearings. Public hearings shall be held in accordance with section 78-236.

(g)

Additional conditions. The board may prescribe any additional safeguards or conditions that are in conformity with this chapter.

(a)

Time period. Upon filing with the board of an application for an appeal or variance, the board shall fix a reasonable time (not more than 60 days from the filing date) for a public hearing.

(b)

Notice of hearing. A Class 2 notice to Wis. Stats. ch. 985 shall be published in the official newspaper of the City of Seymour specifying the date, time and place of the hearing and the matters to come before the board. Notices shall also be mailed to the parties at interest, as determined by the board of appeals.

(c)

Notification of plan commission. Within ten days of the filing date of an application or appeal, and prior to fixing a date for the public hearing, the secretary of the board shall transmit a copy of such application for appeal and all accompanying information to the plan commission. Where a plan commission recommendation is required by this chapter, the chairman of the plan commission shall advise the board of the time necessary to evaluate the application, and the board shall be so guided in fixing a date for a public hearing.

Any person or persons, or any board, taxpayer, department or bureau of the city aggrieved by any decision of the board of appeals may appeal such decision to a court of record in accordance with Wis. Stats. § 62.24(7).

(a)

The board is authorized to hear appeals from designated offenders, pursuant to section 50-52(h)(1)—(11) of the Code of Ordinances, and shall limit its jurisdiction to the provisions set forth in the above subsections when hearing such appeals.

(b)

The board shall follow the procedures set forth at section 50-52(h)(1)—(11) and section 78-236(a) and (b) when scheduling and conducting any appeal hearing.

(Ord. No. 2019-105, pt. 1, 8-12-2019)