(1)

A board of appeals shall be appointed as specified in § 62.23, Wis. Stats. The mayor shall designate one of the members chairman. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The members shall serve without compensation and shall be removable by the mayor for cause upon written charges and after public hearing. The board of appeals shall make and file in the office of the city clerk its own rules of procedure consistent with the statutes. It shall have the following powers:

(a)

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

(b)

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

(c)

Reserved.

(d)

To permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, 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.

(2)

Applications for variances shall be filled out at the zoning department and reviewed by staff. Application shall contain a full legal description, property map, and a map of surrounding zoning. After review by staff, application shall be placed on the appropriate zoning board of appeals agenda for review, and request shall be posted by city on public access television.

(3)

Whenever a variance is requested and the required public hearing is scheduled and noticed by city as a class 2 notice, the city shall give notice, by regular mail, of the proposed variance to all property owners whose property lies within 300 feet measured in a straight line from the exterior boundary of the property subject to the proposed variance. Said notice shall be mailed at least ten days prior to the hearing, however failure of a neighboring property owner to receive such mailed notice shall not invalidate a public hearing. If action is delayed more than 120 days from the date of public hearing, a new public hearing shall take place. The board may grant up to a 60-day extension if warranted by extenuating circumstances. In addition to the notification requirements listed above, the applicant shall post signage visible to every facing street at least ten days prior to the hearing. The signage shall identify the property as being the subject of a public hearing and identify the appropriate city office that may be contacted for information.

(4)

The board 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, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of three members of the board 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, except that the concurring vote of four members of the board shall be necessary to effect a variance. The grounds of every such determination shall be stated and recorded.

(5)

The minutes of proceedings and hearings before the board and all variances granted by it shall be filed promptly at the office of the city clerk-treasurer and shall be open for public inspection during office hours.

(Ord. No. 961-1195, § 3, 11-7-95; Ord. No. 1032-0100, §§ 3, 4, 1-18-00; Ord. No. 1038-0400, §§ 9, 10, 4-8-00; Ord. No. 1107-0903, § 4, 9-16-03; Ord. No. 1208-0608, § 1, 6-17-08; Ord. No. 1429-0823, § 6, 8-15-23)