§ 52-1078. Board of Appeals.

The City Mayor or Village President shall appoint a Board of Appeals under Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the municipal governing body. The Board of Appeals shall adopt rules for the conduct of its business as required by Wis. Stats. § 62.23(7)(e)3.

(1)

Powers and duties. The Board of Appeals:

a.

Shall 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 or administration of this article.

b.

Shall hear and decide applications for conditional use permits.

c.

May authorize upon appeal a variance from the dimensional standards of this article where an applicant convincingly demonstrates:

1.

That literal enforcement of the terms of the ordinance will result in unnecessary hardship for the applicant.

2.

That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;

3.

That such variance is not contrary to the public interest as expressed by the purpose of this article and;

4.

That such variance will not grant or increase any use of property which is prohibited in the zoning district.

(2)

Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision, or determination of the zoning administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The zoning administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.

(3)

Public hearings.

a.

Before making a decision on an appeal or application, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give Public Notice of the hearing by publishing a Class 2 Notice under Wis. Stats. ch. 985, specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney.

b.

A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the department at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.

(4)

Decisions.

a.

The final disposition of an appeal or application for a conditional use permit before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.

b.

A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.

(Ord. No. 88-01, § 5.8, 3-1-1988)