A.
Scope of appeals. Appeals to the Zoning 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 30 days of the alleged grievance
or judgment in question by filing with the officer(s) from whom the
appeal is taken and with the Zoning Board of Appeals a notice of appeal
specifying the grounds thereof, together with payment of a filing
fee as may be established by the Common Council. The officer(s) from
whom the appeal is taken shall forthwith transmit to the Zoning Board
of Appeals all papers constituting the record of appeals upon which
the action appealed from was taken.
B.
Stay of proceedings. 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 Zoning Board of Appeals that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause immediate peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Zoning 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.
Powers of Zoning Board of Appeals. In addition to those powers enumerated
elsewhere in this Code of Ordinances, the Zoning Board of Appeals
shall have the following powers:[1]
(1)
Errors. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Zoning Administrator or Building Inspector.
(2)
Interpretations. To hear and decide applications for interpretation
of the zoning regulations and the boundaries of the zoning districts
after the Common Council has made a review and recommendation.
(3)
Substitutions. To hear and grant applications for substitution
of more restrictive nonconforming uses for existing nonconforming
uses, provided that no structural alterations are to be made and the
Common Council has made a review and recommendation. Whenever the
Board permits such a substitution, the use may not thereafter be changed
without application.
(4)
Unclassified uses. To hear and grant applications for unclassified
and unspecified uses, provided that such uses are similar in character
to the principal uses permitted in the district and the Common Council
has made a review and recommendation.
(5)
Temporary uses. To hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure and are compatible
with the neighboring uses and the Common Council has made a review
and recommendation. The permit shall be temporary, revocable, subject
to any condition required by the Zoning Board of Appeals and shall
be issued for a period not to exceed 12 months. Compliance with all
other provisions of this chapter shall be required.
(6)
Permits. The Board may reverse, affirm wholly or partly, or
modify the requirements appealed from and may issue or direct the
issue of a permit.
The Zoning Board of Appeals shall fix a reasonable time for
the hearing, cause notice thereof to be published in the official
newspaper not less than seven days prior thereto and cause notice
to be given to the appellant or applicant and the administrative officer(s)
appealed from by regular mail or by personal service not less than
five days prior to the date of hearing. In every case involving a
variance, notice shall also be mailed not less than five days prior
to the hearing of the fee owners of record of all land within 100
feet of any part of the subject building or premises involved in the
appeal.
A.
Time frame. The Zoning Board of Appeals shall decide all appeals
and applications within 30 days after the public hearing and shall
transmit a signed copy of the Board's decision to the appellant or
applicant and the Zoning Administrator.
B.
Conditions. Conditions may be placed upon any zoning permit ordered
or authorized by this Board.
C.
Validity. Variances, substitutions or use permits granted by the
Board shall expire within six months unless substantial work has commenced
pursuant to such grant.
A.
Purpose.
(1)
A request for a variance may be made when an aggrieved party
can submit proof that strict adherence to the provisions of this chapter
would cause him/her undue hardship or create conditions causing greater
harmful effects than the initial condition. A variance granted to
a nonconforming use brings that use into conformance with the district
and zoning requirements.
(2)
The Common Council may 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 unnecessary
hardship and so that the spirit of this chapter shall be observed
and substantial justice done. No variance shall have the effect of
allowing in any district uses prohibited in that district, permit
a lower degree of flood protection that the flood protection elevation
for the particular area or permit standards lower than those required
by state law.
(3)
For the purposes of this section, "unnecessary hardship" shall
be defined as an unusual or extreme decrease in the adaptability of
the property to the uses permitted by the zoning district which is
caused by facts, such as rough terrain or good soil conditions, uniquely
applicable to the particular piece of property as distinguished from
those applicable to most or all property in the same zoning district.
B.
Application for variation. The application for variation shall be
filed with the Zoning Administrator. Applications may be made by the
owner or lessee of the structure, land or water to be affected. The
application shall contain the following information:
(1)
Name and address of applicant and all abutting and opposite
property owners of record.
(3)
Address and description of the property.
(4)
A site plan showing an accurate depiction of the property.
(5)
Additional information required by the City Engineer, Common
Council , Zoning Board of Appeals or Zoning Administrator.
C.
Public hearing of application. The Common Council shall conduct at
least one public hearing on the proposed variation. Notice of such
hearing shall be given not more than 30 days and not less than 10
days before the hearing in one or more of the newspapers in general
circulation in the City and due notice shall be given to the parties
in interest and the Zoning Administrator. At the hearing the appellant
or applicant may appear in person, by agent or by attorney. The Council
shall thereafter reach its decision within 30 days after the final
hearing and shall transmit a written copy of its decision to the appellant
or applicant.[3]
D.
Action of the Council. For the Council to grant a variance, it must
find that:
(1)
Denial of variation may result in hardship to the property owner
due to physiographical consideration. There must be exceptional, extraordinary
or unusual circumstances or conditions applying to the lot or parcel,
structure, use or intended use that do not apply generally to other
properties or uses in the same district and the granting of the variance
would not be of so general or recurrent nature as to suggest that
this chapter should be changed.
(2)
The conditions upon which a petition for a variation is based
are unique to the property for which variation is being sought and
that such variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in the
same district and same vicinity.
(3)
The purpose of the variation is not based exclusively upon a
desire to increase the value or income potential of the property.
(4)
The granting of the variation will not be detrimental to the
public welfare or injurious to the other property or improvements
in the neighborhood in which the property is located.
(5)
The proposed variation will not undermine the spirit and general
and specific purposes of this chapter.
E.
Zoning Board of Appeals action. Parties may appeal decisions of the
Common Council under this section to the Zoning Board of Appeals;
the Zoning Board of Appeals shall follow the procedures applicable
to the Common Council under this section.
F.
Conditions. The Common Council or the Zoning Board of Appeals on
appeal may impose such conditions and restrictions upon the premises
benefited by a variance as may be necessary to comply with the standards
established in this section.
Any person or persons aggrieved by any decision of the Zoning
Board of Appeals may present to a court of record a petition, duly
verified, setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the offices
of the Zoning Board of Appeals.
