Pursuant to § 62.23(7)(e), Wis. Stats.,
there is established a Zoning Board of Appeals for the City for the
purpose of hearing appeals and applications and granting variances
and exceptions to the provisions of this chapter in harmony with the
purpose and intent of said chapter.
A.
The Zoning Board of Appeals shall consist of five
members appointed by the Mayor and confirmed by the Council.
B.
Terms shall be for staggered three-year periods.
C.
The Chairman shall be designated by the Mayor.
E.
One member shall be a member of the Plan Commission
and one member preferably shall be a registered professional engineer,
builder, real estate appraiser, or architect.
F.
The Building Inspector shall attend all meetings for
the purpose of providing technical assistance when requested by the
Board.
G.
Official oaths shall be taken by all members in accordance
with current Wisconsin Statutes within 10 days of receiving notice
of their appointment.
H.
Vacancies shall be filled for the unexpired term in
the same manner as appointments for a full term.
[Amended by Ord. No. 927-2002[1]]
The Zoning Board of Appeals shall organize and
adopt rules of procedure for its government in accordance with the
provisions of this chapter. Meetings shall be held at the call of
the Chairman and shall be open to the public. Minutes of the proceedings
and a record of all actions shall be kept by the Board showing the
vote of each member upon each question, the reasons for the Board's
determination, and its finding of facts. These records shall be immediately
filed in the office of the City Clerk and shall be a public record.
If a quorum is present, the Zoning Board of Appeals may take action
by a majority vote of the members present.
[Amended by Ord. No. 884-99]
The Zoning Board of Appeals shall have the following
powers:
A.
Errors. The Board shall hear and decide appeals for
variances as will not be contrary to the public interest where, owing
to special conditions, a literal enforcement will result in practical
difficulty or unnecessary hardship, so that the spirit and purposes
of this chapter are observed and the public safety, welfare and justice
secured. Applications for variances, other than applications for side
yard or rear yard variances, shall be referred to the Plan Commission
for review and recommendation prior to being acted on by the Zoning
Board of Appeals.
B.
Interpretations. The Board shall hear and decide applications
for interpretations of the zoning regulations and the boundaries of
the zoning districts after the Plan Commission and appropriate Joint
Extraterritorial Zoning Commission have made review and recommendation.
C.
Unclassified uses. For land within the City of Mayville,
the Board shall hear and grant applications for unclassified and unspecified
uses, provided that such uses are substantially similar in character
to the principal uses permitted in the district and the Plan Commission
has made a review and recommendation to the Board.
D.
Temporary uses. The Board shall 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 Plan Commission
and appropriate Joint Extraterritorial Zoning Commission have made
a review and recommendation. The permit shall be temporary, revocable
and subject to any conditions 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 not be required.
E.
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.
F.
Assistance. The Board may request assistance from
other City officials, departments, commissions and boards.
G.
Oaths. The Chairman may administer oaths and compel
the attendance of witnesses.
[Amended by Ord. No. 927-2002]
Appeals from the decision of the Building Inspector
concerning the literal enforcement of this chapter may be made by
any person aggrieved or by any officer, department, board, or bureau
of the City. Such appeals shall be filed with the City Clerk within
30 days after the date of written notice of the decision or order
of the Building Inspector. Applications may be made by the owner of
the structure, land or water to be affected at any time and shall
be filed with the City Clerk. Such appeals and application shall include
the following where applicable:
A.
The name and address of the appellant or applicant
and all abutting and opposite property owners of record.
B.
The plat of survey prepared by a registered land surveyor
or a plot plan as deemed necessary by the Building Inspector.
C.
Additional information as may be required by the Building
Inspector, Plan Commission, appropriate Joint Extraterritorial Zoning
Commission, or Zoning Board of Appeals.
D.
A fee receipt from the City Clerk according to the
current fee schedule.
The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of such appeal set forth in § 430-136, shall give public notice thereof at least 10 days prior, and shall give due notice to the parties in interest, the Building Inspector, Plan Commission, and appropriate Joint Extraterritorial Zoning Commission. At the hearing the appellant or applicant may appear in person, by agent or by attorney.
[Amended by Ord. No. 806-95]
No variance to the provisions of this chapter
shall be granted by the Board unless it finds that all the following
facts and conditions exist and so indicates in the minutes of its
proceedings:
A.
That there are 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.
B.
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.
C.
That the variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose and spirit of this chapter or the public interest.
A.
The Zoning Board of Appeals shall decide all appeals
and applications within 30 days after the final hearing and shall
transmit a signed copy of the Board's decision to the appellant or
applicant, Building Inspector, Plan Commission, and appropriate Joint
Extraterritorial Zoning Commission.
B.
Conditions may be placed upon any zoning permit ordered
or authorized by this Board.
C.
Variances, substitutions, or use permits granted by
the Board shall expire within six months unless substantial work has
commenced pursuant to such grant. Where problems occur with completing
substantial work within the six-month time period, an extension shall
be applied for through the Zoning Board of Appeals. The filing fee
shall again be submitted for action on the extension.
[Amended by Ord. No. 927-2002]
Any person aggrieved by any decision of the
Zoning Board of Appeals may present to the 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 office
of the City Clerk.
