15.550 Zoning Board of Appeals.

(1) Creation and Membership. A Board of Appeals is hereby established in accordance with Wis. Stat. § 62.23(7)(e). The word Board when used in this section shall mean the Board of Appeals. The Board shall consist of five members appointed by the Mayor, subject to confirmation of the Common Council for terms of three years, except that of those first appointed, one shall serve for one year, two for two years and two for three years. Vacancies shall be filled for the remainder of the unexpired term only according to the procedure herein. All members of the Board shall serve without compensation. All terms are hereby designated to end at noon on June 1st of each year. At the first regular Council meeting in May of the year in which a term or terms expire, the Mayor shall designate the successors to the Common Council. The Common Council shall approve or reject said nominations at the second regular Council meeting in May of each year. If a successor is not appointed to fill an expired term, the incumbent shall remain at the position until a successor is appointed. The Mayor shall appoint for staggered terms of three years two alternate members of such Board, in addition to the five members above provided for. Annually, at the first regular Council meeting in May, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The alternates shall be appointed under the same procedure as required to appoint regular members. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so 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 above provisions with regard to removal and the filling of vacancies shall also apply to alternates.

(2) Procedure, Rules, Meetings, Minutes. The chairman of the Board shall be designated by the Mayor. The Board shall adopt its own rules of procedure deemed necessary to carry out the provisions of this section. 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. 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 official actions, all of which shall immediately be filed in the office of the Board, and shall be a public record. The presence of four members shall be necessary to constitute a quorum.

(3) Appeal. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Manitowoc affected by any decision, or ruling of the Director of Building Inspection made under this chapter. Such appeal shall be taken within 15 days after the decision or ruling of the Director of Building Inspection, after payment by the aggrieved person of an appeal fee as determined by resolution of the Common Council, and payable at the time of application by filing with the Director of Building Inspection and with the Board a notice of appeal, specifying the grounds therefor, and upon forms provided by the Board. The applicant for a variance shall also pay the total cost of legal publications to the City of Manitowoc. The Director of Building Inspection shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(4) Stay of Proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Director of Building Inspection certifies to the Board of Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate of stay, would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Director of Building Inspection from whom the appeal was taken, and on due cause shown.

(5) Hearings. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give due notice thereof. Written notices of the nature of the appeal and the time and place of the Zoning Board of Appeals meeting at which time the appeal will be heard shall be sent to property owners within 100 feet of the property subject to the appeal. The Board shall hear and decide the appeal within a reasonable time. At the hearing any party may appear in person or by agent, or attorney, and the City Planner or his representative shall have the right to be present at the hearing, and to be heard upon the matter before it. In addition, the Board shall have the power to call on any of the City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance as may be reasonably required.

(6) Powers of the Board. The Zoning Board of Appeals shall be governed by zoning laws as contained in Wis. Stat. § 62.23 and the Zoning Ordinance of the City of Manitowoc:

(a) Where there are practical difficulties, or unnecessary or particular hardship in the way of carrying out the strict letter of this chapter, the Board shall have the power in passing upon appeals to vary or modify any of the provisions of this chapter, relating to the construction, structural change in, equipment or alteration of buildings or structures, or the use of land, buildings or structures, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done;

(b) Where the street or lot layout actually on the ground, or as recorded, differs from the street or lot lines as shown on the Zoning Map, the Board shall interpret the map in such a way as to carry out the intent and purposes of this chapter for the particular section or district in question;

(c) The Board shall have authority to make exceptions as specifically described in this chapter, subject to the conditions set forth;

(d) Grant a permit to expand existing private garages, that are legal nonconforming buildings as to yard requirements, to a capacity not to exceed three motor driven vehicles;

(e) The Board shall have authority to issue a variance affecting any yard; provided, that: the strict application of the provisions of the ordinance would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this chapter; there are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood; and the granting of such variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought, and will not materially impair the purpose of this chapter;

(f) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter, including, but not limited to, specifying an expiration date for a variance granted if that date relates to a specific date by which the action authorized by the variance must be commenced or completed. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the chapter and punishable under MMC 15.630;

(g) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district. In carrying out its functions the Board shall give due consideration to the City’s current Official Map as required in Chapter 22 MMC; and

(h) Those powers specified in Wis. Stat. § 62.23(7)(e)(7).

(7) Decisions of the Board. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issue of a permit. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Director of Building Inspection or to decide in favor of the applicant on any matter upon being brought before the Board as required by this chapter. The grounds of every such determination shall be stated.

(8) Construction. In all respects this section shall be interpreted to be in compliance with the requirements of Wis. Stat. § 62.23(7)(e). In the event of any conflict between this chapter and the Statute, the provisions of the Statute shall govern.

[Ord. 12-529 § 44, 2012. Prior code § 15.55]