City Code 2-5-5: Powers:
The Zoning Board of Appeals shall have the following powers:
(A) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector in the administration of the zoning regulations of this Code.
(B) To permit the reasonable extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the adoption of the zoning regulations of this Code.
(C) To interpret the provisions of the zoning regulations of this Code in such a way as to carry out the intent and purpose of the Plan where the street layout actually on the ground varies from the street layout as shown on the Zoning Map.
(D) To permit a temporary building for business or industry in the residence district which is incidental to the residential development, such permit to be issued for a period of not more than one year.
(E) To permit a private garage to house more than three (3) noncommercial
automobiles, as an accessory building to a dwelling, hospital, school or other public or semi-public institution; provided, that the lot whereon such garage is to be located shall contain an area of not less than two thousand (2,000) square feet per motor vehicle housed.
(F) If recommended by the Public Service Commission of Wisconsin, to permit in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the zoning regulations of this Code, a building or premises to be erected or used by a public service corporation or for public utility purposes in any location and for any purpose which is reasonably necessary for the public convenience and welfare.
(G) To permit in appropriate cases and subject to appropriate conditions and safeguards the subdivision of a corner lot which is occupied by one main building at the time of the effective date of the zoning provisions of this Code, and which contains an area of seven thousand eight hundred (7,800) square feet or more, into two (2) lots each containing an area of not less than three thousand nine hundred (3,900) square feet.
(H) To authorize upon appeal in specific cases such variance from the terms of the zoning regulations of this Code as will not be contrary to the public interests, where, owing to special conditions, a literal enforcement of the provisions of the zoning regulations of this Code would result in unnecessary hardship and so that the spirit of the zoning regulations of this Code shall be observed and substantial justice done.
(I) In exercising the above mentioned powers, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Building Inspector.
(J) Any person or persons, jointly or severally, aggrieved by the Board, or any taxpayer, or any officer, department, board or bureau of the City may, within thirty (30) days after the filing of the decision in the office of the Board, but not thereafter, present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality whereupon such decision of said Board shall be subject to review by certiorari as provided by law. (1969 Code, sec. 15:10; 5-2-2006)
City Code: Zoning Board of Appeals
