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by Chapter of Revised Municipal Code
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The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.
Chapter 23 - Zoning Code
Section 23.05 Board of Appeals
A Board of Appeals is hereby established. It shall hold meetings and have power provided by law. Appeals shall be accompanied by a fee of $90.00. A copy of all Flood Plain decisions by the Board of Appeals shall be mailed to the appropriate district office of the Department of Natural Resources.
The Board of Appeals shall not permit any change in established flood elevation or profiles; shall not grant flood plain variances for a use that is common to a group of adjacent lots or premises (in such case, the Zoning Ordinance would have to be amended through proper procedures); shall not grant a variance unless it is consistent with the spirit and intent of the ordinance and will not be contrary to the public interest or damaging to the rights of other persons or property values in the area; shall not grant a variance for an action which requires an amendment to the flood plain regulations; shall not grant a variance which would have the effect of allowing or expanding a use or structure which is prohibited in that zoning district; shall not grant a variance for a self-created hardship.
The Board of Appeals may permit modification or additions to structures which are not conforming with the flood fringe standards when the standards would result in unnecessary hardship and the structure will not be used for human habitation; the structure will not be associated with a high flood damage potential; human lives are not endangered; public facilities such as water or sewer, are not to be installed; flood depths will not exceed four feet; flood velocities will not exceed two feet per second and the structure will not be used for storage of materials that are buoyant, flammable, explosive, or which in time of flooding could be injurious to human, animal, or plant life. If a variance is granted, the community shall notify the property owner that increased flood insurance premiums may result.
Wis. State Statute 62.23(7)(e):
1. The council which enacts zoning regulations pursuant to this section, shall by ordinance provide for the appointment of a Board of Appeals, and shall provide in such regulations that said Board of Appeals may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. Nothing in this subdivision shall preclude the granting of special exceptions by the City Plan Commission or the Common Council in accordance with zoning regulations adopted pursuant to this section which were in effect on July 7, 1973 or adopted after that date.
2. The Board of Appeals shall consist of 5 members appointed by the Mayor subject to confirmation by the Common Council for terms of 3 years, except that of those first appointed, one shall serve for one year, 2 for 2 years, and 2 for 3 years. The members of the Board shall serve at such compensation to be fixed by ordinance, and shall be removable by the Mayor for cause upon written charges and after public hearing. The Mayor shall designate one of the members chairman. The Board may employ a secretary and other employees. Vacancies shall be filled by the unexpired terms of members whose terms become vacant. The Mayor may appoint, for staggered terms of 3 years, 2 alternate members of such Board, in addition to the 5 members above provided for. Annually, the Mayor shall designate one of the alternate members as 1st alternate and the other as 2nd alternate. The 1st 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 above provisions, with regard to removal and the filling of vacancies, shall apply to such alternates.
3. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to 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 other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
4. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city, affected by any decisions of the administrative officer. Such appeal may be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
5. 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 Board of Appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, such 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 which may be granted by the 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.
6. The Board of Appeals shall fix a reasonable time for the hearing for the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
7. The Board of Appeals shall have the following powers: to 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 of this section or of any ordinance adopted pursuant thereto; to hear and decide special exception to the terms of the ordinance upon which such Board is required to pass under such ordinance; to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in a practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. The Board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the ordinance, a building or premise to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
8. In exercising the above-mentioned powers such Board may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all of the powers of the officer from whom the Board is taken, and may issue or direct the issue of a permit.
9. A majority vote of the members present shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. The grounds of every such determination shall be stated.
10. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part, 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 Board of Appeals.
11. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Appeals in order to review such decision of the Board of Appeals, and shall prescribe therein the time within which a return thereto must be made and served upon the realtors attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board of Appeals, and on due cause shown, grant a restraining order.
12. The Board of Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from, and shall be verified.
13. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and to report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
14. Costs shall not be allowed against the Board unless it shall appear to the court that the Board acted with gross negligence or in bad faith, or with malice, in making the decision appealed from.
15. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.
Illustrations: The illustrations contained in this part are provided solely to clarify the intent of textual provisions.
The ordinances reproduced on this website are derived
from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point,
but are unofficial. The ordinances on this web site cannot be certified under s. 889.08,
Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps
that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance
files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point,
available in the City
Clerk's Office, for the official text.