Where a zoning administrator, planning agency or a board of
adjustment/appeals has already been appointed to administer a zoning
ordinance adopted under § 59.69, 59.692 or 62.23(7), Wis.
Stats., these officials shall also administer this chapter.
The Board of Adjustment created under § 62.23(7)(e),
Wis. Stats., for cities or villages, is hereby authorized or shall
be appointed to act for the purposes of this chapter. The Board shall
exercise the powers conferred by Wisconsin statutes and adopt rules
for the conduct of business. The Zoning Administrator shall not be
the Secretary of the Board.
A. Powers and duties. The Board of Adjustment shall:
(1) Appeals. Hear and decide appeals where it is alleged there is an
error in any order, requirement, decision or determination made by
an administrative official in the enforcement or administration of
this chapter;
(2) Boundary disputes. Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map; and
(3) Variances. Hear and decide, upon appeal, variances from the ordinance
standards.
B. Appeals to the Board.
(1) Appeals to the Board may be taken by any person aggrieved, or by
any officer or department of the municipality affected by any decision
of the Zoning Administrator or other administrative officer. Such
appeal shall be taken within 30 days unless otherwise provided by
the rules of the Board, by filing with the official whose decision
is in question, and with the Board, a notice of appeal specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
(2) Notice and hearing for appeals including variances.
(a)
Notice. The Board shall:
[1]
Fix a reasonable time for the hearing;
[2]
Publish adequate notice pursuant to Wisconsin statutes, specifying
the date, time, place and subject of the hearing; and
[3]
Assure that notice shall be mailed to the parties in interest
and the Department regional office at least 10 days in advance of
the hearing.
(b)
Hearing. Any party may appear in person or by agent. The Board
shall:
[1]
Resolve boundary disputes according to Subsection
C;
[2]
Decide variance applications according to Subsection
D; and
[3]
Decide appeals of permit denials according to §
685-29.
(3) Decision. The final decision regarding the appeal or variance application
shall:
(a)
Be made within a reasonable time;
(b)
Be sent to the Department regional office within 10 days of
the decision;
(c)
Be a written determination signed by the Chairman or Secretary
of the Board;
(d)
State the specific facts which are the basis for the Board's
decision;
(e)
Either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or grant or deny the variance application;
and
(f)
Include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a variance, clearly stated
in the recorded minutes of the Board proceedings.
C. Boundary disputes. The following procedure shall be used by the Board
in hearing disputes concerning floodplain district boundaries:
(1) If a floodplain district boundary is established by approximate or
detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary; if none exist, other evidence may
be examined;
(2) The person contesting the boundary location shall be given a reasonable
opportunity to present arguments and technical evidence to the Board;
and
(3) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Article
VIII, Amendments.
D. Variance.
(1) The Board may, upon appeal, grant a variance from the standards of
this chapter if an applicant convincingly demonstrates that:
(a)
Literal enforcement of the chapter will cause unnecessary hardship;
(b)
The hardship is due to adoption of the floodplain ordinance
and unique property conditions, not common to adjacent lots or premises;
in such case the chapter or map must be amended;
(c)
The variance is not contrary to the public interest; and
(d)
The variance is consistent with the purpose of this chapter in §
685-3.
(2) In addition to the criteria in Subsection
D(1), to qualify for a variance under FEMA regulations, the following criteria must be met:
(a)
The variance shall not cause any increase in the regional flood
elevation;
(b)
Variances can only be granted for lots that are less than 1/2
acre and are contiguous to existing structures constructed below the
RFE; and
(c)
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety or nuisances, shall not increase costs for
rescue and relief efforts and shall not be contrary to the purpose
of the chapter.
(3) A variance shall not:
(a)
Grant, extend or increase any use prohibited in the zoning district;
(b)
Be granted for a hardship based solely on an economic gain or
loss;
(c)
Be granted for a hardship which is self-created;
(d)
Damage the rights or property values of other persons in the
area;
(e)
Allow actions without the amendments to this chapter or map(s) required in Article
VIII, Amendments; and
(f)
Allow any alteration of a historic structure, including its
use, which would preclude its continued designation as a historic
structure.
(4) When a floodplain variance is granted the Board shall notify the
applicant in writing that it may increase risks to life and property
and flood insurance premiums could increase up to $25 per $100 of
coverage. A copy shall be maintained with the variance record.