The Board of Adjustment/Appeals, created under Wis. Stat. § 62.23(7)(e) is hereby authorized or shall be appointed to act for the purposes of this chapter. The Board shall exercise the powers conferred by the state statutes and adopt rules for the conduct of business. The Zoning Administrator may not be the secretary of the Board.
(A) Powers and duties. The Board of Adjustment/Appeals 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 village 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 the state 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 ten 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 division (C) below;
2. Decide variance applications according to division (D) below; and
(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 ten 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) In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board.
(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 § 152.18 of this chapter.
(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 ordinance provisions 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 ordinance or map must be amended;
(c) The variance is not contrary to the public interest; and
(2) In addition to the criteria in division (D)(1) above, to qualify for a variance under FEMA regulations, the following criteria must be met:
(a) The variance may not cause any increase in the regional flood elevation;
(b) Variances can only be granted for lots that are less than one-half 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 ordinance.
(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 § 152.18(A) of this chapter; and
(f) Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
(4) When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record.
(Ord. passed 7-15-2010)