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(A) The Board of Trustees shall:
(1) Oversee the functions of the office of the Zoning Administrator; and
(2) Review and advise the governing body on all proposed amendments to this chapter, maps, and text.
(B) The Zoning Agency shall not:
(1) Grant variances to the terms of the ordinance in place of action by the Board of Adjustment/Appeals; or
(2) Amend the text or zoning maps in place of official action by the governing body.
(Ord. passed 7-15-2010)
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)
(A) The Zoning Agency (§ 152.47 of this subchapter) or Board shall review all data related to the appeal. This may include:
(3) Data listed in § 152.31(C)(1)(b) of this chapter where the applicant has not submitted this information to the Zoning Administrator; and
(4) Other data submitted with the application or submitted to the Board with the appeal.
(B) For appeals of all denied permits, the Board shall:
(2) Consider Zoning Agency recommendations; and
(3) Either uphold the denial or grant the appeal.
(C) For appeals concerning increases in regional flood elevation, the Board shall:
(1) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01-foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners; and
(2) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01-foot provided no other reasons for denial exist.
(Ord. passed 7-15-2010)
(A) No permit or variance shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation.
(B) Floodproofing measures shall be designed to:
(1) Withstand flood pressures, depths, velocities, uplift and impact forces, and other regional flood factors;
(2) Protect structures to the flood protection elevation;
(3) Anchor structures to foundations to resist flotation and lateral movement; and
(4) Ensure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.
(C) Floodproofing measures could include:
(1) Reinforcing walls and floors to resist rupture or collapse caused by water pressure;
(2) Adding mass or weight to prevent flotation;
(3) Placing essential utilities above the flood protection elevation;
(4) Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures;
(5) Constructing water supply wells and waste treatment systems to prevent the entry of flood waters; or
(6) Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.
(Ord. passed 7-15-2010)
(A) Place marks on structures to show the depth of inundation during the regional flood.
(B) All maps, engineering data, and regulations shall be available and widely distributed.
(C) All real estate transfers should show what floodplain zoning district any real property is in.
(Ord. passed 7-15-2010)
Any violation of the provisions of this chapter by any person shall be unlawful and shall be referred to the Village Attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the village a penalty not more than $50, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stat. § 87.30.
(Ord. passed 7-15-2010)