This article provides for the appointment of appropriate boards and
staff and the development of necessary policies and procedures to administer
this chapter. 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 appropriate board created under § 59.694, Wis. Stats.,
for counties or § 62.23(7)(e), Wis. Stats., for cities or villages
is hereby authorized or shall be appointed to act as the Zoning Board of Appeals
for the purposes of this chapter. The Zoning Board of Appeals shall exercise
the powers conferred by Wisconsin Statutes and adopt rules for the conduct
of business. The Director of Public Works may not be the Secretary of the
Board.
A. Powers and duties. The Zoning Board of Appeals shall:
(1) Appeals. 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 or administration of this chapter.
(2) Boundary disputes. Hear and decide disputes concerning
the district boundaries shown on the Official Floodplain Zoning Map.
(3) Variances. Hear and decide, upon appeal, variances from
the dimensional standards of this chapter.
B. Appeals to the Board.
(1) Appeals to the Board may be taken by any person aggrieved
or by any officer, department, board or bureau of the municipality affected
by any decision of the Director of Public Works or other administrative officer.
Such appeal shall be taken within 30 days, as 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 the papers constituting
the record concerning 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 Class 1 or 2 notice pursuant to Wisconsin
Statutes specifying the date, time, place and subject of the hearing.
[3] Assure that notice shall be mailed to the parties in
interest and the district office of the Department at least 10 days in advance
of the hearing.
(b) Hearing. Any party may appear in person or by agent or
attorney. The Board shall:
[1] Resolve boundary disputes according to Subsection
C.
[2] Decide variance applications according to Subsection
D.
[3] Decide appeals of permit denials according to §
350-37.
(3) Decision: The final decision regarding the appeal or
variance application shall:
(a) Be made within a reasonable time.
(b) Be sent to the district office of the Department 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 application for a variance.
(f) Include the reasons or justifications for granting an
appeal, with a description of the hardship or practical difficulty 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 Zoning Board of Appeals in hearing disputes concerning the district
boundaries shown on the Official Floodplain Zoning Map:
(1) Where a floodplain district boundary is established by
approximate or detailed floodplain studies, the regional flood elevations
or profiles for the point in question shall be the governing factor in locating
the district boundary. If no regional flood elevations or profiles are available
to the Board, other available evidence may be examined.
(2) In all cases, the person contesting the location of the
district boundary shall be given a reasonable opportunity to present arguments
and technical evidence to the Zoning Board of Appeals.
(3) Where it is determined that the district boundary is incorrectly mapped, the Board should inform the Mayor's Planning and Advisory Committee or the person contesting the location of the boundary to petition the governing body for a map amendment according to Article
VIII.
D. Variances.
(1) The Zoning Board of Appeals may, upon appeal, grant a
variance from the dimensional standards of this chapter where an applicant
convincingly demonstrates that:
(a) Literal enforcement of the provisions of this chapter
will result in practical difficulty or unnecessary hardship on the applicant.
(b) The hardship is due to adoption of this chapter and special
conditions unique to the property not common to a group of adjacent lots or
premises (in such case the chapter or map must be amended).
(c) Such variance is not contrary to the public interest.
(d) Such variance is consistent with the purpose of this chapter stated in §
350-3.
(2) A variance shall not:
(a) Grant, extend or increase any use of property 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) Permit a lower degree of flood protection in the floodplain
than the flood protection elevation.
(f) Allow any floor, basement or crawlway below the regional
flood elevation for residential or commercial structures.
(g) Allow actions without the amendments to this chapter or map required in §
350-40.
(3) When a variance is granted in a floodplain area the Board
shall notify the applicant in writing that increased flood insurance premiums
and risks to life and property may result. A copy of this notification shall
be maintained with the variance appeal record.