Where a zoning administrator, planning agency or a zoning board
of appeals has already been appointed to administer a zoning ordinance
adopted under § 62.23(7), Wis. Stats., these officials shall
also administer this chapter.
The Zoning Board of Appeals created under § 62.23(7)(e),
Wis. Stats., is hereby authorized or shall be appointed to act 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 Zoning Administrator shall not be the Secretary
of the Zoning Board of Appeals.
A. Powers and duties. The Zoning Board of 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 Zoning Board of Appeals.
(1) Appeals to the Zoning Board of Appeals 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 Zoning Board of Appeals, by filing with
the official whose decision is in question, and with the Zoning Board
of Appeals, a notice of appeal specifying the reasons for the appeal.
The official whose decision is in question shall transmit to the Zoning
Board of Appeals all records regarding the matter appealed.
(2) Notice and hearing for appeals including variances.
(a)
Notice. The Zoning Board of Appeals 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 Zoning
Board of Appeals 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 §
415-29.
(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 Chairperson or Secretary
of the Zoning Board of Appeals;
(d)
State the specific facts which are the basis for the Zoning
Board of Appeals' 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 Zoning Board of Appeals proceedings.
C. Boundary disputes. The following procedure shall be used by the Zoning
Board of Appeals 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 Zoning
Board of Appeals; and
(3) If the boundary is incorrectly mapped, the Zoning Board of Appeals should inform the Planning Commission 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 Zoning Board of Appeals may, upon appeal, grant a variance from
the standards of this chapter if an applicant convincingly demonstrates
that:
(a)
Literal enforcement of this chapter will cause unnecessary hardship;
(b)
The hardship is due to adoption of this chapter 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 §
415-3.
(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 this 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.