The Board of Adjustment, 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 for the purposes of this ordinance. The Board shall exercise the
powers conferred by Wisconsin Statutes and adopt rules for the conduct
of business. The Zoning Director shall not be the secretary of the
Board.
(1) Powers and Duties. The Board of Adjustment shall:
(a)
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 ordinance.
(b)
Boundary Disputes. Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map; and
(c)
Variances. Hear and decide, upon appeal, variances from the
ordinance standards.
(2) Appeals to the Board.
(a)
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 Director 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.
(b)
Notice and Hearing for Appeals Including Variances.
1.
Notice. The board shall:
a.
Fix a reasonable time for the hearing;
b.
Publish adequate notice pursuant to Wisconsin Statutes, specifying
the date, time, place and subject of the hearing;
c.
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.
2.
Hearing. Any party may appear in person or by agent. The board
shall:
a.
Resolve boundary disputes according to § 7.3(3).
b.
Decide variance applications according to § 7.3(4).
c.
Decide appeals of permit denials according to § 7.4.
(c)
Decision. The final decision regarding the appeal or variance
application shall:
1.
Be made within a reasonable time;
2.
Be sent to the Department regional office within 10 days of
the decision;
3.
Be a written determination signed by the chairman or secretary
of the Board;
4.
State the specific facts which are the basis for the Board's
decision;
5.
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
6.
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.
(3) Boundary Disputes. The following procedure shall be used by the Board
in hearing disputes concerning floodplain district boundaries:
(a)
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.
(b)
The person contesting the boundary location shall be given a
reasonable opportunity to present arguments and technical evidence
to the Board; and
(c)
If the boundary is incorrectly mapped, the Board should inform the Oneida County Planning and Zoning Committee or the person contesting the boundary location to petition the Oneida County Board of Supervisors for a map amendment according to Article
VIII, Amendments.
(4) Variance.
(a)
The Board may, upon appeal, grant a variance from the standards
of this ordinance if an applicant convincingly demonstrates that:
1.
Literal enforcement of the ordinance provisions will cause unnecessary
hardship;
2.
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;
3.
The variance is not contrary to the public interest; and
4.
The variance is consistent with the purpose of this ordinance
in § 1.3.
(b)
In addition to the criteria in Subdivision (a), to qualify for
a variance under FEMA regulations, the following criteria must be
met:
1.
The variance shall not cause any increase in the regional flood
elevation;
2.
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
3.
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.
(c)
A variance shall not:
1.
Grant, extend or increase any use prohibited in the zoning district.
2.
Be granted for a hardship based solely on an economic gain or
loss.
3.
Be granted for a hardship which is self-created.
4.
Damage the rights or property values of other persons in the
area.
5.
Allow actions without the amendments to this ordinance or map(s) required in Article
VIII, Amendments; and
6.
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
(d)
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.