There is hereby established a Board of Adjustment for Adams
County. The Board shall hear appeals to the Code. The appeal may be
in the form of a request for a variance, a special exception or an
appeal of a decision by the Zoning Administrator.
A.
The Board of Adjustment shall consist of five members appointed by
the Chairperson of the County Board and approved by the County Board
of Supervisors. Terms shall be staggered three-year periods. Eligibility
of members of the Adams Board shall be that they shall reside within
the County and outside the limits of incorporated areas; providing,
however, that no two members shall reside in the same Town. The Board
shall choose its own Chairperson. Vacancies shall be filled for unexpired
terms in the same manner as appointments for full terms.
B.
The Board of Adjustment shall have two alternate members appointed
by the Chairperson of the County Board and approved by the County
Board of Supervisors. The alternate members shall be appointed for
three-year staggered terms and be annually designated, by the Chairperson
of the County Board, as first alternate and second alternate. The
first alternate shall act, with full power, only when a member of
the Board of Adjustment refuses to vote because of a conflict of interest
or when a member is absent. The second alternate shall act only when
the first alternate refuses to vote because of a conflict of interest
or is absent, or if more than one member of the Board of Adjustment
refuses to vote because of a conflict of interest or is absent. Eligibility
of alternate members of the Board shall be the same as for regular
members. Vacancies shall be filled for unexpired terms in the same
manner as appointments for full terms.
A.
The Board of Adjustment shall organize and adopt rules of procedure
for its own government in accordance with the provisions of this chapter
and consistent with the Wisconsin Statutes.
B.
Meetings shall be held at the call of the Chairperson and shall be
open to the public.
C.
Minutes of the proceedings and a record of all actions shall be kept
by the Planning and Zoning Administrator showing the vote of each
member upon each question, the reasons for the Board's determination,
and its findings of fact. These records shall be filed in the office
of the Planning and Zoning Administrator and shall be a public record.
D.
A concurring vote of a majority of the members of the Board shall
be necessary to reverse the order, requirements, decision, or determination
appealed from, to decide in favor of the applicant on any matter on
which it is required to pass, or to effect a variance.
A.
The Board of Adjustment shall have the following powers:
(1)
Appeals. To hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made by
the Planning and Zoning Administrator.
(2)
Variances. To hear and grant appeals for variances as will not be
contrary to the public interest where, owing to the special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship, so that the spirit and purposes of this chapter shall be
observed and the public safety, welfare, and justice secured. Use
variances shall not be granted.
(3)
Interpretations. To hear and decide applications for interpretations
of the zoning regulations, boundaries of the zoning districts, and
boundaries of the floodplain districts.
(4)
Special exceptions. To hear and grant appeals for special exceptions
as will not be contrary to the public interest and the spirit and
purposes of this chapter shall be observed and the public safety,
welfare, and justice secured.
(5)
Assistance. This Board may request assistance from other County officers,
departments, commissions, and boards.
(6)
Oaths. The Chairperson or, in his absence, the Acting Chairperson
may administer oaths and compel the attendance of witnesses.
A.
Appeals. Appeals to the Board of Adjustment, as authorized by § 59.694(4),
Wis. Stats., may be taken by a person aggrieved by an officer, department,
board or bureau of the County affected by any decision of the Zoning
Administrator. Such appeal shall be taken within a reasonable time,
as provided by the rules of the Board, by filing with the officer
from whom the appeal is taken and with the Board of Adjustment a notice
of appeal specifying the ground thereof. The Zoning Administrator
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
Hearing Appeals. As authorized under § 59.694(6), Wis.
Stats., the Board shall fix a reasonable time for hearing of the appeal
and publish a Class 2 notice thereof under Chapter 985, Wis. Stats.,
as well as give due notice to the parties in interest, and decide
the same within a reasonable time. A party may appear in person or
by agent or attorney.
C.
The final disposition of an appeal or application to the Board of
Adjustment shall be in the form of a written resolution or order signed
by the Chairman and Secretary of the Board. Such a resolution shall
state the specific facts, which are the basis for the Board's
determination and shall either affirm, reverse, vary or modify the
order, requirements, decision or determination appealed, in whole
or in part, dismiss the appeal for lack of jurisdiction or prosecution
or grant the application.
D.
Appeals of Chapter 370: floodplain permit denials.
(1)
The Board of Adjustment shall review all data related to the appeal.
This may include:
(a)
Permit application data listed in § 370-26B;
(c)
Data listed in § 370-13A(2) where the applicant has not submitted this information to the Planning and Zoning Administrator; and
(d)
Other data submitted with the application, or submitted to the
Board with the appeal.
(3)
For appeals concerning increases in regional flood elevation, the
Board shall:
(a)
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Article VIII, Amendments, of Chapter 370, Floodplain Zoning; and
(b)
Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase, provided
that no other reasons for denial exist.
A.
The Board of Adjustment has the power to grant variances to the terms
of a Zoning Chapter. When special conditions unique to a property
will not allow a property owner to meet the dimensional standards
of the chapter, an owner may request a variance. The owner must show
unnecessary hardship caused by the chapter, to be granted a variance.
Variances shall uphold the spirit and purpose of the chapter and preserve
public health, safety and general welfare. In addition, the Board
shall provide substantial justice in reaching a decision. The following
principles shall guide the Board in considering applications:
(1)
The burden is upon the applicant to prove the need for a variance.
(2)
Pecuniary hardship, loss of profit and self-imposed hardships are
not reasons for granting a variance.
(3)
The Board is bound to accept the Zoning chapter and map as correct.
(4)
The hardship must apply to the applicant's parcel or structure
and be unique as compared to other properties in the same district.
(5)
The variance must not be detrimental to adjacent properties.
(6)
When a floodplain variance is granted, the Board shall notify the
applicant in writing that it may affect flood insurance premiums and
risks to life and property. A copy shall be maintained with the variance
record.
(7)
The Board, in fulfilling its duties, may modify, alter or change
any application.
B.
No variance to the provisions of this chapter shall be granted by
the Board unless this Board finds, beyond a reasonable doubt, that
all the following facts and conditions exist and so indicates in the
minutes of its proceedings:
(1)
Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to the lot, use, structure,
or intended use that do not apply generally to other properties or
uses in the same district and the granting of the variance would not
be of so general or recurrent a nature as to suggest that this chapter
should be changed.
(2)
Preservation of property rights. The variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other properties in the same zoning district and same vicinity.
(3)
Absence of detriment. The variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose or spirit of this chapter or the public interest.
(4)
Preservation of intent. No variance shall be granted that is inconsistent
with the purpose and intent of the regulations for the district in
which the use is located. No variance shall be granted if issuance
would have an adverse effect on the Farmland Preservation Plan, Adams
County, Wisconsin.
(5)
Economic hardship and self-imposed hardship not grounds for variance.
No variance shall be granted solely on the basis of economic gain
or loss. Self-imposed hardships shall not be considered as grounds
for the granting of a variance.
(6)
In addition to the criteria in § 391-16A, to qualify for a variance of a provision contained within Chapter 370, 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.
(d)
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 chapter or map(s) required in Chapter 370 of the Adams County Code of Ordinances, Article VIII, Amendments; and
[6]
Allow any alteration of a historic structure, including its
use, which would preclude its continued designation as a historic
structure.
(e)
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.
A.
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)
The person contesting the boundary location shall be given a reasonable
opportunity to present arguments and technical evidence to the Board;
and
(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 this
chapter.
