The Zoning Board of Appeals, created under § 62.23(7)(e),
Wis. Stats., is hereby authorized to act, or shall be appointed to
act, for the purposes of this chapter. The Zoning Board of Appeals
shall exercise the powers conferred by the Wisconsin Statutes and
adopt rules for the conduct of business. The Zoning Administrator
may not be the secretary of the Zoning Board of Appeals:
A. Powers and duties.
(1) Appeals. The Zoning Board of Appeals shall 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. The Zoning Board of Appeals shall hear and decide
disputes concerning the district boundaries shown on the Official
Floodplain Zoning Map.
(3) Variances. The Zoning Board of Appeals shall hear and decide, upon
appeal, variances from the standards in this chapter.
B. Appeals to the Zoning Board of Appeals.
(1) Eligible parties. Appeals to the Zoning Board of Appeals may be taken
by any person aggrieved, or by any officer or department of the Village
of Sullivan 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 the 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 Department's Regional Office at least 10 days in advance of
the hearing.
(b)
Hearing. Any party may appear in person or by agent or attorney.
The Zoning Board of Appeals shall:
[1]
Resolve boundary disputes according to Subsection
C below.
[2]
Decide variance applications according to Subsection
D below.
[3]
Decide appeals of permit denials according to §
465-32.
(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 records 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) In all cases, the person contesting the boundary location shall be
given a reasonable opportunity to present arguments and technical
evidence to the Zoning Board of Appeals.
(3) If the boundary is incorrectly mapped, the Zoning Board of Appeals should inform the Plan Commission or the person contesting the boundary location to petition the governing body for a map amendment according to Article
IX, Amendments.
D. Variances.
(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's provisions 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 cases
this 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 §
465-3.
(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;
(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
IX, Amendments.
(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 Zoning Board of Appeals
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.
The Village of Sullivan may do the following:
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
the real property is in.