Where the Zoning Administrator, Plan Commission or a board of
appeals of the Village has already been appointed to administer a
zoning ordinance adopted under § 59.69, 59.692 or 62.23(7),
Wis. Stats., those entities shall also administer this chapter.
The Elm Grove Board of Appeals, created under § 62.23(7)(e),
Wis. Stats., for villages, is hereby authorized or shall be appointed
to act for the purposes of this chapter. The 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 Board of Appeals.
A. Powers and duties. The Elm Grove 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 standards
of this chapter.
B. Appeals to the Board of Appeals.
(1) Appeals to the 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 Board, by filing with the official whose decision
is in question, and with the Board of Appeals, a notice of appeal
specifying the reasons for the appeal. The official whose decision
is in question shall transmit to the Board of Appeals all records
regarding the matter appealed.
(2) Notice and hearing for appeals including variances.
(a)
Notice. The 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 Board
of Appeals shall:
[1]
Resolve boundary disputes according to § 7.3(3);
[2]
Decide variance applications according to §
330-27D; and
[3]
Decide appeals of permit denials according to §
330-28.
(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 Chairman or Secretary
of the Board of Appeals;
(d)
State the specific facts which are the basis for the 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 Board of Appeals proceedings.
C. Boundary disputes. The following procedure shall be used by the 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;
(2) The person contesting the boundary location shall be given a reasonable
opportunity to present arguments and technical evidence to the Board
of Appeals; 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 Article
VIII, Amendments.
D. Variance.
(1) The 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 the chapter will cause unnecessary hardship;
(b)
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;
(c)
The variance is not contrary to the public interest; and
(d)
The variance is consistent with the purpose of this chapter in §
330-3.
(2) In addition to the criteria in Subsection
D(1) to qualify for a variance under FEMA regulations, the Board of Appeals must find that the following criteria have been met:
(a)
The variance shall not cause any increase in the regional flood
elevation;
(b)
The applicant has shown good and sufficient cause for issuance
of the variance;
(c)
Failure to grant the variance would result in exceptional hardship;
(d)
Granting the variance will not result in additional threats
to public safety, extraordinary expense, create a nuisance, cause
fraud on or victimization of the public, or conflict with existing
local laws or ordinances;
(e)
The variance granted is the minimum necessary, considering the
flood hazard, to afford relief.
(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 an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
(4) When a floodplain variance is granted, the 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.