Where a zoning administrator, planning agency
or a board of appeals has already been appointed to administer a zoning
ordinance adopted under § 59.69, 59.692 or 62.23(7), Wis.
Stats., these officials shall also administer this chapter.
The appropriate board created under § 62.23(7)(e),
Wis. Stats., is hereby authorized or shall be appointed to act as
the Zoning Board of Appeals 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 Board.
A. Powers and duties. The Zoning Board of Appeals shall:
(1) Appeals. 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. Hear and decide disputes concerning
the district boundaries shown on the Official Floodplain Zoning Map.
(3) Variances. Hear and decide, upon appeal, variances
from the dimensional standards of this chapter.
B. Appeals to the Board.
(1) Appeals to the Board may be taken by any person aggrieved
or by any officer, department, board or bureau 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, a notice of appeal specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all the papers constituting the record
concerning the matter appealed.
(2) Notice and hearing for appeals, including variances.
(a)
Notice. The Board 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 district office of the Department at least 10
days in advance of the hearing.
(b)
Hearing. Any party may appear in person or by
agent or attorney. The Board shall:
[1]
Resolve boundary disputes according to §
143-26C.
[2]
Decide variance applications according to §
143-26D.
[3]
Decide appeals of permit denials according to §
143-27.
(3) Decision. The final decision regarding the appeal
or variance application shall:
(a)
Be made within a reasonable time.
(b)
Be sent to the district office of the Department
within 10 days of the decision.
(c)
Be a written determination signed by the Chairman
or Secretary of the Board.
(d)
State the specific facts which are the basis
for the Board's 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 giant or deny the application
for a variance.
(f)
Include the reasons or justifications for granting
an appeal, with a description of the hardship or practical difficulty
demonstrated by the applicant, in the case of a variance, clearly
stated in the recorded minutes of the Board proceedings.
C. Boundary disputes. The following procedure shall be
used by the Zoning Board of Appeals in hearing disputes concerning
the district boundaries shown on the Official Floodplain Zoning Map:
(1) Where a Floodplain District boundary is established
by approximate or detailed floodplain studies, the regional flood
elevations or profiles for the point in question shall be the governing
factor in locating the district boundary. If no regional flood elevations
or profiles are available to the Board, other available evidence may
be examined.
(2) In all cases, the person contesting the location of
the district boundary shall be given a reasonable opportunity to present
arguments and technical evidence to the Zoning Board of Appeals.
(3) Where it is determined that the district boundary is incorrectly mapped, the Board should inform the Plan Commission or the person contesting the location of the boundary to petition the Village Board for a map amendment according to Article
VIII.
D. Variance.
(1) The Zoning Board of Appeals may, upon appeal, grant
a variance from the dimensional standards of this chapter where an
applicant convincingly demonstrates that:
(a)
Literal enforcement of the provisions of this
chapter will result in practical difficulty or unnecessary hardship
on the applicant.
(b)
The hardship is due to adoption of this chapter
and special conditions unique to the property, not common to a group
of adjacent lots or premises (in such case, this chapter or map must
be amended).
(c)
Such variance is not contrary to the public
interest.
(d)
Such variance is consistent with the purpose of this chapter in §
143-3.
(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 may 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 the ordinance.
(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 §
143-30.
(f)
Allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
(4) When a variance is granted in a floodplain area, the
Board shall notify the applicant in writing that increased flood insurance
premiums and risks to life and property may result. A copy of this
notification shall be maintained with the variance appeal record.