Where the County Land Use Planning and Zoning Department, County
Land Use Planning and Zoning Committee or a County Board of Adjustment
has already been appointed to administer a zoning ordinance adopted
under §§ 59.69, 59.692, Wis. Stats., these officials
shall also administer this chapter.
The County Board of Adjustment, created under § 59.694,
Wis. Stats., is hereby authorized or shall be appointed to act for
the purposes of this chapter. The County Board of Adjustment shall
exercise the powers conferred by the Wisconsin Statutes and adopt
rules for the conduct of business. The department head for the County
Land Use Planning and Zoning Department may not be the Secretary of
the County Board of Adjustment.
A. Powers and duties. The County Board of Adjustment shall:
(1) Hear and decide appeals where it is alleged there is an error in
any order, requirement, decision or determination made by the County
Land Use Planning and Zoning Department in the enforcement or administration
of this chapter.
(2) Hear and decide disputes concerning the district boundaries shown
on the Official Floodplain Zoning Map.
(3) Hear and decide, upon appeal, variances from the standards of this
chapter.
B. Appeals to the County Board of Adjustment.
(1) Appeals to the County Board of Adjustment may be taken by any person
aggrieved or by any officer or department of Green Lake County affected
by any decision of the County Land Use Planning and Zoning Department.
Such appeal shall be taken within 30 days, unless otherwise provided
by the rules of the County Board of Adjustment, by filing with the
official whose decision is in question and with the County Board of
Adjustment a notice of appeal specifying the reasons for the appeal.
The official whose decision is in question shall transmit to the County
Board of Adjustment all records regarding the matter appealed.
(2) Notice and hearing for appeals, including variances.
(a)
Notice. The County Board of Adjustment 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 Wisconsin Department of Natural Resources regional office
at least 10 days in advance of the hearing.
(b)
Hearing. Any party may appear in person or by agent. The County
Board of Adjustment 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 §
300-41.
(3) Decision. The final decision regarding the appeal or variance application
shall:
(a)
Be made within a reasonable time.
(b)
Be sent to the Wisconsin Department of Natural Resources regional
office within 10 days of the decision.
(c)
Be a written determination signed by the Chair or Secretary
of the County Board of Adjustment.
(d)
State the specific facts that are the basis for the County Board
of Adjustment'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 grant or deny the variance application.
(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 County Board of Adjustment proceedings.
C. Boundary disputes. The following procedure shall be used by the County
Board of Adjustment 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 County Board of Adjustment.
(3) If the boundary is incorrectly mapped, the County Board of Adjustment should inform the County Land Use Planning and Zoning Committee or the person contesting the boundary location to petition the County Board for a map amendment according to Article
IX, Amendments.
D. Variances.
(1) The County Board of Adjustment may, upon appeal, grant a variance
from the standards of this chapter if an applicant convincingly demonstrates
that:
(a)
Literal enforcement of the provisions of this chapter 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 case,
this chapter or the 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 §
300-3.
(2) In addition to the criteria in Subsection
D(1) above, to qualify for a variance under Federal Emergency Management Agency 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 land areas that are less than
1/2 acre and are contiguous to existing structures constructed below
the regional flood elevation.
(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 §
300-44.
(f)
Allow any alteration of an historic structure, including its
use that would preclude its continued designation as an historic structure.
(4) When a floodplain variance is granted, the County Board of Adjustment
shall notify the applicant in writing that it may increase risks to
life and property and flood insurance premiums up to $25 per $100
of coverage. A copy shall be maintained with the variance record.