(a)

The Zoning Board of Appeals, created under Wis. Stats. § 62.23(7)(e), for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this article. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Building Division Director shall not be the Secretary of the Board.

(1)

Powers and duties. The Board of Appeals shall:

a.

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;

b.

Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and

c.

Variances. Hear and decide, upon appeal, variances from the ordinance standards.

(2)

Appeals to the board.

a.

Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Building Division Director 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 records regarding the matter appealed.

b.

Notice and hearing for appeals including variances.

1.

Notice. The Board shall:

(i)

Fix a reasonable time for the hearing;

(ii)

Publish Class 2 notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and

(iii)

Ensure that notice shall be mailed to the parties in interest and the Department Regional Office at least ten days in advance of the hearing.

2.

Hearing. Any party may appear in person or by agent. The Board shall:

(i)

Resolve boundary disputes according to Section 42-486(c);

(ii)

Decide variance applications according to Section 42-486(d); and

(iii)

Decide appeals of permit denials according to Section 42-486(e).

c.

Decision. The final decision regarding the appeal or variance application shall:

1.

Be made within a reasonable time;

2.

Be sent to the Department Regional Office within ten days of the decision;

3.

Be a written determination signed by the Chairman or Secretary of the Board;

4.

State the specific facts which are the basis for the Board's decision;

5.

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

6.

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's proceedings.

(b)

Boundary disputes. 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 Section 47-486.

(c)

Variance.

(1)

The Board may, upon appeal, grant a variance from the standards of this article if an applicant convincingly demonstrates that:

a.

Literal enforcement of this article 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 Section 42-477.

(2)

In addition to the criteria in Subsection (c)(1) of this section, 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 one-half 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 article.

(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 article or map required in Section 42-486; 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 shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums. A copy shall be maintained with the variance record.

(d)

To review appeals of permit denials.

(1)

The Zoning Agency (Section 42-485) or Board shall review all data related to the appeal. This may include:

a.

Permit application data listed in Section 42-484(b);

b.

Floodway/floodfringe determination data in Section 42-482(d);

c.

Data listed in Section 42-480(c)(1)b where the applicant has not submitted this information to the Building Division Director; and

d.

Other data submitted with the application, or submitted to the Board with the appeal.

(2)

For appeals of all denied permits the Board shall:

a.

Follow the procedures of Section 42-486;

b.

Consider Zoning Agency recommendations; and

c.

Either uphold the denial or grant the appeal.

(3)

For appeals of all denied permits 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 Section 42-487; and

b.

Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.

(e)

Floodproofing standards for nonconforming structures or uses.

(1)

No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate.

(2)

For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

a.

Certified by a registered professional engineer or architect; or

b.

Meets or exceeds the following standards:

1.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one foot above grade; and

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(3)

Floodproofing measures shall be designed, as appropriate, to:

a.

Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

b.

Protect structures to the flood protection elevation;

c.

Anchor structures to foundations to resist flotation and lateral movement;

d.

Minimize or eliminate infiltration of floodwaters; and

e.

Minimize or eliminate discharges into floodwaters.

(f)

Public information.

(1)

Place marks on structures to show the depth of inundation during the regional flood.

(2)

All maps, engineering data and regulations shall be available and widely distributed.

(3)

Real estate transfers should show what Floodplain District any real property is in.

(Code 1976, § 18.60.100)