12.56.060 Appeals and applications for variances (6/12/12).
(a) Appeals to the Board of Adjustments may be taken by any persons aggrieved or by any officer, department, committee or bureau of the County or municipality affected by a decision of the Department of Planning and Development. Such appeal shall be filed in triplicate in the Department of Planning and Development within thirty (30) days after the date of written notice of the decision or order. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed in the Department of Planning and Development. Such appeals shall be commenced by filing with the Department of Planning and Development and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Department of Planning and Development shall forthwith transfer to the Board all the papers constituting the record upon which the action appealed from was taken. In addition, such appeals and application shall include the following as deemed appropriate by the Board of Adjustment:
1. Name, addresses and phone numbers of the applicant, owner of the site, architect, professional engineer, contractor, and authorized agent if applicable.
2. A description of the subject site by lot, block and recorded subdivisions or by metes and bounds; address of the subject site, tax parcel number, type of structure; existing or proposed use of the structure or site; the zoning district within which the subject site is located; classification of the subject site either being conforming or nonconforming in its use; and whether or not the property is located within a shoreland or floodplain area.
3. A plat of survey prepared by a land surveyor registered by the State of Wisconsin showing all of the information required under section 12.05.010(h)3 for a zoning permit. In addition, the Department of Planning and Development may require that the plat of survey show the location, elevation and use of any abutting lands and the location and foundation elevations of structures within 50 feet of the subject site; soil mapping unit lines; ordinary high water mark, historic high water marks and floodlands on or within 50 feet of the subject premises, and existing and proposed landscaping. (8/6/02)
4. For variances located within floodplain areas, the application shall include but not be limited to, a map plan which accurately locates or describes the proposal for a variance with respect to the floodway and floodplain, and shall provide all pertinent information such as fill dimensions and elevations, building floor elevations and floodproofing data. For all subdivision proposals and all other proposals, if the area affected exceeds 5 acres or the estimated cost of the proposal exceeds $125,000, the applicant shall provide all computations which are required to show the effect of the proposal for a variance on flood heights, velocities and floodplain storage, which information may be transmitted to the Department of Natural Resources for review. In addition to the foregoing requirements required by Section NR116.20(2) of the Wisconsin Administrative Code, the applicant shall be further required to submit any information hereinafter required by Chapter NR116 of the Wisconsin Administrative Code and amendments thereto. In addition, the Department of Planning and Development may require additional information such as but not limited to that data set forth in section 12.40.040(a)4 of this ordinance. (2/6/90)
5. Additional information relative to those standards and guidelines which must be met prior to the issuance of the variance as set forth in section 12.56.130 of this ordinance.
6. The fee specified in section 12.05.080 of this ordinance.
(b) Any application for a variance under this ordinance shall be accompanied by a sworn statement by the owner of the subject property or the applicant for a variance for said property that said property and its use will be operated in accordance with the provisions of this ordinance.
(c) For appeals concerning increases in regional flood elevation the Board shall:
1. 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 12.60.040 Amendments; and
2. 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. [Code § 12.36-6.]