12.56.130 Standards and guidelines (6/12/12).
(a) In determining whether a variance is to be granted, the following standards and guidelines must be met in view of the evidence presented and in making its decision, these standards and guidelines shall be addressed by the Board of Adjustment:
1. The existence of special conditions or exceptional circumstances on the land in questions.
2. The experiencing of unnecessary hardships or practical difficulties on the land in question either presently or in the future.
3. That these hardships or difficulties are the result of the aforementioned special conditions existing on the land and are not self-inflicted.
4. That the existence of these special conditions will restrict the use of the land if the Ordinance is applied literally so as to render the land useless.
5. That the limitation on the use of the land does not apply generally to other properties in the district.
6. That limiting the use of the property does not afford compensating gains to the public health, safety and welfare.
7. That the variance(s) requested are the minimum variance(s) needed to alleviate difficulties or hardships.
8. That the use of the parcel in question presently does conform to the ordinance.
9. That granting the variance applied for will not affect the public health, safety, morals and welfare of the community and other properties in the area.
10. That with respect to those areas located within the floodland districts, a variance would not permit a change in the boundaries of the FPO Floodplain Overlay District; would not permit a lower degree of flood protection in the floodland districts than the flood protection elevation; would not allow any residential, commercial, institutional, or park basement or crawlway to be located below the 100-year recurrence interval flood elevation; would not allow a change or alteration of an historic structure, including its use, which would result in the structure losing its designation as an historic structure; further, that the variance for the proposed action would not require an amendment to the floodplain zoning ordinance; and furthermore, that the variance would not have the effect of granting or increasing a use of property which is prohibited in the floodland districts or any action contrary to the provisions of Chapter NR 116 of the Wisconsin Administrative Code. (3/1/94)
11. In addition to the criteria in subd. (10) above 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 the ordinance.
(b) Variances may be granted for example for reasons of topography, environmental protection or where permitted by state statute but in no event may a variance be granted where the primary reason for obtaining a variance is to obtain a more profitable use of the property, personal inconvenience, construction errors, economic reasons, self-created hardships, or where the property is presently a nonconforming use. Furthermore, variances may not be granted for the purpose of altering the sanitary requirements of this ordinance except for existing structures.
(c) The Board of Adjustments in considering the propriety of granting a variance shall not consider the number of persons for or against the granting of a variance but shall base their decision solely upon the equities of the situation involved.
(d) Variances may be granted in the form of an area or distance variance, however, use variances shall be specifically prohibited under this Ordinance.
(e) 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 could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
A variance within any floodland district shall not:
1. Damage the rights or property values of other persons in the area;
2. Allow actions without the amendments to this ordinance or map(s) required in 12.60.040 Amendments; and
3. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. [Code § 12.36-13.]