August Dane County Code of Ordinances

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2a-61 Zoning. I I.17 (3) Board of Adjustment. 2. Shall not permit any change in estab- lished flood elevations or profiles. (a) In addition to the provisions of Section - -, 10.26, the Board shall forward a copy of all 3. Shall not be granted for a use that is decisions made under this section (11.13- common to a group of adjacent lots or prem- 11.20) to the appropriate district office of ises. (In such a case, the zoning ordinance the Department of Natural Resources. would have to be amended through proper procedures). (b) Mapping disputes. The following __; rocedureshallbe used by the Board of Ad-procedure in disputes of a plain zoning 4. Shall not be granted unless it is shown justment P P g that the variance will not be contrary to the district boundary. public interest or damaging to the rights of IJ • Bother persons or property values in the area. 1. Flood district boundary is established. by experienced flood maps or engineering 5. Shall not be granted for actions which studies pursuant to Section 11.12 2 of this g -- P ( ) require an amendment to the flood plain ordinance, the flood elevations or "flood zoning ordinance. profiles" for the point in question shall be the governing factor in locating the district 6. Shall not have the effect of allowing or _ boundary. If no elevation or profiles are expanding a use or structure which is pro- available to the Board, any other available hibited in that zoning district by the flood evidence may be examined. plain zoning ordinance. 2. In all cases, the person contesting the 7. Shall not be granted solely on the basis location of the district boundary shall be of economic gain or loss. ; ', given a reasonable opportunity to present his case to the Board of Appeals/Adjust- 8. Shall not be granted for self-created ment and if he chooses,;submit his own tech- hardship. I • . nical evidence. Where it is determined that _ the district boundary as mapped is incorrect, (d) If a variance is granted, the property the Board should inform the Committee to owner shall be notified by the Board of Ad- ' proceed to petition the County Board for a justment that increased flood insurance pre- map amendment or inform the person con- miums may result. testing the location of the boundary to peti- tion the County Board for a map amend- (4) Procedures for Determining Floodway ment, pursuant to Section 11.18(2) of this or- and Flood Fringe Limits. — dinance. (c) Variance. Any deviation from the area) Applicability.iliity. When any developments I standards of this ordinance, for which a per- district,P within a general flood plain _ trict, a determination shall/be made toes- mit has been denied by the Zoning Adminis-. tablish the boundaries of the floodway and trator, may be allowed only upon written re- determine whether floodway or flood fringe ,_J quest for a variance submitted to the Zoning uses apply, and, where applicable, to deter- Administrator, public hearing, and issuance mine the regional flood elevation. • of a variance form by the Board of Adjust- 111 ment. The board may authorize in specific (b) Upon receiving an application for cases such variance from the terms of the or- development, the Zoning Administrator dinance as will not be contrary to the public shall: I interest where, owing to special conditions, a __ literal enforcement of the provisions of this 1. Require the applicant to submit, at the ordinance would result in unnecessary hard- time of application, two copies of an aerial I ship. A variance: photograph,-or a plan which accurately lo- . cater the flood plain proposal with respect to 1. Shall be consistent with the spirit and the flood plain district limits, channel of , intent of this flood plain zoning ordinance. Supp.No.4.4-84 I