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SECTION 10.33; 10.34; 10.35 (3) Fills or Deposition of Materials may be permitted only upon a finding by the Board of Adjustment that: (a) Any fill or deposition of materials will comply with the Special Provisions, Section 10.33 (a) of this Section and (b) The fill or deposition of materials will have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put. (c) The fill or deposition of materials does not encroach on the channel area between the ordinary high water marks on each bank of the stream unless a permit has been granted by the Division of Environ- mental Protection pursuant to `Section 30.12, Wisconsin Statutes and the other requirements of this section are met. (d) The fill or other materials will be protected against erosion by riprap, vegetative cover or bulk- heading. • (4) The storage or processing of materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, shall be at or above the flood protection elevation for the particular area or flood proofed in compliance with Conditions Attached to Special Exception Permits, Section 10.35 (c) of this Section. Solid waste.disposal facilities, such as junkyards or areas for the dumping of refuse shall also require a permit from the Division of Environmental Protection pur- suant to Section 144.46, Wisconsin Statutes. (5) Uses similar in nature to permitted uses, provided that they are consistent with the provisions of this section. 10.34 ADMINISTRATION The provisions of this Section shall be subject to 10.25 and 10.26 of the Zoning Ordinance. 10.35 BOARD OF ADJUSTMENT (a) Appeals (1) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal; give public notice specifying the date, time and place of hearing and the matters to come before the Board; as well as mailed notices to the parties in.interest including the main and appropriate regional office of the Di- vision of Environmental Protection. (2) The decision of the Board of Adjustment shall state the specific facts which are the basis for the Board's determination and shall 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 prosecu- tion or grant the application. (3) A copy of any decision granting a variance shall be mailed to the main office of the Division of Environmental Protection. (b) Variances: The Board of Adjustment may grant a variance upon appeal in specific cases where the literal enforcement of these provisions will result in unnecessary hardship provided that the public interest is secured. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit standards lower than those required by the Wisconsin laws. (c) Special Exception Permits (1) Application. Any use listed in this Section as requiring a special exception permit may be allowed only upon applica- tion to the Zoning Supervisor and issuance of a special exception permit by the Board of Adjustment. (2) Procedure to be followed in the Flood Plain District by Board of Adjustment in Passing on Special Exception Permits. Upon receiving an application for a special exception permit involving the use of fill, construction of structures, or storage of materials, the Board of Adjustment shall, prior to rendering a decision thereon: (a) Require the applicant to submit, at the time of application, two copies of an aerial photograph or a plan certified by a competent technician, which accurately locates the flood plain proposal with respect to the flood plain district limits, channel of stream, existing flood plain developments, to- gether with all pertinent information such as the nature of the proposal; legal description of the property, fill limits and elevations; building floor elevations; and flood proofing measures. (b) Transmit one copy of the information described in 10.35 (c) (1) a. to the Division of Environ- mental Protection with a request to have that agency provide expert technical assistance in evalu- ating the effects of the proposed project upon flood heights, velocities, and flood plain storage areas and the determination of flood protection levels. - 31 -