§ 44-1290. Findings.

No variance to the provisions of this chapter shall be granted by the board unless it finds that all the following facts and conditions exist and so indicates such in the minutes of its proceedings.

(1)

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated principal use, accessory use, or conditional use in that particular district.

(2)

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties of uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to suggest that this chapter should be changed.

(3)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(4)

Preservation of property rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(5)

Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(6)

Additional requirements in floodplain districts. Nonconforming uses and structures in the FWO Floodway Overlay District and FFO Floodplain Fringe Overlay District shall comply with the provisions of section 44-1232. No variance shall be granted in such floodplain districts where:

a.

Filling and development contrary to the purpose and intent of the FWO Floodway Overlay District would result.

b.

A change in the boundaries of the FWO Floodway Overlay District or the FFO Floodplain Fringe Overlay District would result.

c.

An increase in flood stage equal to or greater than 0.01 foot for the particular area would result.

d.

Any residential or commercial basement or crawlway located below the 100-year recurrence interval flood elevation would result.

e.

Any change or alteration of an historic structure, including its use, would result in the structure losing its designation as an historic structure.

f.

Any action contrary to the provisions of Wis. Admin. Code ch. NR 116, would result.

(Code 2004, § 17.1108; Ord. No. 2219, 9-16-2006)