Board of Zoning Appeals.
Milwaukee Code of Ordinances § 295-1149
in effect295-1149. Board of Zoning Appeals.
1. AUTHORITY. The board of zoning appeals shall have the powers granted by state statutes, constitute a separate, independent budget control unit in city government, and may employ a secretary and other employees. The board of zoning appeals is authorized to:
a. Interpret this subchapter.
b. Approve, conditionally approve or deny floodplain variances.
c. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.
d. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this subchapter.
e. Hear and decide appeals of administrative decisions of the commissioner of city development or commissioner of neighborhood services that may arise under this subchapter or state statutes.
f. Hear and decide appeals of revocations of permits, certificates of occupancy or approvals for violations of this subchapter made pursuant to s. 200-31.
2. FLOODPLAIN VARIANCES. a. Application. Every application for a floodplain variance shall be made upon a form which has been furnished by the board secretary and approved by the board. The applicant shall provide all information requested on the form and any additional information requested by the board chair or secretary that is necessary to inform the board of the facts of the floodplain variance request.
b. Public Hearing. Prior to making a determination with respect to a floodplain variance request, the board shall hold a public hearing and provide, by mail, written notice of the hearing to the petitioner, at the address provided on the floodplain variance application, and to owners of property immediately surrounding and within at least 150 feet thereof, inclusive of streets and alleys, as listed in the office of the city assessor. Such notice shall state that the board will be considering and conducting a public hearing on a request for a floodplain variance, and shall otherwise be in accordance with s. 19.84, Wis. Stats.
c. Consideration Of Input From Parties Of Interest. No variance hearing shall be held and no floodplain variance shall be granted unless the board or its staff has received a report of any comments, concerns or recommendations relating to the proposed variance from the department of public works, the department of city development, the department of neighborhood services and the common council member in whose district the premises to which the floodplain variance would apply is located. The board may proceed with its hearing and decision on the floodplain variance request regardless of whether any of these parties have submitted a report to the board, provided that 30 days have elapsed since the date on which the board's office notified each of these parties that a completed floodplain variance application had been received.
d. Findings. No floodplain variance for development or use of property in a floodplain overlay zone shall be granted unless the board of zoning appeals, after due notice to the parties of interest, finds that the following facts and conditions exist, and so indicated in the minutes of its proceedings or its decision:
d-1. The floodplain variance will not cause any increase in the regional flood elevation.
d-2. The applicant has demonstrated good and sufficient cause for granting the floodplain variance.
d-3. The floodplain variance is the minimum relief necessary to allow the proposed development or use.
d-4. The floodplain variance will not result in additional threats to public safety or extraordinary expense, create a nuisance, cause fraud on or victimize the public, or conflict with existing local laws or ordinances.
d-5. The floodplain variance shall not allow actions without the amendments to this subchapter or map or maps required in s. 295-1143
d-6. The floodplain variance shall not allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
d-7. There is an exceptional hardship that is not self-created and not based solely on economic gain or loss.
d-8. Literal enforcement of the ordinance will cause unnecessary hardship as defined in s. 295-1107-147.5.
d-9. Exceptional, extraordinary or unusual circumstances or conditions apply to the lot or intended use that do not apply generally to other properties or uses in the same district, and the variance is not of so general or recurrent nature to suggest amendment of the regulation.
d-10. The floodplain variance is not contrary to the public interest.
d-11. The floodplain variance will not be inconsistent with the spirit, purpose and intent of the regulations for this subchapter in the district in which it is requested.
d-12. The floodplain variance will not grant, extend or increase any use prohibited in the zoning district.
d-13. That the floodplain variance shall not damage the rights or property values of other persons in the area.
e. Notice of Risk. Whenever the board grants a floodplain variance for development or use of property in a floodplain overlay zone, the board shall notify the applicant in writing that the floodplain variance may increase risks to life and property and that flood insurance premiums may increase up to $25 per $100 of coverage. A copy of this notice shall be maintained with the floodplain variance record.
3. ADDITIONAL PROCEDURES RELATING TO FLOODPLAIN OVERLAY ZONES. a. Certified Floodproofing Measures. No permit or floodplain variance for development in a floodplain overlay zone shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the proposed floodproofing measures will protect the structure or development to the flood protection elevation.
b. Hearing Notifications. Notice of a hearing relating to a request for a floodplain variance or a special use permit in a floodplain overlay zone in accordance with s. 19.84, Wis. Stats., shall be mailed to the parties of interest and to the regional office of the Wisconsin department of natural resources at least 10 days in advance of the hearing. The notice shall specify the date, time, place and subject of the hearing.
c. Board Decisions. Every decision rendered by the board shall:
c-1. Be transmitted to the regional office of the Wisconsin department of natural resources within 10 days of the effective date of the decision.
c-2. State the specific facts which are the basis for the board’s decision.
c-3 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 grant or deny the floodplain variance application.
c-4 Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a floodplain variance, clearly stated in the recorded minutes of the board proceedings.
d. Conditions of Approval. The board may attach such conditions as deemed necessary to further the intent and purposes of such districts. The conditions may include specifications for: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the board may require the applicant to furnish other pertinent information which is necessary to determine if the proposed use is consistent with the intent and purposes of such districts.
4. REVIEW APPEALS OF PERMIT DENIALS. The board shall review all data related to the appeal. This may include, but is not limited to, all of the following:
a. Permit application data listed in s. 295-1129.
b. Floodway or flood fringe determination data per s. 295-1127-4.
c. Data listed in s. 295-1121-2 where the applicant has not submitted this information to the commissioner.
d. Other data submitted to the board.
5. APPEAL RELATING TO INCREASE IN REGIONAL FLOOD ELEVATION. For an appeal of an administrative decision relating to an increase in the regional flood elevation, the board shall uphold the commissioner’s decision if the board agrees with the data showing an increase in flood elevation. An increase may only be allowed after the flood profile and map have been amended and all appropriate legal arrangements with adversely affected property owners have been made, in accordance with s. 295-1143. The board may grant the appeal if it agrees that the data properly demonstrate that the project does not cause an increase in flood elevation, provided no other reasons for denial exist.
6. FLOODPLAIN BOUNDARY DISPUTES. The following procedures shall be used by the board in hearing and deciding disputes concerning floodplain district boundaries:
a. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary.
b. In all cases, the person contesting the boundary location shall be given reasonable opportunity to present arguments and technical evidence to the board.
c. If the boundary is incorrectly mapped, the board shall direct the commissioner to initiate a map amendment in accordance with the procedures of s. 295-1117-3.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH295-SUB11.pdf#page=26Fetched: 10/26/2026