Where a zoning administrator, planning agency or a board of
adjustment/appeals has already been appointed to administer a zoning
ordinance adopted under § 62.23(7), Wis. Stats., these officials
shall also administer this chapter.
The Zoning Administrator shall have the following duties and
powers:
A.
Advise applicants as to the provisions of this chapter, assist them
in preparing permit applications and appeal forms, and ensure that
the regional flood elevation is shown on permit applications where
appropriate.
B.
Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
C.
Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structure
has occurred.
D.
Keep records of all official actions, such as:
(1)
All permits issued.
(2)
Inspections made.
(3)
Work approved.
(4)
Floodproofing certificates.
(5)
Documentation of certified lowest floor and regional flood elevations
for floodplain development.
(6)
Records of water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures, including changes, appeals, variances
and amendments.
(7)
All substantial damage assessment reports for floodplain structures.
(8)
List of nonconforming structures and uses.
E.
Have access to any structure or premises between the hours of 8:00
a.m. and 6:00 p.m. for the purpose of performing these duties.
F.
Submit copies of the following items to the Department regional office:
(1)
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments.
(2)
Copies of any case-by-case analyses and any other information required
by the Department, including an annual summary of the number and types
of floodplain zoning actions taken.
(3)
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
G.
Investigate, prepare reports, and report violations of this chapter
to the appropriate municipal planning agency and the City Attorney
for prosecution. Copies of the violation reports shall also be sent
to the Department regional office.
H.
Submit copies of floodplain text and map amendments and biennial
reports to the regional FEMA office.
A.
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a building permit shall be obtained from the Zoning Administrator before any development, as defined in § 532-49, including any change in the use of an existing building or structure, is initiated.
B.
Application. An application for a permit shall be made to the Zoning
Administrator upon forms furnished and shall include the following
information for the purpose of proper enforcement of these regulations:
(2)
Site development plan. The site development plan shall be drawn to
scale and submitted as a part of the permit application form and shall
contain the following information:
(a)
Location, dimensions, area and elevation of the lot. Also, a
copy of the Wetland Inventory Map shall be provided, if applicable,
with elevation noted;
(b)
Location and boundaries of wetlands;
(c)
Specifications and dimensions for areas of proposed wetland
alteration;
(d)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(e)
Existing and proposed topographic and drainage features and
vegetative cover;
(f)
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways;
(g)
Location of any existing or proposed on-site sewage systems
or private water supply systems;
(h)
Location and elevation of existing or future access roads;
(i)
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps used to delineate floodplain
areas;
(j)
The elevation of the lot, lowest floor of proposed buildings
and fill with the vertical datum from the adopted study, either National
Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD).
This will include a FEMA elevation certificate.
(l)
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 532-16F. See also § 532-17C(1)(b).
C.
Expiration. All permits issued under the authority of this chapter
shall expire no more than 180 days after issuance. The permit may
be extended for a maximum of 180 days for good and sufficient cause.
All hydraulic and hydrologic studies shall be completed under
the direct supervision of a professional engineer registered in the
state. The study contractor shall be responsible for the technical
adequacy of the study. All studies shall be reviewed and approved
by the Department.
A.
Zone A floodplains.
(1)
Hydrology. The appropriate method shall be based on the standards
in § NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
(2)
Hydraulic modeling. The regional flood elevation shall be based on
the standards in § NR 116.07(4), Wis. Adm. Code, Hydraulic
Analysis: Determination of the Regional Flood Elevation, and the following:
(a)
Determination of the required limits of the hydraulic model
shall be based on detailed study information for downstream structures
(dam, bridge and culvert) to determine adequate starting WSEL for
the study.
(b)
Channel sections must be surveyed.
(c)
Minimum four-foot contour data in the overbanks shall be used
for the development of cross-section overbank and floodplain mapping.
(d)
A maximum distance of 500 feet between cross sections is allowed
in developed areas with additional intermediate cross sections required
at transitions in channel bottom slope, including a survey of the
channel at each location.
(e)
The most current version of HEC-RAS shall be used.
(f)
A survey of bridge and culvert openings and the top of road
is required at each structure.
(g)
Additional cross sections are required at the downstream and
upstream limits of the proposed development and any necessary intermediate
locations based on the length of the reach if greater than 500 feet.
(h)
Standard accepted engineering practices shall be used when assigning
parameters for the base model such as flow, Manning's 'n' values,
expansion and contraction coefficients or effective flow limits. The
base model shall be calibrated to past flooding data such as high-water
marks to determine the reasonableness of the model results. If no
historical data is available, adequate justification shall be provided
for any parameters outside standard accepted engineering practices.
(i)
The model must extend past the upstream limit of the difference
in the existing and proposed flood profiles in order to provide a
tie-in to existing studies. The height difference between the proposed
flood profile and the existing study profiles shall be no more than
0.00 feet.
(3)
Mapping. A work map of the reach studied shall be provided, showing
all cross section locations, floodway/floodplain limits based on best
available topographic data, geographic limits of the proposed development,
and whether the proposed development is located in the floodway.
(a)
If the proposed development is located outside of the floodway,
then it is determined to have no impact on the regional flood elevation.
(b)
If any part of the proposed development is in the floodway,
it must be added to the base model to show the difference between
existing and proposed conditions. The study must ensure that all coefficients
remain the same as in the existing model, unless adequate justification
based on standard accepted engineering practices is provided.
B.
Zone AE floodplains.
(1)
Hydrology. If the proposed hydrology will change the existing study,
the appropriate method to be used shall be based on § NR
116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination of Regional
Flood Discharge.
(2)
Hydraulic model. The regional flood elevation shall be based on the
standards in § NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis:
Determination of the Regional Flood Elevation, and the following:
(a)
Duplicate effective model. The effective model shall be reproduced
to ensure correct transference of the model data and to allow integration
of the revised data to provide a continuous FIS model upstream and
downstream of the revised reach. If data from the effective model
is available, models shall be generated that duplicate the FIS profiles
and the elevations shown in the Floodway Data Table in the FIS report
to within 0.1 foot.
(b)
Corrected effective model. The corrected effective model shall
not include any man-made physical changes since the effective model
date but shall import the model into the most current version of HEC-RAS
for Department review.
(c)
Existing (pre-project conditions) model. The existing model
shall be required to support conclusions about the actual impacts
of the project associated with the revised (post-project) model or
to establish more up-to-date models on which to base the revised (post-project)
model.
(d)
Revised (post-project conditions) model. The revised (post-project
conditions) model shall incorporate the existing model and any proposed
changes to the topography caused by the proposed development. This
model shall reflect proposed conditions.
(e)
All changes to the duplicate effective model and subsequent
models must be supported by certified topographic information, bridge
plans, construction plans and survey notes.
(f)
Changes to the hydraulic models shall be limited to the stream
reach for which the revision is being requested. Cross sections upstream
and downstream of the revised reach shall be identical to those in
the effective model and result in water surface elevations and top
widths computed by the revised models matching those in the effective
models upstream and downstream of the revised reach as required. The
effective model shall not be truncated.
(3)
Mapping. Maps and associated engineering data shall be submitted
to the Department for review which meet the following conditions:
(a)
Consistency between the revised hydraulic models, the revised
floodplain and floodway delineations, the revised flood profiles,
topographic work map, annotated FIRMs and/or Flood Boundary Floodway
Maps (FBFMs), construction plans, and bridge plans.
(b)
Certified topographic map of suitable scale, contour interval,
and a planimetric map showing the applicable items. If a digital version
of the map is available, it may be submitted in order that the FIRM
may be more easily revised.
(c)
Annotated FIRM panel showing the revised 1% and 0.2% annual
chance floodplains and floodway boundaries.
(d)
If an annotated FIRM and/or FBFM and digital mapping data (GIS
or CADD) are used, then all supporting documentation or metadata must
be included with the data submission along with the Universal Transverse
Mercator (UTM) projection and State Plane Coordinate System in accordance
with FEMA mapping specifications.
(e)
The revised floodplain boundaries shall tie into the effective
floodplain boundaries.
(f)
All cross sections from the effective model shall be labeled
in accordance with the effective map and a cross section lookup table
shall be included to relate to the model input numbering scheme.
(g)
Both the current and proposed floodways shall be shown on the
map.
(h)
The stream center line or profile baseline used to measure stream
distances in the model shall be visible on the map.
A.
Except where no building or conditional use permit is required, no
land shall be occupied or used and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied until a certificate of compliance is issued by the Zoning
Administrator, subject to the following provisions:
(1)
The certificate of compliance shall show that the building or premises
or part thereof, and the proposed use, conform to the provisions of
this chapter.
(2)
Application for such certificate shall be concurrent with the application
for a permit.
(3)
The certificate of compliance shall be issued within 10 days after
notification of completion of the work specified in the permit, providing
the building or premises or proposed use conforms to all the provisions
of the chapter.
(4)
For floodplain development, the applicant shall submit a certification signed by a registered professional engineer or professional land surveyor that the fill and lowest floor elevations are in compliance with the permit issued, including any required floodproofing. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of § 532-42 are met.
[Amended 10-4-2016 by Ord. No. 16-18; 5-2-2017 by Ord. No. 17-11]
B.
Upon written request from the owner, the Zoning Administrator shall
issue a certificate of compliance for any building or premises existing
at the time of adoption of this chapter, certifying, after inspection,
the extent and type of use made of the building or premises and whether
or not such use conforms to the provisions of this chapter. The applicant
must secure all necessary permits from federal, state and local agencies,
including those required by the United States Army Corps of Engineers
under Section 404 of the Federal Water Pollution Control Act, Amendments
of 1972, 33 U.S.C. § 1344.
Prior to obtaining a floodplain development permit, the applicant
must secure all necessary permits from federal, state and local agencies,
including but not limited to those required by the United States Army
Corps of Engineers under Section 404 of the Federal Water Pollution
Control Act, Amendments of 1972, 33 U.S.C. § 1344.
The Common Council may, by resolution, adopt fees for the following:
The appropriate board created under § 62.23(7)(e),
Wis. Stats., is hereby authorized or shall be appointed to act as
the Zoning Board of Appeals for the purposes of this chapter. The
Board of Appeals shall exercise the powers conferred by Wisconsin
Statutes and adopt rules for the conduct of business. The Zoning Administrator
may not be the Secretary of the Board.
A.
Powers and duties. The Zoning Board of Appeals:
(1)
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
B.
Appeals to the Board. Appeals to the Zoning Board of Appeals may
be taken by any person aggrieved or by an officer, department, board
or bureau of the City affected by any order, requirement, decision
or determination of the official whose decision is in question. Such
appeal shall be taken within 30 days, as provided by the rules of
the Board, by filing with the official whose decision is in question
and with the Zoning Board of Appeals a notice of appeal, specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all the documents constituting the record
concerning the matter appealed.
C.
Hearing appeals and applications for variances.
(1)
Notice and hearing. The Board of Appeals shall fix a reasonable time for a hearing on the appeal or application. The Board shall give public notice by publishing a Class 1 notice under Ch. 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the Board. Notice shall be mailed to the parties in interest. Written notice shall be given to the appropriate regional office of the Department at least 10 days prior to hearings on proposed variances and appeals for map or text interpretations. At the public hearing, any party may appear in person or by agent or attorney. The Board shall resolve boundary disputes, decide variance applications, and decide appeals of permit denials in accordance with §§ 532-37D, 532-38, and 532-40.
[Amended 10-20-2020 by Ord. No. 20-24]
(2)
Decision. A decision regarding the appeal or application shall be
made as soon as practical. Copies of all decisions on variances and
appeals for map or text interpretations shall be submitted to the
appropriate regional office of the Department within 10 days after
they are granted or denied. The final disposition of an appeal or
application to the Zoning Board of Appeals shall be in the form of
a written resolution or order signed by the Chairperson and Secretary
of the Board. Such resolution shall state the specific facts which
are the basis of 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 prosecution; or grant the application, including the reasons or
justifications for granting an appeal, with a description of the hardship
or practical difficulty demonstrated by the applicant, in the case
of a variance, clearly stated in the recorded minutes of the Board
proceedings.
D.
Boundary disputes. The following procedure shall be used by the Zoning
Board of Appeals in hearing disputes concerning the district boundaries
shown on the Official Floodplain Zoning Map:
(1)
Where a floodplain district boundary is established by approximate
or detailed floodplain studies, the regional flood elevations or profiles
for the point in question shall be the governing factor in locating
the district boundary. If no regional flood elevations or profiles
are available to the Board, other available evidence may be examined.
(2)
In all cases, the person contesting the location of the district
boundary shall be given a reasonable opportunity to present arguments
and technical evidence to the Zoning Board of Appeals.
A.
The Zoning Board of Appeals may, upon appeal, grant a variance from
the dimensional standards of this chapter where an applicant convincingly
demonstrates that:
(1)
Literal enforcement of the provisions of this chapter will result
in unnecessary hardship on the applicant;
(2)
The hardship is due to adoption of this chapter and special conditions
exist unique to the property and not common to a group of adjacent
lots or premises (in such case the Zoning Code or Map must be amended);
(3)
Such variance is not contrary to the public interest; and
B.
In addition to the criteria in Subsection A, to qualify for a variance under FEMA regulations the following criteria must be met:
(1)
The variance may not cause any increase in the regional flood elevation.
(2)
Variances can only be granted for lots that are less than 1/2 acre
and are contiguous to existing structures constructed below the regional
flood elevation.
(3)
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 this chapter.
C.
A variance shall not:
(1)
Grant, extend or increase any use of property prohibited in the zoning
district.
(2)
Be granted for a hardship based solely on an economic gain or loss.
(3)
Be granted for a hardship which is self-created.
(4)
Damage the rights or property values of other persons in the area.
(5)
Permit a lower degree of flood protection in any floodplain area than the flood protection elevation. In the flood-fringe area, a lower degree of flood protection than the flood protection elevation may only be allowed pursuant to § 532-27B.
(7)
Allow any alteration of a historic structure, including its use,
which would preclude its continued designation as a historic structure.
D.
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 per $100 of
coverage. A copy shall be maintained with the variance record.
A.
Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been reviewed and approved, following the procedures in Chapter 550 (Zoning). To secure information upon which to base its determination, the applicant may be required to furnish, in addition to the information otherwise required for a conditional use permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in this chapter, the Plan Commission shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 532-3. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion protection measures; increased side yard 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.
A.
On appeal, the Common Council shall review all data constituting
the basis for the appeal of permit denial. This data may include (where
appropriate):
(3)
Data listed in § 532-17C(1), where the applicant has not submitted this information to the Zoning Administrator.
(4)
Other data submitted to the Zoning Administrator with the permit
application or submitted to the Common Council with the appeal.
(5)
The recommendation of the Plan Commission.
B.
For appeals of all denied permits, the Common Council shall:
(2)
Render a decision regarding the appeal within 10 days of the public
hearing, which shall be submitted to the appropriate regional office
of the Department within 10 days after rendered. The final disposition
of an appeal shall be in the form of a written resolution. Such resolution
shall state the specific facts which are the basis of the Council's
determination and shall either affirm, reverse, vary or modify the
Plan Commission decision or determination appealed, in whole or in
part; dismiss the appeal for lack of jurisdiction or prosecution;
or grant the application for a permit.
C.
For appeals concerning increases in regional flood elevation, the
Common Council shall:
(1)
Affirm the denial where the Common Council agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.00 feet may only be allowed after amending the flood profile and map and any appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Article VII, Amendments.
[Amended 10-20-2020 by Ord. No. 20-24]
(2)
Grant the appeal where the Common Council agrees that the data properly
demonstrates that the project does not cause an increase equal to
or greater than 0.00 foot, provided no other reasons for denial exist.
A.
Where useful, marks on bridges or buildings or other markers may
be set to show the depth of inundation during the regional flood at
appropriate locations within the floodplain.
B.
All available information in the form of maps, engineering data and
regulations shall be readily available in the office of the Public
Works Director/City Engineer and should be widely distributed.
[Amended 7-5-2022 by Ord. No. 22-63]
C.
All legal descriptions of property in the floodplain should include
information designating the floodplain zoning classification when
such property is transferred.
A.
No permit or variance shall be issued for a nonresidential structure
designed to be watertight below the regional flood elevation until
the applicant submits a plan or document certified by a registered
professional engineer or architect that the floodproofing measures
are adequately designed to protect the structure or development to
the flood protection elevation and submits a FEMA floodproofing certificate.
B.
Floodproofing measures shall be designed, as appropriate, to:
(1)
Withstand the flood pressures, depths, velocities, uplift and impact
forces, and other factors associated with the regional flood;
(2)
Assure protection of structures to the flood protection elevation;
(3)
Provide anchorage of structures to foundations to resist flotation
and lateral movement;
(4)
Ensure that the structural walls and floors are watertight to the
flood protection elevation and the interior remains completely dry
during flooding, without human intervention;
(5)
Minimize or eliminate infiltration of floodwaters; and
(6)
Minimize or eliminate discharges into floodwaters.
C.
For a structure designed to allow the entry of floodwaters, no permit
or variance shall be issued until the applicant submits a plan either:
(1)
Certified by a registered professional engineer or architect; or
(2)
That meets or exceeds the following standards:
(a)
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided;
(b)
The bottom of all openings shall be no higher than one foot
above grade; and
(c)
Openings may be equipped with screens, louvers, valves or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.