Where a zoning administrator, planning agency or a board of
appeals has already been appointed to administer a zoning ordinance
adopted under § 62.23(7), Wis. Stats., these officials shall
also administer this chapter.
A.
The Zoning Administrator is authorized to administer this chapter
and shall have the following duties and powers:
(1)
Advise applicants of the ordinance provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
elevation for the proposed development is shown on all permit applications.
(2)
Issue permits and inspect properties for compliance with provisions
of this chapter and issue certificates of compliance where appropriate.
(3)
Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structures
has occurred.
(4)
Keep records of all official actions such as:
(a)
All permits issued, inspections made, and work approved;
(b)
Documentation of certified lowest floor and regional flood elevations
for floodplain development;
(c)
Records of water surface profiles, Floodplain Zoning Maps and
ordinances, nonconforming uses and structures including changes, appeals,
variances and amendments.
(d)
All substantial damage assessment reports for floodplain structures.
(5)
Submit copies of the following items to the Department regional office:
(a)
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments;
(b)
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.
(c)
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments. [Note: Information on conducting
substantial damage assessments is available on the DNR website: http://dnr.wi.gov/org/water/wm/dsfm/flood/title.htm.]
(6)
Investigate, prepare reports, and report violations of this chapter
to the municipal Plan Commission and attorney for prosecution. Copies
of the reports shall also be sent to the Department regional office.[1]
(7)
Submit copies of text and map amendments and biennial reports to
the FEMA regional office.
B.
Land use permit. A land use permit shall be obtained before any new
development or any repair or change in the use of a building or structure,
including sewer and water facilities, may be initiated.
(2)
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
(a)
Location, dimensions, area and elevation of the lot;
(b)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(c)
Location of any structures with distances measured from the
lot lines and street center lines;
(d)
Location of any existing or proposed on-site sewage systems
or private water supply systems;
(e)
Location and elevation of existing or future access roads;
(f)
Location of floodplain and floodway limits as determined from
the Official Floodplain Zoning Maps;
(g)
The elevation of the lowest floor of proposed buildings and
any fill using National Geodetic and Vertical Datum (NGVD);
(3)
Data requirements to analyze developments. The applicant shall provide
all survey data and computations required to show the effects of the
project on flood heights, velocities and floodplain storage, for all
subdivision proposals, as "subdivision" is defined in Ch. 236, Wis.
Stats., and other proposed developments exceeding five acres in area
or where the estimated cost exceeds $125,000.
(4)
Expiration. All permits issued under the authority of this chapter
shall expire 180 days after issuance.
C.
Certificate of compliance. No land shall be occupied or used and
no building which is hereafter constructed, altered, added to, modified,
repaired, rebuilt or replaced shall be occupied until a certificate
of compliance is issued by the Zoning Administrator, except where
no permit is required, 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)
If all ordinance provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed.
(4)
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing measures meet the requirements of § 724-40.
D.
Other permits. The applicant must secure all necessary permits from
federal, state, and local agencies, including those required by the
U.S. Army Corps of Engineers under Section 404 of the Federal Water
Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
The Board of Appeals, created under § 62.23(7)(e),
Wis. Stats., is hereby authorized or shall be appointed to act for
the purposes of this chapter. The Board 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 Board of Appeals shall:
(1)
Appeals. 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 chapter.
(2)
Boundary disputes. Hear and decide disputes concerning the district
boundaries shown on the Official Floodplain Zoning Map.
(3)
Variances. Hear and decide, upon appeal, variances from the ordinance
standards.
B.
Appeals to the Board.
(1)
Appeals to the Board may be taken by any person aggrieved or by any
officer or department of the municipality affected by any decision
of the Zoning Administrator or other administrative officer. Such
appeal shall be taken within 30 days, unless otherwise provided by
the rules of the Board, by filing with the official whose decision
is in question, and with the Board, a notice of appeal specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
(2)
Notice and hearing for appeals including variances.
(a)
Notice. The Board shall:
[1]
Fix a reasonable time for the hearing;
[2]
Publish adequate notice pursuant to Wisconsin Statutes, specifying
the date, time, place and subject of the hearing;
[3]
Assure that notice shall be mailed to the parties in interest
and the Department regional office and the Milwaukee Metropolitan
Sewerage District at least 10 days in advance of the hearing.
[Amended 4-12-2011 by Ord. No. 2011-06]
(3)
Decision. The final decision regarding the appeal or variance application
shall:
(a)
Be made within a reasonable time;
(b)
Be sent to the Department regional office within 10 days of
the decision;
(c)
Be a written determination signed by the chairperson or secretary
of the Board;
(d)
State the specific facts which are the basis for the Board's
decision;
(e)
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 variance application;
(f)
Include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a variance, clearly stated
in the recorded minutes of the Board proceedings.
C.
Boundary disputes. The following procedure shall be used by the Board
in hearing disputes concerning floodplain district boundaries:
(1)
If a floodplain district boundary is established by approximate or
detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary. If none exist, other evidence may
be examined.
(2)
In all cases, the person contesting the boundary location shall be
given a reasonable opportunity to present arguments and technical
evidence to the Board.
D.
Variance.
(1)
The Board may, upon appeal, grant a variance from the standards of
this chapter if an applicant convincingly demonstrates that:
(a)
Literal enforcement of the ordinance provisions will cause unnecessary
hardship;
(b)
The hardship is due to adoption of the floodplain ordinance
and unique property conditions, not common to adjacent lots or premises.
In such case, the ordinance or map must be amended;
(c)
The variance is not contrary to the public interest; and
(2)
In addition to the criteria in Subsection A of this section, to qualify for a variance under FEMA regulations, the following criteria must be met:
(a)
The variance may not cause any increase in the regional flood
elevation;
(b)
Variances can only be granted for lots that are less than one-half
acre and are contiguous to existing structures constructed below the
RFE;
(c)
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.
(3)
A variance shall not:
(a)
Grant, extend or increase any use prohibited in the zoning district.
(b)
Be granted for a hardship based solely on an economic gain or
loss.
(c)
Be granted for a hardship which is self-created.
(d)
Damage the rights or property values of other persons in the
area.
(f)
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
(4)
When a floodplain variance is granted, the Board shall notify the
applicant in writing that it may increase flood insurance premiums
and risks to life and property. A copy shall be maintained with the
variance record.
A.
The Board of Appeals shall review all data related to the appeal.
This may include:
(3)
Data listed in § 724-23A(2) where the applicant has not submitted this information to the Zoning Administrator.
(4)
Other data submitted with the application, or submitted to the Board
of Appeals with the appeal.
B.
For appeals of all denied permits, the Board of Appeals shall:
C.
For appeals concerning increases in regional flood elevation, the
Board of Appeals shall:
(1)
Uphold the denial where the Board of Appeals agrees with the data
showing an increase in flood elevation. Increases equal to or greater
than 0.01 foot may only be allowed after amending the flood profile
and map and all appropriate legal arrangements are made with all adversely
affected property owners.
(2)
Grant the appeal where the Board of Appeals agrees that the data
properly demonstrates that the project does not cause an increase
equal to or greater than 0.01 foot, provided no other reasons for
denial exist.
A.
No permit or variance shall be issued until the applicant submits
a plan certified by a registered professional engineer or architect
that the floodproofing measures will protect the structure or development
to the flood protection elevation.
B.
Floodproofing measures shall be designed to:
(1)
Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
(2)
Protect structures to the flood protection elevation;
(3)
Anchor structures to foundations to resist flotation and lateral
movement; and
(4)
Insure that structural walls and floors are watertight to the flood
protection elevation, and the interior remains completely dry during
flooding without human intervention.
C.
Floodproofing measures could include:
(1)
Reinforcing walls and floors to resist rupture or collapse caused
by water pressure or floating debris.
(2)
Adding mass or weight to prevent flotation.
(3)
Placing essential utilities above the flood protection elevation.
(4)
Installing surface or subsurface drainage systems to relieve foundation
wall and basement floor pressures.
(5)
Constructing water supply wells and waste treatment systems to prevent
the entry of floodwaters.
(6)
Putting cutoff valves on sewer lines or eliminating gravity flow
basement drains.
