The Village Zoning Administrator is hereby authorized to administer the provisions of 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 appeals, and ensure that the regional flood elevation for the proposed development is shown on all permit applications.
B. 
Issue permits and inspect properties for compliance with this chapter and issue certificates of compliance when appropriate.
C. 
Keep the official records of all water surface profiles, Floodplain Zoning Maps, floodplain zoning ordinances, nonconforming uses and changes thereto, permit applications, permits, appeals, variances and amendments related to this chapter.
D. 
Submit copies of all decisions granting or denying variances and appeals, all map and text amendments, case-by-case analyses, annual reports, and any other required information to the appropriate district office of the Department of Natural Resources. An annual summary, showing only the number and types of all floodplain zoning actions taken by the Village, shall also be submitted to the Department by the Zoning Board of Appeals.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Investigate, prepare reports and report violations of this chapter to the appropriate Village committee and to the Municipal Attorney or District Attorney, with copies to the appropriate district office of the Department of Natural Resources.
F. 
Submit copies of map and text amendments and annual reports to the Federal Emergency Management Agency.
G. 
Maintain on file a list of all documentations of certified elevations.
A. 
Land use permit. A land use permit shall be obtained before any new development, as defined in § 548-36, or any change in the use of an existing building or structure may be initiated. Application for a land use permit shall be made to the Zoning Administrator upon forms furnished and shall include, for the purpose of proper enforcement of these regulations, the following data:
(1) 
Name and address of the applicant, property owner, and contractor-builder;
(2) 
Legal description of the property, including the type of proposed use, and an indication as to whether new construction or a modification to an existing structure is involved;
(3) 
The elevation of the lowest floor using National Geodetic and Vertical Datum (NGVD);
(4) 
A site development plan which accurately locates or describes the proposal with respect to the floodway and flood fringe districts, showing the dimensions of the lot and locations of all existing and proposed structures from lot lines, center lines of all abutting highways, and the ordinary high-water mark of any abutting or nearby watercourse;
(5) 
Information concerning all private water supply systems and on-site sewage disposal systems to be installed, the location of all existing wells, structures and on-site sewage disposal systems, and the ordinary high-water mark of all streams and lakes within 100 feet of a proposed sewage disposal site; and
(6) 
Data sufficient to determine the regional flood elevation at the location of the development and to determine whether or not the requirements of § 548-12 are met. This may include any of the information noted in § 548-31B.
B. 
Certificate of compliance. No vacant or developed land shall be occupied in the floodplain and no building or structure hereafter erected, altered or moved into the floodplain shall be occupied or used until the applicant obtains a certificate of compliance from the Zoning Administrator. The Zoning Administrator shall issue a certificate only after the applicant has submitted a certification signed by a registered professional engineer or registered land surveyor that the fill and lowest/basement floor elevations were placed in compliance with the development standards contained in this chapter. If floodproofing is required pursuant to § 548-32, the Zoning Administrator shall issue a certificate only after the applicant has submitted a certification signed by a registered professional engineer or architect that the structure is adequately constructed to comply with the provisions of § 548-32.
C. 
Other permits. It is the responsibility of the applicant to secure all other necessary permits from all appropriate 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. § 1334.
The Plan Commission shall have the following duties and powers, to:
A. 
Oversee the functions of the office of the Zoning Administrator;
B. 
Review and act upon all proposed amendments to the Floodplain Zoning Ordinance map and text;
C. 
Maintain a complete public record of all its proceedings.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Statutory authorization. The appropriate board created under § 62.23(7)(e), Wis. Stats., is hereby authorized to act as the board of appeals for the purposes of this chapter. The powers of the Zoning Board of Appeals shall be pursuant to § 62.23(7), Wis. Stats.
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 municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Zoning Administrator and with the Zoning Board of Appeals a notice of appeal, specifying whether an interpretation of the ordinance text or map or a variance is sought and the grounds thereof. The Zoning Administrator or other officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
C. 
Hearing appeals.
(1) 
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof by publishing in the official newspaper of the municipality a Class 2 notice pursuant to Ch. 985, Wis. Stats., specifying the date, time and place of hearing and the matters to come before the Board. The hearing notice shall be mailed to the parties in interest in advance of the hearing.
(2) 
A decision regarding the appeal shall be made within a reasonable time.
(3) 
The final disposition of an appeal to the Zoning Board of Appeals shall be in the form of a written determination or order signed by the Chairperson or Secretary of the Board. The determination 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, deny the appeal for lack of justification, or grant or deny the application for a variance. The reasons or justifications for granting an appeal, including a description of the hardship or practical difficulty which was demonstrated by the applicant in the case of a variance, shall be clearly stated in the recorded minutes of the Zoning Board of Appeals proceedings.
(4) 
A copy of all decisions by the Zoning Board of Appeals shall be mailed to the appropriate district office of the Department of Natural Resources.
D. 
Boundary or mapping 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, pursuant to § 548-6, 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. Where it is determined that the district boundary is incorrectly mapped, the Board should either inform the Plan Commission to proceed to petition the Village Board or inform the person contesting the location of the boundary to petition the Village Board for a map amendment pursuant to § 548-34.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Variance. Any deviation from the standards of this chapter, for which a permit has been denied by the Zoning Administrator, may be allowed only upon written request for a variance submitted to the Zoning Administrator, after a public hearing and the issuance of a variance by the Zoning Board of Appeals. The Board may authorize in specific cases such variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance:
(1) 
Shall be consistent with the spirit and intent of the Floodplain Zoning Ordinance as stated in § 548-3.
(2) 
Shall not permit a lower degree of flood protection in the floodway 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 § 548-26B.
(3) 
Shall not be granted because of conditions that are common to a group of adjacent lots or premises. (In such a case, the Zoning Ordinance would have to be amended through proper procedures.)
(4) 
Shall not be granted unless it is shown that the variance will not be contrary to the public interest and will not damage the rights of other persons or property values in the area.
(5) 
Shall not be granted for actions which require an amendment to this chapter or the Floodplain Zoning Ordinance Maps.
(6) 
Shall not have the effect of granting or increasing a use of property which is prohibited in a particular zoning district by this chapter.
(7) 
Shall not be granted solely on the basis of economic gain or loss.
(8) 
Shall not be granted for a self-created hardship.
F. 
Notice. When a variance is granted, the applicant shall be notified, in writing, by the Chairperson or Secretary of the Zoning Board of Appeals, that increased flood insurance premiums may result. A copy of this notification shall be maintained with the variance appeal record.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Applicability. When any development is proposed within the General Floodplain District, a determination shall be made to establish the boundaries of the floodway to allow the Zoning Administrator to determine whether floodway or flood fringe uses apply and, where required, to determine the regional flood elevation.
B. 
Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:
(1) 
Require the applicant to submit at the time of application two copies of an aerial photograph or a plan which accurately locates the proposed development with respect to the General Floodplain District limits, channel of stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures.
(2) 
Require the applicant to furnish any of the following additional information as is deemed necessary by the Department of Natural Resources for evaluation of the effects of the proposal upon flood flows, to determine the boundaries of the floodway and, where applicable, the regional flood elevation.
(a) 
A typical valley cross section, showing the channel of the stream, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high-water information.
(b) 
Plan (surface view) showing: elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
(c) 
Profile showing the slope of the bottom of the channel or flow line of the stream.
(d) 
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage of materials, water supply and sanitary facilities.
(3) 
Transmit one copy of the information described in Subsection B(1) and (2) to the Department of Natural Resources along with a written request to have that agency provide technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of § 548-12D of this chapter apply, the applicant shall provide all required information and computations.
A. 
Where floodproofing measures are required, they shall be designed to withstand the flood pressures, depths, velocities, uplift and impact forces, and other factors associated with the regional flood, to assure protection to the flood protection elevation. In addition, all floodproofing measures shall provide anchorage of structures to foundations to resist flotation and lateral movement and shall ensure that the structural walls and floors are watertight (i.e., completely dry without human intervention during flooding) to the flood protection elevation. The applicant shall submit 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 for the particular area.
B. 
Floodproofing measures could include:
(1) 
Reinforcement of walls and floors to resist rupture or collapse caused by water pressure or floating debris;
(2) 
Addition of mass or weight to structures to prevent flotation;
(3) 
Placement of essential utilities above the flood protection elevation;
(4) 
Surface drainage systems, including pumping facilities, to relieve external foundation wall and basement floor pressures;
(5) 
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
(6) 
Cutoff valves on sewer lines or the elimination of gravity-flow basement drains.