The Zoning Administrator, appointed to administer the Zoning
Ordinance adopted under §§ 59.69, 59.692, Wis. Stats.,
shall also administer this chapter.
The Zoning Administrator is authorized to administer this chapter
and shall have the following duties and powers:
A.
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.
B.
Issue permits and inspect properties for compliance with provisions
of this chapter and issue certificates of compliance where appropriate.
C.
Inspect all damaged floodplain structures to determine if substantial
damage to the structure has occurred.
D.
Keep records of all official actions such as:
(1)
All permits issued, inspections made, and work approved;
(2)
Documentation of certified lowest floor and regional flood elevations;
(3)
Floodproofing certificates;
(4)
Water surface profiles, floodplain zoning maps and ordinances, nonconforming
uses and structures, including changes, appeals, variances and amendments;
(5)
All substantial damage assessment reports for floodplain structures;
(6)
List of nonconforming structures and uses.
E.
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 required information
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.
F.
Investigate, prepare reports, and report violations of this chapter
to the municipal zoning agency and attorney for prosecution. Copies
of the reports shall also be sent to the Department Regional office.
G.
Submit copies of text and map amendments and biennial reports to
the FEMA Regional office.
A land use permit shall be obtained before any new development
or any repair, modification or addition to an existing structure;
or change in the use of a building or structure, including sewer and
water facilities, may be initiated. Application to the Zoning Administrator
shall include:
B.
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
(1)
Location, dimensions, area and elevation of the lot;
(2)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(3)
Location of any structures with distances measured from the lot lines
and street center lines;
(4)
Location of any existing or proposed onsite sewage systems or private
water supply systems;
(5)
Location and elevation of existing or future access roads;
(6)
Location of floodplain and floodway limits as determined from the
Official Floodplain Zoning Maps;
(7)
The elevation of the lowest floor of proposed buildings and any fill
using the vertical datum from the adopted study - either National
Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
C.
Hydraulic and hydrologic studies to analyze development. 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 Wisconsin Department
of Natural Resources.
(1)
Zone A floodplains.
(a)
Hydrology. The appropriate method shall be based on the standards
in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
(b)
Hydraulic modeling. The regional flood elevation shall be based
on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic
Analysis: Determination of regional flood elevation and the following:
[1]
Determination of the required limits of the hydraulic model
shall be based on detailed study information for downstream structures
(dam, bridge, culvert) to determine adequate starting WSEL for the
study.
[2]
Channel sections must be surveyed.
[3]
Minimum four-foot contour data in the overbanks shall be used
for the development of cross section overbank and floodplain mapping.
[4]
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.
[5]
The most current version of HEC-RAS shall be used.
[6]
A survey of bridge and culvert openings and the top of road
is required at each structure.
[7]
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.
[8]
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.
[9]
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.
(c)
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.
[1]
If the proposed development is located outside of the floodway,
then it is determined to have no impact on the regional flood elevation.
[2]
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.
(2)
Zone AE floodplains.
(a)
Hydrology. If the proposed hydrology will change the existing
study, the appropriate method to be used shall be based on ch. NR
116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of
Regional Flood Discharge.
(b)
Hydraulic modeling. The regional flood elevation shall be based
on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic
Analysis: Determination of regional flood elevation and the following:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
All changes to the duplicate effective model and subsequent
models must be supported by certified topographic information, bridge
plans, construction plans and survey notes.
[6]
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 topwidths
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.
(c)
Mapping. Maps and associated engineering data shall be submitted
to the Department for review which meet the following conditions:
[1]
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, bridge plans.
[2]
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.
[3]
Annotated FIRM panel showing the revised 1% and 0.2% annual
chance floodplains and floodway boundaries.
[4]
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.
[5]
The revised floodplain boundaries shall tie into the effective
floodplain boundaries.
[6]
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.
[7]
Both the current and proposed floodways shall be shown on the
map.
[8]
The stream centerline, or profile baseline used to measure stream
distances in the model shall be visible on the map.
D.
Expiration. All permits issued under the authority of this chapter
shall expire 180 days after issuance. The permit may be extended for
a maximum of 180 days for good and sufficient cause.
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:
A.
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;
B.
Application for such certificate shall be concurrent with the application
for a permit;
C.
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;
D.
The applicant shall submit a certification signed by a registered professional engineer or registered 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 § 238-47.
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 U.S. Army Corps
of Engineers under Section 404 of the Federal Water Pollution Control
Act, Amendments of 1972, 33 U.S.C. § 1344.
A.
The Board of Adjustment, created under § 59.694, 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 shall not be the Secretary of the Board.
B.
Powers and duties. The Board of Adjustment 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; and
(3)
Variances. Hear and decide, upon appeal, variances from the ordinance
standards.
A.
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.
B.
Notice and hearing for appeals including variances.
(1)
Notice. The Board shall:
(a)
Fix a reasonable time for the hearing;
(b)
Publish adequate notice pursuant to Wisconsin Statutes, specifying
the date, time, place and subject of the hearing;
(c)
Assure that notice shall be mailed to the parties in interest
and the Department Regional office at least 10 days in advance of
the hearing.
C.
Decision. The final decision regarding the appeal or variance application
shall:
(1)
Be made within a reasonable time;
(2)
Be sent to the Department Regional office within 10 days of the decision;
(3)
Be a written determination signed by the Chairman or Secretary of
the Board;
(4)
State the specific facts which are the basis for the Board's
decision;
(5)
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;
and
(6)
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.
The following procedure shall be used by the Board in hearing
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. If none exist, other evidence may
be examined;
B.
The person contesting the boundary location shall be given a reasonable
opportunity to present arguments and technical evidence to the Board;
and
A.
The Board may, upon appeal, grant a variance from the standards of
this chapter if an applicant convincingly demonstrates that:
(1)
Literal enforcement of the chapter will cause unnecessary hardship;
(2)
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;
(3)
The 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 RFE;
(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 the ordinance.
C.
A variance shall not:
(1)
Grant, extend or increase any use 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.
(6)
Allow any alteration of an historic structure, including its use,
which would preclude its continued designation as an historic structure.
D.
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 and flood insurance premiums could
increase up to $25 per $100 of coverage. A copy shall be maintained
with the variance record.
A.
The Board shall review all data related to the appeal. This may include:
(3)
Data listed in § 238-24A(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
with the appeal.
C.
For appeals concerning increases in regional flood elevation the
Board shall:
(1)
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Article VIII; and
(2)
Grant the appeal where the Board agrees that the data properly demonstrates
that the project does not cause an increase, 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 and submits a FEMA floodproofing
certificate.
B.
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 professional engineer or architect; or
(2)
Meeting or exceeding 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;
(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.
C.
Floodproofing measures shall be designed, as appropriate 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)
Minimize or eliminate infiltration of floodwaters; and
(5)
Minimize or eliminate discharges into floodwaters.
D.
(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.