City of Monroe, WI
Green County
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Table of Contents
Table of Contents

§ 5-17-1 Intent, purpose and general provisions.

[10-17-2006; 12-19-2006; 5-5-2009; 2016 Code]
(A) 
Statutory authorization. This chapter is adopted pursuant to the authorization in section 62.23 and section 87.30 of the Wisconsin statutes.
(B) 
Finding of fact. Uncontrolled development and use of the floodplains and rivers of the city would impair the public health, safety, convenience, general welfare and tax base.
(C) 
Statement of purpose. This chapter is intended to regulate floodplain development to protect life, health and property, minimize expenditures of public funds for flood control projects, minimize rescue and relief efforts undertaken at the expense of the taxpayers, minimize business interruptions and other economic disruptions, minimize damage to public facilities in the floodplain, minimize the occurrence of future flood blight areas in the floodplain, discourage the victimization of unwary land and home buyers, prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(D) 
Title. This chapter shall be known as the floodplain zoning code for Monroe, Wisconsin.
(E) 
General provisions.
(1) 
Areas to be regulated. This chapter regulates all areas within the limits of the city that would be covered by the regional flood or base flood.
(2) 
Official maps and revisions.
A) 
The boundaries of all floodplain districts are designated as floodplains or A-Zones on the following maps and the revisions in the city of Monroe floodplain appendix: Flood Insurance Rate Map, panel numbers 055045C0175G, 55045C0281G, 55045C0282G, 55045C0283G, 55045C0284G, 55045C0301G, 55045C0302G, and 55045C0303G, dated May 18, 2009; with corresponding profiles that are based on the Flood Insurance Study, number 55045CV000A, dated May 18, 2009; and
B) 
Any change to the base flood elevations in the Flood Insurance Study or on the Flood Insurance Rate Map shall be reviewed and approved by the department and FEMA before it is effective. No changes to regional flood elevations on non-FEMA maps shall be effective until approved by the department.
C) 
The zoning administrator shall maintain a file containing these maps and revisions. If more than one map or revision is referenced, the most restrictive information shall apply.
(3) 
Establishment of districts. The regional floodplain areas are divided into four districts as follows:
A) 
The floodway district (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.
B) 
The flood fringe district (FF) is that portion of the floodplain between the regional flood limits and the floodway.
C) 
The general floodplain district (GFP) is those areas that have been or may be covered by floodwater during the regional flood.
D) 
The flood storage district (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.
(4) 
Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in paragraphs A) or B) of this subsection. If a significant difference exists, the map shall be amended according to section 5-17-10. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to subsection 5-17-9(D) and the following criteria:
A) 
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional flood or base flood elevations shall govern if there are any discrepancies.
B) 
Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the department.
(5) 
Removal of lands from floodplain. Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional flood or base flood elevation, the fill is next to land outside the floodplain, and the map is amended under section 5-17-10. To remove flood insurance requirements, the property owner must contact FEMA to request a letter of map change.
(6) 
Compliance. Any development or use within the areas regulated by this chapter shall be in compliance with the terms of this chapter, and other applicable local, state, and federal regulations.
(7) 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if section 13.48(13) of the Wisconsin statutes applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin department of transportation are exempt when section 30.2022 of the Wisconsin statutes applies.
(8) 
Abrogation and greater restrictions.
A) 
This chapter supersedes all the provisions of any city zoning code enacted under section 62.23 or section 87.30 of the Wisconsin statutes, which relate to floodplains except that where another city zoning code is more restrictive than the provisions contained in this chapter, that code shall continue in effect to the extent of the greater restrictions, but not otherwise.
B) 
This chapter is not intended to repeal, abrogate or impair any deed restrictions, covenants or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(9) 
Interpretation. The interpretation and application of the provisions of this chapter shall be held to be minimum requirements liberally construed in favor of the city, and shall not be considered a limitation on or repeal of any other powers granted by the Wisconsin statutes. Where a provision of this chapter is required by a standard in chapter NR 116 of the Wisconsin administrative code, and where the chapter provision is unclear, the provision shall be interpreted in light of the chapter NR 116 standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
(10) 
Warning and disclaimer of liability. The flood protection standards in this chapter are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This chapter does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damage. Nor does this chapter create liability of, or a cause of action against, the city, or any officer or employee thereof, for any flood damage that may result from reliance on this chapter.
(11) 
Severability. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
(12) 
Annexed areas. The Green County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the city for all annexed areas until the city adopts and enforces a code which meets the requirements of Chapter NR 116 of the Wisconsin administrative code and the national flood insurance program. These annexed lands are described on the city's official zoning map. Green County floodplain zoning provisions are incorporated by reference for administering this section and are on file in the office of the zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.
(13) 
General development standards. The building inspector shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damage; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the standards set forth in this paragraph. All subdivision proposals, including mobile home parks, shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter.

§ 5-17-2 Definitions.

[10-17-2006; 2016 Code]
In this chapter:
A-ZONES
Means those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A-Zones. The A-zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
BASE FLOOD
Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a Flood Insurance Study and depicted on a Flood Insurance Rate Map.
BULKHEAD
Means a geographic line along a reach of navigable water that has been adopted as a city code and approved by the department under section 30.11 of the Wisconsin statutes, and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this chapter.
CAMPGROUND
Means any parcel of land which is designed, maintained, intended or used for sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.
CAMPING UNIT
Means any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle.
CERTIFICATE OF COMPLIANCE
Means a certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure are in compliance with all of the provisions of this chapter.
CHANNEL
Means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
CRAWLWAY
Means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
DECK
Means an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
DEPARTMENT
Means the Wisconsin department of natural resources.
DEVELOPMENT
Means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage systems or water supply facilities.
DRY LAND ACCESS
Means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
ENCROACHMENT
Means any fill, structure, equipment, building, use or development in the floodway.
EXISTING MANUFACTURED HOME PARK
Means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this chapter. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
EXPANSION TO MANUFACTURED HOME PARK
Means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
FEMA
Means the federal agency known as the federal emergency management agency that administers the National Flood Insurance Program.
FLOOD FRINGE
Means that portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.
FLOOD HAZARD BOUNDARY MAP
Means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the national flood insurance program until superseded by a flood insurance study and a flood insurance rate map.
FLOOD INSURANCE RATE MAP
Means a map of a community on which the federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by FEMA.
FLOOD INSURANCE STUDY
Means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood insurance rate maps, that accompany the flood insurance study, form the basis for both the regulatory and the insurance aspects of the National flood insurance program.
FLOOD or FLOODING
Means a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: a) the overflow or rise of inland waters; b) the rapid accumulation or runoff of surface waters from any source; or c) the sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
FLOOD PROFILE
Means a graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
FLOOD PROTECTION ELEVATION
Means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood.
FLOOD STORAGE
Means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
FLOODPLAIN
Means land which has been or may be covered by flood water during the regional flood. It includes the floodway and the flood fringe, and may include other designated floodplain areas for regulatory purposes.
FLOODPLAIN MANAGEMENT
Means policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
FLOODPLAIN ZONING VARIANCE
Means an authorization by the board of appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in this chapter.
FLOODPROOF
Means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, to reduce or eliminate flood damage.
FLOODWAY
Means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
FREEBOARD
Means a safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
HABITABLE STRUCTURE
Means any structure or portion thereof used or designed for human habitation.
HIGH FLOOD DAMAGE POTENTIAL
Means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
HISTORIC STRUCTURE
Means any structure that is either: a) listed individually in the national register of historic places or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register; b) certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or d) individually listed on city's inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the secretary of the interior; or by the secretary of the interior in states without approved programs.
INCREASE IN REGIONAL FLOOD HEIGHT
Means a calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on a comparison of existing conditions and proposed conditions which are directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
LAND USE
Means any nonstructural use made of unimproved or improved real estate.
MANUFACTURED HOME
Means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. Manufactured home includes a mobile home but does not include a mobile recreational vehicle.
MOBILE RECREATIONAL VEHICLE
Shall have the meaning set forth in section 4-2-3 of this code.
NATIONAL GEODETIC VERTICAL DATUM
Means elevations referenced to mean sea level datum, 1929 adjustment.
NEW CONSTRUCTION
Means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by the city and includes any later improvements to such structures. To determine flood insurance rates, it includes any structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any later improvements to such structures.
NORTH AMERICAN VERTICAL DATUM
Means elevations referenced to mean sea level datum, 1988 adjustment.
OBSTRUCTION TO FLOW
Means any development which blocks the conveyance of floodwaters such that this development alone or with any future development will cause an increase in regional flood eight.
OFFICIAL FLOODPLAIN ZONING MAP
Means those maps, adopted and made part of this chapter, as described in subsection 5-17-1(E)(2), which has been approved by the department and FEMA.
OPEN SPACE USE
Means those uses having a relatively low flood damage potential and not involving structures.
ORDINARY HIGH-WATER MARK
Means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
PRIVATE SEWAGE SYSTEM
Means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the department of safety and professional services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
PUBLIC UTILITIES
Means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
REASONABLY SAFE FROM FLOODING
Means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
REGIONAL FLOOD
Means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the flood insurance rate map, the regional flood elevation is equivalent to the base flood elevation.
START OF CONSTRUCTION
Means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory structure, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
SUBDIVISION
Shall have the meaning set forth in section 6-1-3 of this code.
SUBSTANTIAL DAMAGE
Means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
WATERSHED
Means the entire region contributing runoff or surface water to a watercourse or body of water.
WATER SURFACE PROFILE
Means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
WELL
Means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

§ 5-17-3 General standards applicable to all floodplain districts.

[10-17-2006; 5-5-2009; 2016 Code]
(A) 
Hydraulic and hydrologic analyses.
(1) 
No floodplain development, except as provided in subsection 5-17-3(A)(3) of this section, shall be allowed in floodplain areas which will:
A) 
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or
B) 
Increase regional flood height due to flood storage area lost, which equals or exceeds 0.01 foot.
(2) 
The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted flood insurance rate map or other adopted map, unless the provisions of subsection 5-17-3(A)(3) are met.
(3) 
Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, under section 5-17-10. Any such alterations must be reviewed and approved by FEMA and the department.
(B) 
Watercourse alterations.
(1) 
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the zoning administrator has notified in writing all adjacent municipalities, the department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained.
(2) 
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the zoning administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data under national flood insurance program guidelines that shall be used to revise the flood insurance rate map, risk premium rates and floodplain management regulations as required.
(C) 
Development under chapters 30 and 31 of the Wisconsin statutes. Development which requires a permit from the department, under chapters 30 and 31 of the Wisconsin statutes, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, base flood elevations established in the flood insurance study, or other data from the officially adopted Flood Insurance rate map, or other floodplain zoning maps or this chapter are made, under section 5-17-10.
(D) 
Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
(1) 
The campground is approved by the Wisconsin department of health services.
(2) 
A land use permit for the campground is issued by the zoning administrator.
(3) 
The character of the river system and the elevation of the campground are such that a 72-hour warning of an impending flood can be given to all campground occupants.
(4) 
There is an adequate flood warning procedure for the campground that offers the minimum notice required under this subsection to all persons in the campground. This procedure shall include a written agreement between the campground owner, the city emergency government coordinator and the chief of police which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation.
(5) 
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated by the officials identified in subsection 5-17-3(D)(4), to remain in compliance with all applicable regulations, including those of the Wisconsin department of health services and all other applicable regulations.
(6) 
Only camping units are allowed.
(7) 
The camping units may not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours.
(8) 
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section.
(9) 
The city shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section.
(10) 
All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either section 5-17-4 or 5-17-5, for the floodplain district in which the structure is located.
(11) 
The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued.
(12) 
All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, private sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

§ 5-17-4 Floodway district (FW).

[10-17-2006; 2016 Code]
(A) 
Applicability. This section applies to all floodway areas on the official floodplain zoning maps and those identified under section 5-17-6(D).
(B) 
Permitted uses. The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if they are not prohibited by any other code; they meet the standards in section 5-17-4(C) and 5-17-4(D); and all permits or certificates have been issued according to section 5-17-9(B):
(1) 
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
(2) 
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
(3) 
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of section 5-17-4(C)(4).
(4) 
Uses or structures accessory to open space uses, or classified as historic structures that comply with sections 5-17-4(C) and 5-17-4(D) of this chapter.
(5) 
Extraction of sand, gravel or other materials that comply with section 5-17-4(C)(4).
(6) 
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chapters 30 and 31 of the Wisconsin statutes.
(7) 
Public utilities, streets and bridges that comply with section 5-17-4(C)(3).
(C) 
Standards for developments in floodway areas.
(1) 
General.
A) 
Any development in floodway areas shall comply with section 5-17-3 and have a low flood damage potential.
B) 
Applicants shall provide the following data to determine the effects of the proposal according to section 5-17-3(A):
1) 
A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
2) 
An analysis calculating the effects of this proposal on regional flood height.
C) 
The zoning administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for subsection 5-17-4(C)(1)B).
(2) 
Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
A) 
The structure is not designed for human habitation and does not have a high flood damage potential;
B) 
The structure must be anchored to resist flotation, collapse and lateral movement;
C) 
The structure's mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
D) 
The structure must not obstruct the flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
(3) 
Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
A) 
Adequate floodproofing measures are provided to the flood protection elevation; and
B) 
Construction meets the development standards of section 5-17-3(A).
(4) 
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
A) 
The requirements of section 5-17-3(A) are met;
B) 
No material is deposited in the navigable channel unless a permit is issued by the department pursuant to Chapter 30 of the Wisconsin statutes, and a permit under section 404 of the federal water pollution control act, amendments of 1972 (33 U.S.C. 1344) has been issued, if applicable, and the other requirements of this section are met;
C) 
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
D) 
The fill is not classified as a solid or hazardous material.
(D) 
Prohibited uses. All uses not listed as permitted uses in section 5-17-4(B) are prohibited, including the following uses:
(1) 
Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
(2) 
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
(3) 
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
(4) 
Any private or public sewage systems, except portable latrines that are removed before flooding and systems associated with recreational areas and department-approved campgrounds that meet the applicable provisions of local codes and chapter SPS 383 of the Wisconsin administrative code;
(5) 
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local codes and chapters NR 811 and NR 812 of the Wisconsin administrative code;
(6) 
Any solid or hazardous waste disposal sites;
(7) 
Any wastewater treatment ponds or facilities, except those permitted under section NR 110.15(3)(b) of the Wisconsin administrative code; or
(8) 
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

§ 5-17-5 Flood fringe district (FF).

[10-17-2006; 2016 Code]
(A) 
Applicability. This section applies to all flood fringe areas shown on the official floodplain zoning maps and those identified under section 5-17-6(D).
(B) 
Permitted uses. Any structure, land use, or development is allowed in the flood fringe district if the standards in section 5-17-5(C) are met, the use is not prohibited by this or any other code or regulation and all permits or certificates specified in section 5- 15-9(B) have been issued.
(C) 
Standards for development in flood fringe areas. Section 5-17-3(A) shall apply in addition to the following requirements according to the use requested:
(1) 
Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the flood fringe area, shall meet or exceed the following standards:
A) 
The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The department may authorize other floodproofing measures if the elevations of streets or sewer lines make compliance impractical.
B) 
The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation.
C) 
Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in subsection 5-17-5(C)(1)D).
D) 
In developments where street or sewer line elevations make compliance with subsection 5-17-5(C)(1)C) impractical, the city may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
1) 
The city has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
2) 
The city has a natural disaster plan approved by Wisconsin emergency management and the department.
(2) 
Accessory structures or accessory uses.
A) 
Except as provided in subsection 5-17-5(C)(2)B), an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
B) 
An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of subsection 5-17-4(C)(2)A)-D) and subsection 5-17-5(C)(5).
(3) 
Commercial uses. Any commercial structure which is erected, altered or moved into the flood fringe area shall meet the requirements of subsection 5-17-5(C)(1). Subject to the requirements of subsection 5-17-5(C)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(4) 
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood fringe area shall be protected to the flood protection elevation using fill, levees, flood walls, or other floodproofing measures in section 5-17-9(F). Subject to the requirements of subsection 5-17-5(C)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(5) 
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with section 5-17-9(F). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
(6) 
Public utilities, streets and bridges. All public utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and
A) 
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are considered essential, construction of substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with section 5-17-9(F) to the flood protection elevation.
B) 
Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
(7) 
Sewage systems. All on-site sewage disposal systems shall be floodproofed, under section 5-17-9(F), to the flood protection elevation and shall meet the provisions of all local codes and chapter SPS 383 of the Wisconsin administrative code.
(8) 
Wells. All wells shall be floodproofed, under section 5-17-9(F), to the flood protection elevation and shall meet the provisions of chapters NR 811 and NR 812 of the Wisconsin administrative code.
(9) 
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in flood fringe areas.
(10) 
Deposition of materials. Any deposited material must meet all the provisions of this chapter.
(11) 
Manufactured homes.
A) 
Owners or operators of all manufactured home parks shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
B) 
In manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
1) 
Have the lowest floor elevated to the flood protection elevation; and
2) 
Be anchored so they do not float, collapse or move laterally during a flood.
C) 
Outside of manufactured home parks, including expansion to manufactured home parks and all single units outside of manufactured home parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the flood fringe in section 5-17-5(C)(1).
(12) 
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in section 5-17-5(C)(11)B) and C). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

§ 5-17-6 General floodplain district (GFP).

[10-17-2006; 2016 Code]
(A) 
Applicability. The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and flood fringe districts shall be delineated when adequate data is available.
(B) 
Permitted uses. Under section 5-17-6(D), it shall be determined whether the proposed use is located within a floodway or flood fringe area. Those uses permitted in section 5-17-4(B) and section 5-17-5(B) are allowed within the general floodplain district, according to the standards of section 5-17-6(C), if all permits or certificates required under section 5-17-9(B) have been issued.
(C) 
Standards for development in the general floodplain district. Once it is determined according to section 5-17-6(D) that a proposed use is located within a floodway, the provisions of section 5-17-4 shall apply. Once it is determined according to section 5-17-6(D) that a proposed use is located within the flood fringe, the provisions of section 5-17-5 shall apply. All provisions of the remainder of this chapter apply to either district.
(D) 
Determining floodway and flood fringe limits. Upon receiving an application for development within the general floodplain district, the zoning administrator shall:
(1) 
Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a 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 information considered necessary by the department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:
A) 
A typical valley cross-section showing the stream channel, 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 layout 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, water supply and sanitary facilities.
(3) 
Transmit one copy of the information described in subsection 5-17-6(D)(2)A) and B) to the department regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of section 5-17-9(B)(2)C) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

§ 5-17-7 Flood storage district.

[10-17-2006; 5-5-2009; 2016 Code]
(A) 
General. The Flood Storage District delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.
(B) 
Applicability. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the Official Floodplain Zoning Maps.
(C) 
Permitted uses. Any use or development which occurs in a Flood Storage District must meet the applicable requirements in section 5-17-5(C).
(D) 
Standards for development in flood storage districts:
(1) 
Development in a flood storage district shall not cause an increase equal or greater than 0.01 of a foot in the height of the regional flood.
(2) 
No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage.
(3) 
If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as Flood Storage District is rezoned to the Flood fringe District. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per section 5-17-10(A) of this chapter.
(4) 
No area may be removed from the Flood Storage District unless it can be shown that the area has been filled to the flood protection elevation and is next to other lands lying outside of the floodplain.

§ 5-17-8 Nonconforming uses.

[10-17-2006; 5-5-2009; 2016 Code]
(A) 
General.
(1) 
Applicability. If these standards conform to section 62.23(7)(h) of the Wisconsin statutes, they shall apply to all modifications or additions to any nonconforming use or nonconforming structure and to the use of any structure or premises which was lawful before the passage of this chapter or any amendment thereto.
(2) 
The lawful use of a structure or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions:
A) 
No modifications or additions to a nonconforming use or a nonconforming structure shall be permitted unless they comply with this chapter.
1) 
The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such use, structure, accessory structure or accessory use.
2) 
Ordinary maintenance repairs are not considered an extension, modification or addition; these include painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure.
3) 
The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck to provide safe ingress and egress to the principal structure.
B) 
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this chapter.
C) 
The city shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.
D) 
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 5-17-5(C)(1). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this paragraph.
E) 
Except as provided in subsection F) of this section, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current Chapter requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equal or exceeds 50 percent of the structure's present equalized assessed value.
F) 
For nonconforming buildings that are damaged or destroyed by a non-flood disaster, the repair or reconstruction of any such nonconforming building may be permitted to restore it after the non-flood disaster, if the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44 CFR Part 60), or the regulations promulgated there under.
G) 
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with section 5-17-4(C)(1), flood resistant materials are used, and construction practices and floodproofing methods that comply with section 5-17-9(F) are used.
(B) 
Floodway areas.
(1) 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:
A) 
Has been granted a permit or floodplain zoning variance which meets all the requirements of this chapter;
B) 
Meets the requirements of section 5-17-8(A);
C) 
Will not increase the obstruction to flood flows or regional flood height;
D) 
Any addition to the structure shall be floodproofed, under section 5-17-9(F), by means other than the use of fill, to the flood protection elevation; and
E) 
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1) 
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
2) 
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3) 
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
4) 
The use must be limited to parking or limited storage.
(2) 
No new on-site sewage disposal system, or addition to an on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an on-site sewage disposal system in a floodway area shall meet the applicable requirements of this code and chapter SPS 383 of the Wisconsin administrative code.
(3) 
No new well, or modification to a well, used to obtain potable water shall be allowed in a floodway area. Any replacement, repair or maintenance of a well in a floodway area shall meet the applicable requirements of this code and chapters NR 811 and NR 812 of the Wisconsin administrative code.
(C) 
Flood fringe areas.
(1) 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or floodplain zoning variance by the city, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in section 5-17-5(C) and section 5-17-9(F), except where section 5-17-8(C)(2) applies.
(2) 
Where compliance with the provisions of subsection 5-17-8(C)(1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of appeals, using the procedures established in section 5-17-9(D), may grant a floodplain zoning variance from those provisions of subsection 5-17-8(C)(1) for modifications or additions, using the criteria listed in this subsection. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
A) 
No floor is allowed below the regional flood elevation for residential or commercial structures;
B) 
Human lives are not endangered;
C) 
Public facilities, such as water or sewer, will not be installed;
D) 
Flood depths will not exceed two feet;
E) 
Flood velocities will not exceed two feet per second; and
F) 
The structure will not be used for storage of materials as described in section 5-17-5(C)(6).
(3) 
If neither the provisions of subsection 5-17-8(C)(1) or 5-17-8(C)(2) can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood fringe, if the addition:
A) 
Meets all other regulations and will be granted by permit or floodplain zoning variance;
B) 
Does not exceed 60 square feet in area; and
C) 
In combination with other previous modifications or additions to the building, does not equal or exceed 50 percent of the present equalized assessed value of the building.
(4) 
All new private sewage systems, or addition to, replacement, repair or maintenance of a private sewage system shall meet all the applicable provisions of all local codes and chapter SPS 383 of the Wisconsin administrative code.
(5) 
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter and chapters NR 811 and NR 812 of the Wisconsin administrative code.
(D) 
Flood storage areas.
(1) 
No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in section 5-17-7(D) are met.

§ 5-17-9 Administration.

[10-17-2006; 5-5-2009; 2016 Code]
(A) 
General. The zoning administrator shall administer the provisions of this chapter.
(B) 
Zoning administrator.
(1) 
The zoning administrator shall have the following duties and powers:
A) 
Advise applicants of the provisions of this chapter, 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 and perform a substantial damage assessment to determine if substantial damage to the structures 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 for floodplain development.
3) 
Records of water surface profiles, floodplain zoning maps and codes, nonconforming uses and nonconforming structures including changes, appeals, floodplain zoning variances and amendments.
4) 
All substantial damage assessment reports for floodplain structures.
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 floodplain zoning 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.
F) 
Investigate, prepare reports, and report violations of this chapter to the city plan commission and city 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.
(2) 
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. Application to the zoning administrator shall include:
A) 
General information.
1) 
Name and address of the applicant, property owner and contractor.
2) 
Legal description, proposed use, and whether it is new construction or a modification.
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 on-site private 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 vertical datum from either the National Geodetic Vertical Datum or the North American Vertical Datum studies;
8) 
Data sufficient to determine the regional flood elevation in the National Geodetic Vertical Datum or the North American Vertical Datum at the location of the development and to determine whether or not the requirements of section 5-17-4 or section 5-17-5 are met; and
9) 
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to section 5-17-3(A). This may include any of the information noted in section 5-17-4(C)(1).
C) 
Data requirements to analyze developments.
1) 
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, and other proposed developments exceeding five acres in area or where the estimated cost exceeds $125,000. The applicant shall provide:
A. 
An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity;
B. 
A map showing location and details of vehicular access to lands outside the floodplain; and
C. 
A surface drainage plan showing how flood damage will be minimized.
2) 
The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs.
D) 
Expiration. All permits issued under the authority of this chapter shall expire one year from the date of issuance.
(3) 
Certificate of compliance. No land shall be occupied or used, and no building which is 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 chapter 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 registered architect that floodproofing measures meet the requirements of section 5-17-9(F).
(4) 
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.
(C) 
City plan commission.
(1) 
The city plan commission shall:
A) 
Oversee the functions of the office of the zoning administrator; and
B) 
Review and advise the council on all proposed amendments to this chapter, maps and text.
(2) 
The city plan commission shall not:
A) 
Grant floodplain zoning variances to the terms of the chapter in place of action by the board of appeals; or
B) 
Amend the text or zoning maps in place of official action by the council.
(D) 
Board of appeals. The board of appeals, created under section 62.23(7)(e) of the Wisconsin statutes, is hereby authorized or shall be appointed to act 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 of appeals.
(1) 
Powers and duties. The board of appeals shall:
A) 
Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator or any other administrative official in the enforcement or administration of this chapter.
B) 
Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.
C) 
Hear and decide, upon appeal, floodplain zoning variances from the standards of this chapter.
(2) 
Appeals to the board of appeals.
A) 
Appeals to the board of appeals may be taken by any person aggrieved, or by any officer, department or board of the city 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 of appeals, by filing with the official whose decision is in question, and with the 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 of appeals all records regarding the matter appealed.
B) 
Notice and hearing for appeals including floodplain zoning variances.
1) 
Notice. The board of appeals 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; and
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.
2) 
Hearing. Any party may appear in person or by agent. The board of appeals shall:
A. 
Resolve boundary disputes according to section 5-17-9(D)(3).
B. 
Decide floodplain zoning variance applications according to section 5-17-9(D)(4).
C. 
Decide appeals of permit denials according to section 5-17-9(D).
C) 
Decision. The final decision regarding the appeal or floodplain zoning 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 chairperson or secretary of the board of appeals.
4) 
State the specific facts which are the basis for the board of appeal'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 floodplain zoning variance application.
6) 
Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a floodplain zoning variance, clearly stated in the recorded minutes of the board of appeals proceedings.
(3) 
Boundary disputes. The following procedure shall be used by the board of appeals in hearing disputes concerning floodplain district boundaries as shown on the official floodplain zoning map:
A) 
Where 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) 
In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the board of appeals.
C) 
Where it is determined that the boundary is incorrectly mapped, the board of appeals should inform the zoning administrator or the person contesting the boundary location to petition the council for a map amendment according to section 5-17-10.
(4) 
Floodplain zoning variance.
A) 
The board of appeals may, upon appeal, grant a floodplain zoning variance from the standards of this chapter if an applicant convincingly demonstrates that:
1) 
Literal enforcement of the chapter provisions will cause an unnecessary hardship;
2) 
The hardship is due to adoption of this chapter and unique property conditions, not common to adjacent lots or premises. In such case the chapter or map must be amended;
3) 
The floodplain zoning variance is not contrary to the public interest; and
4) 
The floodplain zoning variance is consistent with the purpose of this chapter in section 5-17-1(C).
B) 
In addition to the criteria in subsection 5-17-9(D)(4)A), to qualify for a floodplain zoning variance under FEMA regulations, the following criteria must be met:
1) 
The floodplain zoning variance may not cause any increase in the regional flood elevation;
2) 
Floodplain zoning variances can only be granted for lots that are less than one-half acre and are next to existing structures constructed below the regional flood elevation; and
3) 
Floodplain zoning 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 chapter.
C) 
A floodplain zoning 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.
5) 
Allow actions without the amendments to this chapter or map(s) required in section 5-17-10(A).
6) 
Allow any alteration of a historic structure, including its use, which would preclude its continued designation as a historic structure.
D) 
When a floodplain zoning variance is granted the board of appeals 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 floodplain zoning variance record.
(E) 
To review appeals of permit denials.
(1) 
The city plan commission or board of appeals shall review all data related to the appeal. This may include:
A) 
Permit application data listed in section 5-17-9(B)(2).
B) 
Floodway/flood fringe determination data in section 5-17-6(D).
C) 
Data listed in section 5-17-4(C)(1)B) where the applicant has not submitted this information to the zoning administrator.
D) 
Other data submitted with the application, or submitted to the board of appeals with the appeal.
(2) 
For appeals of all denied permits the board of appeals shall:
A) 
Follow the procedures of section 5-17-9(D);
B) 
Consider city plan commission recommendations; and
C) 
Either uphold the denial or grant the appeal.
(3) 
For appeals concerning increases in regional flood elevation the board of appeals shall:
A) 
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.
B) 
Grant the appeal where the board of appeal 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.
(F) 
Floodproofing.
(1) 
No permit or floodplain zoning 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.
(2) 
Floodproofing measures shall be designed to:
A) 
Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
B) 
Protect structures to the flood protection elevation;
C) 
Anchor structures to foundations to resist flotation and lateral movement; and
D) 
Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.
(3) 
Floodproofing measures could include:
A) 
Reinforcing walls and floors to resist rupture or collapse caused by water pressure or floating debris.
B) 
Adding mass or weight to prevent flotation.
C) 
Placing essential utilities above the flood protection elevation.
D) 
Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures.
E) 
Constructing water supply wells and waste treatment systems to prevent the entry of flood waters.
F) 
Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.
(G) 
Public information.
(1) 
Where useful, marks on structures may be set to show the depth of inundation during the regional flood at appropriate locations within the floodplain.
(2) 
All available information in the form of maps, engineering data and regulations shall be readily available and should be widely distributed.
(3) 
All legal descriptions of property in the floodplain should include information relative to the floodplain zoning classification when such property is transferred.

§ 5-17-10 Amendments.

[10-17-2006; 2016 Code]
(A) 
General. The council may change or supplement the floodplain zoning district boundaries and this chapter in the manner provided by law. Actions which require an amendment include, but are not limited to, the following:
(1) 
Any change to the Official Floodplain Zoning Map, including the floodway line or boundary of any floodplain area.
(2) 
Correction of discrepancies between the water surface profiles and floodplain zoning maps.
(3) 
Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is next to land lying outside the floodplain.
(4) 
Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more.
(5) 
Any upgrade to a floodplain zoning code required by section NR 116.05 of the Wisconsin administrative code, or otherwise required by law, or for changes by the city.
(6) 
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood fringe that is based on a base flood elevation from a flood insurance rate map requires prior approval by FEMA.
(B) 
Procedures. Amendments to this chapter may be made upon petition of any interested party according to the provisions of section 62.23 of the Wisconsin statutes. Such petitions shall include all necessary data required by section 5-17-6(D) and section 5-17-9(B)(2).
(1) 
Copies of any proposed amendment shall be referred to the city plan commission and judiciary and ordinance review committee for recommendation to the council and public hearing. Copies of the proposed amendment and notice of the public hearing shall be submitted to the appropriate district office of the department for review before the hearing. The amendment procedure shall comply with the provisions of section 62.23 of the Wisconsin statutes.
(2) 
No amendment to the maps or this chapter shall become effective until reviewed and approved by the department.
(3) 
All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the council.
(4) 
For amendments in areas with no water surface profiles, the city plan commission or board of appeals shall consider data submitted by the department, the zoning administrator's visual on-site inspections and other available information.

§ 5-17-11 Enforcement and penalties.

[10-17-2006; 2016 Code]
A person who violates any provision of this chapter shall upon conviction be subject to a Class 1 forfeiture. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the city, the state, or any citizen thereof under section 87.30 of the Wisconsin statutes.