Where a Zoning Administrator, planning agency
or a Board of Adjustment/Appeals has already been appointed to administer
a zoning ordinance adopted under §§ 59.69, 59.692 or
62.23(7), Wis. Stats., these officials shall also administer this
chapter.
A.
The Zoning Administrator is authorized to administer
this chapter and shall have the following duties and powers:
(1)
Advise applicants of the ordinance provisions, assist
in preparing permit applications and appeals, and assure that the
regional flood elevation for the proposed development is shown on
all permit applications.
(2)
Issue permits and inspect properties for compliance
with provisions of this chapter and issue certificates of compliance
where appropriate.
(3)
Inspect all damaged floodplain structures and perform
a substantial damage assessment to determine if substantial damage
to the structures has occurred.
(4)
Keep records of all official actions such as:
(a)
All permits issued, inspections made, and work
approved;
(b)
Documentation of certified lowest floor and
regional flood elevations for floodplain development;
(c)
Records of water surface profiles, Floodplain
Zoning Maps and ordinances, nonconforming uses and structures including
changes, appeals, variances and amendments.
(d)
All substantial damage assessment reports for
floodplain structures.
(5)
Submit copies of the following items to the Department
regional office:
(a)
Within 10 days of the decision, a copy of any
decisions on variances, appeals for map or text interpretations, and
map or text amendments;
(b)
Copies of any case-by-case analyses and any
other information required by the department, including an annual
summary of the number and types of floodplain zoning actions taken.
(c)
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments. (Note:
Information on conducting substantial damage assessments is available
on the DNR Web site, http://dnr.wi.gov/org/water/wm/dsfm/flood/title.htm.)
(6)
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.
(7)
Submit copies of text and map amendments and biennial
reports to the FEMA regional office.
B.
Land use permit. A land use permit shall be obtained
before any new development or any structural 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:
(2)
Site development plan. A site plan drawn to scale
shall be submitted with the permit application form and shall contain:
(a)
Location, dimensions, area and elevation of
the lot;
(b)
Location of the ordinary high-water mark of
any abutting navigable waterways;
(c)
Location of any structures with distances measured
from the lot lines and street center lines;
(d)
Location of any existing or proposed on site
sewage systems or private water supply systems;
(e)
Location and elevation of existing or future
access roads;
(f)
Location of floodplain and floodway limits as
determined from the Official Floodplain Zoning Maps;
(g)
The elevation of the lowest floor of proposed
buildings and any fill using the vertical datum from the adopted study,
either National Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
(3)
Data requirements to analyze developments. The applicant
shall provide all survey data and computations required to show the
effects of the project on flood heights, velocities and floodplain
storage, for all subdivision proposals, as "subdivision" is defined
in Ch. 236, Wis. Stats., and other proposed developments exceeding
5 acres in area or where the estimated cost exceeds $125,000.
(4)
Expiration. All permits issued under the authority
of this chapter shall expire 365 days after issuance.
C.
Certificate of compliance. No land shall be occupied
or used, and no building which is hereafter constructed, altered,
added to, modified, repaired, rebuilt or replaced shall be occupied
until a certificate of compliance is issued by the Zoning Administrator,
except where no permit is required, subject to the following provisions:
(1)
The certificate of compliance shall show that the
building or premises or part thereof, and the proposed use, conform
to the provisions of this chapter;
(2)
Application for such certificate shall be concurrent
with the application for a permit;
(3)
If all ordinance provisions are met, the certificate
of compliance shall be issued within 10 days after written notification
that the permitted work is completed;
(4)
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing measures meet the requirements of § 251-29.
D.
Other permits. The applicant must secure all necessary
permits from federal, state, and local agencies, including those required
by the United States Army Corps of Engineers under Section 404 of
the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C.
§ 1344.
The Board of Appeals, created under § 59.694,
Wis. Stats., for counties, or § 62.23(7)(e), Wis. Stats.,
for cities or villages, is hereby authorized or shall be appointed
to act for the purposes of this chapter. The Board shall exercise
the powers conferred by Wisconsin Statutes and adopt rules for the
conduct of business. The Zoning Administrator may not be the Secretary
of the Board.
A.
Powers and duties. The Board of Appeals shall:
(1)
Appeals: hear and decide appeals where it is alleged
there is an error in any order, requirement, decision or determination
made by an administrative official in the enforcement or administration
of this chapter.
(2)
Boundary disputes: hear and decide disputes concerning
the district boundaries shown on the Official Floodplain Zoning Map.
(3)
Variances: hear and decide, upon appeal, variances
from the ordinance standards.
B.
Appeals to the Board.
(1)
Appeals to the Board may be taken by any person aggrieved,
or by any officer or department of the municipality affected by any
decision of the Zoning Administrator or other administrative officer.
Such appeal shall be taken within 30 days unless otherwise provided
by the rules of the Board, by filing with the official whose decision
is in question, and with the Board, a notice of appeal specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
(2)
Notice and hearing for appeals including variances.
(a)
Notice. The Board shall:
[1]
Fix a reasonable time for the hearing;
[2]
Publish adequate notice pursuant to Wisconsin
Statutes, specifying the date, time, place and subject of the hearing;
[3]
Assure that notice shall be mailed to the parties
in interest and the Department regional office at least 10 days in
advance of the hearing.
(3)
Decision. The final decision regarding the appeal
or variance application shall:
(a)
Be made within a reasonable time;
(b)
Be sent to the Department regional office within
10 days of the decision;
(c)
Be a written determination signed by the Chairman
or Secretary of the Board;
(d)
State the specific facts which are the basis
for the Board's decision;
(e)
Either affirm, reverse, vary or modify the order,
requirement, decision or determination appealed, in whole or in part,
dismiss the appeal for lack of jurisdiction or grant or deny the variance
application;
(f)
Include the reasons for granting an appeal,
describing the hardship demonstrated by the applicant in the case
of a variance, clearly stated in the recorded minutes of the Board
proceedings.
C.
Boundary disputes. The following procedure shall be
used by the Board in hearing disputes concerning floodplain district
boundaries:
(1)
If a floodplain district boundary is established by
approximate or detailed floodplain studies, the flood elevations or
profiles shall prevail in locating the boundary. If none exist, other
evidence may be examined.
(2)
In all cases, the person contesting the boundary location
shall be given a reasonable opportunity to present arguments and technical
evidence to the Board.
D.
Variance.
(1)
The Board may, upon appeal, grant a variance from
the standards of this chapter if an applicant convincingly demonstrates
that:
(a)
Literal enforcement of the chapter provisions
will cause unnecessary hardship;
(b)
The hardship is due to adoption of the Floodplain
Ordinance and unique property conditions, not common to adjacent lots
or premises. In such case the ordinance or map must be amended;
(c)
The variance is not contrary to the public interest;
and
(2)
In addition to the criteria in Subsection D(1), to qualify for a variance under FEMA regulations, the following criteria must be met:
(a)
The variance may not cause any increase in the
regional flood elevation;
(b)
Variances can only be granted for lots that
are less than one-half acre and are contiguous to existing structures
constructed below the RFE;
(c)
Variances shall only be granted upon a showing
of good and sufficient cause, shall be the minimum relief necessary,
shall not cause increased risks to public safety or nuisances, shall
not increase costs for rescue and relief efforts and shall not be
contrary to the purpose of the chapter.
(3)
A variance shall not:
(a)
Grant, extend or increase any use prohibited
in the zoning district.
(b)
Be granted for a hardship based solely on an
economic gain or loss.
(c)
Be granted for a hardship which is self created.
(d)
Damage the rights or property values of other
persons in the area.
(f)
Allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
(4)
When a floodplain variance is granted, the Board shall
notify the applicant in writing that it may increase flood insurance
premiums and risks to life and property. A copy shall be maintained
with the variance record.
A.
The zoning agency (§ 251-26) or Board shall review all data related to the appeal. This may include:
(3)
Data listed in § 251-12A(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 equal to or
greater than 0.01 foot may only be allowed after amending the flood
profile and map and all appropriate legal arrangements are made with
all adversely affected property owners.
(2)
Grant the appeal where the Board agrees that the data
properly demonstrates that the project does not cause an increase
equal to or greater than 0.01 foot provided no other reasons for denial
exist.
A.
No permit or variance shall be issued until the applicant
submits a plan certified by a registered professional engineer or
architect that the floodproofing measures will protect the structure
or development to the flood protection elevation.
B.
Floodproofing measures shall be designed to:
(1)
Withstand flood pressures, depths, velocities, uplift
and impact forces and other regional flood factors;
(2)
Protect structures to the flood protection elevation;
(3)
Anchor structures to foundations to resist flotation
and lateral movement; and
(4)
Ensure that structural walls and floors are watertight
to the flood protection elevation and that the interior remains completely
dry during flooding without human intervention.
C.
Floodproofing measures could include:
(1)
Reinforcing walls and floors to resist rupture or
collapse caused by water pressure.
(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.
