Where a zoning administrator, planning agency or a board of
adjustment/appeals has already been appointed to administer a zoning
ordinance adopted under § 62.23(7), Wis. Stats., these officials
shall also administer this chapter.
The Zoning Administrator shall have the following duties and
powers:
A. Advise applicants as to the provisions of this chapter, assist them
in preparing permit applications and appeal forms, and ensure that
the regional flood elevation is shown on permit applications where
appropriate.
B. Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
C. Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structure
has occurred.
D. Keep records of all official actions, such as:
(4) Floodproofing certificates.
(5) Documentation of certified lowest floor and regional flood elevations
for floodplain development.
(6) Records of water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures, including changes, appeals, variances
and amendments.
(7) All substantial damage assessment reports for floodplain structures.
(8) List of nonconforming structures and uses.
E. Have access to any structure or premises between the hours of 8:00
a.m. and 6:00 p.m. for the purpose of performing these duties.
F. 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 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.
G. Investigate, prepare reports, and report violations of this chapter
to the appropriate municipal planning agency and the City Attorney
for prosecution. Copies of the violation reports shall also be sent
to the Department regional office.
H. Submit copies of floodplain text and map amendments and biennial
reports to the regional FEMA office.
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 Department.
A. Zone A floodplains.
(1) Hydrology. The appropriate method shall be based on the standards
in § NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
(2) Hydraulic modeling. The regional flood elevation shall be based on
the standards in § NR 116.07(4), Wis. Adm. Code, Hydraulic
Analysis: Determination of the Regional Flood Elevation, and the following:
(a)
Determination of the required limits of the hydraulic model
shall be based on detailed study information for downstream structures
(dam, bridge and culvert) to determine adequate starting WSEL for
the study.
(b)
Channel sections must be surveyed.
(c)
Minimum four-foot contour data in the overbanks shall be used
for the development of cross-section overbank and floodplain mapping.
(d)
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.
(e)
The most current version of HEC-RAS shall be used.
(f)
A survey of bridge and culvert openings and the top of road
is required at each structure.
(g)
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.
(h)
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.
(i)
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.
(3) 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.
(a)
If the proposed development is located outside of the floodway,
then it is determined to have no impact on the regional flood elevation.
(b)
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.
B. Zone AE floodplains.
(1) Hydrology. If the proposed hydrology will change the existing study,
the appropriate method to be used shall be based on § NR
116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination of Regional
Flood Discharge.
(2) Hydraulic model. The regional flood elevation shall be based on the
standards in § NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis:
Determination of the Regional Flood Elevation, and the following:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
All changes to the duplicate effective model and subsequent
models must be supported by certified topographic information, bridge
plans, construction plans and survey notes.
(f)
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 top
widths 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.
(3) Mapping. Maps and associated engineering data shall be submitted
to the Department for review which meet the following conditions:
(a)
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, and bridge plans.
(b)
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.
(c)
Annotated FIRM panel showing the revised 1% and 0.2% annual
chance floodplains and floodway boundaries.
(d)
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.
(e)
The revised floodplain boundaries shall tie into the effective
floodplain boundaries.
(f)
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.
(g)
Both the current and proposed floodways shall be shown on the
map.
(h)
The stream center line or profile baseline used to measure stream
distances in the model shall be visible on the map.
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 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 Common Council may, by resolution, adopt fees for the following:
B. Certificates of compliance.
D. Legal notice publications.
The appropriate board created under § 62.23(7)(e),
Wis. Stats., is hereby authorized or shall be appointed to act as
the Zoning Board of Appeals 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.
A. Powers and duties. The Zoning Board of Appeals:
(1) Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
(2) May grant, upon appeal, a variance from the dimensional standards of this chapter pursuant to §
532-38.
(3) Shall hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map pursuant to Subsection
D of this section.
B. Appeals to the Board. Appeals to the Zoning Board of Appeals may
be taken by any person aggrieved or by an officer, department, board
or bureau of the City affected by any order, requirement, decision
or determination of the official whose decision is in question. Such
appeal shall be taken within 30 days, as provided by the rules of
the Board, by filing with the official whose decision is in question
and with the Zoning 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 all the documents constituting the record
concerning the matter appealed.
C. Hearing appeals and applications for variances.
(1) Notice and hearing. The Board of Appeals shall fix a reasonable time for a hearing on the appeal or application. The Board shall give public notice by publishing a Class 1 notice under Ch. 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the Board. Notice shall be mailed to the parties in interest. Written notice shall be given to the appropriate regional office of the Department at least 10 days prior to hearings on proposed variances and appeals for map or text interpretations. At the public hearing, any party may appear in person or by agent or attorney. The Board shall resolve boundary disputes, decide variance applications, and decide appeals of permit denials in accordance with §§
532-37D,
532-38, and
532-40.
[Amended 10-20-2020 by Ord. No. 20-24]
(2) Decision. A decision regarding the appeal or application shall be
made as soon as practical. Copies of all decisions on variances and
appeals for map or text interpretations shall be submitted to the
appropriate regional office of the Department within 10 days after
they are granted or denied. The final disposition of an appeal or
application to the Zoning Board of Appeals shall be in the form of
a written resolution or order signed by the Chairperson and Secretary
of the Board. Such resolution shall state the specific facts which
are the basis of the Board's determination and shall 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 prosecution; or grant the application, including the reasons or
justifications for granting an appeal, with a description of the hardship
or practical difficulty demonstrated by the applicant, in the case
of a variance, clearly stated in the recorded minutes of the Board
proceedings.
D. Boundary disputes. The following procedure shall be used by the Zoning
Board of Appeals in hearing disputes concerning the district boundaries
shown on the Official Floodplain Zoning Map:
(1) Where a floodplain district boundary is established by approximate
or detailed floodplain studies, the regional flood elevations or profiles
for the point in question shall be the governing factor in locating
the district boundary. If no regional flood elevations or profiles
are available to the Board, other available evidence may be examined.
(2) In all cases, the person contesting the location of the district
boundary shall be given a reasonable opportunity to present arguments
and technical evidence to the Zoning Board of Appeals.
(3) Where it is determined that the district boundary is incorrectly mapped, the Board should either inform the Plan Commission to petition the City or inform the person contesting the location of the boundary to petition the City for a map amendment. See also Article
VII.