City of Watertown, WI Administration

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.

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.

Submit copies of the following items to the Department regional office:

Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments.

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.

Copies of substantial damage assessments performed and all related correspondence concerning the assessments.

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.

Submit copies of floodplain text and map amendments and biennial reports to the regional FEMA office.

§ 532-31 Building permits.

When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a building permit shall be obtained from the Zoning Administrator before any development, as defined in § 532-49, including any change in the use of an existing building or structure, is initiated.

Application. An application for a permit shall be made to the Zoning Administrator upon forms furnished and shall include the following information for the purpose of proper enforcement of these regulations:

General information.

Name, address and telephone number of applicant, property owner and contractor.

Legal description of the property and a general description of the proposed use or development indicating new construction or modification to existing structures.

Site development plan. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:

Location, dimensions, area and elevation of the lot. Also, a copy of the Wetland Inventory Map shall be provided, if applicable, with elevation noted;

Location and boundaries of wetlands;

Specifications and dimensions for areas of proposed wetland alteration;

Location of the ordinary high-water mark of any abutting navigable waterways;

Existing and proposed topographic and drainage features and vegetative cover;

Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

(g)

Location of any existing or proposed on-site sewage systems or private water supply systems;

(h)

Location and elevation of existing or future access roads;

(i)

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps used to delineate floodplain areas;

(j)

The elevation of the lot, lowest floor of proposed buildings and fill with the vertical datum from the adopted study, either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD). This will include a FEMA elevation certificate.

(k)

Data sufficient to determine the regional flood elevation at the location of the development and to determine whether or not the requirements of §§ 532-17 and 532-18 are met. This may include any of the information noted in § 532-20D.

[Amended 10-20-2020 by Ord. No. 20-24]

(l)

Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 532-16F. See also § 532-17C(1)(b).

Expiration. All permits issued under the authority of this chapter shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.

§ 532-32 Hydraulic and hydrologic studies to analyze development.

All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the state. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.

Zone A floodplains.

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.

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:

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.

Channel sections must be surveyed.

Minimum four-foot contour data in the overbanks shall be used for the development of cross-section overbank and floodplain mapping.

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.

The most current version of HEC-RAS shall be used.

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.

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.

If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.

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.

Zone AE floodplains.

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.

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:

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.

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.

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.

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.

All changes to the duplicate effective model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.

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.

Mapping. Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:

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.

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.

Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.

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.

The revised floodplain boundaries shall tie into the effective floodplain boundaries.

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.

§ 532-33 Certificates of compliance.

Except where no building or conditional use permit is required, no land shall be occupied or used and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the Zoning Administrator, subject to the following provisions:

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.

Application for such certificate shall be concurrent with the application for a permit.

The certificate of compliance shall be issued within 10 days after notification of completion of the work specified in the permit, providing the building or premises or proposed use conforms to all the provisions of the chapter.

For floodplain development, the applicant shall submit a certification signed by a registered professional engineer or professional land surveyor that the fill and lowest floor elevations are in compliance with the permit issued, including any required floodproofing. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of § 532-42 are met.

[Amended 10-4-2016 by Ord. No. 16-18; 5-2-2017 by Ord. No. 17-11]

Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of adoption of this chapter, certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this chapter. 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.

§ 532-34 Other permits.

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.

§ 532-35 Fees.

The Common Council may, by resolution, adopt fees for the following:

Building permits.

Certificates of compliance.

Public hearings.

Legal notice publications.

Conditional use permits.

§ 532-36 Plan Commission.

The Plan Commission shall:

Oversee the functions of the office of the Zoning Administrator; and

Review and make recommendations to the governing body on all proposed amendments to this chapter, maps and text.

The Plan Commission shall not:

[Amended 10-4-2016 by Ord. No. 16-18; 5-2-2017 by Ord. No. 17-11]

Grant variances to the terms of this chapter in place of action by the Zoning Board of Appeals; nor

Amend the text or zoning maps in place of official action by the governing body.

§ 532-37 Board of Appeals.

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.

Powers and duties. The Zoning Board of Appeals:

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.

May grant, upon appeal, a variance from the dimensional standards of this chapter pursuant to § 532-38.

Shall hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map pursuant to Subsection D of this section.

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.

Hearing appeals and applications for variances.

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]

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.

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:

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.

In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.

Where it is determined that the district boundary is incorrectly mapped, the Board should either inform the Plan Commission to 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.

§ 532-38 Variances.

The Zoning Board of Appeals may, upon appeal, grant a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that:

Literal enforcement of the provisions of this chapter will result in unnecessary hardship on the applicant;

The hardship is due to adoption of this chapter and special conditions exist unique to the property and not common to a group of adjacent lots or premises (in such case the Zoning Code or Map must be amended);

Such variance is not contrary to the public interest; and

Such a variance is consistent with the purpose of this chapter in § 532-3.

In addition to the criteria in Subsection A, to qualify for a variance under FEMA regulations the following criteria must be met:

The variance may not cause any increase in the regional flood elevation.

Variances can only be granted for lots that are less than 1/2 acre and are contiguous to existing structures constructed below the regional flood elevation.

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 this chapter.

A variance shall not:

Grant, extend or increase any use of property prohibited in the zoning district.

Be granted for a hardship based solely on an economic gain or loss.

Be granted for a hardship which is self-created.

Damage the rights or property values of other persons in the area.

Permit a lower degree of flood protection in any floodplain area than the flood protection elevation. In the flood-fringe area, a lower degree of flood protection than the flood protection elevation may only be allowed pursuant to § 532-27B.

(6)

Allow actions without the amendments to this chapter or map(s) required in Article VII.

(7)

Allow any alteration of a historic structure, including its use, which would preclude its continued designation as a historic structure.

When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25 per $100 of coverage. A copy shall be maintained with the variance record.

§ 532-39 Conditional use permits.

Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been reviewed and approved, following the procedures in Chapter 550 (Zoning). To secure information upon which to base its determination, the applicant may be required to furnish, in addition to the information otherwise required for a conditional use permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.

Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in this chapter, the Plan Commission shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 532-3. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion protection measures; increased side yard setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.

§ 532-40 Appeals of permit denials.

On appeal, the Common Council shall review all data constituting the basis for the appeal of permit denial. This data may include (where appropriate):

Permit application data listed in § 532-31B.

Floodway/flood-fringe determination data in § 532-20D.

Data listed in § 532-17C(1), where the applicant has not submitted this information to the Zoning Administrator.

Other data submitted to the Zoning Administrator with the permit application or submitted to the Common Council with the appeal.

The recommendation of the Plan Commission.

For appeals of all denied permits, the Common Council shall:

Follow the procedures outlined in § 532-37.

Render a decision regarding the appeal within 10 days of the public hearing, which shall be submitted to the appropriate regional office of the Department within 10 days after rendered. The final disposition of an appeal shall be in the form of a written resolution. Such resolution shall state the specific facts which are the basis of the Council's determination and shall either affirm, reverse, vary or modify the Plan Commission decision or determination appealed, in whole or in part; dismiss the appeal for lack of jurisdiction or prosecution; or grant the application for a permit.

For appeals concerning increases in regional flood elevation, the Common Council shall:

Affirm the denial where the Common Council agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.00 feet may only be allowed after amending the flood profile and map and any appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Article VII, Amendments.

[Amended 10-20-2020 by Ord. No. 20-24]

Grant the appeal where the Common Council agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.00 foot, provided no other reasons for denial exist.

§ 532-41 Public information.

Where useful, marks on bridges or buildings or other markers may be set to show the depth of inundation during the regional flood at appropriate locations within the floodplain.

All available information in the form of maps, engineering data and regulations shall be readily available in the office of the Public Works Director/City Engineer and should be widely distributed.

[Amended 7-5-2022 by Ord. No. 22-63]

All legal descriptions of property in the floodplain should include information designating the floodplain zoning classification when such property is transferred.

§ 532-42 Floodproofing.

No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequately designed to protect the structure or development to the flood protection elevation and submits a FEMA floodproofing certificate.

Floodproofing measures shall be designed, as appropriate, to:

Withstand the flood pressures, depths, velocities, uplift and impact forces, and other factors associated with the regional flood;

Assure protection of structures to the flood protection elevation;

Provide anchorage of structures to foundations to resist flotation and lateral movement;

Ensure that the structural walls and floors are watertight to the flood protection elevation and the interior remains completely dry during flooding, without human intervention;

Minimize or eliminate infiltration of floodwaters; and

(6)

Minimize or eliminate discharges into floodwaters.

For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

Certified by a registered professional engineer or architect; or

That meets or exceeds the following standards:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

The bottom of all openings shall be no higher than one foot above grade; and