Where a zoning administrator, planning agency, Board of Appeals, or other official has been appointed to administer a zoning ordinance adopted under § 62.23(7), Wis. Stats., these officials shall also administer this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Planning Commission is hereby authorized to administer the provisions of this chapter and shall have the following duties and powers:
A. 
Advise applicants of the provisions of this chapter, assist them in preparing permit applications and appeal forms, and ensure that the regional flood elevation for the proposed development is shown on all permit applications.
B. 
Issue permits and certificates of compliance and inspect properties for compliance with this chapter.
C. 
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 ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
D. 
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.
E. 
Submit the following items to the Department district office:
(1) 
Within 10 days of the decision, a copy of any decisions on variances, appeals for a map or text interpretation, 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.
F. 
Investigate, prepare reports, and report violations of this chapter to the appropriate municipal planning agency and the municipal attorney for prosecution. Copies of the violation reports shall also be sent to the Department district office.
G. 
Submit copies of floodplain text and map amendments and biennial reports to the regional FEMA office.
A. 
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a land use/zoning permit shall be obtained from the zoning administrator before any new development, as defined in § 152-39, or any change in the use of an existing building or structure, including sewage disposal systems and water supply facilities, may be initiated.
B. 
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:
(1) 
General information.
(a) 
Name, address, and telephone number of applicant, property owner and contractor-builder.
(b) 
Legal description of the property and a general description of the proposed use or development indicating new construction or modification to existing structures.
(2) 
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:
(a) 
Location, dimensions, area and elevation of the lot noted on a copy of the Wetland Inventory Map, if applicable;
(b) 
Location and boundaries of wetlands;
(c) 
Specifications and dimensions for areas of proposed wetland alteration;
(d) 
Location of the ordinary high-water mark of any abutting navigable waterways;
(e) 
Existing and proposed topographic and drainage features and vegetative cover;
(f) 
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 using National Geodetic and Vertical Datum (NGVD);
(k) 
Data sufficient to determine the regional flood elevation in NGVD at the location of the development and to determine whether or not the requirements of § 152-17 are met. This may include any of the information noted in § 152-20D; and
(l) 
Data sufficient to determine if the proposed development will cause either an obstruction to flow or an increase in regional flood height or discharge according to § 152-17E. This may include any of the information noted in § 152-18C(1).
(3) 
Data requirements to analyze developments.
(a) 
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 § 236.02(12), Wis. Stats., and other proposed developments exceeding five acres in area or where the estimated cost exceeds $125,000.
[1] 
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.
[c] 
A surface drainage plan with adequate details showing how flood damage will be minimized.
[2] 
The estimated cost of the proposal shall include all structural development, landscaping improvements, access and road development, electrical and plumbing, and similar items reasonably applied to the overall development costs, but may not include land costs.
(b) 
The Department will determine regional flood elevations and evaluate the proposal where the applicant is not required to provide computations as above and inadequate data exists. The municipality may transmit additional information, such as the data in § 152-20D, where appropriate, to the Department with the request for analysis.
C. 
Expiration. All permits issued under the authority of this chapter shall expire one year from the date of issuance.
A. 
Except where no building, zoning 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:
(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) 
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 with all the provisions of this chapter.
(4) 
The applicant shall submit a certification signed by a registered professional engineer or registered land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing adequacy meets the requirements of § 152-17G.
B. 
The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof according to rules and regulations established by the municipality.
C. 
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.
D. 
The applicant must secure all other necessary permits from all appropriate 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.
The City Council or Village Board may resolve to adopt the following fees:
A. 
Building, zoning and conditional use permits.
B. 
Certificates of compliance.
C. 
Public hearings.
D. 
Legal notice publications.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Planning Commission shall:
(1) 
Oversee the functions of the office of the zoning administrator;
(2) 
Review and make recommendations to the governing body on all proposed amendments to this chapter, maps and text.
B. 
This Planning Commission shall not:
(1) 
Grant variances to the terms of the ordinance in place of action by the Board of Appeals; nor
(2) 
Amend the text or zoning maps in place of official action by the governing body.
The municipality's chief executive officer shall appoint a Board of Appeals under § 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the governing body. The Board of Appeals shall exercise the powers conferred by Wis. Stats., and adopt rules for the conduct of their business as required by § 62.23(7)(e)3., Wis. Stats.
A. 
Powers and duties. The Board of Appeals shall:
(1) 
Appeals. 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) 
Variances. Hear and decide, upon appeal, a variance from the dimensional standards of this chapter pursuant to § 152-33.
(3) 
Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the Official Floodplain Zoning Map.
B. 
Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any decision of the zoning administrator or other administrative officer. Such appeals 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 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. The Board shall:
(a) 
Fix a reasonable time for the hearing;
(b) 
Publish adequate notice pursuant to Wis. Stats., specifying the date, time and place and subject of the hearing;
(c) 
Assure that notice shall be mailed to the parties in interest and the appropriate district office of the Department at least 10 days prior to the hearing.
(2) 
Hearing. Any party may appear in person or by agent or attorney. The Board shall:
(a) 
Resolve boundary disputes according to § 152-32D.
(b) 
Decide variance applications according to § 152-33.
(c) 
Decide appeals of permit denials according to § 152-34.
(3) 
Decision. The final decision regarding the appeal or variance application shall:
(a) 
Be made within a reasonable time;
(b) 
Be sent to the appropriate district office of the Department 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 application for a variance;
(f) 
Include 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 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 Board of Appeals.
(3) 
Where it is determined that the district boundary is incorrectly mapped, the Board should inform the planning agency or the person contesting the location of the boundary to petition the municipality for a map amendment.
A. 
The Board of Appeals may, upon appeal, grant a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that:
(1) 
Literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship on the applicant;
(2) 
The hardship is due to adoption of this chapter and special conditions unique to the property; and not common to a group of adjacent lots or premises (in such case, the zoning ordinance or map must be amended);
(3) 
Such variance is not contrary to the public interest;
(4) 
Such variance is consistent with the purpose of this chapter in § 152-3.
B. 
A variance shall not:
(1) 
Allow any floor of a basement or crawlway below the regional flood elevation for residential or commercial structures;
(2) 
Grant, extend or increase any use prohibited in the zoning district;
(3) 
Be granted for a hardship based solely on an economic gain or loss;
(4) 
Be granted for a hardship which is self-created;
(5) 
Damage the rights or property values of other persons in the area;
(6) 
Permit a lower degree of flood protection in the floodplain than the flood protection elevation. In the floodfringe area, a lower degree of flood protection than the flood protection elevation may only be allowed pursuant to § 152-25B;
(7) 
Allow actions without the amendments to this chapter or maps required in § 152-36;
(8) 
Allow any alteration of an historic structure, including its use, which would preclude its designation as an historic structure.
C. 
When a variance is granted in a floodplain area, the Board shall notify the applicant, in writing, that increased flood insurance premiums and risks to life and property may result. A copy of this notification shall be maintained with the variance appeal record.
A. 
The Board of Appeals shall review all data constituting the basis for the appeal of permit denial. This data may include (where appropriate):
(1) 
Permit application data listed in § 152-28B;
(2) 
Floodway/floodfringe determination data in § 152-20D;
(3) 
Data listed in § 152-19C(1) where the applicant has not submitted this information to the zoning administrator;
(4) 
Other data submitted to the zoning administrator with the permit application, or submitted to the Board with the appeal.
B. 
For appeals of all denied permits, the Board shall:
(1) 
Follow the procedures of § 152-32;
(2) 
Consider any Planning Commission recommendations;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Either uphold the denial or grant 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. 
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.
B. 
All available information in the form of maps, engineering data and regulations shall be readily available and should be widely distributed.
C. 
All legal descriptions of property in the floodplain should include information designating the floodplain zoning classification when such property is transferred.