(NOTE: This article provides for the appointment of appropriate boards and staff, and the development of necessary policies and procedures, to administer the floodplain zoning ordinance in accordance with this article. Where a Zoning Administrator, Planning Commission or a board of appeals has already been appointed to administer a zoning ordinance adopted under § 62.23(7), Wis. Stats., these officials shall also administer the floodplain zoning ordinance.)
The City Zoning Administrator is hereby authorized to administer the provisions of 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 assure that the regional flood elevation for proposed development is shown on all permit applications where appropriate.
B. 
Issue permits and inspect properties for compliance with this chapter and issue certificates of compliance when 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.
(2) 
Inspections made.
(3) 
Work approved.
(4) 
Documentation of certified lowest floor and regional flood elevations for floodplain development.
(5) 
Records of water surface profiles, floodplain Zoning Maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
(6) 
All substantial damage assessment reports for floodplain structures.
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 City committee and to the municipal attorney, for prosecution. Copies of the violation reports shall also be sent to the appropriate district office of the Department of Natural Resources.
H. 
Submit copies of map and text amendments and biannual reports to the Regional Office of FEMA.
[Amended 5-25-2010 by Ord. No. 1030]
A. 
Land use permit. Unless another section of this chapter specifically exempts certain types of development from this requirement, a building or zoning permit shall be obtained from the Zoning Administrator before any "development," as defined in § 437-51, including any change in the use of an existing building or structure, may be initiated. Application for a permit shall be made to the Zoning Administrator upon forms furnished and shall include, for the purpose of proper enforcement of these regulations, the following data:
(1) 
General information:
(a) 
Name and address of the 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 of the ordinary high-water mark of any abutting navigable waterways;
(c) 
Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;
(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 on the property as determined from the official Floodplain Zoning Maps used to delineate floodplain areas;
(g) 
The elevation of the lowest floor of proposed buildings and any fill using National Geodetic and Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
(h) 
Data sufficient to determine the regional flood elevation at the location of the development and to determine whether or not the requirements of Article III or Article IV of this chapter are met. This may include any of the information noted in § 437-37;
(i) 
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 § 437-18. This may include any of the information noted in § 437-29A;
(j) 
Specifications and dimensions for areas of proposed wetland alteration;
(k) 
Existing and proposed topographic and drainage features and vegetative cover.
(3) 
Data requirement to analyze developments. The applicant shall provide all computations and survey data 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. 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. 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 need not include land costs.
(4) 
Expiration. All permits issued under the authority of this chapter shall expire one year from the date of issuance.
B. 
Certificate of compliance.
(1) 
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, except where no building, zoning or conditional use 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) 
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.
(d) 
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 adequacy may also be certified by a registered architect.
(2) 
Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for the 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 on premises and whether or not such use conforms to the provisions of this chapter.
C. 
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.
The Common Council may, by resolution, adopt fees for the following:
A. 
Building zoning permits.
B. 
Certificates of compliance.
C. 
Public hearings.
D. 
Legal notice publications.
E. 
Conditional use permits.
[Amended 5-25-2010 by Ord. No. 1030; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Statutory authorization. The Zoning Board of Appeals established under § 14-5 of the City Code is hereby authorized to act as 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.
B. 
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) 
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 dimensional standards of this chapter.
C. 
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 municipality affected by any decision, order, requirement 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 Zoning Administrator and with the Board of Appeals a notice of appeal specifying the reasons for appeal. The official whose decision is in question shall transmit to the Board all the papers constituting the record concerning the matter appealed.
D. 
Notice and hearing for appeals including variances.
(1) 
Notice. The Board shall:
(a) 
Fix a reasonable time for the hearing:
(b) 
Publish adequate Class 1 or 2 notice, pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing.
(c) 
Mail notice to the parties in interest.
(d) 
Give written notice to the appropriate regional office of the Department at least 10 days prior to hearings on proposed variances, conditional uses, and appeals for map or text interpretations.
(2) 
Hearing. Any party may appear in person or by agent or attorney. The Board shall:
(a) 
Resolve boundary disputes according to Subsection E;
(b) 
Decide variance applications according to Subsection F;
(c) 
Decide appeals of permit denials according to § 437-47.
(3) 
Decision. A decision regarding the appeal or application shall be made as soon as practical. Copies of all decisions on variances, conditional uses, 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 Board of Appeals shall be in the form of a written resolution or order signed by the Chair 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.
E. 
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 either inform the Planning Commission to petition the City or inform the person contesting the location of the boundary to petition the City for a map amendment.
F. 
Variance.
(1) 
The Board of Appeals may, upon appeal, grant a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that:
(a) 
Literal enforcement of the provisions of the chapter will result in unnecessary hardship on the applicant;
(b) 
The hardship is due to adoption of this chapter and specific conditions unique to the property; and not common to a group of adjacent lots or premises (in such case the chapter or map must be amended);
(c) 
Such variance is not contrary to the public interest;
(d) 
Such variance is consistent with the purpose of this chapter.
(2) 
A variance shall not:
(a) 
Grant or increase any use of property 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;
(e) 
Permit a lower degree of flood protection in the floodplain than the flood protection elevation. In the flood fringe area, a lower degree of flood protection elevation may only be allowed pursuant to § 437-42B.
(f) 
Allow any floor, basement or crawlway below the regional flood elevation for residential or commercial structures.
(g) 
Allow actions without the amendments to this chapter or map(s) required in § 437-49.
(h) 
Allow any alteration of a historic structure, including its use, which would preclude its continued designation as a historic structure.
(3) 
In addition to the criteria in Subsection F(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 1/2 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.
G. 
When a variance is granted in a floodplain area, the Board shall notify the applicant in writing that increased flood insurance premiums may result. A copy of this notification shall be maintained with the variance appeal record.[1]
[1]
Editor's Note: Original Sec. 10-6-94, Conditional use permits, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 § 437-44A;
(2) 
Floodway/flood fringe determination data in § 437-37;
(3) 
Data listed in § 437-29A 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 § 437-46;
(2) 
Consider Planning Commission recommendation;
(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 any 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 relative to the floodplain zoning classification when such property is transferred.