Village of Belleville, WI Chapter 13 Floodplain, Shoreland and Wetland Zoning

Article 13.010 Floodplain Zoning

§ 13.011 General provisions.

(1) Statutory authorization. This ordinance is adopted pursuant to the authorization in Sections 61.35 and 62.23, Wis. Stats., and the requirements in Section 87.30, Wis. Stats. The effective date of this ordinance is April 6, 2026.

(2) Finding of fact. Uncontrolled development and use of the floodplains and rivers of this Village would impair public health, safety, convenience, general welfare, and tax base.

(3) Statement of purpose. This ordinance is intended to regulate floodplain development to:

(a) Protect life, health and property;

(b) Minimize expenditures of public funds for flood control projects;

(c) Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

(d) Minimize business interruptions and other economic disruptions;

(e) Minimize damage to public facilities in the floodplain;

(f) Minimize the occurrence of future flood blight areas in the floodplain;

(g) Discourage the victimization of unwary land and homebuyers;

(h) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

(i) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(4) Title. This ordinance shall be known as the Floodplain Zoning Ordinance for the Village of Belleville, Wisconsin.

(5) Areas to be regulated. This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, AE, on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and Village of Belleville may also be regulated under the provisions of this ordinance, where applicable.

(6) Official maps and revisions. Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, AO, on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in Section 13.011(7)(a). Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in Section 13.011(7)(b). These maps and revisions are on file in the office of the Village Clerk.

(7) Official maps. Based on the Flood Insurance Study (FIS):

(a) Official maps: Based on the FIS (approved by WDNR and FEMA).

1. Flood Insurance Rate Map (FIRM) panel numbers 55025C0732G effective 01/02/2009.

2. Flood Insurance Rate Map (FIRM) panel numbers 55025C0731H, 55025C0568H effective 06/16/2016.

3. Flood Insurance Study for Dane County effective 04/09/2025.

4. Flood Insurance Rate Map (FIRM) panel numbers 55045C0060G, 55045C0057G effective 05/18/2009.

5. Flood Insurance Study for Green County, effective 05/18/2009. Approved by: The DNR and FEMA

(b) Official maps: based on other studies. Any maps referenced in this section must be approved by the WDNR and be more restrictive than those based on the FIS at the site of the proposed development:

1. One Hundred (100)-Year Dam Failure Floodplain Map: none applicable as of the date of adoption of this chapter. If applicable at some future date, such studies shall be approved by the WDNR prior to adoption and when adopted shall reference the map date and study author.

2. Non-FEMA case-by-case studies: none applicable as of the date of adoption of this chapter. If applicable at some future date, such studies shall be approved by the WDNR prior to adoption and when adopted shall reference the map date and study author.

3. FEMA Letter of Map Revision: none applicable as of the date of adoption of this chapter. If applicable at some future date, such studies shall be approved by the WDNR and FEMA prior to adoption and when adopted shall reference the FEMA case number and effective date.

(8) Establishment of Floodplain Zoning Districts. The flood hazard areas regulated by this ordinance are divided into districts as follows:

(a) The Floodway District (FW). The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to Section 13.017(5).

(b) The Floodfringe District (FF). That portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to Section 13.017(5), within A Zones shown on the FIRM.

(c) The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.

(9) Locating floodplain boundaries. Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in Section 13.011(9)(a) or (b). If a significant difference exists, the map shall be amended according to Section 13.020, Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Section 13.018(7)(c) and the criteria in Section 13.011(9)(a) or (b). Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Section 13.020 Amendments.

(a) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

(b) Where flood profiles do not exist for projects, including any boundary of zone A, AO, the location of the boundary shall be determined by the map scale.

(10) Removal of lands from the floodplain.

(a) Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two (2) feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Section 13.020, Amendments.

(b) The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:

1. The land and/or land around the structure must be filled at least two (2) feet above the regional or base flood elevation;

2. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;

3. Removal of lands from the floodplain may also occur by operation of Section 87.30(1)(e), Wis. Stats. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 CFR 70.

(11) Compliance.

(a) No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.

(b) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 13.021.

(c) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 13.021.

(12) Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Section 30.2022, Wis. Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under Section 30.2022, Wis. Stats., then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under twenty foot (20’) span at the same location, the project is exempt from a DNR permit under Section 30.123(6)(d), Wis. Stats., the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.

(13) Abrogation and greater restrictions.

(a) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under Sections 61.35 and 87.30, Wis. Stats., which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(b) This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

(14) Interpretation. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by Chapter NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.

(15) Warning and disclaimer of liability. The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the Village or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.

(16) Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

§ 13.012 Annexed areas.

The Dane or Green County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the Village for all annexed areas until the Village adopts and enforces an ordinance which meets the requirements of Chapter NR 116, Wis. Adm. Code, and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the Village s official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.

§ 13.013 General standards applicable to all floodplain districts.

The village shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.

(1) If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:

(a) Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(b) Be constructed with flood-resistant materials;

(c) Be constructed by methods and practices that minimize flood damages; and

(d) Mechanical and utility equipment must be elevated to or above the flood protection elevation.

(2) If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:

(a) Such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;

(b) Public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

(c) Adequate drainage is provided to reduce exposure to flood hazards.

(d) All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in Section 13.019(2).

(3) Hydraulic and hydrologic analyses.

(a) No floodplain development shall:

1. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

2. Cause any increase in the regional flood height due to floodplain storage area lost.

(b) The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Section 13.020, Amendments, are met.

(4) Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Zoning Administrator has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of Section 13.013(3) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

As soon as is practicable, but not later than six (6) months after the date of the watercourse alteration or relocation and pursuant to Section 13.020, Amendments, the Village shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

(5) Chapters 30 and 31, Wis. Stats., development. Development which requires a permit from the Department of Natural Resources, under Chapters 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to Section 13.020, Amendments.

§ 13.014 Public or private campgrounds.

(1) Public or private campgrounds shall have low flood damage potential and shall meet the following provisions:

(a) The campground is approved by the Department of Agriculture, Trade and Consumer Protection;

(b) A land use permit for the campground is issued by the Zoning Administrator;

(c) The character of the river system and the campground elevation are such that a seventy-two (72)-hour warning of an impending flood can be given to all campground occupants;

(d) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this Section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or Zoning Administrator, the Village Emergency Management Coordinator and the Police Chief which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;

(e) This agreement shall be for no more than one (1) calendar year, at which time the agreement shall be reviewed and updated by the officials identified in Section 13.014(1)(d) to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;

(f) All mobile recreational vehicles placed on site must meet one (1) of the following:

1. Be fully licensed, if required, and ready for highway use; or

2. Not occupy any site in the campground for more than one hundred-eighty (180) consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of twenty-four (24) hours; or

3. Meet the requirements in either Sections 13.015, 13.016, or 13.017 for the floodplain district in which the structure is located;

*A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

(g) All camping units that remain on site for more than thirty (30) days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with Section 13.014(1)(f) and shall ensure compliance with all the provisions of this section;

(h) The Village shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;

(i) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and

(j) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and

(2) Standards for structures in a campground:

(a) All structures must comply with Section 13.014 or meet the applicable requirements in Section 13.015, 13.016, or 13.017 for the floodplain district in which the structure is located;

(b) Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than two hundred (200) square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than two hundred (200) square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with Section 13.014(1)(d). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

(c) Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards.

(d) Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the Village compliant with Section 13.014(1)(d).

(e) Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the Village compliant with Section 13.014(1)(d).

(3) A land use permit shall be obtained as provided under Section 13.019(2) before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.

§ 13.015 Floodway District (FW).

(1) Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Section 13.017(5).

(2) Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:

(a) They are not prohibited by any other ordinance;

(b) They meet the standards in Sections 13.015(3) and 13.015(4); and

(c) All permits or certificates have been issued according to Section 13.019(1).

(d) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting.

(e) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

(f) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Section 13.015(3)(d).

(g) Uses or structures accessory to open space uses or classified as historic structures that comply with Sections 13.015(3) and 13.015(4).

(h) Extraction of sand, gravel or other materials that comply with Section 13.015(3)(d).

(i) Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chapters 30 and 31, Wis. Stats.

(j) Public utilities, streets and bridges that comply with Section 13.015(3)(c).

(k) Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department of Natural Resources-approved campgrounds that meet the applicable provisions of Village ordinance and Ch. SPS 383, Wis. Adm. Code.

(l) Public or private wells used to obtain potable water for recreational areas that meet the requirements of Village ordinance and Chapters NR 811 and NR 812, Wis. Adm. Code.

(m) Wastewater treatment ponds or facilities permitted under Section NR 110.15(3)(b), Wis. Adm. Code.

(n) Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.

(3) Standards for development in the floodway.

(a) General.

1. Any development in the floodway shall comply with Section 13.013 and have a low flood damage potential.

2. Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to Sections 13.013(3) and 13.019(2)(c). The analysis must be completed by a registered professional engineer in the State of Wisconsin.

3. Any encroachment in the regulatory floodway is prohibited unless the data submitted for Section 13.015(3)(a)2 above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in Section 13.011(5).

(b) Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

1. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;

2. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:

a. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;

b. Have structural components capable of meeting all provisions of Section 13.015(3)(b)6 and;

c. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 13.015(3)(b)7.

3. Must be anchored to resist flotation, collapse, and lateral movement;

4. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and

5. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

6. For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets Section 13.015(3)(b)1 through 5 and meets or exceeds the following standards:

a. The lowest floor must be elevated to or above the regional flood elevation;

b. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

c. The bottom of all openings shall be no higher than one (1) foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open.

d. The use must be limited to parking, building access or limited storage.

7. Certification. Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:

a. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;

b. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Section 13.015(4)(d) and (e);

c. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;

d. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and

e. Placement of utilities to or above the flood protection elevation.

(c) Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:

1. Adequate floodproofing measures are provided to the flood protection elevation; and

2. Construction meets the development standards of Section 13.013(3).

(d) Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

1. The requirements of Section 13.013(3) are met;

2. No material is deposited in navigable waters unless a permit is issued by the Department of Natural Resources pursuant to Chapter 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;

3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

4. The fill is not classified as a solid or hazardous material.

(4) Prohibited uses. All uses not listed as permitted uses in Section 13.015(2) are prohibited, including the following uses:

(a) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

(b) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

(c) Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

(d) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department of Natural Resources-approved campgrounds that meet the applicable provisions of Village ordinance and Chapter SPS 383, Wis. Adm. Code;

1. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of Village ordinance and Chapters NR 811 and NR 812, Wis. Adm. Code;

2. Any solid or hazardous waste disposal sites;

3. Any wastewater treatment ponds or facilities, except those permitted under Section NR 110.15(3)(b), Wis. Adm. Code; and

4. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

§ 13.016 Floodfringe District (FF).

(1) Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Section 13.017(5).

(2) Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in Section 13.016(3) are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in Section 13.019(1) have been issued.

(3) Standards for development in the floodfringe. Section 13.013 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Section 13.018 Nonconforming Uses;

(a) Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards;

1. All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one (1) foot or more above the regional flood elevation extending at least fifteen (15) feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet Section 13.011(5).

2. Notwithstanding Section 13.016(3)(a)1, a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;

3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Section 13.016(3)(a)4.

4. In developments where existing street or sewer line elevations make compliance with Section 13.016(3)(a)3 impractical, the Village may permit new development and substantial improvements where roads are below the regional flood elevation, if:

a. The Village has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

b. The Village has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.

(b) Accessory structures or uses. In addition to Section 13.013, new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

(c) Commercial uses. In addition to Section 13.013, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of Section 13.016(3)(a). Subject to the requirements of Section 13.016(3)(e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(d) Manufacturing and industrial uses. In addition to Section 13.013, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Section 13.019(8). Subject to the requirements of Section 13.016(3)(e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(e) Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Section 13.019(8). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

(f) Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and

1. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with Section 13.019(8).

2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

(g) Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to Section 13.019(8)(e), to the flood protection elevation and meet the provisions of all Village ordinance and Chapter SPS 383, Wis. Adm. Code.

(h) Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to Section 13.019(8)(c) to the flood protection elevation and shall meet the provisions of Chapters NR 811 and NR 812, Wis. Adm. Code.

(i) Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

(j) Deposition of materials. Any deposited material must meet all the provisions of this ordinance.

(k) Manufactured homes.

1. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

2. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

a. Have the lowest floor elevated to the flood protection elevation; and

b. Be anchored so they do not float, collapse, or move laterally during a flood;

3. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in Section 13.016(3)(a).

(l) Mobile recreational vehicles. All mobile recreational vehicles must be on site for less than one hundred eighty (180) consecutive days and be either:

1. Fully licensed and ready for highway use; or

2. Shall meet the elevation and anchoring requirements in Sections 13.016(3)(k)1 and 3.

3. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

§ 13.017 General Floodplain District (GF).

(1) Applicability. The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in Section 13.011(2)(a).

(2) Floodway boundaries. For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in Section 13.011(2)(a), the boundaries of the regulatory floodway shall be determined pursuant to Section 13.017(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of Section 13.015. If the development is located entirely within the floodfringe, the development is subject to the standards of Section 13.016.

(3) Permitted uses. Pursuant to Section 13.017(5) it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (Section 13.015(2)) and Floodfringe (Section 13.016(2)) Districts are allowed within the General Floodplain District, according to the standards of Section 13.017(4) provided that all permits or certificates required under Section 13.019(1) have been issued.

(4) Standards for development in the General Floodplain District. Section 13.015 applies to floodway areas, determined to pursuant to Section 13.017(5); Section 13.016 applies to floodfringe areas, determined to pursuant to Section 13.017(5).

(a) New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:

1. To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or

2. If the depth is not specified on the FIRM, two feet (2) above the highest adjacent natural grade or higher.

(b) New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.

(c) In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.

(d) All development in zones AO and zone AH shall meet the requirements of Section 13.016 applicable to flood fringe areas.

(5) Determining floodway and floodfringe limits. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the Zoning Administrator shall:

(a) Require the applicant to submit two (2) copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM.

(b) Require the applicant to furnish any of the following information deemed necessary by the Department of Natural Resources to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.

1. A Hydrologic and Hydraulic Study as specified in Section 13.019(2)(c).

2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.

3. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

§ 13.018 Nonconforming uses.

(1) Applicability.

(a) The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with Section 87.30, Wis. Stats., and Sections NR 116.12 to NR 116.14, Wis. Adm. Code, and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.

(b) As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.

(c) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:

1. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed two hundred (200) square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck to provide safe ingress and egress to the principal structure.

2. If a nonconforming use or the use of a nonconforming structure is discontinued for twelve (12) consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance;

3. The Village shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;

4. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed fifty percent (50%) of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 13.016(3)(a). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the fifty percent (50%) provisions of this paragraph;

5. No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed fifty percent (50%) of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 13.016(3)(a). Maintenance to any nonconforming structure, which does not exceed fifty percent (50%) of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.

6. If on a per event basis the total value of the work being done under Sections 13.018(c)(4) and (5) equals or exceeds fifty percent (50%) of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 13.016(3)(a).

7. Except as provided in Section 13.018(c)8, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds fifty percent (50%) of the structure’s present equalized assessed value.

8. For nonconforming buildings that are substantially damaged or destroyed by a non-flood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction:

(2) Residential structures.

(a) Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of Section 13.019(8)(b).

(b) Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.

(c) Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d) In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source.

(e) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 13.017(4).

(f) In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

(3) Nonresidential structures.

(a) Shall meet the requirements of Section 13.018(2)(a) through (f)

(b) Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in Section 13.019(8)(a) or (b).

(c) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 13.017(4).

(d) A nonconforming historic structure may be altered if the alteration will not preclude the structure’s continued designation as a historic structure, the alteration will comply with Section 13.015(3)(a), flood resistant materials are used, and construction practices and floodproofing methods that comply with Section 13.019(8) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Section 13.018(2) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.

(4) Floodway District.

(a) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:

1. Has been granted a permit or variance which meets all ordinance requirements;

2. Meets the requirements of Section 13.018(1);

3. Shall not increase the obstruction to flood flows or regional flood height;

4. Any addition to the existing structure shall be floodproofed, pursuant to Section 13.019(8), by means other than the use of fill, to the flood protection elevation; and,

5. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

a. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two (2) openings must be provided with a minimum net area of at least one (1) square inch for every one (1) square foot of the enclosed area. The lowest part of the opening can be no more than twelve (12) inches above the adjacent grade;

b. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

c. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

d. The use must be limited to parking, building access or limited storage.

(b) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all Village ordinance, Section 13.019(8)(c) and Ch. SPS 383, Wis. Adm. Code.

(c) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all Village ordinance, Section 13.019(8)(c) and Chapters NR 811 and NR 812, Wis. Adm. Code.

(5) Floodfringe District.

(a) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the Village and meets the requirements of Section 13.016(3) except where Section 13.018(5)(b) is applicable.

(b) Where compliance with the provisions of 13.018(5)(a) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in Section 13.019(7), may grant a variance from those provisions of 13.018(5)(a) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

1. No floor is allowed below the regional flood elevation for residential or commercial structures;

2. Human lives are not endangered;

3. Public facilities, such as water or sewer, shall not be installed;

4. Flood depths shall not exceed two (2) feet;

5. Flood velocities shall not exceed two (2) feet per second; and

6. The structure shall not be used for storage of materials as described in Section 13.016(3)(e).

(c) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all Village ordinance, Section 13.019(8)(c) and Chapter SPS 383, Wis. Adm. Code.

(d) All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, Section 13.019(8)(c) and Chapters NR 811 and NR 812, Wis. Adm. Code.

§ 13.019 Administration.

Where a Zoning Administrator, Plan Commission or a board of appeals has already been appointed to administer a zoning ordinance adopted under Section 59.69, 59.692 or 62.23(7), Wis. Stats., these officials shall also administer this ordinance.

(1) Zoning Administrator.

(a) Duties and powers. The Zoning Administrator is authorized to administer this ordinance 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 ordinance and issue certificates of compliance where appropriate.

3. Inspect and assess all damaged floodplain structures 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;

c. Floodproofing certificates.

d. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

e. All substantial damage assessment reports for floodplain structures.

f. List of nonconforming structures and uses.

g. Submit copies of the following items to the Department of Natural Resources Regional office:

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

ii. Copies of case-by-case analyses and other required information.

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

h. Investigate, prepare reports, and report violations of this ordinance to the Plan Commission and Village Attorney for prosecution. Copies of the reports shall also be sent to the Department of Natural Resources Regional office.

i. Submit copies of amendments to the FEMA Regional office.

(2) Land use permit. A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; 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:

(a) General information.

1. Name and address of the applicant, property owner and contractor;

2. Legal description, proposed use, and whether it is new construction or a modification;

(b) Site Development Plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

1. Location, dimensions, area and elevation of the lot;

2. Location of the ordinary highwater mark of any abutting navigable waterways;

3. Location of any structures with distances measured from the lot lines and street center lines;

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

5. Location and elevation of existing or future access roads;

6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

7. 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);

8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Section 13.015 or 13.016 are met; and

9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Section 13.013(3). This may include any of the information noted in Section 13.015(3)(a).

(c) 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 of Natural Resources.

(d) Zone A floodplains and in AE zones within which a floodway is not delineated:

1. Hydrology. The appropriate method shall be based on the standards in Section NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

2. Hydraulic modeling. The regional flood elevation shall be based on the standards in Section NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of 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, culvert) to determine adequate starting WSEL for the study.

b. Channel sections must be surveyed.

c. Minimum four (4)-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.

d. A maximum distance of five hundred (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 five hundred (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.

(e) Zone AE Floodplains.

1. Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on Section NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

2. Hydraulic model. The regional flood elevation shall be based on the standards in Section NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of 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 of Natural Resources 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 of Natural Resources 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, 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 one percent (1%) and two-tenths percent (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 centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.

(3) Expiration. All permits issued under the authority of this ordinance shall expire no more than one hundred eighty (180) days after issuance. The permit may be extended for a maximum of one hundred eighty (180) days for good and sufficient cause. If the permitted work has not started within one hundred eighty (180) days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.

(4) 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:

(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 ordinance;

(b) Application for such certificate shall be concurrent with the application for a permit;

(c) If all ordinance provisions are met, the certificate of compliance shall be issued within ten (10) days after written notification that the permitted work is completed;

(d) 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 the requirements of Section 13.019(8) are met.

(e) Where applicable pursuant to Section 13.017(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.

(f) Where applicable pursuant to Section 13.017(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by Section 13.017(4).

(5) 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 U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.

(6) Zoning agency.

(a) The Plan Commission shall:

1. Oversee the functions of the office of the Zoning Administrator;

2. Review and advise the Village Board on all proposed amendments to this ordinance, maps, and text; and

3. Publish adequate notice pursuant to Chapter 985, Stats., specifying the date, time, place, and subject of the public hearing.

(b) The Plan Commission shall not:

1. Grant variances to the terms of the ordinance in place of action by the Board of Appeals; or

2. Amend the text or zoning maps in place of official action by the Village Board.

(7) Board of Appeals. The Board of Appeals, created under Section 62.23(7)(e), Wis. Stats., is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall 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 ordinance;

2. Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and

3. Variances. Hear and decide, upon appeal, variances from the ordinance standards.

(b) Appeals to the Board. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the Village affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within thirty (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 mater appealed.

1. Notice and hearing for appeals including variances. Notice - The board shall:

a. Fix a reasonable time for the hearing;

b. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place, and subject of the hearing; and

c. Assure that notice shall be mailed to the parties in interest and the Department of Natural Resources Regional office at least ten (10) days in advance of the hearing.

2. Hearing. Any party may appear in person or by agent. The board shall:

a. Resolve boundary disputes according to Section 13.019(7)(c);

b. Decide variance applications according to Section 13.019(7)(d); and

c. Decide appeals of permit denials according to Section 13.019(8).

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 of Natural Resources Regional office within ten (10) days of the decision;

c. Be a written determination signed by the chairperson 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; and

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.

2. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and

3. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Section 13.020, Amendments.

(d) Variance. The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:

1. Literal enforcement of the ordinance will cause unnecessary hardship;

2. 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;

3. The variance is not contrary to the public interest; and

4. The variance is consistent with the purpose of this ordinance in Section 13.011(3).

5. In addition to the criteria in Section 13.018(7)(d), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:

a. The variance shall not cause any increase in the regional flood elevation;

b. The applicant has shown good and sufficient cause for issuance of the variance;

c. Failure to grant the variance would result in exceptional hardship;

d. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

e. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.

6. 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;

e. Allow actions without the amendments to this ordinance or map(s) required in Section 13.020, Amendments; and

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

7. 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 $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.

(e) Review appeals of permit denials. The Board of Appeals shall review all data related to the appeal. This may include:

1. Permit application data listed in Section 13.019(2);

2. Floodway/floodfringe determination data in Section 13.017(5);

3. Data listed in Section 13.015(3)(a)2 where the applicant has not submitted this information to the Zoning Administrator; and

4. Other data submitted with the application or submitted to the Board with the appeal.

5. For appeals of all denied permits the Board of Appeals shall:

a. Follow the procedures of Section 13.019(7);

b. Consider Plan Commission recommendations; and

c. Either uphold the denial or grant the appeal.

6. For appeals concerning increases in regional flood elevation the Board of Appeals shall:

a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Section 13.020, Amendments; and

b. Grant the appeal where the Board of Appeals agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.

(8) Floodproofing standards.

(a) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation 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 or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in Section 13.013, 13.015, 13.016, or 13.017.

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

1. Certified by a registered professional engineer or architect; or

2. Meeting or exceeding the following standards:

a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding;

b. The bottom of all openings shall be no higher than one (1) foot above grade; and

c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(c) Floodproofing measures shall be designed, as appropriate, 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;

4. Minimize or eliminate infiltration of flood waters;

5. Minimize or eliminate discharges into flood waters;

6. Placement of essential utilities to or above the flood protection elevation; and

7. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

a. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two (2) openings must be provided with a minimum net area of at least one (1) square inch for every one (1) square foot of the enclosed area. The lowest part of the opening can be no more than twelve (12) inches above the adjacent grade;

b. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

c. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

d. The use must be limited to parking, building access or limited storage.

(9) Public information.

(a) Place marks on structures to show the depth of inundation during the regional flood.

(b) All maps, engineering data and regulations shall be available and widely distributed.

(c) Real estate transfers should show what floodplain district any real property is in.

§ 13.020 Amendments.

Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 13.020(3).

(1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 13.020(3). Any such alterations must be reviewed and approved by FEMA and the DNR.

(2) In A Zones increases equal to or greater than one (1.0) foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Section 13.020(4).

(3) General. The Village Board shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in Section 13.020(4). Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:

(a) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;

(b) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;

(c) Any changes to any other officially adopted floodplain maps listed in Section 13.011(2)(b);

(d) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;

(e) Correction of discrepancies between the water surface profiles and floodplain maps;

(f) Any upgrade to a floodplain zoning ordinance text required by Section NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the Village; and

(g) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

(4) Procedures.

(a) Ordinance amendments may be made upon petition of any party according to the provisions of Section 62.23, Wis. Stats. The petitions shall include all data required by Sections 13.017(5) and 13.019(2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.

(b) The proposed amendment shall be referred to the Plan Commission for a public hearing and recommendation to the Village Board. The amendment and notice of public hearing shall be submitted to the Department of Natural Resources Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Section 62.23, Wis. Stats.

(c) No amendments shall become effective until reviewed and approved by the Department of Natural Resources.

(d) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

§ 13.021 Enforcement and penalties.

Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the Village Attorney who shall expeditiously prosecute all such violators. Any person, firm, association or corporation who or which violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture as specified in Section 1.08 of this Code. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the Village, state, or any citizen thereof pursuant to Section 87.30, Wis. Stats. A violator shall, upon conviction, forfeit to the Village a penalty of not more than fifty dollars ($50.00) together with the taxable cost of such action.

Article 13.050 Shoreland Zoning

§ 13.051 General provisions.

(1) Statutory authority. This chapter is adopted pursuant to the authorization contained in Sections 61.35 and 61.353, Wis. Stats., and specifically Section 61.353(2), Wis. Stats.

(2) Purpose. Uncontrolled use of shorelands and pollution of the navigable waters of the Village would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and to reserve shore cover and natural beauty. This responsibility is hereby recognized by the Village of Belleville, Wisconsin.

(3) Applicability. The Shoreland Zoning regulations of this ordinance apply only to the following shorelands:

(a) A shoreland that was annexed by the Village of Belleville after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Section 59.692, Wis. Stats.

(b) Pursuant to Section 61.353(7), Wis. Stats, the shoreland area does not include lands adjacent to an artificially constructed drainage ditch, pond, or stormwater retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.

(4) Compliance required. The use of shorelands within the shoreland area of the Village shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.

(5) Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13), Wis. Stats. applies.

(6) Abrogation and greater restrictions. This ordinance supersedes all the provisions of any other applicable municipal ordinance except that where another municipal ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(a) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

(7) Severability. If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

(8) Effect of existing land division, sanitary, zoning, and other regulations. The lands regulated by this ordinance are subject to all applicable provisions of the Village of Belleville Municipal Code. Where the provisions of this ordinance are more restrictive than other regulations in the Municipal Code, the provisions of this ordinance shall apply.

§ 13.052 Annexed areas.

Provisions of a county shoreland zoning ordinance under Section 59.692, Wis. Stats., that were applicable, prior to annexation, to any shoreland annexed by a Village after May 7, 1982, under Section 13.051(3)(a) shall continue in effect and shall be enforced after annexation by the Village of Belleville until the effective date of this ordinance enacted under Section 13.051(1).

§ 13.053 General provisions.

(1) General limitations. This ordinance shall accord and be consistent with the requirements and limitations under Section 61.353(3), Wis. Stats.

(2) Vegetative buffer zone. This ordinance shall accord and be consistent with the requirements and limitations under Section 61.353(3), Wis. Stats.

(3) Requirements of statute. This ordinance shall accord and be consistent with the requirements and limitations under Section 61.353(3), Wis. Stats.

(4) Shoreland setback. All buildings and structures shall be set back at least fifty (50) feet from the ordinary high-water mark.

(5) Reduced principal building setback. A setback of less than the fifty (50)-foot ordinary highwater mark setback required under Section 13.053(4) shall be permitted for a proposed principal building when both of the following apply:

(a) The proposed principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.

(b) The setback of the proposed principal building shall equal the average of the distances the two (2) existing principal buildings on immediately adjacent lots or parcels are setback from the ordinary highwater mark or thirty-five (35) feet from the ordinary highwater mark, whichever distance is greater.

§ 13.054 Administrative provisions.

(1) Zoning Administrator. The Zoning Administrator shall have the following duties and powers. The Zoning Administrator shall:

(a) Advise applicants as to the provisions of this chapter and assist them in preparing permit applications and appeal forms.

(b) Issue permits and inspect properties for compliance with this chapter.

(c) Keep records of all permits issued, inspections made, work approved and other official actions.

(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 copies of decisions on variances, conditional use permits, appeals for a map or text interpretation and map or text amendments within ten (10) days after they are granted or denied to the appropriate district office of the Department of Natural Resources.

(f) Investigate and report violations of this chapter to the appropriate Village Plan Commission or Village Attorney.

(2) Zoning permits.

(a) When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in Chapter 25 of this Code, or any change in the use of an existing building or structure is initiated.

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

1. General information.

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

b. Legal description of the property and a general description of the proposed use or development.

c. Whether or not a private water or sewage system is to be installed.

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. Dimensions and area of the lot.

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

c. Description of any existing or proposed on-site sewage systems or private water supply systems.

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

e. Boundaries of all wetlands.

f. Existing and proposed topographic and drainage features and vegetative cover.

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

h. Location of existing or future access roads.

i. Specifications and dimensions for areas of proposed wetland alteration.

(c) Expiration. All permits issued under the authority of this chapter shall expire one (1) year from the date of issuance.

(3) Certificates of compliance.

(a) Except where no zoning permit 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 thereof, conform to the provisions of this chapter.

2. Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.

3. The certificate of compliance shall be issued within ten (10) days after notification of the completion of the work specified in the zoning or conditional use permit, provided that the building or premises and proposed use thereof conform to all the provisions of this chapter.

(b) The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the Village Board.

(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 such use conforms to the provisions of this chapter.

(4) Conditional use permits for wetland areas.

(a) Application. 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 granted by the Plan Commission, following the procedures in Section 13.054(7)(c) through (e) for hearing and deciding appeals.

(b) Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in Section 13.053(3)(c), 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 Section 13.051(2). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion potential; 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. To secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.

(5) Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.

(6) Revocation of permit. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Zoning Board of Appeals.

(7) Zoning Board of Appeals. Powers and duties. The Zoning Board of Appeals shall:

(a) 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.

(b) Authorize, upon appeal, a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that:

1. Literal enforcement of the terms of this chapter will result in unnecessary hardship for the applicant.

2. The hardship is due to special conditions unique to the property and is not self-created or based solely on economic gain or loss.

3. Such variance is not contrary to the public interest as expressed by the purpose of this chapter.

4. Such variance will not grant or increase any use of property which is prohibited in the zoning district.

(c) 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 community affected by any order, requirement, decision or determination of the Zoning Administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the official from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the reasons therefor. The Zoning Administrator or other official from whom the appeal is taken shall transmit to the Board all the papers constituting the record on which the appeal action was taken.

(d) Public hearings.

1. Before making a decision on an appeal, the Zoning Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a Class 2 notice under Chapter 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may appear in person, by agent or by attorney and present testimony.

2. A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources at least ten (10) days prior to all public hearings on issues involving shoreland-wetland zoning.

(e) Decisions.

1. The final disposition of an appeal to the Zoning Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, signed by the Board Chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse or modify the order, requirement, decision or determination appealed, in whole or in part, or dismiss the appeal for lack of jurisdiction or persecution.

2. A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources within ten (10) days after the decision is issued.

§ 13.055 Amendments.

The Village Board may, from time to time, alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of Section 62.23(7)(d)2, Wis. Stats., Chapter NR 117, Wis. Adm. Code, and the following:

(1) A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Department of Natural Resources within five (5) days of the submission of the proposed amendment to the Village Plan Commission.

(2) All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the Village Plan Commission, and a public hearing shall be held as required by Section 62.23(7)(d)2, Wis. Stats. The appropriate district office of the Department of Natural Resources shall be provided with written notice of the public hearing at least ten (10) days prior to such hearing.

(3) To ensure that the shoreland protection objectives in Section 281.31, Wis. Stats., will be accomplished by the amendment, the Village Board may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:

(a) Stormwater and floodwater storage capacity.

(b) Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland.

(c) Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters.

(d) Shoreline protection against soil erosion.

(e) Fish spawning, breeding, nursery or feeding grounds.

(f) Wildlife habitat.

(g) Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(4) Where the district office of the Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section 13.055(3), the Department of Natural Resources shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.

(5) The appropriate district office of the Department of Natural Resources shall be provided with:

(a) A copy of the recommendations and report, if any, of the Village Plan Commission on the proposed text or map amendment within ten (10) days after the submission of those recommendations to the Village Board; and

(b) Written notice of the Village Board's action on the proposed text or map amendment within ten (10) days after the action is taken.

(6) If the Department of Natural Resources notifies the Village Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section 13.055(3), that proposed amendment, if approved by the Village Board, may not become effective until more than thirty (30) days have elapsed since written notice of the Village Board approval was mailed to the Department of Natural Resources, as required by Section 13.055(5). If, within the thirty (30)-day period, the Department of Natural Resources notifies the Village Board that it intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under Sections 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under Sections 62.231(6) and 61.351(6), Wis. Stats., is completed or otherwise terminated.

§ 13.056 Enforcement.

Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this chapter in violation of the provisions of this chapter by any person, firm, association, or corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the Village Board and the Village Attorney who shall prosecute such violations. Any person, firm, association or corporation who or which violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture as specified in Section 1.08 of this Code, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance, and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the Village, the state or any citizen thereof pursuant to Section 87.30(2), Wis. Stats.