§ 152.33 GENERAL FLOODPLAIN DISTRICT (GFP).

   (A)   Applicability. The provisions for this District shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and Floodfringe Districts shall be delineated when adequate data is available.

   (B)   Permitted uses.

      (1)   Pursuant to division (D) below, it shall be determined whether the proposed use is located within a floodway or floodfringe area.

      (2)   Those uses permitted in floodway (§ 152.31(B) of this subchapter) and floodfringe areas (§ 152.32(B) of this subchapter) are allowed within the General Floodplain District, according to the standards of division (C) below, provided that all permits or certificates required under § 152.46 of this chapter have been issued.

   (C)   Standards for development in the General Floodplain District. Section 152.31 of this subchapter applies to floodway areas and § 152.32 of this subchapter applies to floodfringe areas. The rest of this chapter applies to either district.

   (D)   Determining floodway and floodfringe limits. Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:

      (1)   Require the applicant to submit two 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;

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

         (a)   A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information;

         (b)   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;

         (c)   Profile showing the slope of the bottom of the channel or flow line of the stream; or

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

      (3)   Transmit one copy of the information described in divisions (D)(1) and (D)(2) above to the department regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of § 152.46(B)(3) of this chapter apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

(Ord. passed 7-15-2010) Penalty, see § 152.99

§ 152.34 NONCONFORMING USES.

   (A)   Generally.

      (1)   Applicability. If these standards conform with Wis. Stat. § 62.23(7)(h), they 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 chapter or any amendment thereto.

      (2)   Existing uses. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions.

         (a)   1.   No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this chapter. 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. Ordinary maintenance repairs are not considered an extension, modification, or addition; these include painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components and the maintenance, repair, or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure.

            2.   The construction of a deck that does not exceed 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 in order to provide safe ingress and egress to the principal structure.

         (b)   If a nonconforming use or the use of a nonconforming structure is discontinued for 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 chapter.

         (c)   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.

         (d)   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 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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 152.32(C)(1) of this subchapter. The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection.

         (e)   1.   Except as provided in division (A)(2)(e)2. below, 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 50% of the structure’s present equalized assessed value.

            2.   For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44 C.F.R. part 60), or the regulations promulgated thereunder.

         (f)   A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply § 152.31(C)(1) of this subchapter, flood resistant materials are used, and construction practices and floodproofing methods that comply with § 152.50 of this chapter are used.

   (B)   Floodway areas.

      (1)   No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:

         (a)   Has been granted a permit or variance which meets all ordinance requirements;

         (b)   Meets the requirements of division (A) above;

         (c)   Will not increase the obstruction to flood flows or regional flood height;

         (d)   Any addition to the existing structure shall be floodproofed, pursuant to § 152.50 of this chapter, by means other than the use of fill, to the flood protection elevation; and

         (e)   If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

            1.   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 openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

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

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

            4.   The use must be limited to parking or limited storage.

      (2)   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 a floodway area. Any replacement, repair, or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and Wis. Admin. Code Ch. NR 116.

      (3)   No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair, or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and Wis. Admin. Code Ch. NR 811 and Ch. NR 812.

   (C)   Floodfringe areas.

      (1)   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 municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in § 152.32(C) of this subchapter, except where division (C)(2) below is applicable.

      (2)   Where compliance with the provisions of division (C)(1) above 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 Adjustment/Appeals, using the procedures established in § 152.48 of this chapter, may grant a variance from those provisions of division (C)(1) above 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:

         (a)   No floor is allowed below the regional flood elevation for residential or commercial structures;

         (b)   Human lives are not endangered;

         (c)   Public facilities, such as water or sewer, will not be installed;

         (d)   Flood depths will not exceed two feet;

         (e)   Flood velocities will not exceed two feet per second; and

         (f)   The structure will not be used for storage of materials as described in § 152.32(C)(5) of this subchapter.

      (3)   If neither the provisions of divisions (C)(1) or (C)(2) above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition:

         (a)   Meets all other regulations and will be granted by permit or variance;

         (b)   Does not exceed 60 square feet in area; and

         (c)   In combination with other previous modifications or additions to the building, does not equal or exceed 50% of the present equalized assessed value of the building.

      (4)   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 local ordinances and Wis. Admin. Code Ch. NR 116.

      (5)   All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this chapter and Wis. Admin. Code Ch. NR 811 and Ch. NR 812.

(Ord. passed 7-15-2010)

ADMINISTRATION

§ 152.45 GENERALLY.

   Where a Zoning Administrator, Planning Agency, or a Board of Adjustment/Appeals has already been appointed to administer a zoning ordinance adopted under Wis. Stat. §§ 59.69, 59.692, or 62.23(7), these officials shall also administer this chapter.

(Ord. passed 7-15-2010)

§ 152.46 ZONING ADMINISTRATOR.

   (A)   The Zoning Administrator is authorized to administer this chapter 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 chapter, and issue certificates of compliance where appropriate;

      (3)   Inspect all damaged floodplain structures and perform a substantial damage assessment 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 for floodplain development;

         (c)   Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses, and structures, including changes, appeals, variances, and amendments; and

         (d)   All substantial damage assessment reports for floodplain structures.

      (5)   Submit copies of the following items to the department regional office:

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

         (b)   Copies of any case-by-case analyses, and any other information required by the Department including an annual summary of the number and types of floodplain zoning actions taken.

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

      (6)   Investigate, prepare reports, and report violations of this chapter to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the department regional office; and

      (7)   Submit copies of text and map amendments and biennial reports to the FEMA regional office.

   (B)   Land use permit. A land use permit shall be obtained before any new development or any structural repair 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:

      (1)   General information.

         (a)   Name and address of the applicant, property owner, and contractor; and

         (b)   Legal description, proposed use, and whether it is new construction or a modification.

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

         (a)   Location, dimensions, area, and elevation of the lot;

         (b)   Location of the ordinary highwater mark of any abutting navigable waterways;

         (c)   Location of any structures with distances measured from the lot lines and street center lines;

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

         (e)   Location and elevation of existing or future access roads;

         (f)   Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

         (g)   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);

         (h)   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 §§ 152.31 or 152.32 of this chapter are met; and

         (i)   Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 152.30(A) of this chapter. This may include any of the information noted in § 152.31(C)(1) of this chapter.

      (3)   Data requirements to analyze developments.

         (a)   The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities, and floodplain storage, for all subdivision proposals, as “subdivision” is defined in Wis. Stat. Ch. 236 and other proposed developments exceeding five acres in area or where the estimated cost exceeds $125,000. The applicant shall provide:

            1.   An analysis of the effect of the development on the regional flood profile, velocity of flow, and floodplain storage capacity;

            2.   A map showing location and details of vehicular access to lands outside the floodplain; and

            3.   A surface drainage plan showing how flood damage will be minimized.

         (b)   The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs.

      (4)   Expiration. All permits issued under the authority of this chapter shall expire 365 days after issuance.

   (C)   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:

      (1)   The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this chapter;

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

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

      (4)   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 floodproofing measures meet the requirements of § 152.50 of this subchapter.

   (D)   Other permits. The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under § 404 of the Federal Water Pollution Control Act, amendments of 1972, 33 U.S.C. § 1344.

(Ord. passed 7-15-2010)

§ 152.47 ZONING AGENCY.

   (A)   The Board of Trustees shall:

      (1)   Oversee the functions of the office of the Zoning Administrator; and

      (2)   Review and advise the governing body on all proposed amendments to this chapter, maps, and text.

   (B)   The Zoning Agency shall not:

      (1)   Grant variances to the terms of the ordinance in place of action by the Board of Adjustment/Appeals; or

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

(Ord. passed 7-15-2010)

§ 152.48 BOARD OF ADJUSTMENT/APPEALS.

   The Board of Adjustment/Appeals, created under Wis. Stat. § 62.23(7)(e) is hereby authorized or shall be appointed to act for the purposes of this chapter. The Board shall exercise the powers conferred by the state statutes and adopt rules for the conduct of business. The Zoning Administrator may not be the secretary of the Board.

   (A)   Powers and duties. The Board of Adjustment/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 chapter;

      (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.

      (1)   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 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 matter appealed.

      (2)   Notice and hearing for appeals including variances.

         (a)   Notice. The Board shall:

            1.   Fix a reasonable time for the hearing;

            2.   Publish adequate notice pursuant to the state statutes, specifying the date, time, place, and subject of the hearing; and

            3.   Assure that notice shall be mailed to the parties in interest and the department regional office at least ten days in advance of the hearing.

         (b)   Hearing. Any party may appear in person or by agent. The Board shall:

            1.   Resolve boundary disputes according to division (C) below;

            2.   Decide variance applications according to division (D) below; and

            3.   Decide appeals of permit denials according to § 152.49 of this subchapter.

      (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 regional office within ten days of the decision;

         (c)   Be a written determination signed by the chairman or secretary of the Board;

         (d)   State the specific facts which are the basis for the Board’s decision;

         (e)   Either affirm, reverse, vary, or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction, or grant or deny the 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. If none exist, other evidence may be examined.

      (2)   In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board.

      (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 § 152.18 of this chapter.

   (D)   Variance.

      (1)   The Board may, upon appeal, grant a variance from the standards of this chapter if an applicant convincingly demonstrates that:

         (a)   Literal enforcement of the ordinance provisions will cause unnecessary hardship;

         (b)   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;

         (c)   The variance is not contrary to the public interest; and

         (d)   The variance is consistent with the purpose of this chapter in § 152.03 of this chapter.

      (2)   In addition to the criteria in division (D)(1) above, to qualify for a variance under FEMA regulations, the following criteria must be met:

         (a)   The variance may not cause any increase in the regional flood elevation;

         (b)   Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and

         (c)   Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts, and shall not be contrary to the purpose of the ordinance.

      (3)   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 chapter or map(s) required in § 152.18(A) of this chapter; and

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

      (4)   When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record.

(Ord. passed 7-15-2010)

§ 152.49 REVIEW APPEALS OF PERMIT DENIALS.

   (A)   The Zoning Agency (§ 152.47 of this subchapter) or Board shall review all data related to the appeal. This may include:

      (1)   Permit application data listed in § 152.46(B) of this chapter;

      (2)   Floodway/floodfringe determination data in § 152.33(D) of this chapter;

      (3)   Data listed in § 152.31(C)(1)(b) of this chapter 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.

   (B)   For appeals of all denied permits, the Board shall:

      (1)   Follow the procedures of § 152.48 of this subchapter;

      (2)   Consider Zoning Agency recommendations; and

      (3)   Either uphold the denial or grant the appeal.

   (C)   For appeals concerning increases in regional flood elevation, the Board shall:

      (1)   Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01-foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners; and

      (2)   Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01-foot provided no other reasons for denial exist.

(Ord. passed 7-15-2010)

§ 152.50 FLOODPROOFING.

   (A)   No permit or variance shall be issued 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 the flood protection elevation.

   (B)   Floodproofing measures shall be designed 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; and

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

   (C)   Floodproofing measures could include:

      (1)   Reinforcing walls and floors to resist rupture or collapse caused by water pressure;

      (2)   Adding mass or weight to prevent flotation;

      (3)   Placing essential utilities above the flood protection elevation;

      (4)   Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures;

      (5)   Constructing water supply wells and waste treatment systems to prevent the entry of flood waters; or

      (6)   Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.

(Ord. passed 7-15-2010)