The Department of Planning and Development, and the Fire Department-Division of Fire Prevention and Building Safety is hereby appointed to administer the provisions of this chapter. The Department of Planning and Development, Fire Department-Division of Fire Prevention and Building Safety or Engineering Department shall exercise the following duties and powers:

(1)

Advise applicants as to the provisions of this chapter and assist them in preparing permit applications.

(2)

Issue permits and inspect properties for compliance with this chapter and issue certificates of compliance when appropriate.

(3)

Keep records of all water surface profiles, floodplain zoning maps, floodplain zoning ordinances, nonconforming uses and changes thereto, permit applications, permits, appeals, variances and amendments related to floodplain zoning ordinance.

(4)

Submit copies of any required data, variances, amendments, case-by-case analyses, annual reports, and any other required information to the Department of Natural Resources. An annual summary showing only the number and types of zoning actions taken by the County, City or village shall be submitted to that Department by the Department of Planning and Development, Fire Department - Division of Fire Prevention and Building Safety or Engineering Department.

(5)

Investigate, prepare reports and report violations of the floodplain zoning ordinance to the City Attorney with copies to the appropriate district office of the Department of Natural Resources.

(6)

Submit copies of text amendments and annual reports to the Federal Insurance Administration (FIA) office of FEMA.

(7)

Maintain on file a list of all documentations of certified elevations.

(8)

Notify adjacent communities, the Department of Natural Resources and the Federal Insurance Administration (FIA) office of Federal Emergency Management Agency (FEMA) prior to any alteration or relocation of a watercourse.

(Code 1980, § 15.28(A)(1)—(7), (9); Ord. No. 4911, § I(attch.), 1-14-2016)

Editor's note— Ord. No. 4911, § I(attch.), adopted Jan. 14, 2016, amended § 115-27 and in so doing changed the title of said section from "Department of Planning and Development" to "Department responsibilities," as set out herein.

A land use permit shall be obtained from the Fire Department - Division of Fire Prevention and Building Safety before any new land use, change in use or development as defined in section 115-1, subject to the provisions of this article, may be initiated. An application for a land use permit shall be made to the Fire Department - Division of Fire Prevention and Building Safety upon forms furnished and shall include, for the purpose of proper enforcement of these regulations, the following data:

(1)

Name and address of the applicant and property owner;

(2)

Legal description of the property and type of proposed use;

(3)

A sketch showing the dimensions of the lot and locations of buildings from lot line, center line of abutting highways and high-water mark of any abutting watercourse;

(4)

All information concerning any private water or onsite sewage disposal system to be installed, including a sketch showing surveyed location of wells, streams, lakes, buildings, privies and septic tank systems within 100 feet of proposed sewage disposal site;

(5)

When a land use permit is required by article V, division 2 of this chapter, the fee shall be as established by resolution.

(Code 1980, § 15.28(A)(8)(a); Ord. No. 4911, § I(attch.), 1-14-2016)

Cross reference— Persons indebted to City not to be issued permit, license or lease, § 2-292.

No development as defined in this chapter shall take place, no vacant land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until the applicant obtains a certificate of compliance from the Fire Department - Division of Fire Prevention and Building Safety. The fee to be paid to the City for a certificate of compliance shall be as established by resolution. For land in the floodplain, the Fire Department - Division of Fire Prevention and Building Safety shall require that the applicant submit a certification by a registered professional engineer or architect that the finished fill and building flood elevations and other floodplain regulatory factors were accomplished in compliance with appropriate floodplain zoning provisions and other floodplain regulations; the applicant shall submit such certification for all new construction and substantial improvements. In the event a variance has been granted relative to the elevation of the lowest habitable floor (including basement), or floodproofing measures for any new or substantially improved structures, the applicant must submit to the Fire Department - Division of Fire Prevention and Building Safety the elevation (in relation to mean sea level) certified by a registered Wisconsin professional engineer or architect of the lowest habitable floor (including basement) and/or the elevation (in relation to mean sea level) to which the structure was floodproofed. Upon written request from the owner, the Fire Department - Division of Fire Prevention and Building Safety shall issue a certificate of compliance for any building or premises existing at the time of the adoption of this article certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions for this article.

(Code 1980, § 15.28(A)(8)(b); Ord. No. 4911, § I(attch.), 1-14-2016)

It is the responsibility of the applicant to secure all other necessary permits from all appropriate Federal, State and local agencies, including those required under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334. A land use permit shall not be issued until all other necessary permits have been obtained.

(Code 1980, § 15.28(A)(8)(c))

No building shall be erected, reconstructed, or structurally altered, which, when upon completion of the erection, reconstruction, or alteration, any portion of it shall abut upon a public street, alley, way or ground, unless and until upon application for a permit for such erection, reconstruction, or alteration, the applicant shall furnish a survey made by a qualified land surveyor in sufficient detail to show that the proposed construction will not in any way encroach upon any public lands.

(Code 1980, § 15.04(F))

A proof of zoning letter shall be provided by the Fire Department - Division of Fire Prevention and Building Safety upon request after payment of a fee in the amount established by resolution.

(Code 1980, § 15.20; Ord. No. 4911, § I(attch.), 1-14-2016)

Except as provided in subsections (6) and (7) of this section:

(1)

General. The existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:

a.

No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this chapter. For the purpose of this section, the terms "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components. A nonconforming use may be expanded by no more than 120 square feet (60 square feet in a floodplain zoning district) for the purpose of constructing a handicap accessible bathroom provided that the addition, in combination with other modifications or additions to the building, does not exceed 50 percent of the present equalized assessed value of the building and conform with all other provisions of this Code, including building setback requirements.

b.

If a nonconforming use is discontinued for 12 consecutive months, any future use of the structure or building shall conform with the appropriate provisions of this chapter.

c.

A nonconforming use may be changed to a use of higher classification but not to a use of lower classification, nor shall a nonconforming use be changed to another use of the same classification unless the new use shall be deemed by the Board of Appeals, after public notice and hearing, to be no more harmful to the surrounding neighborhood, from the standpoint of the purposes of this chapter, than the existing nonconforming use;, provided, however, the Board of Appeals shall not have authority to authorize structural alterations or additions to be made to the building or structures nor authorize an extension of a nonconforming use.

d.

The order of classification of uses from highest to lowest for the purposes of this section shall be as follows: Residence District uses, Multiple Dwelling District uses, Local Business District uses, Commercial District uses, Light Industrial District uses, Heavy Industrial District uses, as permitted under this chapter.

e.

A nonconforming use shall not be extended, but the extension of a use to any portion of a building, which portion is on the effective date of this chapter, primarily arranged or designed for such nonconforming use, shall not be deemed to be an extension of a nonconforming use.

f.

The remodeling involving structural alterations made in a nonconforming building shall not during its life exceed 50 percent of its assessed value, nor shall the building be enlarged, unless the use therein is changed to a conforming use.

1.

No modification or additions shall be allowed to any existing structures which are not in compliance with permitted floodway standards or uses, unless such modifications or additions meet all the following criteria:

(i)

The modifications or additions to a structure will not increase the amount of obstruction to flood flows pursuant to article V, division 2 of this chapter;

(ii)

Any addition to a structure shall be floodproofed by means other than the use of fill to the flood protection elevation;

(iii)

No structural repairs, modifications or additions to a structure, which exceed over the life of a structure 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming use;

(iv)

If any nonconforming structure is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the use is permitted in the floodway district and the structure meets the provisions of chapter 8, article IV. For the purpose of this section, restoration is deemed impractical where the total cost of such restoration would exceed 50 percent of the present equalized assessed value of said structure.

2.

No new onsite sewage disposal system or additions to existing onsite sewage disposal systems shall be allowed in a floodway area. Any replacement, repair or maintenance of an onsite sewage disposal system in a floodway area shall meet the applicable provisions of local ordinances and Wis. Admin. Code ch. SPS 383.

3.

No new well used to obtain water for ultimate human consumption or modifications to an existing well shall be allowed in a floodway area. Any replacement, repair or maintenance of a well in a floodway area shall meet the applicable provisions of local ordinances and Wis. Admin. Code chs. NR 111 and 112.

4.

As requests are received for modifications or additions to nonconforming structures in the floodway, the City shall develop a list of those nonconforming structures, their assessed value and a list of the costs of those activities associated with changes to those structures enumerated in this section.

(2)

Flood storage zoning overlay district. The applicable provisions of section 115-32 shall apply.

(3)

Regional flood fringe zoning overlay district.

a.

All modifications or additions to any nonconforming structure, which do not exceed 50 percent of its present equalized assessed value, shall be protected by floodproofing measures. No structural modification or addition to any nonconforming structure, which over the life of the structure exceed 50 percent of its present equalized assessed value shall be allowed unless the use is permitted in the Regional Flood Fringe Zoning Overlay District and the structure meets the provisions of this Code.

b.

Where compliance with the provisions of subsection (3)a of this section would result in unnecessary hardship, and only where the structure will not be either used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedure in section 115-59(2), may grant a variance from those provisions, using the criteria listed below. Modifications or additions to structures or buildings which are protected to elevations lower than the flood protection elevation may be permitted if:

1.

Human lives are not endangered;

2.

Public facilities, such as water or sewer, are not to be installed;

3.

Flood depths will not exceed four feet; and

4.

Flood velocities will not exceed two feet per second.

c.

Any new, addition to, replacement, repair or maintenance of an onsite sewage disposal system in a flood fringe area shall meet all the applicable provisions of all ordinances and Wis. Admin. Code ch. SPS 383.

d.

Any new, addition to, replacement, repair or maintenance of a well in a flood fringe area shall meet the applicable provisions of this chapter and Wis. Admin. Code chs. NR 111 and 112.

e.

If a variance is granted, the community shall notify the property owner that increased flood insurance premiums may result.

(4)

Shallow depth floodplain zoning overlay district. The provisions of subsection (3) of this section shall apply.

(5)

Improvements to nonconforming buildings in the floodplain districts destroyed by a nonflood disaster.

a.

The term "nonconforming building" means as specified by rule by the Wisconsin Department of Natural Resources for purposes of floodplain zoning under Wis. Stat. § 87.30 and includes a building with a nonconforming use.

b.

The term "nonconforming use" means as specified by rule by the Wisconsin Department of Natural Resources for purposes of floodplain zoning under Wis. Stat. § 87.30.

c.

The term "nonflood disaster" means a fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood.

d.

Nonconforming buildings that are damaged or destroyed by a nonflood disaster shall be permitted to be repaired, reconstructed or improved in order to restore it after the nonflood disaster, except as provided in subsection (5)e of this section.

e.

The repair, reconstruction or improvement of a nonconforming building shall not be permitted if the nonconforming building fails to meet one or more of the minimum requirements applicable to such a nonconforming building under 42 USC 4001 to 4129 or under the regulations promulgated thereunder.

(6)

Repair and maintenance of certain nonconforming structures.

a.

In this section:

1.

"Development regulations" means the part of this chapter that applies to elements including setback, height, lot coverage, and side yard.

2.

"Nonconforming structure" means a dwelling or other building that existed lawfully before this chapter was enacted or amended, but that does not conform with one or more of the development regulations in this chapter.

b.

Nothing in this section prohibits, or limits based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.

(7)

Restoration of certain nonconforming structures.

a.

Restrictions that are applicable to damaged or destroyed nonconforming structures in this chapter do not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to subsection (7)b of this section, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:

1.

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

2.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

b.

Such a structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable State or Federal requirements.

(Code 1980, § 15.27)

State Law reference— Nonconformities, Wis. Stat. § 62.23(7)(ab), (7)(h), (7)(hb), (7)(hc), (7)(hg).

After a petition or ordinance for rezoning of property has been heard and denied, no other petition or ordinance by the same owner affecting the same property or portion thereof, requesting the same change in zoning shall be filed, introduced or heard for a period of one year from the date of said denial, unless there is a substantial change in circumstances. The determination as to whether a substantial change in circumstances exists is in the discretion of the Common Council. Petitioner shall put the request for substantial change in writing and submit with the petition or ordinance re-filing to be considered simultaneously. This Section 115-34 does not, however, prohibit a petition or ordinance for rezoning for property rezoned as part of a comprehensive rezoning wherein property owners are allowed a onetime opportunity to rezone their property to the former zoning within a one-year period of time at no cost to them. After an application for a conditional use permit regarding certain property has been heard and denied, no other application requesting the same conditional use by the same owner at the same location can be filed or heard for a period of one year from the date of said denial.

(Code 1980, § 15.40; Ord. No. 5294, § I, 6-13-2024)

State Law reference— Zoning amendments, Wis. Stat. § 62.23(7)(d).

A Board of Appeals is hereby established. The Board shall consist of five members and two alternates who shall be appointed by the Mayor, subject to confirmation of the Council. The members of the Board shall serve without compensation. The Mayor shall designate one of the members Chair. The City Clerk shall serve as Secretary of the Board. The term of office of the members of the Board shall be for three years, with no more than two terms expiring the same year. The term of the alternates shall be for staggered terms of three years. Annually, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent.

(Code 1980, § 15.29(A))

State Law reference— Board of Appeals membership, Wis. Stat. § 62.23(7)(e)2.

The Board of Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter and Wis. Stat. § 62.23(7). Meetings shall be held at the call of the Chair and at such other times as the Board may determine and shall be open to the public. Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question, the reasons for the Board's determination, and its findings of facts. The records shall be immediately filed in the office of the Secretary and shall be a public record. A copy of any decision granting a variance from floodplain regulations within any floodplain area shall be mailed to the Department of Natural Resources. A representative from the Fire Department - Division of Fire Prevention and Building Safety shall attend all meetings for the purpose of providing technical assistance to the Board.

(Code 1980, § 15.29(B); Ord. No. 4911, § I(attch.), 1-14-2016)

Cross reference— Charter ordinance relative to quorum and vote required for Board to act, app. A, § 18.

State Law reference— Similar provisions, Wis. Stat. § 62.23(7)(e)3.

The Board of Appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Fire Department - Division of Fire Prevention and Building Safety.

(2)

To hear and grant appeals for variances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured. A variance:

a.

Shall be consistent with the spirit and intent of this chapter.

b.

Shall not permit any change in established flood elevations or profiles.

c.

Shall not be granted for a use that is common to a group of adjacent lots or premises. (In such a case, this chapter would have to be amended through proper procedures.)

d.

Shall not be granted unless it is shown that the variance will not be contrary to the public interest or damaging to the rights of other persons or property values in the area.

e.

Shall not be granted for actions which require an amendment to the floodplain zoning provisions of this chapter.

f.

Shall not have the effect of allowing or expanding a use or structure which is prohibited in that zoning district by the floodplain zoning provisions of this chapter or Wis. Admin. Code ch. NR 116.

g.

Shall not be granted solely on the basis of economic gain or loss.

h.

Shall not be granted for a self-created hardship.

i.

Shall not permit a lower degree of flood protection in the Floodway District.

j.

Should not allow any floor or crawlspace below Regional Flood Elevation for residential or commercial structures as required by Wis. Admin. Code ch. NR 116.

(3)

To hear and decide interpretations of the zoning regulations and the boundaries of the zoning districts. The following procedure shall be used by the Board of Appeals in disputes of a floodplain zoning district boundary:

a.

Flood district boundaries. When the location of the Flood Zoning Overlay or Floodway district boundaries are established by flood maps or engineering studies pursuant to section 115-110, the flood elevations or "flood profiles" for the point in question shall be the governing factor in locating the district boundary. If no elevation or profiles are available to the Board, any other available evidence may be examined.

b.

In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board of Appeals and if he chooses, submit his own technical evidence. If the Board determines that the district boundary as mapped is incorrect, the person contesting the location of the boundary may then proceed to petition La Crosse City Council for a map amendment, pursuant to section 115-87.

(4)

To permit a change of nonconforming use to another of the same classification where the Board, after public hearing thereon, deems that the proposed use will be no more harmful to the surrounding neighborhood, from the standpoint of the purposes of this chapter, than the existing nonconforming use; provided, however, the Board of Appeals shall not have authority to authorize structural alterations or additions to be made to the building or structures nor authorize an extension of a nonconforming use.

(5)

To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district.

(6)

The Board may reverse, affirm wholly or partly modify the requirements appealed from, and may direct the issue of a permit.

(7)

The Board may request assistance from other City officers, departments, commissions and boards.

(8)

The Chair, or in his absence the Acting Chair, may administer oaths and compel the attendance of witnesses.

(9)

To permit uses listed in section 115-153(a) in the Heavy Industrial District in accordance with the provisions of said section.

(10)

To permit a private garage to house more than three noncommercial automobiles, as an accessory building to a dwelling, hospital, school or other public or semi-public institution, provided that the lot whereon such garage is to be located shall contain an area of not less than 2,000 square feet per motor vehicle housed.

(11)

If recommended by the Public Service Commission of Wisconsin, to permit, in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used by a public service corporation or for a public purpose in any location and for any purpose which is reasonably necessary for the public convenience and welfare.

(12)

When a variance is granted from the provisions of the floodplain regulations, the applicant shall be notified in writing by the Chair or Secretary of the Board of Appeals that increased flood insurance premiums may result. A copy of this notification shall be maintained with the variance appeal record.

(Code 1980, § 15.29(C); Ord. No. 4911, § I(attch.), 1-14-2016)

State Law reference— Similar provisions, Wis. Stat. § 62.23(7)(e)7.

(a)

Appeals procedure. Appeals from the decision of the Fire Department - Division of Fire Prevention and Building Safety concerning the literal enforcement of this chapter may be made by any office, department, board or bureau of the City. Every appeal shall be filed with the secretary with a complete copy to Fire Department - Division of Fire Prevention and Building Safety on forms provided by the Fire Department - Division of Fire Prevention and Building Safety and the City Clerk's Office, within the time limit provided by rules of the Board. The Secretary of the Board shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. Such appeals shall include the following:

(1)

Name and address of the appellant or applicant and all owners of property in the City of La Crosse within 100 feet of the property which is the subject of the appeal.

(2)

Map showing the location, boundaries, dimensions, uses and size of the following: subject site, existing and proposed structures, existing and proposed easements; streets and other public ways, off-street parking areas, and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the map shall show the location and use of any abutting land and their structures within 20 feet of the subject site. Additional information may be required as specified in the forms provided by the Fire Department - Division of Fire Prevention and Building Safety and City Clerk's Office.

(3)

If the appeal seeks a variance or determination to place a structure, except a fence, within four feet or less of a property line, then the applicant shall submit with its application or appeal an affidavit in recordable form that is signed by the adjacent property owner agreeing to the location of the joint lot line. A copy of the affidavit shall be presented to the Chief Inspector.

(4)

Additional information required by the Board of Appeals Fire Department - Division of Fire Prevention and Building Safety.

(5)

Fee receipt from the Director of Finance/Treasurer in the amount established by resolution.

(b)

Hearings. The Board of Appeals shall fix a reasonable time and place for the hearing of the appeal, give public notice as required by State statute, and shall give due notice to the parties in interest including the Fire Department - Division of Fire Prevention and Building Safety and Department of Natural Resources if such appeal involves floodway or floodplain zoning provisions. At the hearing, the appellant may appear in person, by agent or by attorney.

(c)

Decision. The Board of Appeals shall decide all appeals within a reasonable time after the final hearing and shall transmit a signed copy of the Board's decision to the appellant and to the Department of Natural Resources if such appeal involves Floodway or Flood Plain Zoning provisions.

(d)

Shoreland-wetland zoning. As to appeals involving provisions in chapter 109:

(1)

Before making a decision on an appeal, the 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 Wis. Stat. ch. 985 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 at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.

(3)

The final disposition of an appeal to the 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.

(4)

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 days after the decision is issued.

(Code 1980, §§ 15.29(D)—(F), 15.36(E)(4)(C), (E)(4)(D); Ord. No. 4911, § I(attch.), 1-14-2016)

State Law reference— Appeals, Wis. Stat. § 62.23(7)(e)4—(7)(e)6.

Any person or persons aggrieved by any decision of the Board of Appeals may present to the Court of Record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after filing of the decision in the office of the Board of Appeals.

(Code 1980, § 15.29)

State Law reference— Appeals to court, Wis. Stat. § 62.23(7)(e)10.

(a)

Whenever the public necessity, convenience, general welfare or good zoning practice require, the Common Council may, by ordinance, change or supplement the regulation established by this chapter or amendments thereto. Such changes or amendments shall be subject to the review and recommendation of the City Plan Commission.

(b)

Official amendments are required for any changes in the official floodway lines, water surface profiles, floodplain zoning maps or floodplain zoning ordinance. Amendments of official floodway lines shall meet the provision of Wis. Admin. Code § NR 116.12. Actions which require an amendment by the City include, but are not limited to, the following:

(1)

Any change in the official floodway lines or in the boundary of the floodplain area;

(2)

Settlement of conflicts between the water surface profiles and floodplain zoning maps;

(3)

Any fill or encroachment into the floodway which will result in raising the elevation of an area in the floodway to a height at or above the elevation of the regional flood;

(4)

Any fill or encroachment that will cause a change in the water surface profiles of the regional flood; and

(5)

Any upgrading of floodplain zoning ordinances in accordance with Wis. Admin. Code § NR 116.05.

(Code 1980, § 15.34(A))

A change or amendment to the text of this chapter may be changed in accordance with State law. A change or amendment to the zoning map may be initiated by the Common Council, City Plan Commission or by a petition of one or more of the owners of property within the area proposed to be changed.

(Code 1980, § 15.34(B))

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the City Clerk on completed forms provided by the City Clerk by not later than 5:00 p.m. on the Friday preceding the regularly scheduled Council meeting and in any event no later than noon on Wednesday preceding the regularly scheduled Council Meeting. All applications which miss the Friday deadline must have approval from the Council Member representing that District or the Mayor to file prior to Wednesday deadline. The form shall be correctly answered in its entirety. The Fire Department - Division of Fire Prevention and Building Safety may require the following data be provided with any petitions to change any flood district boundary or floodplain regulation. Any petitioner who misses the Friday deadline must complete a notarized form which states that the petitioner has contracted the Council Member of the District, or has obtained a written waiver by the Mayor, and will personally contact those property owners required to be provided notice of the rezoning no later than the first publication date, which date shall be included in the form. The City Clerk shall provide said petitioner who misses the deadline a list of those property owners being required to receive such notice and the date of the first required publication. The City Clerk shall notify the Council Member of the affected district of such late filing.

(1)

Two copies of an aerial photograph, or a plan which accurately locates the floodplain proposal with respect to the floodplain district limits, channel of stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures;

(2)

The following additional information as is deemed necessary by the Department of Natural Resources for evaluation of the effects of the proposal upon flood flows and to determine the effects on the boundaries of the floodway and, where applicable, the regional flood elevation.

a.

A typical valley cross section showing the channel of the stream, the floodplain adjoining each side of the channel, cross sectional area to be occupied by the proposed development and high water information.

b.

Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site, location and elevations of streets, water supply, 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.

d.

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

(Code 1980, § 15.34(C); Ord. No. 4911, § I(attch.), 1-14-2016)

The City Plan Commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied.

(Code 1980, § 15.34(D))

(a)

Hearings. The City Council shall hold a public hearing upon each proposed amendment as provided by Wis. Stat. § 62.23(7)(d).

(b)

Common Council action. Following such hearings and after careful consideration of the City Plan Commission's recommendation, the Common Council shall vote on the passage of the proposed change or amendment.

(Code 1980, § 15.34(E), (F))

Editor's note— Ord. No. 5284, adopted April 11, 2024, repealed § 115-86, which pertained to protest, and derived from the 1980 Code; and Ord. No. 5039, adopted December 14, 2017.

Copies of any amendment affecting any floodplain zoning district or regulation proposed to City Council shall be forwarded by the City Clerk, together with the first notice of the public hearing thereon, to the main office and appropriate district office of the Department of Natural Resources, and the Federal Emergency Management Agency. The amendment procedure shall comply with the provisions of Wis. Stat. § 62.23. No amendment to the text or maps shall become effective until approved by the Department of Natural Resources, the Federal Emergency Management Agency and, in the case of map amendments, until an official letter of map amendment has been issued by the Federal Emergency Management Agency. Approval by the Federal Emergency management Agency is also not necessary for the map amendment made for the La Crosse River Valley Floodplain Study.

(Code 1980, § 15.34(H))

All petitions for amendments of this chapter shall be accompanied by a fee in in the amount established by resolution upon filing of zoning amendment petition.

(Code 1980, § 15.34(I))

The Fire Department - Division of Fire Prevention and Building Safety shall not issue any building permit for lands that are in the process of being considered for rezoning by the Council after 5:00 p.m. on the Friday preceding the introduction at a Council Meeting of an amendment to this chapter. Persons desiring to obtain a building permit during the pendency of a rezoning may request of the Judiciary and Administration Committee of the Common Council a hearing. At least ten days' notice of the hearing shall be given to applicant and other interested parties. At said hearing, the Judiciary and Administration Committee may authorize the issuance of a building permit. This provision shall not apply to comprehensive rezonings unless the Council otherwise directs.

(Code 1980, § 15.34(J); Ord. No. 4911, § I(attch.), 1-14-2016)

All rezoning amendments, except as otherwise provided by the Common Council for comprehensive rezonings, shall require written notification by regular mail to the owners of record of land included in such change located with 300 feet radius.

(Code 1980, § 15.34(K); Ord. No. 5286, § II, 4-11-2024)