As used in this chapter, the following terms shall have the meanings
indicated:
A ZONES
Those areas shown on the Official Floodplain Zoning Map which
would be inundated by the regional flood. These areas may be numbered
or unnumbered A Zones. The A Zones may or may not be reflective of
flood profiles, depending on the availability of data for a given
area.
ACCESSORY STRUCTURE OR USE
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building.
An accessory structure shall not be used for human habitation.
AH ZONE
See "area of shallow flooding."
ALTERATION
An enhancement, upgrade or substantial change or modification
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air conditioning and other systems within a
structure.
AO ZONE
See "area of shallow flooding."
AREA OF SHALLOW FLOODING
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flood may be evident. Such flooding
is characterized by ponding or sheet flow.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year, as published by FEMA as part of a FIS and depicted
on a FIRM.
BASEMENT
Any enclosed area of a building having its floor subgrade
on all sides.
BULKHEAD LINE
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., and which allows limited
filling between this bulkhead line and the original ordinary high-water
mark, except where such filling is prohibited by the floodway provisions
of this chapter.
CAMPGROUND
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
CAMPING UNIT
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
trailer, motor home, bus, van, pickup truck, or tent that is fully
licensed, if required, and ready for highway use.
CERTIFICATE OF COMPLIANCE
A certification that the construction and the use of land
or a building, the elevation of fill or the lowest floor of a structure
is in compliance with all of the provisions of this chapter.
CHANNEL
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
CRAWLWAYS or CRAWL SPACE
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing
and electrical utilities.
DECK
An unenclosed exterior structure that has no roof or sides
and has a permeable floor which allows the infiltration of precipitation.
DEPARTMENT
The Wisconsin Department of Natural Resources.
DEVELOPMENT
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
DRYLAND ACCESS
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
ENCROACHMENT
Any fill, structure, equipment, use or development in the
floodway.
FLOOD FREQUENCY
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent chance of occurring in any given year.
FLOOD FRINGE
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
FLOOD HAZARD BOUNDARY MAP
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
FLOOD INSURANCE RATE MAP (FIRM)
A map of a community on which the Federal Insurance Administration
has delineated both the floodplain and the risk premium zones applicable
to the community. This map can only be amended by the Federal Emergency
Management Agency.
FLOOD INSURANCE STUDY
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps that accompany the Flood Insurance
Study form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
(1)
The overflow or rise of inland waters;
(2)
The rapid accumulation or runoff of surface waters from any
source;
(3)
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
(4)
The sudden increase caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
FLOOD PROFILE
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
FLOOD STORAGE
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
FLOODPLAIN
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the flood fringe
and may include other designated floodplain areas for regulatory purposes.
FLOODPLAIN ISLAND
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
FLOODPLAIN MANAGEMENT
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
FLOODPROOFING
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding for the purpose of reducing or eliminating
flood damage.
FLOODWAY
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
FREEBOARD
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or stream bed.
HEARING NOTICE
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. For appeals, a Class 1 notice, published once at least
one week (seven days) before the hearing, is required. For all zoning
ordinances and amendments, a Class 2 notice, published twice, once
each week consecutively, the last at least a week (seven days) before
the hearing. Local ordinances or bylaws may require additional notice
exceeding these minimums.
HIGH FLOOD DAMAGE POTENTIAL
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is either:
(1)
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior, or by the Secretary of the Interior in
states without approved programs.
INCREASE IN REGIONAL FLOOD HEIGHT
A calculated upward rise in the regional flood elevation
greater than 0.00 foot, based on a comparison of existing conditions
and proposed conditions, which is directly attributable to development
in the floodplain but not attributable to manipulation of mathematical
variables such as roughness factors, expansion and contraction coefficients
and discharge.
LAND USE
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
LOWEST ADJACENT GRADE
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
MAINTENANCE
The act or process of ordinary upkeep and repairs, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
MANUFACTURED HOME
A structure transportable in one or more sections which is
built on a permanent chassis and is designed to be used with or without
a permanent foundation when connected to required utilities. The term
"manufactured home" includes a mobile home but does not include a
mobile recreational vehicle.
MOBILE RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicles."
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this
chapter. At a minimum, this would include the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading or the pouring of concrete
pads.
MODEL, CORRECTED EFFECTIVE
A hydraulic engineering model that corrects any errors that
occur in the duplicate effective model, adds any additional cross
sections to the duplicate effective model, or incorporates more detailed
topographic information than that used in the current effective model.
MODEL, EFFECTIVE
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
MODEL, EXISTING (PRE-PROJECT)
A modification of the duplicate effective model or corrected
effective model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the effective
model, then this model would be identical to the corrected effective
model or duplicate effective model.
MODEL, REVISED (POST-PROJECT)
A modification of the existing or pre-project conditions
model, duplicate effective model or corrected effective model to reflect
revised or post-project conditions.
MUNICIPALITY or MUNICIPAL
The county, city or village governmental units enacting,
administering and enforcing this zoning chapter.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain zoning regulation adopted
by this community and includes any subsequent improvements to such
structures.
NONCONFORMING STRUCTURE
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
chapter for the area of the floodplain which it occupies. (For example,
an existing residential structure in the Flood-Fringe District is
a conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
NONCONFORMING USE
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this chapter
for the area of the floodplain which it occupies (such as a residence
in the floodway).
NONFLOOD DISASTER
A fire or an ice storm, tornado, windstorm, mudslide or other
destructive act of nature, but excludes a flood.
OBSTRUCTION TO FLOW
Any development which blocks the conveyance of floodwaters
such that this development alone or together with any future development
will cause an increase in regional flood height.
OPEN-SPACE USE
Those uses having a relatively low flood damage potential
and not involving structures.
ORDINARY HIGH-WATER MARK
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
PERSON
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
PRIVATE SEWAGE SYSTEM
A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved
by the Department of Safety and Professional Services, including a
substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located
on a different parcel than the structure.
PUBLIC UTILITIES
Those utilities using underground or overhead transmission
lines, such as electric, telephone and telegraph, and distribution
and collection systems, such as water, sanitary sewer and storm sewer.
REASONABLY SAFE FROM FLOODING
Means base flood waters will not inundate the land or damage
structures to be removed from the floodplain and that any subsurface
waters related to the base flood will not damage existing or proposed
buildings.
REGIONAL FLOOD
A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a
1% chance of being equaled or exceeded in any given year, and if depicted
on the FIRM, the RFE is equivalent to the BFE.
START OF CONSTRUCTION
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent
construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
initial excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For an alteration, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
STRUCTURE
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, streambed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
SUBDIVISION
Has the meaning given in § 236.02(12), Wis. Stats.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not include either any project for the
improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and
that are the minimum necessary to assure safe living conditions; or
any alteration of an historic structure provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
UNNECESSARY HARDSHIP
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of the chapter.
VARIANCE
An authorization by the Board of Adjustment or Appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in the Floodplain Zoning Ordinance.
VILLAGE
The Village of Elm Grove, Wisconsin.
VIOLATION
The failure of a structure or other development to be fully
compliant with the Floodplain Zoning Ordinance. A structure or other
development without required permits, lowest floor elevation documentation,
floodproofing certificates or required floodway encroachment calculations
is presumed to be in violation until such time as that documentation
is provided.
WATER SURFACE PROFILE
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
WATERSHED
The entire region contributing runoff or surface water to
a watercourse or body of water.
WELL
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods to obtain groundwater regardless
of its intended use.