[Amended 1-2-2008 by Ord. No. 674]
This article regulates all areas that would
be covered by the regional flood or base flood. Note: Base flood elevations
are derived from the flood profiles in the Flood Insurance Study.
Regional flood elevations may be derived from other studies. Areas
covered by the base flood are identified as A Zones on the Flood Insurance
Rate Map.
A. Official maps and revisions.
(1) The boundaries of all floodplain districts are designated
as floodplains or A Zones on the maps listed below and the revisions
in the Village of Saukville Floodplain Appendix. Any change to the
base flood elevations (BFE) in the Flood Insurance Study (FIS) or
on the Flood Insurance Rate Map (FIRM) must be reviewed and approved
by the DNR and FEMA before it is effective. No changes to regional
flood elevations (RFEs) on non-FEMA maps shall be effective until
approved by the DNR. These maps and revisions are on file in the office
of the Zoning Administrator, Saukville Village Hall, Saukville, Wisconsin.
If more than one map or revision is referenced, the most restrictive
information shall apply.
(2) Official maps: Ozaukee County Flood Insurance Rate
Maps (FIRMs) effective December 4, 2007, Panel Nos. 114 of 259, 118
of 259, 177 of 259, and 181 of 259, prepared by the Federal Emergency
Management Agency (FEMA), Map Nos. 55089C0114F, 55089C0118F, 55089C0177F
and 55089C181F. These maps and revisions are based on the Flood Insurance
Study (FIS), comprise the Official Floodplain Zoning Maps and have
been approved by the Department of Natural Resources (DNR) and FEMA.
B. Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in Subsection
B(1) or
(2) below. If a significant difference exists, the map shall be amended according to this chapter. 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 predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to this chapter and the criteria in Subsection
B(1) and
(2) below.
(1) 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.
(2) Where flood profiles do not exist, the location of
the boundary shall be determined by the map scale, visual on-site
inspection and any information provided by the Department.
(3) Note: Where the flood profiles are based on established
base flood elevations from a FIRM, FEMA must also approve any map
amendment pursuant to this chapter.
C. Removal of lands from floodplain. Compliance with
the provisions of this article shall not be grounds for removing land
from the floodplain unless it is filled at least two feet above the
regional or base flood elevation, the fill is contiguous to land outside
the floodplain, and the map is amended pursuant to this chapter. Note:
This procedure does not remove the requirements for the mandatory
purchase of flood insurance. The property owner must contact FEMA
to request a Letter of Map Change (LOMC).
D. Compliance. Any development or use within the areas
regulated by this article shall be in compliance with the terms of
this article, and other applicable local, state, and federal regulations.
E. Municipalities and state agencies regulated. Unless
specifically exempted by law, all cities, villages, towns, and counties
are required to comply with this article and obtain all necessary
permits. State agencies are required to comply if § 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 § 30.2022, Wis. Stats.,
applies.
F. Abrogation and greater restrictions.
(1) This article supersedes all previously adopted provisions of Chapter
205 which relate to floodplains. If another section of Chapter
205 is more restrictive than this article, that section shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. The provisions of this article, insofar as they are substantively the same as those of sections in force immediately prior to adoption of this article, are intended as a continuation of such sections and not as new enactments, and the effectiveness of such provisions shall date from the adoption of such prior sections.
(2) This article is not intended to repeal, abrogate or
impair any existing deed restrictions, covenants or easements. If
this article imposes greater restrictions, the provisions of this
article shall prevail.
G. Interpretation. In their interpretation and application,
the provisions of this article 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 article
or in effect on the date of the most recent text amendment to this
article.
H. Warning and disclaimer of liability. The flood protection
standards in this article are based on engineering experience and
scientific research. Larger floods may occur or the flood height may
be increased by man-made or natural causes. This article does not
imply or guarantee that non-floodplain areas or permitted floodplain
uses will be free from flooding and flood damages, nor does this article
create liability on the part of, or a cause of action against, the
municipality or any officer or employee thereof for any flood damage
that may result from reliance on this article.
I. Severability. Should any portion of this article be
declared unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this article shall not be affected.
J. Annexed areas for cities and villages. The Ozaukee
County floodplain zoning provisions in effect on the date of annexation
shall remain in effect and shall be enforced by the municipality for
all annexed areas until the municipality adopts and enforces an ordinance
which meets the requirements of Chapter NR 116, Wis. Adm. Code, and
the National Flood Insurance Program (NFIP). These annexed lands are
described on the municipality'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 municipal
zoning administrator. All plats or maps of annexation shall show the
regional flood elevation and the location of the floodway.
The community shall review all permit applications
to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is in a flood-prone area,
all new construction and substantial improvements shall be designed
or modified and adequately anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads; be constructed with materials resistant to flood
damage; be constructed by methods and practices that minimize flood
damages; and be constructed with electrical, heating, ventilation,
plumbing, and air-conditioning equipment and other service facilities
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding. Subdivisions
shall be reviewed for compliance with the above standards. 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 article.
Where a zoning administrator, building inspector,
planning agency or a board of adjustment/appeals has already been
appointed to administer a zoning ordinance adopted under § 59.69,
59.692 or 62.23(7), Wis. Stats., these officials shall also administer
this article.
A. Zoning Administrator.
(1) The Zoning Administrator is authorized to administer
this article and shall have the following duties and powers:
(a)
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.
(b)
Issue permits and inspect properties for compliance
with provisions of this article, and issue certificates of compliance
where appropriate.
(c)
The Building Inspector shall inspect, or cause
to be inspected, all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structures
has occurred.
(d)
Keep records of all official actions such as:
[1]
All permits issued, inspections made, and work
approved.
[2]
Documentation of certified lowest floor and
regional flood elevations for floodplain development.
[3]
Records of water surface profiles, floodplain
zoning maps and ordinances, nonconforming uses and structures, including
changes, appeals, variances and amendments.
[4]
All substantial damage assessment reports for
floodplain structures.
(e)
Submit copies of the following items to the
Department Regional office within 10 days of the decision, and a copy
of any decisions on variances, appeals for map or text interpretations,
and map or text amendments:
[1]
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.
[2]
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments.
(f)
Investigate, prepare reports, and report violations
of this article to the Village Board of Zoning Appeals and Village
Attorney for prosecution. Copies of the reports shall also be sent
to the Department Regional office.
(g)
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.
(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 high water 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 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 this chapter.
(3) Data requirements to analyze developments. 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 Chapter 236, Wis. Stats., and other proposed developments exceeding
five acres in area or where the estimated cost exceeds $125,000. The
applicant shall provide:
(a)
An analysis of the effect of the development
on the regional flood profile, velocity of flow and floodplain storage
capacity;
(b)
A map showing location and details of vehicular
access to lands outside the floodplain; and
(c)
A surface drainage plan showing how flood damage
will be minimized. 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 article shall expire one year 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 Building Inspector per §
205-15, except where no permit is required, subject to the following provisions:
(1) The certificate of compliance shall represent that
the building or premises or part thereof, and the proposed use, conforms
to the provisions of this article;
(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 10 days after written notification
that the permitted work is completed;
(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 this chapter.
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 Section 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
Marks shall be placed on structures, per §
205-13, to show the depth of inundation during the regional flood. All maps, engineering data and regulations shall be available and widely distributed, and real estate transfers should show what floodplain zoning district any real property is in.
Any violation of the provisions of this article
by any person shall be unlawful and shall be referred to the municipal
attorney, who shall expeditiously prosecute all such violators. A
violator shall, upon conviction, forfeit to the municipality a penalty
of not less than $100 and not more than $1,000, together with a taxable
cost of such action. Each day of continued violation shall constitute
a separate offense. Every violation of this article is a public nuisance
and the creation may be enjoined and the maintenance may be abated
by action at suit of the municipality, the state, or any citizen thereof
pursuant to § 87.30, Wis. Stats.
Unless specifically defined, words and phrases
in this article shall have their common law meaning and shall be applied
in accordance with their common usage. Words used in the present tense
include the future, the singular number includes the plural and the
plural number includes the singular. The word "may" is permissive;"shall"
is mandatory and is not discretionary.
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.
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.
BASE FLOOD
The flood having a one-percent 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,
i.e., below ground level, 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 article.
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, pick-up truck, tent or other mobile
recreational vehicle.
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 article.
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,
but 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 the 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, building, use or development
in the floodway.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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
article. 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.
EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK
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.
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.
FLOODFRINGE
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 INSURANCE RATE MAP (FIRM)
A map of a community on which the Federal Insurance Administration
has delineated both special flood hazard areas (the floodplain) and
the risk premium zones applicable to the community. This map can only
be amended by the Federal Emergency Management Agency.
FLOOD HAZARD BOUNDARY MAP
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered Z 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 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 Z
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:
A.
The overflow or rise of inland waters;
B.
The rapid accumulation or runoff of surface
waters from any source;
C.
The inundation caused by waves or currents of
water exceeding anticipated cyclical levels along the shore of Lake
Michigan or Lake Superior; or
D.
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.
FLOODPLAIN
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe,
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.
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.
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.
FLOOD PROTECTION ELEVATION
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood. (Also see "freeboard.")
FLOOD STORAGE
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
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 is required. 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.
HISTORIC STRUCTURE
Any structure that is either:
A.
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;
B.
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;
C.
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
D.
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,
equal to or greater than 0.01 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.")
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 vehicle."
NEW CONSTRUCTION
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the "start of construction" commenced on
or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, 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
article for the area of the floodplain which it occupies. (For example,
an existing residential structure in the floodfringe 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 article
for the area of the floodplain which it occupies (such as a residence
in the floodway).
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.
OFFICIAL FLOODPLAIN ZONING MAP
That map, adopted and made part of this article, as described
in this chapter which has been approved by the Department and FEMA.
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 Commerce, 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
Base flood waters will not inundate the land or damage structures
to be removed from the special flood hazard area and 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
one-percent 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, stream bed 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.
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 ordinance.
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.
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.
WATERSHED
The entire region contributing runoff or surface water to
a watercourse or body of water.
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.
WELL
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use