[HISTORY: Adopted by the Village Board of
the Village of Shorewood 9-2-2008 by Ord. No. 1942. Amendments noted where
applicable.]
GENERAL REFERENCES
Conservation Committee — See Ch. 16.
Planning and Development Department — See Ch. 44.
Building construction — See Ch. 225.
Construction site erosion and stormwater management — See Ch. 250.
Streets, sidewalks and public areas — See Ch. 466.
Subdivision and land division — See Ch. 470.
Zoning — See Ch. 535.
This chapter is adopted pursuant to the authorization
in § 61.35, Wis. Stats., and the requirements in § 87.30,
Wis. Stats.
Uncontrolled development and use of the floodplains
and rivers of this municipality would impair the public health, safety,
convenience, general welfare and tax base.
This chapter is intended to regulate floodplain
development to:
A.
Protect life, health and property;
B.
Minimize expenditures of public funds for flood-control
projects;
C.
Minimize rescue and relief efforts undertaken at the
expense of the taxpayers;
D.
Minimize business interruptions and other economic
disruptions;
E.
Minimize damage to public facilities in the floodplain;
F.
Minimize the occurrence of future flood blight areas
in the floodplain;
G.
Discourage the victimization of unwary land and homebuyers;
H.
Prevent increases in flood heights that could increase
flood damage and result in conflicts between property owners; and
I.
Discourage development in a floodplain if there is
any practicable alternative to locate the activity, use or structure
outside of the floodplain.
This chapter shall be known as the "Zoning — Floodplain
Regulations" for the Village of Shorewood, Wisconsin, and shall be
referred to as either "this chapter" or 'this ordinance" throughout
this chapter.
A.
Areas to be regulated. This chapter 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.
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B.
Official maps and revisions. 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 Shorewood 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 Village Clerk, Village of Shorewood.
If more than one map or revision is referenced, the most-restrictive
information shall apply.
(1)
Official maps: based on the Milwaukee County Flood
Insurance Study (FIS), dated September 2008, Volume Numbers 55079CV001A,
55079CV002A, 55079CV003A, 55079CV004A, and 55079CV005A.
(2)
Milwaukee County Flood Insurance Rate Map (FIRM),
Panel Numbers 55079C0081E, 55079C0082E, 55079C0084E, 55079C0101E,
and 55079C0103E, dated September 26, 2008, with corresponding profiles
that are based on the FIS approved by the DNR and FEMA.
C.
Establishment of districts. The regional floodplain
areas are divided into three districts, as follows:
(1)
The Floodway District (FW) is the channel of a river
or stream and those portions of the floodplain adjoining the channel
required to carry the regional floodwaters.
(2)
The Flood Fringe District (FF) is that portion of
the floodplain between the regional flood limits and the floodway.
(3)
The General Floodplain District (GFP) is those areas
that have been or may be covered by floodwater during the regional
flood.
D.
Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection D(1) or (2) below. If a significant difference exists, the map shall be amended according to § 536-12. 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 § 536-11D(3) and the criteria in Subsection D(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.
Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 536-12A(6).
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E.
Removal of lands from floodplain. Compliance with the provisions of this chapter 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 § 536-12.
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).
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F.
Compliance. Any development or use within the areas
regulated by this chapter shall be in compliance with the terms of
this chapter and other applicable local, state, and federal regulations.
G.
Municipalities and state agencies regulated. Unless
specifically exempted by law, all cities, villages, towns, and counties
are required to comply with this chapter 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 are exempt when § 30.2022, Wis. Stats.,
applies.
H.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any
municipal zoning ordinance enacted under § 61.35 or § 87.30,
Wis. Stats., which relate to floodplains. If another ordinance is
more restrictive than this chapter, that ordinance shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
(2)
This chapter is not intended to repeal, abrogate or
impair any existing deed restrictions, covenants or easements. If
this chapter imposes greater restrictions, the provisions of this
chapter shall prevail.
I.
Interpretation. In their interpretation and application,
the provisions of this chapter 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 chapter, required by Ch. 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 chapter or
in effect on the date of the most-recent text amendment to this chapter.
J.
Warning and disclaimer of liability. The flood-protection
standards in this chapter 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 chapter does
not imply or guarantee that nonfloodplain areas or permitted floodplain
uses will be free from flooding and flood damages; nor does this chapter
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 chapter.
K.
General development standards. 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
chapter.
A.
Hydraulic and hydrologic analyses.
(2)
The Zoning Administrator shall deny permits if it is determined that the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection A(3) are met.
(3)
Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with § 536-12.
Note: This section refers to obstructions or
increases in base flood elevations as shown on the officially adopted
FIRM or other adopted map. Any such alterations must be reviewed and
approved by FEMA and the DNR.
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B.
Watercourse alterations.
(1)
No land use permit to alter or relocate a watercourse
in a mapped floodplain shall be issued until the local official has
notified, in writing, all adjacent municipalities, the Department
and FEMA regional offices and required the applicant to secure all
necessary state and federal permits. The flood-carrying capacity of
any altered or relocated watercourse shall be maintained.
(2)
As soon as is practicable, but not later than six
months after the date of the watercourse alteration or relocation,
the Zoning Administrator shall notify FEMA of the changes by submitting
appropriate technical or scientific data in accordance with NFIP guidelines
that shall be used to revise the FIRM, risk premium rates and floodplain
management regulations as required.
C.
Chapters 30 and 31, Wis. Stats., development. Development which requires a permit from the Department under Chapters 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFEs established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or this chapter are made according to § 536-12.
A.
Applicability. This section applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 536-9D.
B.
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District if they are not prohibited by any other ordinance, they meet the standards in § 536-7C and D, and all permits or certificates have been issued according to § 536-11B:
(1)
Agricultural uses, such as: farming, outdoor plant
nurseries, horticulture, viticulture and wild crop harvesting.
(2)
Nonstructural industrial and commercial uses, such
as loading areas, parking areas and airport landing strips.
(3)
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 536-7C(4).
(6)
Functionally water-dependent uses, such as docks,
piers or wharves, dams, flowage areas, culverts, navigational aids
and river crossings of transmission lines, and pipelines that comply
with Chs. 30 and 31, Wis. Stats.
C.
Standards for developments in floodway areas.
(1)
(2)
Structures. Structures accessory to permanent open
space uses or functionally dependent on a waterfront location may
be allowed by permit if the structures comply with the following criteria:
(a)
The structure is not designed for human habitation
and does not have a high flood damage potential;
(b)
It must be anchored to resist flotation, collapse,
and lateral movement;
(c)
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood-protection elevation; and
(d)
It must not obstruct flow of floodwaters or
cause any increase in flood levels during the occurrence of the regional
flood.
(4)
Fills or deposition of materials. Fills or deposition
of materials may be allowed by permit if:
(b)
No material is deposited in the navigable channel
unless a permit is issued by the Department pursuant to Ch. 30, Wis.
Stats., and a permit pursuant to Section 404 of the Federal Water
Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344,
has been issued, if applicable, and the other requirements of this
section are met;
(c)
The fill or other materials will be protected
against erosion by riprap, vegetative cover, sheet piling or bulkheading;
and
(d)
The fill is not classified as a solid or hazardous
material.
D.
Prohibited uses. All uses not listed as permitted uses in § 536-7B are prohibited, including the following uses:
(1)
Habitable structures, structures with high flood damage
potential, or those not associated with permanent open-space uses;
(2)
Storing materials that are buoyant, flammable, explosive,
or injurious to property, water quality, or human, animal, plant,
fish or other aquatic life;
(3)
Uses not in harmony with or detrimental to uses permitted
in the adjoining districts;
(4)
Any private or public sewage systems, except portable latrines that
are removed prior to flooding and systems associated with recreational
areas and Department-approved campgrounds that meet the applicable
provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
[Amended 5-15-2017 by Ord. No. 2077]
(5)
Any public or private wells which are used to obtain
potable water, except those for recreational areas that meet the requirements
of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
(6)
Any solid or hazardous waste-disposal sites;
(7)
Any wastewater treatment ponds or facilities, except
those permitted under § NR 110.15(3)(b), Wis. Adm. Code;
(8)
Any sanitary sewer or water supply lines, except those
to service existing or proposed development located outside the floodway
which complies with the regulations for the floodplain area occupied.
A.
Applicability. This section applies to all flood fringe areas shown on the Floodplain Zoning Maps and those identified pursuant to § 536-9D.
C.
Standards for development in flood fringe areas. Section 536-6A shall apply, in addition to the following requirements, according to the use requested.
(1)
Residential uses. Any habitable structure, including
a manufactured home, which is to be erected, constructed, reconstructed,
altered, or moved into the flood fringe area shall meet or exceed
the following standards:
(a)
The elevation of the lowest floor, excluding
the basement or crawlway, shall be at or above the flood-protection
elevation on fill. The fill shall be one foot or more above the regional
flood elevation, extending at least 15 feet beyond the limits of the
structure. The Department may authorize other floodproofing measures
if the elevations of existing streets or sewer lines makes compliance
with the fill standards impractical.
(b)
The basement or crawlway floor may be placed
at the regional flood elevation if it is floodproofed to the flood-protection
elevation. No basement or crawlway floor is allowed below the regional
flood elevation.
(c)
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection C(1)(d) below.
(d)
In developments where existing street or sewer line elevations make compliance with Subsection C(1)(c) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation if:
[1]
The municipality has written assurance from
police, fire and emergency services that rescue and relief will be
provided to the structure(s) by wheeled vehicles during a regional
flood event; or
[2]
The municipality has a natural disaster plan
approved by Wisconsin Emergency Management and the Department.
(2)
Accessory structures or uses.
(a)
Except as provided in Subsection C(2)(b), an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
(b)
An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of § 536-7C(2)(a), (b), (c) and (d) and § 536-8C(5) below.
(3)
Commercial uses. Any commercial structure which is erected, altered or moved into the flood fringe area shall meet the requirements of § 536-8C(1). Subject to the requirements of § 536-8C(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(4)
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood fringe area shall be protected to the flood-protection elevation using fill, levees, floodwalls, or other floodproofing measures in § 536-11F. Subject to the requirements of § 536-8C(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(5)
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood-protection elevation or be floodproofed in compliance with § 536-11F. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
(6)
Public utilities, streets and bridges. All utilities,
streets and bridges shall be designed to be compatible with comprehensive
floodplain development plans and:
(a)
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with § 536-11F to the flood-protection elevation.
(b)
Minor roads or nonessential utilities may be
constructed at lower elevations if they are designed to withstand
flood forces to the regional flood elevation.
(7)
Sewage systems. All on-site sewage disposal systems shall be floodproofed, pursuant to § 536-11F, to the flood-protection elevation and shall meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
[Amended 5-15-2017 by Ord. No. 2077]
(8)
Wells. All wells shall be floodproofed, pursuant to § 536-11F, to the flood-protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(9)
Solid waste disposal sites. Disposal of solid or hazardous
waste is prohibited in flood fringe areas.
(10)
Deposition of materials. Any deposited material
must meet all the provisions of this chapter.
(11)
Manufactured homes.
(12)
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in § 536-8C(11)(b) and (c). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
A.
Applicability. The provisions for this district shall
apply to all floodplains for which flood profiles are not available
or where flood profiles are available but floodways have not been
delineated. Floodway and Flood Fringe Districts shall be delineated
when adequate data is available.
B.
D.
Determining floodway and flood fringe limits. Upon
receiving an application for development within the General Floodplain
District, the Zoning Administrator shall:
(1)
Require the applicant to submit two copies of an aerial
photograph or a plan which shows the proposed development with respect
to the General Floodplain District limits, stream channel, and existing
floodplain developments, along with a legal description of the property,
fill limits and elevations, building floor elevations and floodproofing
measures.
(2)
Require the applicant to furnish any of the following
information deemed necessary by the Department to evaluate the effects
of the proposal upon flood height and flood flows, regional flood
elevation and to determine floodway boundaries:
(a)
A typical valley cross-section showing the stream
channel, the floodplain adjoining each side of the channel, the cross-sectional
area to be occupied by the proposed development, and all historic
high-water information.
(b)
A plan (surface view) showing elevations or
contours of the ground; pertinent structure, fill or storage elevations;
size, location and layout of all proposed and existing structures
on the site; location and elevations of streets, water supply, and
sanitary facilities; soil types; and other pertinent information.
(c)
A 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, water supply and sanitary facilities.
(3)
Transmit one copy of the information described in Subsection D(1) and (2) to the Department's regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of § 536-11B(2)(c) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.
A.
General.
(1)
Applicability. If these standards conform with § 62.23(7)(h),
Wis. Stats., for cities and villages, they shall apply to all modifications
or additions to any nonconforming use or structure and to the use
of any structure or premises which was lawful before the passage of
this chapter or any amendment thereto.
(2)
The existing lawful use of a structure or its accessory
use which is not in conformity with the provisions of this chapter
may continue, subject to the following conditions:
(a)
No modifications or additions to a nonconforming
use or structure shall be permitted unless they comply with this chapter.
The words "modification" and "addition" include but are not limited
to any alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory structure
or use. Ordinary maintenance repairs are not considered an extension,
modification or addition; these include painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Ordinary
maintenance repairs do not include any costs associated with the repair
of a damaged structure.
(b)
The construction of a deck that does not exceed
200 square feet and that is adjacent to the exterior wall of a principal
structure is not an extension, modification or addition. The roof
of the structure may extend over a portion of the deck in order to
provide safe ingress and egress to the principal structure.
(c)
If a nonconforming use or the use of a nonconforming
structure is discontinued for 12 consecutive months, it is no longer
permitted and any future use of the property; and any structure or
building thereon shall conform to the applicable requirements of this
chapter.
(d)
The municipality shall keep a record which lists
all nonconforming uses and nonconforming structures, their present
equalized assessed value, the cost of all modifications or additions
which have been permitted, and the percentage of the structure's total
current value those modifications represent.
(e)
No modification or addition to any nonconforming structure or any structure with a nonconforming use which, over the life of the structure, would equal or exceed 50% of its present equalized assessed value shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 536-8C(1). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood-protection elevation are excluded from the 50% provisions of this subsection.
(f)
Replacement of destroyed structures.
[1]
Except as provided in Subsection A(2)(f)[2], if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.
[2]
For nonconforming buildings that are damaged
or destroyed by a nonflood disaster, the repair or reconstruction
of any such nonconforming building may be permitted in order to restore
it after the nonflood disaster, provided that the nonconforming building
will meet all of the minimum requirements under applicable FEMA regulations
(44 CFR Part 60) or the regulations promulgated thereunder.
(g)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 536-7C(1), flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 536-11F are used.
B.
Floodway areas.
(1)
No modification or addition shall be allowed to any
nonconforming structure or any structure with a nonconforming use
in a floodway area, unless:
(a)
Such modification or addition has been granted
a permit or variance which meets all ordinance requirements.
(c)
Such modification or addition will not increase
the obstruction to flood flows or regional flood height;
(d)
Any addition to the existing structure shall be floodproofed, pursuant to § 536-11F, by means other than the use of fill, to the flood-protection elevation.
(e)
If any part of the foundation below the flood-protection
elevation is enclosed, the following standards shall apply:
[1]
The enclosed area shall be designed by a registered
architect or engineer to allow for the efficient entry and exit of
floodwaters without human intervention. A minimum of two openings
must be provided, with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade.
[2]
The parts of the foundation located below the
flood-protection elevation must be constructed of flood-resistant
materials.
[3]
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood-protection elevation.
[4]
The use must be limited to parking or limited
storage.
(2)
No new on-site sewage disposal system or addition to an existing
on-site sewage disposal system, except where an addition has been
ordered by a government agency to correct a hazard to public health,
shall be allowed in a floodway area. Any replacement, repair or maintenance
of an existing on-site sewage disposal system in a floodway area shall
meet the applicable requirements of all municipal ordinances and Ch.
SPS 383, Wis. Adm. Code.
[Amended 5-15-2017 by Ord. No. 2077]
(3)
No new well or modification to an existing well used
to obtain potable water shall be allowed in a floodway area. Any replacement,
repair or maintenance of an existing well in a floodway area shall
meet the applicable requirements of all municipal ordinances and Chs.
NR 811 and NR 812, Wis. Adm. Code.
C.
Flood fringe areas.
(1)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and the modification or addition shall be placed on fill or floodproofed to the flood-protection elevation in compliance with the standards for that particular use in § 536-8C, except where § 536-10C(2) is applicable.
(2)
Where compliance with the provisions of Subsection C(1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in § 536-11D, may grant a variance from those provisions of Subsection C(1) for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood-protection elevation may be permitted if:
(a)
No floor is allowed below the regional flood
elevation for residential or commercial structures;
(b)
Human lives are not endangered;
(c)
Public facilities, such as water or sewer, will
not be installed;
(d)
Flood depths will not exceed two feet;
(e)
Flood velocities will not exceed two feet per
second; and
(3)
(4)
All new private sewage disposal systems, or addition
to, replacement, repair or maintenance of a private sewage disposal
system, shall meet all the applicable provisions of all local ordinances
and Ch. COMM 83, Wis. Adm. Code.
(5)
All new wells, or addition to, replacement, repair
or maintenance of a well, shall meet the applicable provisions of
this chapter and Ch. NR 811 and NR 812, Wis. Adm. Code.
A.
Where a zoning administrator, planning agency or a
board of adjustment/appeals has already been appointed to administer
a zoning ordinance adopted under § 62.23(7), Wis. Stats.,
these officials shall also administer this chapter.
B.
Zoning Administrator.
(1)
The Zoning Administrator is authorized to administer
this chapter and shall have the following duties and powers:
(a)
Advise applicants of the provisions of this
chapter, 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 chapter and issue certificates of code compliance,
where appropriate.
(c)
Inspect 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's regional office:
[1]
Within 10 days of the decision, a copy of any
decisions on variances, appeals for map or text interpretations, and
map or text amendments.
[2]
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.
[3]
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments.
Note: Information on conducting substantial
damage assessments is available on the DNR website: http://dnr.wi.gov/org/water/wm/dsfm/flood/title.htm.
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(f)
Investigate, prepare reports, and report violations
of this chapter to the municipal zoning agency and attorney for prosecution.
Copies of the reports shall also be sent to the Department's regional
office.
(g)
Submit copies of text and map amendments and
biennial reports to the FEMA regional office.
(2)
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:
(b)
Site development plan. A site plan, drawn to
scale, shall be submitted with the permit application form and shall
contain:
[1]
Location, dimensions, area and elevation of
the lot.
[2]
Location of the ordinary high-water mark of
any abutting navigable waterways.
[3]
Location of any structures, with distances measured
from the lot lines and street center lines.
[4]
Location of any existing or proposed on-site
sewage systems or private water supply systems.
[5]
Location and elevation of existing or future
access roads.
[6]
Location of floodplain and floodway limits,
as determined from the Official Floodplain Zoning Maps.
[7]
The elevation of the lowest floor of proposed
buildings and any fill, using the vertical datum from the adopted
study: either National Geodetic Vertical Datum (NGVD) or North American
Vertical Datum (NAVD).
(c)
Data requirements to analyze developments.
[1]
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 § 536-236, 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 the location and
details of vehicular access to lands outside the floodplain; and
[c]
A surface drainage plan showing
how flood damage will be minimized.
[2]
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.
(d)
Expiration. All permits issued under the authority
of this chapter shall expire 120 days after issuance.
(3)
Certificate of code 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 code compliance is issued by the Zoning Administrator,
except where no permit is required, subject to the following provisions:
(a)
The certificate of code compliance shall show
that the building or premises or part thereof, and the proposed use,
conform to the provisions of this chapter.
(b)
Application for such certificate shall be concurrent
with the application for a permit.
(c)
If all ordinance provisions are met, the certificate
of code compliance shall be issued within 10 days after written notification
that the permitted work is completed.
(d)
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing measures meet the requirements of § 536-11F.
(4)
Other permits. The applicant must secure all necessary
permits from federal, state, and local agencies, including those required
by the United States Army Corps of Engineers under Section 404 of
the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C.
§ 1344.
D.
Board of Appeals. The Board of Appeals, created under Article X of Chapter 535 and § 62.23(7)(e), Wis. Stats., is hereby authorized to act for the purposes of this chapter. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator may not be the Secretary of the Board.
(1)
Powers and duties. The Board of Appeals shall:
(a)
Appeals: hear and decide appeals where it is
alleged there is an error in any order, requirement, decision or determination
made by an administrative official in the enforcement or administration
of this chapter.
(b)
Boundary disputes: hear and decide disputes
concerning the district boundaries shown on the Official Floodplain
Zoning Map.
(c)
Variances: hear and decide, upon appeal, variances
from the standards of this chapter.
(2)
Appeals to the Board.
(a)
Appeals to the Board may be taken by any person
aggrieved or by any officer or department of the municipality affected
by any decision of the Zoning Administrator or other administrative
officer. Such appeal shall be taken within 30 days, unless otherwise
provided by the rules of the Board, by filing with the official whose
decision is in question and with the Board, a notice of appeal, specifying
the reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
(b)
Notice and hearing for appeals, including variances.
[1]
Notice. The Board shall:
[a]
Fix a reasonable time for the hearing.
[b]
Publish adequate notice pursuant
to Wisconsin Statutes, specifying the date, time, place and subject
of the hearing.
[c]
Assure that notice shall be mailed
to the parties in interest and the Department's regional office at
least 10 days in advance of the hearing.
[2]
Hearing. Any party may appear in person or by
agent. The Board shall:
[a]
Resolve boundary disputes according to § 536-11D(3).
[b]
Decide variance applications according to § 536-11D(4).
(c)
Decision. The final decision regarding the appeal
or variance application shall:
[1]
Be made within a reasonable time.
[2]
Be sent to the Department's regional office
within 10 days of the decision.
[3]
Be a written determination signed by the Chairman
or Secretary of the Board.
[4]
State the specific facts which are the basis
for the Board's decision.
[5]
Either affirm, reverse, vary or modify the order,
requirement, decision or determination appealed, in whole or in part,
dismiss the appeal for lack of jurisdiction or grant or deny the variance
application.
[6]
Include the reasons for granting an appeal,
describing the hardship demonstrated by the applicant in the case
of a variance, clearly stated in the recorded minutes of the Board
proceedings.
(3)
Boundary disputes. The following procedure shall be
used by the Board in hearing disputes concerning floodplain district
boundaries:
(a)
If a floodplain district boundary is established
by approximate or detailed floodplain studies, the flood elevations
or profiles shall prevail in locating the boundary. If none exist,
other evidence may be examined.
(b)
In all cases, the person contesting the boundary
location shall be given a reasonable opportunity to present arguments
and technical evidence to the Board.
(4)
Variances.
(a)
The Board may, upon appeal, grant a variance
from the standards of this chapter if an applicant convincingly demonstrates
that:
[1]
Literal enforcement of the chapter provisions
will cause unnecessary hardship;
[2]
The hardship is due to adoption of this chapter
and unique property conditions not common to adjacent lots or premises;
in such case, the chapter or map must be amended;
[3]
The variance is not contrary to the public interest;
and
(b)
In addition to the criteria in Subsection C(4)(a),
to qualify for a variance under FEMA regulations, the following criteria
must be met:
[1]
The variance may not cause any increase in the
regional flood elevation;
[2]
Variances can only be granted for lots that
are less than 1/2 acre and are contiguous to existing structures constructed
below the RFE;
[3]
Variances shall only be granted upon a showing
of good and sufficient cause, shall be the minimum relief necessary,
shall not cause increased risks to public safety or nuisances, shall
not increase costs for rescue and relief efforts and shall not be
contrary to the purpose of this chapter.
(c)
A variance shall not:
[1]
Grant, extend or increase any use prohibited
in the zoning district.
[2]
Be granted for a hardship based solely on an
economic gain or loss.
[3]
Be granted for a hardship which is self-created.
[4]
Damage the rights or property values of other
persons in the area.
[6]
Allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
(d)
When a floodplain variance is granted, the Board
shall notify the applicant, in writing, that it may increase flood
insurance premiums and risks to life and property. A copy shall be
maintained with the variance record.
E.
To review appeals of permit denials.
(1)
The zoning agency (§ 536-11C) or Board shall review all data related to the appeal. This may include:
(a)
Permit application data listed in § 536-11B(2).
(c)
Data listed in § 536-7C(1)(b) where the applicant has not submitted this information to the Zoning Administrator.
(d)
Other data submitted with the application or
submitted to the Board with the appeal.
(3)
For appeals concerning increases in regional flood
elevation, the Board shall:
(a)
Uphold the denial where the Board agrees with
the data showing an increase in flood elevation. Increases equal to
or greater than 0.01 foot may only be allowed after amending the flood
profile and map and all appropriate legal arrangements are made with
all adversely affected property owners.
(b)
Grant the appeal where the Board agrees that
the data properly demonstrates that the project does not cause an
increase equal to or greater than 0.01 foot, provided that no other
reasons for denial exist.
F.
Floodproofing.
(1)
No permit or variance shall be issued until the applicant
submits a plan, certified by a registered professional engineer or
architect that the floodproofing measures will protect the structure
or development to the flood-protection elevation.
(2)
Floodproofing measures shall be designed to:
(a)
Withstand flood pressures, depths, velocities,
uplift and impact forces and other regional flood factors;
(b)
Protect structures to the flood-protection elevation;
(c)
Anchor structures to foundations to resist flotation
and lateral movement; and
(d)
Ensure that structural walls and floors are
watertight to the flood-protection elevation and the interior remains
completely dry during flooding without human intervention.
(3)
Floodproofing measures could include:
(a)
Reinforcing walls and floors to resist rupture
or collapse caused by water pressure.
(b)
Adding mass or weight to prevent flotation.
(c)
Placing essential utilities above the flood-protection
elevation.
(d)
Installing surface or subsurface drainage systems
to relieve foundation wall and basement floor pressures.
(e)
Constructing water supply wells and waste treatment
systems to prevent the entry of floodwaters.
(f)
Putting cutoff valves on sewer lines or eliminating
gravity-flow basement drains.
A.
General. The governing body may change or supplement
the Floodplain Zoning District boundaries and this chapter in the
manner provided by law. Actions which require an amendment include
but are not limited to the following:
(1)
Any change to the Official Floodplain Zoning Map,
including the floodway line or boundary of any floodplain area.
(2)
Correction of discrepancies between the water surface
profiles and Floodplain Zoning Maps.
(3)
Any fill in the floodplain which raises the elevation
of the filled area to a height at or above the flood-protection elevation
and is contiguous to land lying outside the floodplain.
(4)
Any fill or floodplain encroachment that obstructs
flow, increasing the regional flood height 0.01 foot or more.
(5)
Any upgrade to a Floodplain Zoning Ordinance text
required by § NR 116.05, Wis. Adm. Code, or otherwise required
by law, or for changes by the municipality.
(6)
All channel relocations and changes to the maps to
alter floodway lines or to remove an area from the floodway or the
flood fringe that is based on a base flood elevation from a FIRM requires
prior approval by FEMA.
Note: Consult the FEMA web site - www.fema.gov
- for the map change fee schedule.
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B.
Procedures. Ordinance amendments may be made upon petition of any interested party according to the provisions of § 62.23, Wis. Stats., and § 535-63 of the Shorewood Code. Such petitions shall include all necessary data required by §§ 536-9D and 536-11B(2).
(1)
The proposed amendment shall be referred to the Plan
Commission for a recommendation to the governing body and a public
hearing before the Village Board. The amendment and notice of public
hearing shall be submitted to the Department's regional office for
review prior to the hearing. The amendment procedure shall comply
with the provisions of § 62.23, Wis. Stats.
(2)
No amendments shall become effective until reviewed
and approved by the Department.
(3)
All persons petitioning for a map amendment that obstructs
flow, increasing regional flood height 0.01 foot or more, shall obtain
flooding easements or other appropriate legal arrangements from all
adversely affected property owners and notify local units of government
before the amendment can be approved by the governing body.
Any violation of the provisions of this chapter by any person shall be unlawful and may be prosecuted by issuance of municipal citations pursuant to § 535-8C or may be referred to the Municipal Attorney for prosecution. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $10 and not more than $2,000, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance, and the creation 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.
A.
Unless specifically defined, words and phrases in
this chapter 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.
B.
ACCESSORY STRUCTURE OR USE
A ZONES
BASE FLOOD
BASEMENT
BUILDING
BULKHEAD LINE
CAMPGROUND
CAMPING UNIT
CERTIFICATE OF CODE COMPLIANCE
CHANNEL
CRAWLWAY or CRAWL SPACE
DECK
DEPARTMENT
DEVELOPMENT
DRYLAND ACCESS
ENCROACHMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD or FLOODING
(1)
(2)
(3)
(4)
FLOOD FREQUENCY
FLOOD FRINGE
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODPLAIN
FLOODPLAIN ISLAND
FLOODPLAIN MANAGEMENT
FLOOD PROFILE
FLOODPROOFING
FLOOD-PROTECTION ELEVATION
FLOOD STORAGE
FLOODWAY
FREEBOARD
HABITABLE STRUCTURE
HEARING NOTICE
HIGH FLOOD DAMAGE POTENTIAL
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
INCREASE IN REGIONAL FLOOD HEIGHT
LAND USE
MANUFACTURED HOME
MOBILE RECREATIONAL VEHICLE
MUNICIPALITY or MUNICIPAL
NAVD or NORTH AMERICAN VERTICAL DATUM
NEW CONSTRUCTION
NGVD or NATIONAL GEODETIC VERTICAL DATUM
NONCONFORMING STRUCTURE
NONCONFORMING USE
OBSTRUCTION TO FLOW
OFFICIAL FLOODPLAIN ZONING MAP
OPEN SPACE USE
ORDINARY HIGH-WATER MARK
PERSON
PRIVATE SEWAGE SYSTEM
PUBLIC UTILITIES
REASONABLY SAFE FROM FLOODING
REGIONAL FLOOD
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
UNNECESSARY HARDSHIP
VARIANCE
VIOLATION
WATERSHED
WATER SURFACE PROFILE
WELL
As used in this chapter, the following terms shall
have the meanings indicated:
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building.
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.
The flood having a one-percent chance of being equaled or
exceeded in any given year, as published by FEMA as part of an FIS
and depicted on a FIRM.
Any enclosed area of a building having its floor subgrade,
i.e., below ground level, on all sides.
See "structure."
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.
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.
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, tent or other mobile
recreational vehicle.
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.
A natural or artificial watercourse with a definite bed and
banks to confine and conduct the normal flow of water.
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.
An unenclosed exterior structure that has no roof or sides
but has a permeable floor which allows the infiltration of precipitation.
The Wisconsin Department of Natural Resources.
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.
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 the
regional flood elevation and wide enough for wheeled rescue and relief
vehicles.
Any fill, structure, equipment, building, use or development
in the floodway.
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
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 if concrete
pads.
The federal agency that administers the National Flood Insurance
Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface
waters from any source;
The inundation caused by waves or currents of
water exceeding anticipated cyclical levels along the shore of Lake
Michigan or Lake Superior; or
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.
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.
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.
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.
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.
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.
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.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
Policies and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
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.
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.
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood. (Also see "freeboard.")
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
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.
Any structure or portion thereof used or designed for human
habitation.
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.
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.
Any structure that is either:
Listed individually on 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;
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;
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
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.
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.
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
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.
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."
The county, city or village governmental units enacting,
administering and enforcing this chapter.
Elevations referenced to mean sea level datum, 1988 adjustment.
For floodplain management purposes, 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.
Elevations referenced to mean sea level datum, 1929 adjustment.
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.)
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).
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.
That map, adopted and made part of this chapter, as described in § 536-5B, which has been approved by the Department and FEMA.
Those uses having a relatively low flood damage potential
and not involving structures.
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.
An individual or group of individuals, corporation, partnership,
association, municipality or state agency.
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.
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.
Base floodwaters 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.
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.
The date the building permit was issued, provided that 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.
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.
Has the meaning given in § 236.02(12), Wis. Stats.
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.
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 this chapter.
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 this chapter.
The failure of a structure or other development to be fully
compliant with this chapter. 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.
The entire region contributing runoff or surface water to
a watercourse or body of water.
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.
An excavation opening in the ground, made by digging, boring,
drilling, driving or other methods, to obtain groundwater, regardless
of its intended use.