As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE OR USE
A facility, structure, building or use that 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 that
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 City ordinance and approved by the Department of Natural
Resources pursuant to § 30.11, Wis. Stats., and which allows
limited filling between this bulkhead line and the original ordinary
high-water mark, except where such filling is prohibited by the floodway
provisions of this chapter.
CAMPGROUND
Any parcel of land which is designed, maintained, or intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
CAMPING UNIT
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including, but not limited to, a camping
trailer, motor home, bus, van, pickup truck, tent or other mobile
recreational vehicle.
CERTIFICATE OF COMPLIANCE
Certification that the construction and the use of land or
a building, the elevation of fill or the lowest floor of a structure
is in compliance with all of the provisions of this chapter.
CHANNEL
A natural or artificial watercourse with definite bed and
banks to confine and conduct the normal flow of water.
CRAWLWAY 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 the structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
DRY LAND 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, 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
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.
EXPANSION TO EXISTING 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 placed. 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 that is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent chance of occurring in any given year.
FLOOD-FRINGE
That portion of the floodplain outside of the floodway that
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
FLOOD HAZARD BOUNDARY MAP
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
FLOOD INSURANCE RATE MAP (FIRM)
A map of a community on which the Federal Insurance Administration
has delineated both 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 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 regional flood elevations and may provide floodway
lines. The flood hazard areas are designated as numbered and unnumbered
A Zones. Flood insurance study maps 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:
(1)
The overflow or rise of inland waters.
(2)
The rapid accumulation or runoff of surface waters from any
source.
(3)
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. The floodplain includes the floodway and the flood-fringe,
and may include other designated floodplain areas for regulatory purposes.
FLOODPLAIN ISLAND
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
FLOODPLAIN MANAGEMENT
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
FLOOD PROFILE
A graph or a longitudinal profile line showing the relationship
of the water surface elevation 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. (See also "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 requirements of Ch. 985, Wis.
Stats. Class 1 notice is the minimum required for appeals, published
once at least one week (seven days) before the hearing. Class 2 notice
is required for all zoning ordinances and amendments, including map
amendments, published twice, once each week consecutively, the last
at least one week (seven days) before the hearing. Local ordinances
or bylaws may require additional notice exceeding these minimums.
HIGH FLOOD DAMAGE POTENTIAL
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
HISTORIC STRUCTURE
Any structure that is either:
(1)
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register.
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
(3)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior, or
(4)
Individually listed on a local inventory of historic places
in communities 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 are 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. (See also "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
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 first floor is lower than the flood
protection elevation, the structure is nonconforming.)
NONCONFORMING USE
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this chapter
for the area of the floodplain which is 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.
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 are 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. This term also means an alternative sewage system
approved by the Department of Safety and Professional Services, including
a substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located
on a different parcel than the structure.
PUBLIC UTILITIES
Those utilities using underground or overhead transmission
lines, such as electric, telephone and telegraph, and distribution
and collection systems, such as water, sanitary sewer and storm sewer.
REASONABLY SAFE FROM FLOODING
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.
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, which includes, but is not limited
to, such objects as 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 this chapter.
VARIANCE
An authorization by the Board of 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.
VIOLATION
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.
WATER SURFACE PROFILE
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
WATERSHED
The entire region or area contributing runoff or surface
water to a watercourse or body of water.
WELL
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods for the purpose of obtaining groundwater
regardless of its intended use.