[Amended 1-12-1999 by Ord. No. 99-01; 7-12-2011 by Ord. No. 11-09]
A.
Statutory authorization. This article is adopted pursuant to the
authorization in §§ 61.35 and 62.23, for Villages and
cities; §§ 59.69, 59.692, and 59.694 for counties;
and the requirements in § 87.30, Wis. Stats.
B.
Finding of fact. Uncontrolled development and use of the floodplains
and rivers of this municipality would impair the public health, safety,
convenience, general welfare and tax base.
C.
Statement of purpose. This article is intended to regulate floodplain
development to:
(1)
Protect life, health and property;
(2)
Minimize expenditures of public funds for flood-control projects;
(3)
Minimize rescue and relief efforts undertaken at the expense of the
taxpayers;
(4)
Minimize business interruptions and other economic disruptions;
(5)
Minimize damage to public facilities in the floodplain;
(6)
Minimize the occurrence of future flood blight areas in the floodplain;
(7)
Discourage the victimization of unwary land and home buyers;
(8)
Prevent increases in flood heights that could increase flood damage
and result in conflicts between property owners; and
(9)
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
D.
Title. This article shall be known as the "Floodplain Zoning Ordinance
for the Village of Osceola, Polk County, Wisconsin."
E.
General provisions.
(1)
Areas to be regulated. 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.)
(2)
Official maps and revisions.
(a)
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 Osceola Floodplain Appendix. Any change to the base
flood elevations (BFEs) 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 Osceola. If more than one map or revision
is referenced, the most restrictive information shall apply.
(b)
Official maps.
[1]
Flood Insurance Rate Map (FIRM), panel numbers 55095CO502D,
55095CO503D, 55095CO504D, 55095CO506D, 55095CO510D, 55095CO511D, and
55095CO520D, dated September 16, 2011, with corresponding profiles
that are based on the Flood Insurance Study (FIS) dated September
16, 2011, study number 55095CV000A.
[2]
Approved by: the DNR and FEMA.
(3)
Establishment of districts. The regional floodplain areas are divided
into three districts as follows:
(a)
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.
(b)
The Flood-fringe District (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
(c)
The General Floodplain District (GFP) is those areas that have
been or may be covered by floodwater during the regional flood.
(4)
Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection E(4)(a) or (b) below. If a significant difference exists, the map shall be amended according to § 216-24. 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 pre-development 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 § 216-23C(3) and the criteria in Subsection E(4)(a) and (b) below.
(a)
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.
(b)
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.
(c)
Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 216-24A(6).
(5)
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 § 216-24. [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).]
(6)
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.
(7)
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
are exempt when § 30.2022, Wis. Stats., applies.
(8)
Abrogation and greater restrictions.
(a)
This article supersedes all the provisions of any municipal
zoning ordinance enacted under §§ 59.69, 59.692 or
59.694 for counties; § 62.23 for cities; § 61.35
for Villages; or § 87.30, Stats., which relate to floodplains.
If another ordinance is more restrictive than this article, that ordinance
shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
(b)
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.
(9)
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 article, 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 article or in effect on the date
of the most recent text amendment to this article.
(10)
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.
(11)
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.
(12)
Annexed areas for cities and Villages. The Polk 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 Ch. 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.
(13)
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 article.
A.
Hydraulic and hydrologic analyses.
(2)
The Zoning Administrator shall deny permits if it is determined 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 article, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with § 216-24.
|
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.
|
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 Chs. 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 the Floodplain Zoning Ordinance are made according to § 216-24.
D.
Public or private campgrounds. Public or private campgrounds shall
have a low flood damage potential and shall meet the following provisions:
(1)
The campground is approved by the Department of Health Services.
(2)
A land use permit for the campground is issued by the Zoning Administrator.
(3)
The character of the river system and the elevation of the campground
is such that a seventy-two-hour warning of an impending flood can
be given to all campground occupants.
(4)
There is an adequate flood warning procedure for the campground that
offers the minimum notice required under this section to all persons
in the campground. This procedure shall include a written agreement
between the campground owner, the municipal emergency government coordinator
and the chief law enforcement official which specifies the flood elevation
at which evacuation shall occur, personnel responsible for monitoring
flood elevations, types of warning systems to be used and the procedures
for notifying at-risk parties, and the methods and personnel responsible
for conducting the evacuation.
(5)
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection D(4), to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations.
(6)
Only camping units are allowed.
(7)
The camping units may not occupy any site in the campground for more
than 180 consecutive days, at which time the camping unit must be
removed from the floodplain for a minimum of 24 hours.
(8)
All camping units that remain on site for more than 30 days shall
be issued a limited authorization by the campground operator, a written
copy of which is kept on file at the campground. Such authorization
shall allow placement of a camping unit for a period not to exceed
180 days and shall ensure compliance with all the provisions of this
section.
(9)
The municipality shall monitor the limited authorizations issued
by the campground operator to assure compliance with the terms of
this section.
(11)
The campground shall have signs clearly posted at all entrances
warning of the flood hazard and the procedures for evacuation when
a flood warning is issued.
(12)
All service facilities, including but not limited to refuse
collection, electrical service, natural gas lines, propane tanks,
sewage systems and wells, shall be properly anchored and placed at
or floodproofed to the flood-protection elevation.
A.
Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to § 216-21D.
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 § 216-19C and D; and all permits or certificates have been issued according to § 216-23A:
(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 § 216-19C(4).
(5)
Extraction of sand, gravel or other materials that comply with § 216-19C(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.
(7)
Public utilities, streets and bridges that comply with § 216-19C(3).
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 § 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 § 216-19B 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, 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. Comm 83, Wis. Adm. Code;[1]
[1]
Editor's Note: See now Ch. SPS 383, Wis. Adm. Code.
(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 § 216-21D.
C.
Standards for development in flood-fringe areas. Section 216-18A 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 make 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).
(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 §§ 216-19C(2)(a), (b), (c) and (d) and 216-20C(5) below.
(3)
Commercial uses. Any commercial structure which is erected, altered or moved into the flood-fringe area shall meet the requirements of § 216-20C(1). Subject to the requirements of § 216-20C(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 § 216-23E. Subject to the requirements of § 216-20C(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 floodproofed in compliance with § 216-23E. 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 § 216-23E 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.
(8)
Wells. All wells shall be floodproofed, pursuant to § 216-23E, 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 article.
(11)
Manufactured homes.
(a)
Owners or operators of all manufactured home parks and subdivisions
shall provide adequate surface drainage to minimize flood damage and
prepare, secure approval and file an evacuation plan, indicating vehicular
access and escape routes, with local emergency management authorities.
(c)
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the flood-fringe in § 216-20C(1).
(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 § 216-20C(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 and 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)
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)
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 regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of § 216-23A(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 § 59.69(10),
Wis. Stats., for counties or § 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
article 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 article may continue
subject to the following conditions:
(a)
Modifications or additions; decks.
[1]
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this article. 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.
[2]
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.
(b)
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 article.
(c)
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.
(d)
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 article. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 216-20C(1). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood-protection elevation are excluded from the fifty-percent provisions of this subsection.
(e)
Destruction of or substantial damage to nonconforming structure.
[1]
Except as provided in Subsection A(2)(e)[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.
(f)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with § 216-19C(1), flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 216-23E 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 such modification or addition:
(a)
Has been granted a permit or variance which meets all ordinance
requirements;
(c)
Will not increase the obstruction to flood flows or regional
flood height;
(d)
Any addition to the existing structure shall be floodproofed, pursuant to § 216-23E, 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; and
[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.
Comm 83, Wis. Adm. Code.[1]
[1]
Editor's Note: See now Ch. SPS 383, Wis. Adm. Code.
(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 § 216-20C, except where § 216-22C(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 § 216-23C, 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
(f)
The structure will not be used for storage of materials as described in § 216-20C(5).
(3)
(5)
All new wells, or addition to, replacement, repair or maintenance
of a well, shall meet the applicable provisions of this article and
Chs. NR 811 and NR 812, Wis. Adm. Code.
Where a Zoning Administrator, 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.
(bm)
Inspect all damaged floodplain structures and perform
a substantial damage assessment to determine if substantial damage
to the structures has occurred.
(c)
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.
(d)
Submit copies of the following items to the Department 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.
(e)
Investigate, prepare reports, and report violations of this
article to the municipal zoning agency and attorney for prosecution.
Copies of the reports shall also be sent to the Department regional
office.
(f)
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);
[9]
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 216-18A. This may include any of the information noted in § 216-19C(1).
(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 Ch. 236, Wis. Stats.,[1] 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.
[1]
Editor's Note: See § 236.02(12), Wis. Stats.
[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 article
shall expire one year after issuance.
(3)
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 Zoning Administrator, except where
no permit is required, subject to the following provisions:
(a)
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this article;
(b)
Application for such certificate shall be concurrent with the
application for a permit;
(c)
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;
(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 § 216-23E.
(4)
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.
C.
Board of Adjustment/Appeals. The Board of Adjustment/Appeals, created
under § 59.694, Wis. Stats., for counties, or § 62.23(7)(e),
Wis. Stats., for cities or Villages, is hereby authorized or shall
be appointed to act for the purposes of this article. 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 Adjustment/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 article.
(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
ordinance standards.
(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 the 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 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 § 216-23C(3).
[b]
Decide variance applications according to § 216-23C(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 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)
Variance.
(a)
The Board may, upon appeal, grant a variance from the standards
of this article if an applicant convincingly demonstrates that:
[1]
Literal enforcement of the ordinance provisions will cause unnecessary
hardship;
[2]
The hardship is due to adoption of the floodplain ordinance
and unique property conditions, not common to adjacent lots or premises.
In such case, the ordinance 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 the 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.
D.
To review appeals of permit denials:
(1)
The zoning agency (§ 216-23B) or Board shall review all data related to the appeal. This may include:
(a)
Permit application data listed in § 216-23A(2).
(c)
Data listed in § 216-19C(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.
E.
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)
Insure 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 or floating debris.
(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 article 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
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.
|
B.
Procedures. Ordinance amendments may be made upon petition of any interested party according to the provisions of § 62.23, Wis. Stats., for cities and Villages, or § 59.69, Wis. Stats., for counties. Such petitions shall include all necessary data required by §§ 216-21D and 216-23A(2).
(1)
The proposed amendment shall be referred to the zoning agency for
a public hearing and recommendation to the governing body. The amendment
and notice of public hearing shall be submitted to the Department
regional office for review prior to the hearing. The amendment procedure
shall comply with the provisions of § 62.23, Wis. Stats.,
for cities and Villages or § 59.69, Wis. Stats., for counties.
(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.
(4)
For amendments in areas with no water surface profiles, the zoning agency or Board shall consider data submitted by the Department, the Zoning Administrator's visual on-site inspections and other available information. [See § 216-17E(4).]
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 more
than $50, 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.
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 a 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 article.
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 article.
A natural or artificial watercourse with definite bed and
banks to confine and conduct 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 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 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
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.
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.
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, which 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.
Policy and procedures to insure 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 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;
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 vehicle."
The county, city or Village governmental units enacting,
administering and enforcing this zoning article.
Elevations referenced to mean sea level datum, 1988 adjustment.
Elevations referenced to mean sea level datum, 1929 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.
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 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 article
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 article, as described in § 216-17E(2), 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.
Means base floodwaters will not inundate the land or damage
structures to be removed from the special flood hazard area and that
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 the article.
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.
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.
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.
