The provisions of this article shall apply to all areas within the Flood Fringe District, as shown on the Official Floodplain Zoning Maps, and to those portions of the General Floodplain District that are determined to be in the flood fringe area pursuant to § 548-31 of this chapter.
The regional flood fringe district shall include the A Zones
so designated on the Official Floodplain Zoning Map showing the regional
flood limits, which are based on the Flood Hazard Boundary Maps prepared
by FEMA. All such maps shall be approved by the Department of Natural
Resources and the Federal Emergency Management Agency.
Any structures, land use or development, including accessory structures and uses, are allowed within the Flood Fringe District and flood fringe portions of the General Floodplain District, provided that the standards contained in § 548-20 are met, that the use is not prohibited by this or any other ordinance or any other local, state or federal regulation, and that all permits or certificates required have been issued by the Zoning Administrator.
B.
Residential uses. Any structure or building used for human habitation,
which is to be erected, constructed, reconstructed, altered or moved
into the flood fringe area, shall meet or exceed the following standards:
(1)
The lowest floor including the basement, except where Subsection B(2) is applicable, shall be placed on fill at or above the flood protection elevation, which is a point two feet above the regional flood elevation. The fill elevation shall be one foot or more above the regional flood elevation and shall extend at such elevation at least 15 feet beyond the limits of any such structure or building erected thereon.
(2)
The basement floor may be placed at the regional flood elevation, providing it is floodproofed to the flood protection elevation. Where a community-wide exception allowing the floodproofing of basements has been granted by FEMA, the basement floor may be placed at an elevation lower than the regional flood elevation, providing it is floodproofed to the flood protection elevation in compliance with § 548-32. If a community-wide exception has not been granted by FEMA, requests to construct the basement floor below the regional flood elevation must be considered as a variance, thereby requiring action by the Zoning Board of Appeals as specified in § 548-30E.
(3)
Except as provided in Subsection B(4), contiguous dry-land access shall be provided from a structure or building to land which is outside of the floodplain, so that any such structure shall be accessible by rescue and relief vehicles during periods of regional flooding. Contiguous dry-land access means a road with a surface at or above the regional flood elevation and wide enough for rescue and relief vehicles.
(4)
In existing developments where existing streets or sewer lines are at elevations which make compliance with Subsection B(3) impractical, the municipality may, after obtaining prior written Department approval, authorize access at an elevation lower than the regional flood elevation. Where the Village has applied for and obtained Department approval, the Zoning Board of Appeals shall issue a permit authorizing such access as is allowed under the Department approval.[1]
C.
Accessory structures or uses. An accessory structure or use (not connected to a principal structure) shall meet all the applicable provisions of § 548-16A, B and D. A lesser degree of protection, compatible with these criteria and the criteria in Subsection D, may be permissible for an accessory structure or use, providing that the site is not inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second upon the occurrence of the regional flood.
D.
Commercial. In commercial areas, any structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood fringe area shall meet the requirements of Subsection B above. Storage yards, parking lots and other accessory land uses may be at lower elevations, subject to the requirements of Subsection F. However, no such area in general use by the public shall be inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second upon the occurrence of the regional flood.
E.
Manufacturing, agricultural and industrial uses. Any manufacturing, agricultural or industrial structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood fringe area shall be protected to the flood protection elevation utilizing fill, levees, floodwalls, adequate floodproofing measures in accordance with § 548-32, or any combination thereof. On streams or rivers having prolonged flood durations, greater protection may be required to minimize interference with normal plant operations. A lesser degree of protection, compatible with the criteria in Subsections D and F, may be permissible for storage yards, parking lots and other similar uses.
F.
Storage or processing of materials. The storage or processing of materials that are buoyant, flammable, explosive or which, in times of flooding, could be injurious to human, animal or plant life, shall be at or above the flood protection elevation for the particular area or floodproofed in compliance with § 548-32. Adequate measures shall be taken to assure that said materials will not enter the river or stream during flooding.
G.
Public utilities, streets and bridges.
(1)
When failure or interruption of public utilities, streets and bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed, in compliance with § 548-32, to the flood protection elevation; minor or auxiliary roads or nonessential utilities may be constructed at lower elevations, providing they withstand flood forces to the regional flood elevation.
(2)
Public utilities, streets and bridges in flood fringe areas should
be designed to be compatible with the local comprehensive floodplain
development plans.
H.
Sewage systems. All on-site sewage disposal systems shall be floodproofed
to the flood protection elevation and shall meet the applicable provisions
of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
I.
Wells. All wells, whether public or private, shall be floodproofed to the flood protection elevation, pursuant to § 548-32, and shall meet the applicable provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
J.
Solid waste disposal sites. All solid waste disposal sites, whether
public or private, are prohibited in flood fringe areas.
