Word usage: Words used in the present tense include the future;
words in the singular number include the plural number, words in the
plural number include the singular number; the word "shall" is mandatory,
not permissive. All distances, unless otherwise specified, shall be
measured horizontally. Definitions: Specific words used in this chapter
shall have the following meanings:
A detached subordinate structure or a use which is clearly
incidental to and customarily found with the principal structure or
use to which it is related and which is located on the same lot as
that of the principal structure or use.
See "area of shallow flooding."
An enhancement, upgrading or substantial change or modifications
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air-conditioning and other systems within a
structure.
See "area of shallow flooding."
A designated AO, AH, AR/AO, AR/AH or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a one-percent or greater annual
chance of flooding to an average depth of one to three feet, where
a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flood may be evident. Such flooding
is characterized by ponding or sheet flow.
Those areas shown on a municipality's official floodplain
zoning map (see definition) which would be inundated by the base flood
or regional flood as defined herein. 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.
The Zoning Board of Appeals of the City of Watertown.
See "structure."
A geographic line along a reach of navigable water that has
been specified by adoption of a municipal ordinance and approved by
the Department of Natural Resources pursuant to § 30.11,
Wis. Stats., and which allows limited filling between the bulkhead
line and the original ordinary high-water mark, except where such
filling is prohibited by the floodway provisions of this chapter.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including, but not limited to, a camping
trailer, motor home, bus, van, pickup truck, tent or other mobile
recreational vehicle that is fully licensed, if required, and ready
for highway use.
[Amended 10-20-2020 by Ord. No. 20-24]
A certification issued by the Zoning Administrator, stating
that any construction and use of land or a building, the elevation
of fill, or the first floor of a structure is in compliance with all
of the provisions of this chapter.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
A use which is permitted by this chapter, provided that certain
conditions specified in this chapter are met and that a permit is
granted by the Plan Commission.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for limited 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 new use, change of use and any artificial change to improved
or unimproved real estate, including, but not limited to, the construction
of 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; any placement of
mobile homes; the construction of additions or alterations to buildings,
structures or accessory structures; the placement of buildings or
structures; subdivision layout and site preparation; ditching, lagooning,
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
which is 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, building, use or development in the
floodway.
A parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale, on which the construction
of facilities for servicing the lots (including, at a minimum, the
installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed before
the effective date of this chapter.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile homes are to
be placed. This includes installation of utilities, either final site
grading, pouring pads, or construction of streets.
The federal agency that administers the National Flood Insurance
Program.
The probability of a flood occurrence which is generally
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; it is generally
associated with standing water rather than rapidly flowing water.
A map prepared for the City by FEMA, designating approximate
flood hazard areas. Flood hazard areas are designated as unnumbered
A Zones and do not contain floodway lines or regional flood elevations.
These maps form the basis for both the regulatory and insurance aspects
of the National Flood Insurance Program until superseded by a Flood
Insurance Study and a Flood Insurance Rate Map.
[Amended 10-20-2020 by Ord. No. 20-24]
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 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 as well as floodway lines. The flood
hazard areas are designated as numbered and unnumbered A Zones. Flood
Insurance Rate Maps, that accompany the Flood Insurance Study, form
the basis for both the regulatory and the insurance aspects of the
National Flood Insurance Program.
[Amended 10-20-2020 by Ord. No. 20-24]
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface waters from any
source; and
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.
That land which has been or may be hereafter 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.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
The full range of public policy and action for ensuring wise
use of floodplains. It includes everything from the collection and
dissemination of flood data to the acquisition of floodplain lands
and the enactment and administration of codes, ordinances and statutes
for land use in the floodplain.
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 that corresponds to a point two feet of freeboard
above the water surface profile associated with 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.
Represents a factor of safety usually expressed in terms
of a certain amount of feet above a calculated flood level. Freeboard
compensates for the many unknown factors that contribute to flood
heights greater than the height calculated. These unknown factors
include, but are not limited to, ice jams, debris accumulation, wave
action, obstruction of bridge openings and floodways, the effects
of urbanization on the hydrology of the watershed, loss of flood storage
areas due to development, and the sedimentation of a riverbed or streambed.
Any building or portion thereof used or designed for human
habitation.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. Class 1 notice is required at a minimum for appeals; published
once at least one week (seven days) before the hearing. Class 2 notice
is required at a minimum for all zoning ordinances and amendments,
including map amendments; published twice, once each week consecutively,
the last publication at least a week (seven days) before the hearing.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
Any structure that is:
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 the 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 directly 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 0.00 feet, resulting from 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.
[Amended 10-20-2020 by Ord. No. 20-24]
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable non-elevation-design requirements of 44 CFR 60.3.
The act or process of restoring to original soundness, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
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.
For the purpose of this chapter, the term does not include recreational
vehicles or travel trailers which remain licensed and ready for highway
use and remain on site less than 180 days.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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."
A hydraulic engineering model that corrects any errors that
occur in the duplicate effective model, adds any additional cross
sections to the duplicate effective model, or incorporates more detailed
topographic information than that used in the current effective model.
A copy of the hydraulic analysis used in the effective FIS
and referred to as the "effective model."
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
A modification of the duplicate effective model or corrected
effective model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the effective
model, then this model would be identical to the corrected effective
model or duplicate effective model.
A modification of the existing or pre-project conditions
model, duplicate effective model or corrected effective model to reflect
revised or post-project conditions.
The City of Watertown, Wisconsin.
[Amended 10-4-2016 by Ord. No. 16-18; 5-2-2017 by Ord. No. 17-11]
Elevations referenced to mean sea level datum, 1988 adjustment.
The Rock River, all natural inland lakes within the City,
and all streams, ponds, sloughs, flowages and other waters within
the territorial limits of this City which are navigable under the
laws of this state (i.e., navigable bodies of water with a bed differentiated
from adjacent uplands and with levels or flow sufficient to support
navigation by a recreational craft of the shallowest draft on an annually
recurring basis).
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.
Elevations referenced to mean sea level datum, 1929 adjustment.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
chapter for the area of the floodplain which it occupies. (For example,
an existing residential structure in the flood-fringe district is
a conforming use. However, if the first floor is lower than the flood
protection elevation, the structure is nonconforming.)
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this chapter
for the area of the floodplain which it occupies (such as a residence
in the floodway).
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
That map, adopted and made part of this chapter, as described in § 532-11, 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
characteristics.
Any individual or group of individuals, corporation, partnership,
association, municipality or state agency.
The Plan Commission of the City of Watertown.
A sewage treatment and disposal system serving a single 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 the 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.
A mobile recreational vehicle or travel trailer 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.
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 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.
A flood determined to be representative of large floods known
to have occurred in Wisconsin. In any given year, there is a one-percent
chance that the regional flood may occur or be exceeded. During a
typical thirty-year mortgage period, the regional flood has a twenty-six-percent
chance of occurrence. The regional flood is based upon a statistical
analysis of stream flow records available for the watershed or an
analysis of rainfall and runoff characteristics in the general watershed
region, or both. FEMA uses the term "base flood," which means the
regional flood. If depicted on the FIRM, the RFE is equivalent to
the BFE.
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
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.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, streambed 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.
Any structural repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds 50% of the present
equalized assessed value of the structure either before the improvement
or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred. The term does not, however,
include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
existed before the improvement began, was identified by a municipal
official, and is necessary to assure safe living conditions.
Any alteration of a designated historic structure (see definition)
or site documented as deserving preservation by the Wisconsin State
Historical Society or listed on the National Register of Historic
Places, provided the alteration will not preclude the structure's
continued designation as a historic structure.
The circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with the restrictions governing dimensional standards (such as area,
setbacks, frontage or height) unnecessarily burdensome or unreasonable
in light of the purpose of this chapter. Unnecessary hardship is present
only where, in the absence of a variance, no feasible use can be made
of the property.
An authorization granted by the Zoning Board of Appeals to
construct, alter or use a building or structure in a manner that deviates
from the dimensional standards of this chapter. A variance may not
permit a use of property otherwise prohibited by this chapter or allow
construction not protected to the flood protection elevation.
The failure of a structure or other development to be fully
compliant with this chapter. A structure or other development without
required permits, lowest floor elevation documentation, floodproofing
certificates or required floodway encroachment calculations is presumed
to be in violation until such time as that documentation is provided.
The entire region contributing runoff or surface water to
a watercourse or body of water.
A graphic 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.
Any construction, filling, flooding, draining, dredging,
ditching, tiling, excavating, temporary water level stabilization
measures or dike and dam construction in a wetland area.
The zoning district created in this chapter, designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this chapter, as described in § 532-11.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
