[HISTORY: Adopted by the Village Board of the Village of
Cottage Grove 12-15-2008 by Ord. No. 12-2008; [1] amended in its entirety 9-8-2014 by Ord. No. 07-2014.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 130.
Erosion, sediment and water runoff control — See Ch. 163.
Subdivision of land — See Ch. 274.
Water and sewers — See Ch. 312.
Zoning — See Ch. 325.
[1]
Editor's Note: This ordinance also superseded former Ch. 183,
Floodplain Zoning, adopted 4-1-1991, as amended.
A.
Statutory authorization. This chapter is adopted pursuant to the
authorization in ss. 61.35 and 62.23, for villages and cities; 59.69,
59.692, and 59.694 for counties; and the requirements in s. 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 chapter 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 homebuyers;
(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 chapter shall be known as the "Floodplain Zoning Ordinance
for the Village of Cottage Grove, Wisconsin."
E.
General provisions.
(1)
Areas to be regulated. This chapter regulates all areas that would
be covered by the regional flood or base flood as shown on the Flood
Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood
elevations are derived from the flood profiles in the Flood Insurance
Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM.
Other regulatory zones are displayed as A and AO Zones. Regional flood
elevations (RFE) may be derived from other studies. If more than one
map or revision is referenced, the most restrictive information shall
apply.
(2)
Official maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see § 183-8, Amendments) before it is effective. No changes to 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. If more than one map or revision is referenced, the most restrictive information shall apply.
(a)
Official maps; based on the FIS:
[1]
Flood Insurance Rate Map (FIRM), Panel Nos. 55025C0451H, 55025C0452H,
55025C0453H, 55025C0454H, 55025C0456H, 55025C0458H, dated September
17, 2014, with corresponding profiles that are based on the Dane County
Flood Insurance Study (FIS) dated June 16, 2016, Volumes 55025CV001D,
55025CV002D, 55025CV003D and 55025CV004D; approved by the DNR and
FEMA.
[Amended 5-16-2016 by Ord. No. 04-2016]
(b)
Official maps; based on other studies. Any maps referenced in
this section must be approved by the DNR and be more restrictive than
those based on the FIS at the site of the proposed development.
[1]
Village of Cottage Grove Flood Storage District, Panel 6 of
21; dated September 17, 2014; prepared by the WDNR; approved by the
WDNR.
(3)
Establishment of floodplain zoning districts. The regional floodplain
areas are divided into four 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 and are contained within AE Zones
as shown on the FIRM.
(b)
The Floodfringe District (FF) is that portion between the regional
flood limits and the floodway and displayed as AE Zones on the FIRM.
(c)
The General Floodplain District (GFP) are those areas that may
be covered by floodwater during the regional flood and do not have
a BFE or floodway boundary determined, including A, AH and AO Zones
on the FIRM.
(d)
The Flood Storage District (FSD) is that area of the floodplain
where storage of floodwaters is calculated to reduce the regional
flood discharge.
(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 § 183-8, Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 183-7C(3) and the criteria in Subsection E(4)(a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to § 183-8, Amendments.
(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 for projects, the location
of the boundary shall be determined by the map scale.
(5)
Removal of lands from floodplain. Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to § 183-8, Amendments.
(6)
Compliance. Any development or use within the areas regulated by
this chapter shall be in compliance with the terms of this chapter,
and other applicable local, state, and federal regulations.
(7)
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this chapter and obtain all necessary permits. State
agencies are required to comply if s. 13.48(13), Wis. Stats., applies.
The construction, reconstruction, maintenance and repair of state
highways and bridges by the Wisconsin Department of Transportation
is exempt when s. 30.2022, Wis. Stats., applies.
(8)
Abrogation and greater restrictions.
(a)
This chapter supersedes all the provisions of any municipal
zoning ordinance enacted under ss. 59.69, 59.692 or 59.694 for counties;
s. 62.23 for cities; s. 61.35 for villages; or s. 87.30, Wis. Stats.,
which relate to floodplains. A more restrictive ordinance shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
(b)
This chapter is not intended to repeal, abrogate or impair any
existing deed restrictions, covenants or easements. If this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
(9)
Interpretation. In their interpretation and application, the provisions
of this chapter are the minimum requirements liberally construed in
favor of the governing body and are not a limitation on or repeal
of any other powers granted by the Wisconsin Statutes. If a provision
of this chapter, required by ch. NR 116, Wis. Adm. Code, is unclear,
the provision shall be interpreted in light of the standards in effect
on the date of the adoption of this chapter or in effect on the date
of the most recent text amendment to this chapter.
(10)
Warning and disclaimer of liability. The flood protection standards
in this chapter are based on engineering experience and research.
Larger floods may occur or the flood height may be increased by man-made
or natural causes. This chapter does not imply or guarantee that nonfloodplain
areas or permitted floodplain uses will be free from flooding and
flood damages. This chapter does not create liability on the part
of, or a cause of action against, the municipality or any officer
or employee thereof for any flood damage that may result from reliance
on this chapter.
(11)
Severability. Should any portion of this chapter be declared
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected.
(12)
Annexed areas for cities and villages. The Dane 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 44 CFR 59-72,
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 floodway location.
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 and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter and all other requirements in § 183-7A(2). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damages.
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 standards of § 183-2A must be met and 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 and pursuant to § 183-8, Amendments, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
C.
Chapters 30, 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 Floodplain Zoning Ordinance are made according to § 183-8, Amendments.
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 campground elevation are
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 that are fully licensed, if required, and ready
for highway use are allowed;
(7)
The camping units shall 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; and
(12)
All service facilities, including but not limited to refuse
collection, electrical service, 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 § 183-5A(4).
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 Subsections C and D; and all permits or certificates have been issued according to § 183-7A.
(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 Subsection C(4).
(6)
Functionally water-dependent uses, such as docks, piers or wharves,
dams, flowage areas, culverts, navigational aids and river crossings
of transmission lines, and pipelines that comply with Chs. 30 and
31, Wis. Stats.
C.
Standards for developments in the floodway.
(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)
Not designed for human habitation, does not have a high flood
damage potential and is constructed to minimize flood damage;
(b)
Shall have a minimum of two openings on different walls having
a total net area not less than one square inch for every square foot
of enclosed area, and the bottom of all such openings being no higher
than one foot above grade. The openings shall be equipped with screens,
louvers, or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters;
(c)
Must be anchored to resist flotation, collapse, and lateral
movement;
(d)
Mechanical and utility equipment must be elevated or floodproofed
to or above the flood protection elevation; and
(e)
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 navigable waters unless a permit
is issued by the Department pursuant to Ch. 30, Wis. Stats., and a
permit pursuant to s. 404 of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. § 1344, has been issued, if
applicable, and all other requirements have been 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 § 183-3B 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. 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 s. NR 110.15(3)(b), Wis. Adm. Code; and
(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 floodfringe areas shown on the floodplain zoning maps and those identified pursuant to § 183-5A(4).
C.
Standards for development in the floodfringe. Section 183-2A shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of § 183-6, Nonconforming uses:
(1)
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of § 183-6, Nonconforming uses.
(a)
The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of § 183-4C(1)(b) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
(b)
The basement or crawlway floor may be placed at the regional
flood elevation if it is dry floodproofed to the flood protection
elevation. No basement or crawlway floor is allowed below the regional
flood elevation.
(c)
Contiguous dry land 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)(e) impractical, the municipality
may permit new development and substantial improvements where roads
are below the regional flood elevation, if:
(2)
Accessory structures or uses. Accessory structures shall be constructed
on fill with the lowest floor at or above the regional flood elevation.
(3)
Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of § 183-4C(1). Subject to the requirements of § 183-4C(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 floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in § 183-7E. Subject to the requirements of § 183-4C(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 § 183-7E. 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 or repair of such facilities shall only be permitted if they are designed to comply with § 183-7E.
(b)
Minor roads or nonessential utilities may be constructed at
lower elevations if they are designed to withstand flood forces to
the regional flood elevation.
(7)
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to § 183-7E(3), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
(8)
Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 183-7E(3), 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 floodfringe areas.
(10)
Deposition of materials. Any deposited material must meet all
the provisions of this chapter.
(11)
Manufactured homes.
(12)
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in § 183-4C(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.
Other floodplain districts may be established under the chapter
and reflected on the floodplain zoning map. These districts may include
general floodplain districts and flood storage districts.
A.
General Floodplain District (GFP).
(1)
Applicability. The provisions for this district shall apply to all
floodplains mapped as A, AO or AH Zones.
(2)
Permitted uses. Pursuant to § 183-5A(4), it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (§ 183-3B) and Floodfringe (§ 183-4B) Districts are allowed within the General Floodplain District, according to the standards of § 183-5A(3), provided that all permits or certificates required under § 183-7A have been issued.
(3)
(4)
Determining floodway and floodfringe. Upon receiving an application
for development within the General Floodplain District, the Zoning
Administrator shall:
(a)
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; and the flood zone as shown on the FIRM.
(b)
Require the applicant to furnish any of the following information
deemed necessary by the Department to evaluate the effects of the
proposal upon flood height and flood flows, regional flood elevation
and to determine floodway boundaries:
[1]
A hydrologic and hydraulic study as specified in § 183-7A(2)(c);
[2]
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;
[3]
Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage, water supply and
sanitary facilities.
B.
Flood Storage District. The Flood Storage District delineates that
portion of the floodplain where storage of floodwaters has been taken
into account and is relied upon to reduce the regional flood discharge.
The district protects the flood storage areas and assures that any
development in the storage areas will not decrease the effective flood
storage capacity which would cause higher flood elevations.
(1)
Applicability. The provisions of this subsection apply to all areas
within the Flood Storage District (FSD), as shown on the official
floodplain zoning maps.
(2)
Permitted uses. Any use or development which occurs in a Flood Storage District must meet the applicable requirements in § 183-4C.
(3)
Standards for Development in Flood Storage Districts.
(a)
Development in a Flood Storage District shall not cause an increase
equal or greater than 0.00 of a foot in the height of the regional
flood.
(b)
No development shall be allowed which removes flood storage
volume unless an equal volume of storage as defined by the predevelopment
ground surface and the regional flood elevation shall be provided
in the immediate area of the proposed development to compensate for
the volume of storage which is lost (compensatory storage). Excavation
below the groundwater table is not considered to provide an equal
volume of storage.
(c)
If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as Flood Storage District - on this waterway - is rezoned to the Floodfringe District. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per § 183-8, Amendments, of this chapter.
(d)
No area may be removed from the Flood Storage District unless
it can be shown that the area has been filled to the flood protection
elevation and is contiguous to other lands lying outside of the floodplain.
A.
General.
(1)
Applicability. If these standards conform with s. 59.69(10), Wis.
Stats., for counties or s. 62.23(7)(h), Wis. Stats., for cities and
villages, they shall apply to all modifications or additions to any
nonconforming use or structure and to the use of any structure or
premises which was lawful before the passage of this chapter or any
amendment thereto.
(2)
The existing lawful use of a structure or its accessory use which
is not in conformity with the provisions of this chapter may continue
subject to the following conditions:
(a)
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this chapter. The words
"modification" and "addition" include, but are not limited to, any
alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory structure
or use. Maintenance is not considered a modification; this includes
painting, decorating, paneling and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Any costs
associated with the repair of a damaged structure are not considered
maintenance. 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 chapter.
(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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 183-4C(1). The costs of elevating the lowest floor of 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)
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 183-4C(1).
(f)
If on a per-event basis the total value of the work being done under Subsection A(2)(d) and equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 183-4C(1).
(g)
Except as provided in Subsection A(2)(h), 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 chapter 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.
(h)
For nonconforming buildings that are substantially damaged or
destroyed by a nonflood disaster, the repair or reconstruction of
any such nonconforming building shall be permitted in order to restore
it to the size and use in effect prior to the damage event, provided
that the minimum federal code requirements below are met and all required
permits have been granted prior to the start of construction.
[1]
Residential structures:
[a]
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 183-7E(2).
[b]
Shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy and shall be
constructed with methods and materials resistant to flood damage.
[c]
Shall be constructed with electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service
facilities that are designed and/or elevated so as to prevent water
from entering or accumulating within the components during conditions
of flooding.
[d]
In A Zones, obtain, review and utilize any flood
data available from a federal, state or other source.
[e]
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 183-5A(3)(a).
[f]
In AO Zones, shall have adequate drainage paths
around structures on slopes to guide floodwaters around and away from
the structure.
[2]
Nonresidential structures:
[a]
Shall meet the requirements of § 183-6A(2)(h)[1][a],
[b], [e] and [f].
[c]
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 183-5A(3)(a).
(3)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 183-3C(1), flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 183-7E are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of § 183-6A(2)(h)[1] if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.
B.
Floodway District.
(1)
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in the Floodway
District, unless such modification or addition:
(a)
Has been granted a permit or variance which meets all chapter
requirements;
(c)
Shall not increase the obstruction to flood flows or regional
flood height;
(d)
Any addition to the existing structure shall be floodproofed, pursuant to § 183-7E, by means other than the use of fill, to the flood protection elevation; and
(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, building access 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 the Floodway District. 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, § 183-7E(3) and 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 the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, § 183-7E(3) and chs. NR 811 and NR 812, Wis. Adm. Code.
C.
Floodfringe District.
(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 § 183-7C, 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, shall not be installed;
(d)
Flood depths shall not exceed two feet;
(e)
Flood velocities shall not exceed two feet per second; and
Where a Zoning Administrator, planning agency or a board of
adjustment/appeals has already been appointed to administer a zoning
ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Wis. Stats.,
these officials shall also administer this chapter.
A.
Zoning Administrator.
(1)
Duties and powers. The Zoning Administrator is authorized to administer
this chapter and shall have the following duties and powers:
(a)
Advise applicants of the chapter 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 chapter and issue certificates of compliance where appropriate.
(c)
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred.
(d)
Keep records of all official actions such as:
[1]
All permits issued, inspections made, and work approved;
[2]
Documentation of certified lowest floor and regional flood elevations;
[3]
Floodproofing certificates;
[4]
Water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures including changes, appeals, variances
and amendments;
[5]
All substantial damage assessment reports for floodplain structures;
[6]
List of nonconforming structures and uses.
(e)
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 case-by-case analyses and other required information
including an annual summary of floodplain zoning actions taken.
[3]
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
(f)
Investigate, prepare reports, and report violations of this
chapter to the municipal zoning agency and attorney for prosecution.
Copies of the reports shall also be sent to the Department Regional
office.
(g)
Submit copies of amendments and biennial reports to the FEMA
Regional office.
(2)
Land use permit. A land use permit shall be obtained before any new
development; repair, modification or addition to an existing structure;
or change in the use of a building or structure, including sewer and
water facilities, may be initiated. Application to the Zoning Administrator
shall include:
(b)
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
[1]
Location, dimensions, area and elevation of the lot;
[2]
Location of the ordinary high water mark of any abutting navigable
waterways;
[3]
Location of any structures with distances measured from the
lot lines and street center lines;
[4]
Location of any existing or proposed on-site sewage systems
or private water supply systems;
[5]
Location and elevation of existing or future access roads;
[6]
Location of floodplain and floodway limits as determined from
the official floodplain zoning maps;
[7]
The elevation of the lowest floor of proposed buildings and
any fill using the vertical datum from the adopted study - either
National Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
(c)
Hydraulic and hydrologic studies to analyze development. All
hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in the state. The
study contractor shall be responsible for the technical adequacy of
the study. All studies shall be reviewed and approved by the Department.
[1]
Zone A floodplains:
[a]
Hydrology.
[i]
The appropriate method shall be based on the standards
in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
[b]
Hydraulic modeling. The regional flood elevation
shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code,
Hydraulic Analysis: Determination of Regional Flood Elevation, and
the following:
[i]
Determination of the required limits of the hydraulic
model shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate starting WSEL
for the study.
[ii]
Channel sections must be surveyed.
[iii]
Minimum four-foot contour data in the overbanks
shall be used for the development of cross-section overbank and floodplain
mapping.
[iv]
A maximum distance of 500 feet between cross sections
is allowed in developed areas with additional intermediate cross sections
required at transitions in channel bottom slope including a survey
of the channel at each location.
[v]
The most current version of HEC-RAS shall be used.
[vi]
A survey of bridge and culvert openings and the
top of road is required at each structure.
[vii]
Additional cross sections are required at the
downstream and upstream limits of the proposed development and any
necessary intermediate locations based on the length of the reach
if greater than 500 feet.
[viii]
Standard accepted engineering practices shall
be used when assigning parameters for the base model such as flow,
Manning's N values, expansion and contraction coefficients or
effective flow limits. The base model shall be calibrated to past
flooding data such as high water marks to determine the reasonableness
of the model results. If no historical data is available, adequate
justification shall be provided for any parameters outside standard
accepted engineering practices.
[ix]
The model must extend past the upstream limit
of the difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference between
the proposed flood profile and the existing study profiles shall be
no more than 0.00 feet.
[c]
Mapping. A work map of the reach studied shall
be provided, showing all cross-section locations, floodway/floodplain
limits based on best available topographic data, geographic limits
of the proposed development and whether the proposed development is
located in the floodway.
[i]
If the proposed development is located outside
of the floodway, then it is determined to have no impact on the regional
flood elevation.
[ii]
If any part of the proposed development is in
the floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that
all coefficients remain the same as in the existing model, unless
adequate justification based on standard accepted engineering practices
is provided.
[2]
Zone AE floodplains.
[a]
Hydrology. If the proposed hydrology will change
the existing study, the appropriate method to be used shall be based
on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
[b]
Hydraulic model. The regional flood elevation shall
be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic
Analysis: Determination of Regional Flood Elevation, and the following:
[i]
Duplicate Effective Model. The Effective Model
shall be reproduced to ensure correct transference of the model data
and to allow integration of the revised data to provide a continuous
FIS model upstream and downstream of the revised reach. If data from
the Effective Model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
[ii]
Corrected Effective Model. The Corrected Effective
Model shall not include any man-made physical changes since the effective
model date, but shall import the model into the most-current version
of HEC-RAS for Department review.
[iii]
Existing (Pre-Project Conditions) Model. The
Existing Model shall be required to support conclusions about the
actual impacts of the project associated with the Revised (Post-Project)
Model or to establish more up-to-date models on which to base the
Revised (Post-Project) Model.
[iv]
Revised (Post-Project Conditions) Model. The Revised
(Post-Project Conditions) Model shall incorporate the Existing Model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
[v]
All changes to the Duplicate Effective Model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
[vi]
Changes to the hydraulic models shall be limited
to the stream reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall be identical
to those in the effective model and result in water surface elevations
and topwidths computed by the revised models matching those in the
effective models upstream and downstream of the revised reach as required.
The Effective Model shall not be truncated.
[c]
Mapping. Maps and associated engineering data shall
be submitted to the Department for review which meet the following
conditions:
[i]
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary
Floodway Maps (FBFMs), construction plans, bridge plans.
[ii]
Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order
that the FIRM may be more easily revised.
[iii]
Annotated FIRM panel showing the revised 1% and
0.2% annual chance floodplains and floodway boundaries.
[iv]
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used, then all supporting documentation or
metadata must be included with the data submission along with the
Universal Transverse Mercator (UTM) projection and State Plane Coordinate
System in accordance with FEMA mapping specifications.
[v]
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
[vi]
All cross sections from the Effective Model shall
be labeled in accordance with the effective map and a cross-section
lookup table shall be included to relate to the model input numbering
scheme.
[vii]
Both the current and proposed floodways shall
be shown on the map.
[viii]
The stream center line, or profile baseline
used to measure stream distances in the model shall be visible on
the map.
(d)
Expiration. All permits issued under the authority of this chapter
shall expire no more than 180 days after issuance. The permit may
be extended for a maximum of 180 days for good and sufficient cause.
(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 chapter;
(b)
Application for such certificate shall be concurrent with the
application for a permit;
(c)
If all ordinance provisions are met, the certificate of 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 the requirements of § 183-7E are met.
(4)
Other permits. Prior to obtaining a floodplain development permit
the applicant must secure all necessary permits from federal, state,
and local agencies, including but not limited to those required by
the U.S. Army Corps of Engineers under § 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 s. 59.694, Wis. Stats., for counties or s. 62.23(7)(e), Wis.
Stats., for cities or villages, is hereby authorized or shall be appointed
to act for the purposes of this chapter. The Board shall exercise
the powers conferred by Wisconsin Statutes and adopt rules for the
conduct of business. The Zoning Administrator shall 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 chapter;
(b)
Boundary disputes: hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map; and
(c)
Variances: hear and decide, upon appeal, variances from the
chapter 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 Wisconsin Statutes,
specifying the date, time, place and subject of the hearing; and
[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.
(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;
and
[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)
The person contesting the boundary location shall be given a
reasonable opportunity to present arguments and technical evidence
to the Board; and
(4)
Variance.
(a)
The Board may, upon appeal, grant a variance from the standards
of this chapter if an applicant convincingly demonstrates that:
[1]
Literal enforcement of the chapter 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 chapter or map must be amended;
[3]
The variance is not contrary to the public interest; and
(b)
In addition to the criteria in § 183-7C(4)(a), to qualify for a variance under FEMA regulations, the following criteria must be met:
[1]
The variance shall not cause any increase in the regional flood
elevation;
[2]
Variances can only be granted for lots that are less than one-half
acre and are contiguous to existing structures constructed below the
RFE; and
[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;
[5]
Allow actions without the amendments to this chapter or map(s) required in § 183-8, Amendments; and
[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 risks to life and property
and flood insurance premiums could increase up to $25 per $100 of
coverage. A copy shall be maintained with the variance record.
D.
To review appeals of permit denials.
(1)
The zoning agency (§ 183-7B) or Board shall review all data related to the appeal. This may include:
(c)
Data listed in § 183-3C(1)(b) where the applicant has not submitted this information to the Zoning Administrator; and
(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 may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of § 183-8, Amendments; and
(b)
Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase provided
no other reasons for denial exist.
E.
Floodproofing standards for nonconforming structures or uses.
(1)
No permit or variance shall be issued for a nonresidential structure
designed to be watertight below the regional flood elevation 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 and
submits a FEMA floodproofing certificate.
(2)
For a structure designed to allow the entry of floodwaters, no permit
or variance shall be issued until the applicant submits a plan either:
(a)
Certified by a registered professional engineer or architect;
or
(b)
Meets or exceeds the following standards:
[1]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding;
[2]
The bottom of all openings shall be no higher than one foot
above grade; and
[3]
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(3)
Floodproofing measures shall be designed, as appropriate, 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;
(d)
Minimize or eliminate infiltration of floodwaters;
(e)
Minimize or eliminate discharges into floodwaters.
Obstructions or increases may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with § 183-8A. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with § 183-8A. Any such alterations must be reviewed and approved by FEMA and the DNR. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain maps, floodway lines, and water surface profiles, in accordance with § 183-8A.
A.
General. The governing body shall change or supplement the floodplain zoning district boundaries and this chapter in the manner outlined in § 183-8B below. Actions which require an amendment to the chapter and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
(1)
Any fill or floodway encroachment that obstructs flow causing any
increase in the regional flood height;
(2)
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM;
(3)
Any changes to any other officially adopted floodplain maps listed in § 183-1E(2)(b);
(4)
Any floodplain fill 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;
(5)
Correction of discrepancies between the water surface profiles and
floodplain maps;
(6)
Any upgrade to a floodplain zoning ordinance text required by s.
NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes
by the municipality; and
(7)
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the floodfringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
B.
Procedures. Chapter amendments may be made upon petition of any party according to the provisions of s. 62.23, Wis. Stats., for cities and villages, or 59.69, Wis. Stats., for counties. The petitions shall include all data required by §§ 183-5A(4) and 183-7A(2). The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
(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 s. 62.23, Wis. Stats., for cities
and villages or s. 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 causing
any increase in the regional flood height shall obtain flooding easements
or other appropriate legal arrangements from all adversely affected
property owners and notify local units of government before the amendment
can be approved by the governing body.
Any violation of the provisions of this chapter by any person
shall be unlawful and 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 less
than $20 and 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 chapter is a public nuisance and
the creation may be enjoined and the maintenance may be abated by
action at suit of the municipality, the state, or any citizen thereof
pursuant to s. 87.30, Wis. Stats.
Unless specifically defined, words and phrases in this chapter
shall have their common law meaning and shall be applied in accordance
with their common usage. Words used in the present tense include the
future, the singular number includes the plural and the plural number
includes the singular. The word "may" is permissive, "shall" is mandatory
and is not discretionary.
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building.
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 foot 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 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 s. 30.11, Wis. Stats., and which allows limited filling
between this bulkhead line and the original ordinary highwater 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, or tent that is fully
licensed, if required, and ready for highway use.
A certification that the construction and the use of land
or a building, the elevation of fill or the lowest floor of a structure
is in compliance with all of the provisions of this chapter.
A natural or artificial watercourse with 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, use or development in the
floodway.
The federal agency that administers the National Flood Insurance
Program.
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 the floodplain and the risk premium zones applicable
to the community. This map can only be amended by the Federal Emergency
Management Agency.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance
Study, form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
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.
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe,
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
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
greater than 0.00 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.")
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 nonelevation 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.
The term "manufactured home" includes a mobile home but does not include
a "mobile recreational vehicle."
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.
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 vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicles."
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 county, city or village governmental units enacting,
administering and enforcing this Zoning Ordinance.
Elevations referenced to mean sea level datum, 1988 adjustment.
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 Floodfringe District is a
conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this chapter
for the area of the floodplain which it occupies, such as a residence
in the floodway.
Any development which blocks the conveyance of floodwaters
such that this development alone or together with any future development
will cause an increase in regional flood height.
That map, adopted and made part of this chapter, as described in § 183-1E(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 floodplain 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 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 s. 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 repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not, however, include either any project
for the improvement of a building required to correct existing health,
sanitary or safety code violations identified by the building official
and that are the minimum necessary to assure safe living conditions;
or any alteration of an historic structure provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
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 chapter.
An authorization by the Board of Adjustment or Appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in 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.
