This chapter for floodplain protection is adopted pursuant to
the authorization contained in §§ 61.35, 62.23 and 87.30,
Wis. Stats.
Uncontrolled development and use of the floodplains, rivers
or streams of the Village of Winneconne, Wisconsin, would adversely
affect the public health, safety, convenience and general welfare
and impair its tax base.
The purpose of this chapter is to provide a uniform basis for
the preparation, implementation and administration of sound floodplain
regulations for all floodplains within the Village of Winneconne to:
A. Protect life, health and property;
B. Minimize expenditures of public monies for costly flood-control projects;
C. Minimize rescue and relief efforts, generally undertaken at the expense
of the general public;
D. Minimize business interruptions which usually result in the loss
of local incomes;
E. Minimize damage to public facilities on the floodplains such as water
mains, sewer lines, streets and bridges;
F. Minimize the occurrence of future flood blight areas on floodplains;
G. Discourage the victimization of unwary land and home buyers; and
H. Prevent increases in regional flood heights that could increase flood
damage and may result in conflicts or litigation between property
owners.
This chapter shall be known as the "Floodplain Zoning Ordinance
for the Village of Winneconne, Wisconsin."
Areas regulated by this chapter include all lands within the corporate limits of the Village of Winneconne that would be covered by the "regional flood" defined in Chapter
580, Zoning, Article
VII, Definition of Terms, and include "floodplain island" where emergency rescue and relief routes would be inundated by the regional flood.
Compliance with the provisions of this chapter shall not be grounds for removing lands from the floodplain district, unless they are removed by filling to a height of at least two feet above the regional flood elevation, the fill is contiguous to land lying outside the floodplain district and the map is amended pursuant to Chapter
580, Zoning. To remove the land from flood insurance requirements, FEMA must first revise the Flood Insurance Rate Map or issue a letter of map amendment or revision.
The degree of flood protection intended to be provided by this
chapter is considered reasonable for regulatory purposes and is based
on engineering experience and scientific methods of study. Larger
floods may occur or the flood height may be increased by man-made
or natural causes, such as ice jams or bridge openings restricted
by debris. This chapter does not imply that areas outside of the delineated
floodplain or permitted land uses within the floodplain will be totally
free from flooding and associated flood damages. Nor does this chapter
create a liability on the part of or a cause of action against the
Village or any officer or employee thereof for any flood damage that
may result from reliance on this chapter.
If any section, clause, provision or portion of this chapter
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
The Winnebago County floodplain zoning provisions in effect
on the date of annexation shall remain in effect and shall be enforced
by the municipality for all areas annexed by the Village until the
Village adopts and enforces an ordinance which meets the requirements
of Ch. NR 116, Wis. Adm. Code. These annexed lands are described on
the Village'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 Zoning Administrator.
The provisions for this district shall apply to all floodplains in the Village for which "regional flood" data, as defined in Chapter
580, Zoning, Article
VII, Definition of Terms, is not available, or where regional flood data is available but floodways have not been delineated. As adequate regional flood data becomes available and floodways are delineated for portions of this district, such portions shall be placed in the Flood-Fringe or Floodway District, as appropriate.
The General Floodplain District encompasses both floodway and flood-fringe areas. Therefore, a determination shall be made pursuant to this chapter to determine whether the proposed use is located within a floodway or flood-fringe area. Those uses permitted in floodways and flood-fringe areas are allowed within the General Floodplain District according to the standards of this chapter, and provided that all permits or certificates required under this chapter and Chapters
559 and
580 of the Code have been issued.
Once it is determined according to this chapter that a proposed use is located within a floodway, the provisions of §§
546-19 through
546-22 shall apply. Once determined that the proposed use is located within the flood fringe, the provisions of §§
546-23 through
546-25 shall apply. All provisions of the remainder of this chapter apply to either district.
Upon receiving an application for development within the General
Floodplain District, the Zoning Administrator shall:
A. Require the applicant to submit, at the time of application, two
copies of an aerial photograph or a plan which accurately locates
the proposed development with respect to the General Floodplain District
limits, channel of stream, existing floodplain developments, together
with all pertinent information such as the nature of the proposal,
legal description of the property, fill limits and elevations, building
floor elevations and floodproofing measures.
B. Require the applicant to furnish any of the following additional
information as is deemed necessary by the Department for evaluation
of the effects of the proposal upon flood height and flood flows,
the regional flood elevation and where applicable to determine the
boundaries of the floodway:
(1) A typical valley cross section showing the channel of the stream,
the floodplain adjoining each side of the channel, the cross-sectional
area to be occupied by the proposed development and all historic high-water
information.
(2) Plan (surface view) showing: elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location and
spatial arrangement 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) Profile showing the slope of the bottom of the channel or flow line
of the stream.
(4) Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage of materials, water
supply and sanitary facilities.
C. Transmit one copy of the information described in Subsection
A and
B to the Department District office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.
The provisions of this chapter shall apply to all areas within the Floodway District, as shown on the official floodplain Zoning Maps, and to the floodway portion of the General Floodplain District, as determined pursuant to this chapter, Chapter
559, Shoreland-Wetland Zoning, and Chapter
580, Zoning.
The following open space uses are permitted within the Floodway District and in the floodway portion of the General Floodplain District, provided that they are not prohibited by any other ordinance, that they meet all of the standards contained in §
546-17, and all permits or certificates have been issued according to this chapter, Chapter
559, Shoreland-Wetland Zoning, and Chapter
580, Zoning.
A. Agricultural uses, such as: general farming, pasturing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod
farming and wild crop harvesting.
B. Nonstructural industrial and commercial uses, such as: loading areas,
parking areas and airport landing strips.
C. Nonstructural private and public recreational uses, such as: golf
courses, tennis courts, driving ranges, archery ranges, picnic grounds,
boat-launching ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, hunting and fishing
areas, hiking and horseback riding trails.
D. Uses or structures accessory to open space uses, or those classified
as historic structures, that are not in conflict with the provisions.
E. Extraction of sand, gravel or other materials pursuant to this chapter and Chapter
580.
F. Functionally water-dependent uses, such as: docks, piers or wharves,
including docks, piers or wharves used as part of a marina, and other
water-related uses, such as dams, flowage areas, culverts, navigational
aids and river crossings of transmission lines, and pipelines, according
to Chapters 30 and 31, Wis. Stats.
G. Public utilities, streets and bridges, according to this chapter and Chapter
580.
All uses not listed as permitted uses in §
546-16 are prohibited within the Floodway District and in the floodway portion of the General Floodplain District, including the following uses which are always prohibited in the floodway:
A. Structures in, on or over floodway areas which are designed for human
habitation, associated with high flood-damage potential, or not associated
with permanent open-space uses;
B. Storage of any materials that are capable of floating, flammable,
explosive or injurious to property water quality or human, animal,
plant, fish or other aquatic life;
C. Any uses which are not in harmony with, or which may be detrimental
to, the uses permitted in the adjoining districts;
D. 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.
E. Any public or private wells which are used to obtain water for ultimate
human consumption, except those for recreational areas that meet the
requirements of local ordinances and Chs. NR 811 and NR 812, Wis.
Adm. Code.
F. Any solid and hazardous waste disposal sites, whether public or private.
G. Any wastewater treatment ponds or facilities except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code.
H. Any sanitary sewer or water supply lines except those to service
existing or proposed development outside the floodway which complies
with the regulations for the floodplain area occupied.
The provisions of this chapter shall apply to all areas within the Flood-Fringe District, as shown on the official floodplain Zoning Maps, and to those portions of the General Floodplain District that are determined to be in the flood-fringe area pursuant to this chapter and Chapter
580.
Any structures, land use or development, including accessory structures and uses, are allowed within the Flood-Fringe District and flood-fringe portions of the General Floodplain District, provided that the standards contained in §
546-21 are met, that the use is not prohibited by this or any other ordinance or any other local, state or federal regulation and that all permits or certificates required by this chapter and Chapter
580 have been issued.