(1)
Applicability. If these standards conform with § 59.69(10),
Wis. Stats., for counties or § 62.23(7)(h), Wis. Stats.,
for cities and villages, they shall apply to all modifications or
additions to any legal pre-existing use or structure and to the use
of any structure or premises which was lawful before the passage of
this ordinance 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 ordinance may continue
subject to the following conditions:
(a)
No modifications or additions to a legal pre-existing use or
structure shall be permitted unless they comply with this ordinance.
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 legal pre-existing or the use of a legal pre-existing 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 ordinance;
(c)
The municipality shall keep a record which lists all legal pre-existing
uses and legal pre-existing 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 legal pre-existing structure
or any structure with a legal pre-existing 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 ordinance. Contiguous dry
land access must be provided for residential and commercial uses in
compliance with § 4.3(1). The costs of elevating the lowest
floor of a legal pre-existing building or a building with a legal
pre-existing use to the flood protection elevation are excluded from
the 50% provisions of this paragraph;
(e)
No maintenance to any legal pre-existing structure or any structure
with a legal pre-existing 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 ordinance. Contiguous dry land access must be provided for
residential and commercial uses in compliance with § 4.3(1).
(f)
If on a per-event basis the total value of the work being done
under (d) and (e) 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 ordinance.
Contiguous dry land access must be provided for residential and commercial
uses in compliance with § 4.3(1).
(g)
Except as provided in Subdivision (h), if any legal pre-existing
structure or any structure with a legal pre-existing use is destroyed
or is substantially damaged, it cannot be replaced, reconstructed
or rebuilt unless the use and the structure meet the current ordinance
requirements. A structure is considered substantially damaged if the
total cost to restore the structure to its pre-damaged condition equals
or exceeds 50% of the structure's present equalized assessed
value.
(h)
For legal pre-existing buildings that are substantially damaged
or destroyed by a nonflood disaster, the repair or reconstruction
of any such legal pre-existing 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
§ 7.5(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 § 5.3(1).
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 § 6.1(2)(h)1a —
b and e — g.
b.
Shall either have the lowest floor, including basement, elevated
to or above the regional flood elevation; or, together with attendant
utility and sanitary facilities, shall meet the standards in § 7.5(1)
or (2).
c.
In AO Zones with no elevations specified, shall have the lowest
floor, including basement, meet the standards in § 5.3(1).
(3)
A legal pre-existing historic structure may be altered if the alteration
will not preclude the structures continued designation as a historic
structure, the alteration will comply with § 3.3(1), flood-resistant
materials are used, and construction practices and floodproofing methods
that comply with § 7.5 are used. Repair or rehabilitation
of historic structures shall be exempt from the development standards
of § 6.1(2)(h)1 if it is determined that the proposed repair
or rehabilitation will not preclude the structure's continued
designation as a historic structure and is the minimum necessary to
preserve the historic character and design of the structure.
[Amended by Res. No. 46-2013]
(1)
No modification or addition shall be allowed to any legal pre-existing
structure or any structure with a legal pre-existing use in the Floodway
District, unless such modification or addition:
(a)
Has been granted a permit or variance which meets all ordinance
requirements;
(b)
Meets the requirements of § 6.1;
(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 § 7.5, 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 POWTS, or addition to an existing POWTS, 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 POWTS in a floodway area shall meet the applicable requirements of Chapter 13, The Oneida County Private Onsite Wastewater Treatment System Ordinance (POWTS) and DSPS 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
and Chs. NR 811 and NR 812, Wis. Adm. Code.
(1)
No modification or addition shall be allowed to any legal pre-existing
structure or any structure with a legal pre-existing use unless such
modification or addition has been granted a permit or variance by
the municipality, and meets the requirements of § 4.3, except
where § 6.3(2) is applicable.
(2)
Where compliance with the provisions of Subdivision (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 § 7.3, may grant a variance from those provisions of
Subdivision (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
(f)
The structure shall not be used for storage of materials as
described in § 4.3(6).
(3)
All new POWTS, or addition to, replacement, repair or maintenance of a POWTS shall meet all the applicable provisions of Chapter 13, the Oneida County Private Onsite Wastewater Treatment System Ordinance (POWTS) and DSPS 383, Wis. Adm. Code.
(4)
All new wells, or addition to, replacement, repair or maintenance
of a well shall meet the applicable provisions of this ordinance and
Ch. NR 811 and NR 812, Wis. Adm. Code.
