Unless specifically defined, words and phrases in this ordinance
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.
(1) A ZONES — 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.
(2) AH ZONE — See "AREA OF SHALLOW FLOODING."
(3) AO ZONE — See "AREA OF SHALLOW FLOODING."
(4) ACCESSORY STRUCTURE OR USE — A facility, structure, building
or use which is accessory or incidental to the principal use of a
property, structure or building.
(5) ALTERATION — 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.
(6) 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 1% or greater annual chance of flooding to an average depth of one
to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable, and where velocity flood may
be evident. Such flooding is characterized by ponding or sheet flow.
(7) BASE FLOOD — The flood having a 1% chance of being equaled
or exceeded in any given year, as published by FEMA as part of a FIS
and depicted on a FIRM.
(8) BASEMENT — Any enclosed area of a building having its floor
sub-grade, i.e., below ground level, on all sides.
(9) BUILDING — See STRUCTURE.
(10)
BULKHEAD LINE — A geographic line along a reach of navigable
water that has been adopted by a municipal ordinance and approved
by the Department pursuant to § 30.11, Wis. Stats., and
which allows limited filling between this bulkhead line and the original
ordinary high water mark, except where such filling is prohibited
by the floodway provisions of this ordinance.
(11)
CAMPGROUND — 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.
(12)
CAMPING UNIT — 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, pick-up truck, or tent
That is fully licensed, if required, and ready for highway use.
(13)
CERTIFICATE OF COMPLIANCE — 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 ordinance.
(14)
CHANNEL — A natural or artificial watercourse with definite
bed and banks to confine and conduct normal flow of water.
(15)
CRAWLWAYS or CRAWL SPACE — 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.
(16)
DECK — An unenclosed exterior structure that has no roof
or sides, but has a permeable floor which allows the infiltration
of precipitation.
(17)
DEPARTMENT — The Wisconsin Department of Natural Resources.
(18)
DEVELOPMENT — 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.
(19)
DRYLAND ACCESS — 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.
(20)
ENCROACHMENT — Any fill, structure, equipment, building,
use or development in the floodway.
(21)
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal
agency that administers the National Flood Insurance Program.
(22)
FLOOD INSURANCE RATE MAP (FIRM) — A map of a community
on which the Federal Insurance Administration has delineated both
special flood hazard areas (the floodplain) and the risk premium zones
applicable to the community. This map can only be amended by the Federal
Emergency Management Agency.
(23)
FLOOD or FLOODING — A general and temporary condition
of partial or complete inundation of normally dry land areas caused
by one of the following conditions:
(a)
The overflow or rise of inland waters,
(b)
The rapid accumulation or runoff of surface waters from any
source,
(c)
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior, or
(d)
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.
(24)
FLOOD FREQUENCY — 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.
(25)
FLOODFRINGE — 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.
(26)
FLOOD HAZARD BOUNDARY MAP — 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.
(27)
FLOOD INSURANCE STUDY — 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.
(28)
FLOODPLAIN — 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.
(29)
FLOODPLAIN ISLAND — A natural geologic land formation
within the floodplain that is surrounded, but not covered, by floodwater
during the regional flood.
(30)
FLOODPLAIN MANAGEMENT — Policy and procedures to insure
wise use of floodplains, including mapping and engineering, mitigation,
education, and administration and enforcement of floodplain regulations.
(31)
FLOOD PROFILE — 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.
(32)
FLOODPROOFING — 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.
(33)
FLOOD PROTECTION ELEVATION — An elevation of two feet
of freeboard above the water surface profile elevation designated
for the regional flood. (Also see: FREEBOARD.)
(34)
FLOOD STORAGE — Those floodplain areas where storage of
floodwaters has been taken into account during analysis in reducing
the regional flood discharge.
(35)
FLOODWAY — The channel of a river or stream and those
portions of the floodplain adjoining the channel required to carry
the regional flood discharge.
(36)
FREEBOARD — 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.
(37)
HABITABLE STRUCTURE — Any structure or portion thereof
used or designed for human habitation.
(38)
HEARING NOTICE — 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.
(39)
HIGH FLOOD DAMAGE POTENTIAL — 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.
(40)
HIGHEST ADJACENT GRADE — The highest natural elevation
of the ground surface prior to construction next to the proposed walls
of a structure.
(41)
HISTORIC STRUCTURE — Any structure that is either:
(a)
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;
(b)
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;
(c)
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
(d)
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.
(42)
INCREASE IN REGIONAL FLOOD HEIGHT — 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.
(43)
LAND USE — Any nonstructural use made of unimproved or
improved real estate. (Also see DEVELOPMENT.)
(44)
LOWEST ADJACENT GRADE — Elevation of the lowest ground
surface that touches any of the exterior walls of a building.
(45)
LOWEST FLOOR — The lowest floor of the lowest enclosed
are (including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage
in an area other than a basement area is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable non-elevation design
requirements of 44 CFR 60.3.
(46)
MAINTENANCE — The act or process of restoring to original
soundness, including redecorating, refinishing, non-structural repairs,
or the replacement of existing fixtures, systems or equipment with
equivalent fixtures, systems or structures.
(47)
MANUFACTURED HOME — 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."
(48)
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION — A parcel
(or contiguous parcels) of land, divided into two or more manufactured
home lots for rent or sale.
(49)
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING —
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 ordinance.
At a minimum, this would include the installation of utilities, construction
of streets and either final site grading, or the pouring if concrete
pads.
(50)
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING —
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 if concrete pads.
(51)
MOBILE RECREATIONAL VEHICLE — 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."
(52)
MODEL, CORRECTED EFFECTIVE — 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.
(53)
MODEL, DUPLICATE EFFECTIVE — A copy of the hydraulic analysis
used in the effective FIS and referred to as the effective model.
(54)
MODEL, EFFECTIVE — The hydraulic engineering model that
was used to produce the current effective Flood Insurance Study.
(55)
MODEL, EXISTING (PRE-PROJECT) — 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.
(56)
MODEL, REVISED (POST-PROJECT) — A modification of the
Existing or Pre-Project Conditions Model, Duplicate Effective Model
or Corrected Effective Model to reflect revised or post-project conditions.
(57)
MUNICIPALITY or MUNICIPAL — The County, city or village
governmental units enacting, administering and enforcing this zoning
ordinance.
(58)
NAVD or NORTH AMERICAN VERTICAL DATUM — Elevations referenced
to mean sea level datum, 1988 adjustment.
(59)
NGVD or NATIONAL GEODETIC VERTICAL DATUM — Elevations
referenced to mean sea level datum, 1929 adjustment.
(60)
NEW CONSTRUCTION — 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.
(61)
LEGAL PRE-EXISTING STRUCTURE — An existing lawful structure
or building which is not in conformity with the dimensional or structural
requirements of this ordinance 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 legal
pre-existing.)
(62)
LEGAL PRE-EXISTING USE — An existing lawful use or accessory
use of a structure or building which is not in conformity with the
provisions of this ordinance for the area of the floodplain which
it occupies. (Such as a residence in the floodway.)
(63)
OBSTRUCTION TO FLOW — 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.
(64)
OFFICIAL FLOODPLAIN ZONING MAP — That map, adopted and
made part of this ordinance, as described in § 1.5(2), which
has been approved by the Department and FEMA.
(65)
OPEN SPACE USE — Those uses having a relatively low flood
damage potential and not involving structures.
(66)
ORDINARY HIGH WATER MARK — 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.
(67)
PERSON — An individual, or group of individuals, corporation,
partnership, association, municipality or state agency.
(68)
PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS) — 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.
(69)
PUBLIC UTILITIES — 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.
(70)
REASONABLY SAFE FROM FLOODING — 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.
(71)
REGIONAL FLOOD — A flood determined to be representative
of large floods known to have occurred in Wisconsin. A regional flood
is a flood with a 1% chance of being equaled or exceeded in any given
year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
(72)
START OF CONSTRUCTION — The date the zoning 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.
(73)
STRUCTURE — Any man-made object with form, shape and utility,
either permanently or temporarily attached to, placed upon or set
into the ground, stream bed or lake bed, including, but not limited
to, roofed and walled buildings, gas or liquid storage tanks, bridges,
dams and culverts.
(74)
SUBDIVISION — Has the meaning given in § 236.02(12),
Wis. Stats.
(75)
SUBSTANTIAL DAMAGE — Damage of any origin sustained by
a structure, whereby the cost of restoring the structure to its pre-damaged
condition would equal or exceed 50% of the equalized assessed value
of the structure before the damage occurred.
(76)
SUBSTANTIAL IMPROVEMENT — 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 a historic structure provided that the alteration will not preclude
the structure's continued designation as a historic structure.
(77)
UNNECESSARY HARDSHIP — 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 ordinance.
(78)
VARIANCE — 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.
(79) VIOLATION — 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.
(80) WATERSHED — The entire region contributing runoff or surface
water to a watercourse or body of water.
(81) WATER SURFACE PROFILE — 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.
(82) WELL — An excavation opening in the ground made by digging,
boring, drilling, driving or other methods, to obtain groundwater
regardless of its intended use.
(83) ZONING DIRECTOR — The Oneida County Planning and Zoning Director
or his or her designee.