[HISTORY: Adopted by the Village Board of the Village of
Gresham as Ch. 18 of the prior Code. Amendments noted where applicable.]
A.
Statutory authorization. This chapter is adopted pursuant to the
authorization in §§ 61.35, 61.351, 87.30 and 281.31,
Wis. Stats.
B.
Findings of fact. Uncontrolled use of the shoreland-wetlands, floodplains,
rivers and streams, and the pollution of the navigable waters of the
Village would adversely affect the public health, safety, convenience
and general welfare and impair the tax base. The Wisconsin Legislature
has delegated responsibility to all municipalities to further the
maintenance of safe and healthful conditions; prevent and control
water pollution; protect spawning grounds, fish and aquatic life;
control building sites, placement of structures and land uses; and
preserve shore cover and natural beauty.
C.
Purpose. To promote the public health, safety, convenience and general
welfare, and protect life, health and property, this chapter has been
established to:
(1)
Maintain the stormwater and floodwater storage capacity of wetlands.
(2)
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters.
(3)
Protect fish spawning grounds, fish, aquatic life and wildlife by
preserving wetlands and other fish and aquatic habitat.
(4)
Prohibit certain uses detrimental to the shoreland-wetland area.
(5)
Preserve shore cover and natural beauty by restricting shoreland-wetland
excavation, filling and other earth-moving activities.
(6)
Minimize expenditures of public monies for costly flood control projects.
(7)
Reduce rescue and relief efforts, generally undertaken at the expense
of the tax-paying public.
(8)
Prevent business interruptions which usually result in the loss of
local incomes.
(9)
Reduce damage to public facilities, such as utilities, municipal
buildings, streets and bridges, which may be located in the floodplains.
(10)
Prevent the occurrence of future flood blight areas on floodplains.
(11)
Discourage the victimization of unwary land and home buyers.
(12)
Prevent increases in regional flood heights which could increase
damage during floods and which may result in conflicts or litigation
between property owners.
D.
Title. This chapter shall be known as the "Shoreland-Wetland and
Floodplain Zoning Code for the Village of Gresham, Wisconsin."
E.
Compliance; other permits. Any development, as defined in § 310-2 of this chapter, in floodplains and shoreland-wetlands shall be in full compliance with the terms of this chapter. It is the responsibility of the applicant to secure all other necessary permits from appropriate federal, state and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. § 1344.
F.
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 § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
are exempt when § 30.2022, Wis. Stats., applies.
G.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under §§ 62.23 and 62.231, Wis. Stats.,
for cities or §§ 61.35 and 61.351, Wis. Stats., for
villages or § 87.30, Wis. Stats., which relate to floodplains
and shoreland-wetlands, except that, where another municipal zoning
ordinance is more restrictive than the provisions contained in this
chapter, that ordinance shall continue in full force and effect to
the extent of the greater restrictions, but not otherwise. The more
restrictive of either the shoreland-wetland district or the floodplain
district regulations shall apply when a property is located in both
zoning districts.
(2)
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
H.
Interpretation. In their interpretation the provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of the Village and shall not be deemed a limitation or repeal
of any other powers granted by the Wisconsin Statutes. Where a provision
of this chapter is required by a standard in Ch. NR 116 or 117, Wis.
Adm. Code, and where the chapter provision is unclear, the provision
shall be interpreted in light of the Ch. NR 116 or 117, Wis. Adm.
Code, 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.
I.
Warning and disclaimer of liability. The degree of flood protection
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. Therefore, 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 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.
J.
Zoning Maps. The maps designated below are hereby adopted and made
part of this chapter. They are on file in the office of the Village
Clerk.
(1)
United States Geological Survey Quadrangle Maps revised and dated
1978 and 1979.
(2)
Wisconsin Wetland Inventory Maps stamped "FINAL" and dated October
25, 1993.
(3)
Flood Insurance Study Maps with corresponding profiles and the Flood
Insurance Study from FEMA dated October 25, 1993.
(4)
Zoning Map titled "Village of Gresham Zoning Map," as amended, on
file in the Village office.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
K.
Annexed areas. The zoning of annexed lands shall comply with the
provisions of §§ 59.69(7) and 59.692, Wis. Stats. Annexed
lands are designated on the Village's Official Zoning Map. The
County shoreland and floodplain zoning provisions are incorporated
by reference for the purpose of administering this section and are
on file in the office of the Village Clerk.
(1)
Annexed floodplains. The County floodplain zoning provisions in effect
on the date of annexation shall remain in effect and shall be enforced
by the Village for all areas annexed by the Village until the Village
adopts and enforces an ordinance which meets the requirements of Wis.
Adm. Code Ch. NR 116.
(2)
Annexed shorelands. The County shoreland zoning provisions in effect
on the date of annexation remain in effect administered by the Village
for all shoreland areas annexed by the Village after May 7, 1982.
The terms or words used in this chapter shall be interpreted
as follows:
Those areas shown on the Village's Official Floodplain
Zoning Map, as defined below in this section in the definition of
"Official Floodplain Zoning Map," which would be inundated by the
base flood or "regional flood," as defined herein. These areas may
be numbered or unnumbered A-zones. The A-zones may or may not be reflective
of flood profiles, depending on the availability of data for a given
area.
A detached subordinate structure or a use which is clearly
incidental to, and customarily found with, the principal structure
or use to which it is related and which is located on the same lot
as that of the principal structure or use.
As defined in § 30.01(1d), Wis. Stats., means a
permanent structure used for the storage of watercraft and associated
materials and includes all such structures which are totally enclosed,
have roofs or walls or any combination of structural parts.
A geographic line along a reach of navigable water that has
been specified by adoption of a municipal ordinance and approved by
the Department of Natural Resources pursuant to § 30.11,
Wis. Stats., and which allows limited filling between the bulkhead
line and the original ordinary high-water mark, except where such
filling is prohibited by the floodway provisions of this chapter.
A certification issued by the Zoning Administrator stating
that any construction and use of land or a building, the elevation
of fill or the first floor of a structure is in compliance with all
of the provisions of this chapter.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
A use which is permitted by this chapter, provided that certain
conditions specified in the chapter are met and that a permit is granted
by the Board of Zoning Appeals or, where designated, the Plan Commission.
The Wisconsin Department of Natural Resources.
Any new use, change of use and any change to improved or
unimproved real estate, including, but not limited to, the construction
of buildings, structures or accessory structures; any placement of
mobile homes; the construction of additions or substantial alterations
to buildings, structures or accessory structures; the placement of
buildings or structures; ditching, lagooning, dredging, filling, grading,
paving, excavation or drilling operations; and the deposition or extraction
of earthen materials, public or private sewage disposal systems or
water supply facilities.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or ground water and convey it to a point
of discharge.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
regional flood elevation and wide enough for wheeled rescue and relief
vehicles.
Any fill, structure, building, use or development in the
floodway.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting, or allegedly not meeting, acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
A parcel, or contiguous parcels, of land divided into two
or more mobile home lots for rent or sale on which the construction
of facilities for servicing the lots, including, at a minimum, the
installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets, is completed before
the effective date of this chapter.
The federal agency that administers the National Flood Insurance
Program.
As defined in § 30.01(1r), Wis. Stats., means a
structure not actually used for navigation which extends beyond the
ordinary high-water mark of a navigable waterway and is retained in
place either by cables to the shoreline or by anchors or spud poles
attached to the bed of the waterway.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood; it is generally
associated with standing water rather than rapidly flowing water.
A map prepared for the Village by FEMA designating approximate
flood hazard areas. Flood hazard areas are designated as unnumbered
A-zones and do not contain floodway lines or regional flood elevations.
These maps form the basis for both the regulatory and insurance aspects
of the National Flood Insurance Program.
A technical engineering examination, evaluation and determination
of flood hazard areas. It provides maps designating those areas affected
by the regional flood and provides both flood insurance rate zones
and regional flood elevations as well as floodway lines. The flood
hazard areas are designated as numbered or unnumbered A-zones. Flood
insurance study maps 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:
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 shores of Lake Michigan or Lake
Superior.
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.
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.
An elevation that corresponds to a point two feet of freeboard
above the water surface profile associated with the regional flood.
See also "freeboard."
That land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain is comprised of the floodway
and the flood fringe and general floodplain areas.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
Any combination of structural and nonstructural additions,
changes or adjustments which reduce or eliminate flood damage to unimproved
or improved real estate, water and sanitary facilities, structures
and their contents.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
Represent the limits of obstruction to flood flows. These
lines are designated on both sides of, and generally parallel to,
the channel of a river or stream. They are established by assuming
that the area landward, or outside of the encroachment lines, will
ultimately be developed in such a way that it will not convey flood
flows, but the development will not cause an increase to regional
flood elevations upstream. It is assumed that any development riverward
of these lines will cause an obstruction and will require a detailed
analysis to determine its effect on the regional flood elevations
upstream.
Represents a factor of safety usually expressed in terms
of a certain amount of feet above a calculated flood level. Freeboard
compensates for the many unknown factors that contribute to flood
heights greater than the height calculated. These unknown factors
include, but are not limited to, ice jams, debris accumulation, wave
action, obstruction of bridge openings and floodways, the effects
of urbanization on the hydrology of the watershed, loss of flood storage
areas due to development and the sedimentation of a river or stream
bed.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. Class 1 notice is required at a minimum for appeals; published
once at least one week (seven days) before the hearing. Class 2 notice
is required at a minimum for all zoning ordinances and amendments,
including map amendments; published twice, once each week consecutively,
the last publication at least a week (seven days) before the hearing.
Local ordinances or bylaws may require additional notice exceeding
these minimums.
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
(Federal rule dated October 1990) Any structure that is:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
or
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; or
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 directly by the Secretary of the Interior
in states without approved programs.
A calculated upward rise in the regional flood elevation
equal to or greater than 0.01 foot, resulting from a comparison of
existing conditions and proposed conditions, which is directly attributable
to development in the floodplain, but not attributable to manipulation
of mathematical variables, such as roughness factors, expansion and
contraction coefficients and discharge.
Any nonstructural use made of unimproved or improved real
estate. See also "development."
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
For the purpose of this chapter, it does not include recreational
vehicles or travel trailers which remain licensed and ready for highway
use and remain on site less than 180 days (revised federal rule dated
October 1990).
Elevations referenced to mean sea level datum, 1929 adjustment.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. The Wisconsin Supreme Court has declared "navigable" bodies
of water with a bed differentiated from adjacent uplands and with
levels or flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 492 (1952) and DeGayner and
Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
That map, adopted and made part of this chapter, as described in § 310-1J of this chapter, 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.
The Village Plan Commission created under § 62.23(1),
Wis. Stats., which acts on matters pertaining to planning and zoning.
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected
to occur on a particular stream because of like physical characteristics.
The flood frequency of the regional flood is once in every 100 years.
This means that in any given year, there is a 1% chance that the regional
flood may occur or be exceeded. During a typical thirty-year mortgage
period, the regional flood has a 26% chance of occurrence. The regional
flood is based upon a statistical analysis of stream flow records
available for the watershed or an analysis of rainfall and runoff
characteristics in the general watershed region or both. FEMA uses
the term "base flood," which means the regional flood.
The zoning district created in this chapter, comprised of
shorelands that are designated as "wetlands" on the wetlands inventory
maps which have been adopted and made a part of this chapter.
Lands within the following distances from the ordinary high-water
mark of navigable waters; 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
The volume of space above an area of floodplain land that
can be occupied by floodwater of a given stage at a given time, regardless
of whether the water is moving.
Circumstance where special conditions, which were not self-created,
affect a particular property and make strict conformity with the restrictions
governing dimensional standards, such as area, setbacks, frontage
or height, unnecessarily burdensome or unreasonable in light of the
purpose of this chapter. Unnecessary hardship is present only where,
in the absence of a variance, no feasible use can be made of the property.
An authorization granted by the Board of Zoning Appeals to
construct, alter or use a building or structure in a manner that deviates
from the dimensional standards of this chapter. A variance may not
permit a use of property that is otherwise prohibited by this chapter
or allow construction not protected to the flood protection elevation.
A graphic representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
Any construction, filling, flooding, draining, dredging,
ditching, tiling, excavating, temporary water level stabilization
measures or dike and dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
A.
District boundaries of shoreland-wetlands.
(1)
The Shoreland-Wetland District includes all wetlands in the Village which are five acres or more in size and are shown on the final Wetland Inventory Map that has been adopted and made a part of this chapter in § 310-1J and which are:
(a)
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the Village shall be presumed to be navigable if they are listed in the Department publication "Surface Water Resources of Shawano County" or are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been made a part of this chapter in § 310-1J.
(b)
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in § 310-1J. Floodplain Zoning Maps adopted in § 310-1J of this chapter shall be used to determine the extent of floodplain areas.
(2)
Determinations of navigability and ordinary high-water mark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Department for a final determination of navigability
or ordinary high-water mark.
(3)
When an apparent discrepancy exists between the Shoreland-Wetland
District boundary shown on the Official Zoning Maps and the actual
field conditions at the time the maps were adopted, the Zoning Administrator
shall contact the appropriate district office of the Department to
determine if the Shoreland-Wetland District boundary, as mapped, is
in error. If Department staff concur with the Administrator that a
particular area was incorrectly mapped as a wetland, the Administrator
shall have the authority to immediately grant or deny a land use or
building permit in accordance with the regulations applicable to the
correct zoning district. In order to correct wetland mapping errors
shown on the Official Zoning Maps, the Administrator shall be responsible
for initiating a map amendment within a reasonable period.
(4)
Under § 281.31(2m), Wis. Stats., notwithstanding any other
provision of law or administrative rule, wetland zoning ordinances
required under § 61.351, Wis. Stats., and Ch. NR 117, Wis.
Adm. Code, do not apply to lands adjacent to farm drainage ditches,
if:
B.
Permitted uses in shoreland-wetlands. The following uses are permitted
subject to the provisions of Chs. 30 and 31, Wis. Stats., and the
provisions of other local, state and federal laws, if applicable:
(1)
Activities and uses which do not require the issuance of a zoning
permit, provided that no wetland alteration occurs:
(a)
Hiking, fishing, trapping, hunting, swimming, snowmobiling and
boating.
(b)
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, tree fruits and tree seeds, in a manner that is
not injurious to the natural reproduction of such crops.
(c)
The practice of silviculture, including the planting, thinning
and harvesting of timber.
(d)
The pasturing of livestock.
(e)
The cultivation of agricultural crops.
(f)
The construction and maintenance of duck blinds.
(2)
Uses which do not require the issuance of a zoning permit and which
may involve wetland alterations only to the extent specifically provided
below:
(a)
The practice of silviculture, including limited temporary water
level stabilization measures which are necessary to alleviate abnormally
wet or dry conditions that would have an adverse impact on the conduct
of silvicultural activities if not corrected.
(b)
The cultivation of cranberries, including limited wetland alterations
necessary for the purpose of growing and harvesting cranberries.
(c)
The maintenance and repair of existing drainage systems, where
permissible under § 30.20, Wis. Stats., to restore preexisting
levels of drainage, including the minimum amount of filling necessary
to dispose of dredged spoil, provided that the filling is permissible
under Ch. 30, Wis. Stats., and that dredged spoil is placed on existing
spoil banks where possible.
(d)
The construction and maintenance of fences for the pasturing
of livestock, including limited excavating and filling necessary for
such construction or maintenance.
(e)
The construction and maintenance of piers, docks and walkways,
observation decks and trail bridges built on pilings, including limited
excavating and filling necessary for such construction or maintenance.
(f)
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland District, provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed in Subsection D(1) below.
(g)
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
(3)
Uses which are allowed upon the issuance of a conditional use permit
and which may include wetland alterations only to the extent specifically
provided below:
(a)
The construction and maintenance of roads which are necessary
for the continuity of the Village street system, the provision of
essential utility and emergency services or to provide access to uses
permitted under this subsection, provided that:
[1]
The road cannot, as a practical matter, be located outside the
wetland.
[2]
The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in Subsection D(1) below.
[3]
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use.
[4]
Road construction activities are carried out in the immediate
area of the roadbed only.
[5]
Any wetland alteration must be necessary for the construction
or maintenance of the road.
(b)
The construction and maintenance of nonresidential buildings,
provided that:
[1]
The building is used solely in conjunction with a use permitted
in the Shoreland-Wetland District or for the raising of waterfowl,
minnows or other wetland or aquatic animals.
[2]
The building cannot, as a practical matter, be located outside
the wetland.
[3]
The building does not exceed 500 square feet in floor area.
[4]
Only limited filling and excavating necessary to provide structural
support for the building is allowed.
(c)
The establishment and development of public and private parks
and recreation areas; outdoor education areas; historic, natural and
scientific areas; game refuges and closed areas; fish and wildlife
habitat improvement projects; game bird and animal farms; wildlife
preserves and public boat launching ramps, provided that:
[1]
Any private development allowed under this subsection shall
be used exclusively for the permitted purpose.
[2]
Only limited filling and excavating necessary for the development
of public boat launching ramps, swimming beaches or the construction
of park shelters or similar structures is allowed.
[3]
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in Subsection B(3)(a) above.
[4]
Wetland alterations in game refuges and closed areas, fish and
wildlife habitat improvement projects, game bird and animal farms
and wildlife preserves shall be for the purpose of improving wildlife
habitat or to otherwise enhance wetland values.
(d)
The construction and maintenance of electric and telephone transmission
lines and water, gas and sewer lines, and related facilities and the
construction and maintenance of railroad lines, provided that:
C.
D.
Rezoning shoreland-wetlands.
(1)
Rezoning of a shoreland-wetland shall require amendment of the Final Wisconsin Wetland Inventory Map, adopted in § 310-1J of this chapter pursuant to procedures established in § 310-7 of this chapter. In order to ensure that any amendment will be consistent with the shoreland protection objectives of § 281.31, Wis. Stats., the Village shall not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:
(a)
Stormwater and floodwater storage capacity;
(b)
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
(c)
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
(d)
Shoreline protection against soil erosion;
(e)
Fish spawning, breeding, nursery or feeding grounds;
(f)
Wildlife habitat; or
(g)
Areas of special recreational, scenic or scientific interest,
including scarce wetland types and habitat of endangered species.
(2)
Upon notification of a proposed amendment as required by § 310-7 of this chapter, if the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection D(1) above, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
(3)
If the Department notifies the Plan Commission, in writing, that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection D(1) above, that proposed amendment, if approved by the Village, shall not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department, as required by § 310-7 of this chapter. If within the thirty-day period, the Department notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under § 61.351(6), Wis. Stats., the proposed amendment shall not become effective until that ordinance adoption procedure is completed or otherwise terminated. The record of the Village Board decision on the proposed amendment shall advise the petitioner of the provisions of this subsection.
A.
General provisions for all floodplains.
(1)
Areas to be regulated. Areas regulated by this chapter shall include all areas within the incorporated limits of the Village that would be covered by the regional flood, as defined in § 310-2 of this chapter.
(2)
Establishment of districts. The regional floodplain areas within
the jurisdiction of this chapter are hereby divided into three districts
defined as follows:
(a)
The FW Floodway District consists of the channel of a river
or stream and those portions of the floodplain adjoining the channel
that are required to carry and discharge the regional floodwaters.
(b)
The FF Flood Fringe District consists of that portion of the
floodplain between the regional flood limits and the floodway.
(c)
The GFP General Floodplain District consists of all areas which
have been or may be hereafter covered by floodwater during the regional
flood. It includes both the Floodway and Flood Fringe Districts.
(3)
Locating floodplain boundaries. Where an apparent discrepancy exists between the location of the outermost boundary of the Flood Fringe District or the General Floodplain District shown on the Official Floodplain Zoning Map and actual field conditions, the location of the district boundary line shall be initially determined by the Zoning Administrator using the criteria set forth in Subsection A(3)(a) and (b) below. Where the Zoning Administrator finds that there is a significant difference between the district boundary shown on the map and the actual field conditions, the map shall be amended using the procedures established in Subsection A(9) below. Disputes between the Zoning Administrator and an applicant over the location of the district boundary line shall be settled by the Board of Zoning Appeals according to § 310-6E of this chapter.
(a)
Where flood profiles exist, the location of the district boundary
line shall be determined by the Zoning Administrator using both the
scale appearing on the map and the elevations shown on the water surface
profile of the regional flood. Where a discrepancy exists between
the boundary line location shown on the map and actual field conditions,
the regional flood elevations shall govern. A map amendment is required
where there is a significant discrepancy between the map and actual
field conditions. The Zoning Administrator shall have the authority
to immediately grant or deny a land use permit on the basis of a district
boundary derived from the elevations shown on the water surface profile
of the regional flood, whether or not a map amendment is required.
The Zoning Administrator shall be responsible for initiating any map
amendments required under this paragraph within a reasonable period
of time.
(b)
Where flood profiles do not exist, the location of the district
boundary line shall be determined by the Zoning Administrator using
the scale appearing on the map, visual on-site inspection and any
available information provided by the Department. Where there is a
significant difference between the district boundary line shown on
the map and actual field conditions, the map shall be amended. Where
a map amendment has been approved by both the Village Board and the
Department, the Zoning Administrator shall have the authority to grant
or deny a land use permit.
(4)
Removal of lands from floodplain. 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 lands outside the floodplain district, and the map is amended pursuant to Subsection A(9) below. To remove flood insurance requirements, FEMA must first revise the Flood Insurance Rate Map or issue a letter of map amendment or revision.
(5)
Hydraulic and hydrologic analyses.
(a)
No development shall be allowed in floodplain areas which will:
(b)
Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the Official Floodplain Zoning Maps, including floodway lines and water surface profiles, according to Subsection A(9) below and § 310-7 of this chapter, and only if the total cumulative effect of the proposed development will not increase the height of the regional flood more than 1.0 foot for the affected hydraulic reach of the stream.
(c)
The Zoning Administrator shall deny permits where it is determined
the proposed development will cause an obstruction to flow or increase
in regional flood height of 0.01 foot or greater.
(6)
Mobile homes and manufactured homes (revised federal rule October
1990).
(a)
Owners or operators of all mobile manufactured home parks and
subdivisions located in the regional floodplain shall provide for
adequate surface drainage to minimize flood damage and prepare, secure
approval and file an evacuation plan, indicating vehicular access
and escape routes, with the appropriate local emergency management
authorities.
(b)
In existing mobile home parks, as defined in § 310-2 of this chapter, all new homes with new pads, replacement units on existing pads, and substantially improved mobile/manufactured homes and recreational vehicles that remain on site in excess of 180 days, or are unlicensed or not ready for highway use and which are placed or improved on a site located in the regional floodplain, shall:
(c)
Outside of existing mobile home parks, including new mobile home parks, and all single units outside of existing parks, all new replacement and substantially improved mobile or manufactured homes and recreational vehicles that remain on site more than 180 days which are unlicensed or are not ready for highway use shall meet the residential development standards for the flood fringe in Subsection C(3) below.
(7)
Watercourse alterations. Prior to any alteration or relocation of
a watercourse and prior to the issuance of any land use permit which
may be required for the alteration or relocation of a watercourse,
the Zoning Administrator shall notify adjacent municipalities, the
appropriate district office of the Department and the appropriate
office of FEMA and shall require the applicant to secure all necessary state
and federal permits. The flood-carrying capacity within the altered
or relocated portion of any watercourse shall be maintained.
(8)
Floodproofing.
(a)
Where floodproofing measures are required, they shall be designed
to:
[1]
Withstand the flood pressures, depths, velocities, uplift and
impact forces and other factors associated with the regional flood;
[2]
Assure protection to the flood protection elevation;
[3]
Provide anchorage of structures to foundations to resist flotation
and lateral movement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[4]
Shall insure that the structural walls and floors are watertight
and completely dry without human intervention during flooding to the
flood protection elevation.
(b)
No permit or variance shall be issued until the applicant shall
submit a plan or document certified by a registered professional engineer
or architect that the floodproofing measures are adequately designed
to protect the structure or development to the flood protection elevation
for the particular area.
(c)
Floodproofing measures could include:
[1]
Reinforcement of walls and floors to resist rupture or collapse
caused by water pressure or floating debris.
[2]
Addition of mass or weight to structures to prevent flotation.
[3]
Placement of essential utilities above the flood protection
elevation.
[4]
Surface or subsurface drainage systems, including pumping facilities,
to relieve external foundation wall and basement floor pressures.
[5]
Construction of water supply wells and waste treatment systems
to prevent the entrance of floodwaters into such systems.
[6]
Cutoff valves on sewer lines and the elimination of gravity
flow basement drains.
(9)
Amendments.
(a)
When amendments are required, the procedures in § 310-7 of this chapter shall apply. Actions which require an amendment include, but are not limited to, the following:
[1]
Any change to the official floodplain map, including the floodway
line or boundary of the floodplain area.
[2]
Correction of significant discrepancies between the water surface
profiles and floodplain zoning maps.
[3]
Any fill in the floodplain 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.
[4]
Any fill or encroachment into the floodplain that will obstruct
flow or cause an increase of 0.01 foot or more in the height of the
regional-flood.
[5]
Any upgrading of this chapter required by Ch. NR 116, Wis. Adm.
Code, or otherwise required by law or by changes by the Village.
(b)
No amendment to the maps or text of this chapter shall become
effective until reviewed and approved by the Department.
(c)
All persons petitioning for a map amendment which involves an
obstruction to flow causing an increase in the height of the regional
flood of 0.01 foot or more shall obtain flooding easements, or other
appropriate legal arrangements, from all affected local units of government
and property owners before the Village may approve an amendment which
would result in such an increase to the regional flood elevation.
(d)
When considering amendments to the Official Floodplain Zoning Map in areas where no water surface profiles exist, the Plan Commission shall consider data submitted by the Department, the Zoning Administrator's visual on-site inspections and other available information [see Subsection A(3) above].
B.
FW Floodway District.
(1)
Applicability. The provisions of this subsection apply to all areas
mapped as "floodway" on the Official Floodplain Zoning Maps and to
those portions of the General Floodplain District determined to be
floodway.
(2)
Permitted uses. The following open space uses are allowed within the Floodway District and in the floodway portion of the General Floodplain District, provided that they are not prohibited by any other regulations, that the standards contained in Subsection B(3) below are met, and that all permits or certificates required under this chapter have been issued:
(a)
Agricultural uses, such as general farming, pasturing, outdoor
plant nurseries, horticulture, silviculture, 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)
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, target ranges, trap and
skeet ranges, hunting and fishing areas, and hiking and horseback
riding trails.
(f)
Functionally water-dependent uses, such as docks, piers or wharves,
including those 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 may be allowed
if all other necessary local, state and federal permits are secured,
including permits issued by the Department under Chs. 30 or 31, Wis.
Stats.
(3)
Standards for developments in floodway areas.
(a)
Any development in floodway areas shall:
[2]
Applicants shall provide the following data for the Zoning Administrator to determine the effects of the proposal according to Subsection A(5) above:
[3]
The Zoning Administrator shall deny the permit application where it is determined the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for Subsection B(3)(a)[2] above.
(b)
Only structures which are accessory to permitted open space
uses, or are essential for historical areas, or are functionally dependent
on a waterfront location may be allowed by permit, providing the structures
meet all of the following criteria:
[1]
The structures are not designed for human habitation.
[2]
The structures are constructed and placed on the building site
to cause less than 0.01 foot increase in flood height and offer minimum
obstruction to the flow of floodwaters. Structures shall be constructed
with the longitudinal axis parallel to the direction of flow of floodwaters
and approximately on the same line as those of adjoining structures.
[3]
The structures are firmly anchored to prevent them from floating
away and restricting bridge openings or other restricted sections
of the stream or river.
[4]
The structures have all service facilities, such as electrical
and heating equipment, at or above the flood protection elevation
for the particular area.
(c)
Public utilities, streets and bridges may be allowed by permit,
provided that:
[1]
Adequate floodproofing measures are provided to the flood protection
elevation.
(d)
Fills or deposition of materials may be allowed by permit, provided
that:
[2]
The fill or deposition of materials does not encroach on the
channel area between the ordinary high-water mark on each bank of
the stream unless a permit has been granted by the Department pursuant
to Ch. 30, Wis. Stats., and a permit pursuant to Sec. 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344
has been issued, if applicable, and the other requirements of this
subsection are met.
[3]
The fill or other materials will be protected against erosion
by riprap, vegetative cover, sheet piling or bulkheading sufficient
to prevent erosion.
[4]
Such fills are not associated with private or public solid waste
disposal.
(4)
Prohibited uses. All uses not listed as permitted uses in Subsection B(2) above are prohibited, in addition to the following uses which are always prohibited, in floodways and the floodway portions of the general floodplain:
(a)
The storage of any materials that are buoyant, flammable, explosive
or injurious to property; water quality; or human, animal, plant,
fish or other aquatic life.
(b)
Any uses which are not in harmony with, or which may be detrimental
to, the uses permitted in the adjoining districts.
(c)
All private or public on-site sewage disposal systems, except
portable latrines that are removed during flooding, and systems associated
with public recreational areas and Department-approved campgrounds,
that meet the applicable provisions of Ch. SPS 383, Wis. Adm. Code.
(d)
All wells, whether public or private, which are used to obtain
water for ultimate human consumption, except those for recreational
areas that meet the requirements of local ordinances and Wis. Adm.
Code Chs. NR 811 and 812.
(e)
All solid or hazardous waste disposal sites, whether public
or private.
(f)
All wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code.
(g)
All sanitary sewer or water lines, except those used to service
existing or proposed development outside of the floodway which complies
with the regulations for the floodplain area occupied.
C.
FF Flood Fringe District.
(1)
Applicability. The provisions of this subsection 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.
(2)
Permitted uses. 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 Subsection A above and Subsection C(3) below are met, that the use is not prohibited by any other ordinance or local, state or federal regulation and that all permits or certificates required under this chapter have been issued.
(3)
Standards for development in flood fringe areas. All of the provisions of Subsection A above shall apply in addition to the following requirements according to the use requested:
(a)
Residential uses. Any structure or building used for human habitation
which is to be erected, constructed, reconstructed, altered or moved
into the flood fringe area shall meet or exceed the following standards:
[1]
The lowest floor, excluding the basement or crawlway, shall be placed on fill at or above the flood protection elevation, which is a point two feet above the regional flood elevation, except where Subsection C(3)(a)[2] below is applicable. The fill elevation shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures where existing streets or sewer lines are at elevations which make compliance impractical, provided the Board of Zoning Appeals grants a variance due to dimensional restrictions.
[2]
The basement or crawlway floor may be placed at the regional
flood elevation, providing it is floodproofed to the flood protection
elevation. No permit or variance shall allow any floor, basement or
crawlway below the regional flood elevation.
[3]
Contiguous dry land access defined in § 310-2 of this chapter as a vehicular access route above regional flood elevation shall be provided from a structure or building to land which is outside the floodplain, except as provided in Subsection C(3)(a)[4] below.
[4]
In existing developments where existing streets or sewer lines are at elevations which make compliance with Subsection C(3)(a)[3] above impractical, the Village may permit new development and substantial improvements where access roads are at or below the regional flood elevation, provided:
[a]
The Village has written assurance from the appropriate
local units of police, fire and emergency services that rescue and
relief will be provided to the structures by wheeled vehicles, considering
the anticipated depth, duration and velocity of the regional flood
event; or
[b]
The Village has a DNR-approved emergency evacuation
plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Accessory structures or uses. An accessory structure or use, not connected to a principal structure, including nonresidential agricultural structures, shall meet all the applicable provisions of Subsection B(3)(a), (b) and (d) and Subsection C(3)(a)[4] above. A lesser degree of protection, compatible with these criteria and the criteria in Subsection C(3)(c) below, may be permissible for an accessory structure or use, provided that the site is not inundated to a depth greater than two feet or subjected to flood velocities greater than two feet per second during the regional flood.
(c)
Commercial uses. Any commercial structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood fringe area shall meet the requirements of Subsection C(3)(a) above. Storage yards, parking lots and other accessory land uses may be at lower elevations, subject to the requirements of Subsection C(3)(e) below. However, no such area in general use by the public shall be inundated to a depth greater than two feet or subjected to flood velocities greater than two feet per second during the regional flood. Inundation of such yards or parking areas to depths greater than two feet may be approved, provided an adequate warning system exists to protect life and property.
(d)
Manufacturing and industrial uses. Any manufacturing or industrial structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood fringe area shall be protected to the flood protection elevation utilizing fill, levees, floodwalls or other adequate floodproofing measures according to Subsection A(8) above, or any combination of these. On streams or rivers having prolonged flood durations, greater protection may be required to minimize interference with normal plant operations. A lesser degree of protection, compatible with the criteria in Subsection C(3)(c) above and Subsection C(3)(e) below may be permissible for storage yards, parking lots and other similar uses.
(e)
Storage or processing of materials. The storage or processing of materials that are buoyant, flammable, explosive or which, in times of flooding, could be injurious to human, animal or plant life shall be at or above the flood protection elevation for the particular area or floodproofed in compliance with Subsection A(8) above. Adequate measures shall be taken to assure that these materials will not enter the river or stream during flooding.
(f)
Public utilities, streets and bridges. Public utilities, streets
and bridges should be designed to be compatible with the local comprehensive
floodplain development plans, and:
[1]
When failure or interruption of public utilities, streets and bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed to the flood protection elevation in compliance with Subsection A(8) above.
[2]
Minor or auxiliary roads or non-essential utilities may be constructed
at lower elevations, providing they withstand flood forces to the
regional flood elevation.
(g)
Sewage systems, wells and solid waste sites.
[1]
All on-site sewage disposal systems shall be floodproofed to
the flood protection elevation and shall meet the applicable provisions
of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
[2]
All wells, whether public or private, shall be floodproofed
to the flood protection elevation and shall meet the applicable provisions
of Chs. NR 811 and 812, Wis. Adm. Code.
[3]
All solid or hazardous waste disposal sites, whether public
or private, are prohibited.
(h)
Deposition of materials. Deposition of materials for any purpose
may only be allowed if the provisions of this chapter are met.
D.
GFP General Floodplain District.
(1)
Applicability. The provisions for this district shall apply to all
floodplains for which regional flood data 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 District or the Floodway District, as appropriate.
(2)
Permitted uses. The General Floodplain District encompasses both floodway and flood fringe areas. Therefore, a determination shall be made pursuant to Subsection D(4) below to determine whether the proposed use is located within a floodway or flood fringe area. Those uses permitted in Subsection B above for floodways and Subsection C above for flood fringe areas are allowed within the General Floodplain District, according to the standards of Subsection D(3) below, provided that all permits or certificates required under this chapter have been issued.
(3)
Standards for development in the General Floodplain District. Once it is determined, according to Subsection D(4) below, that a proposed use is located within a floodway, the provisions of Subsection B above shall apply. Once determined that the proposed use is located within the flood fringe, the provisions of Subsection C above shall apply. All provisions of the remainder of this chapter apply to either district.
(4)
Determining floodway and flood fringe limits. 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 D(4)(a) and (b) above to the Department along with a written request to have that agency provide technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of § 310-6B(2)(c) of this chapter apply, the applicant shall provide all required information and computations.
A.
General provisions. The lawful use of a building, structure or property
which existed at the time this chapter, or an applicable amendment
to this chapter, took effect and which is not in conformity with the
provisions of this chapter, including the routine maintenance of such
a building or structure, may be continued, subject to the following
conditions:
(1)
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, any future use of the building,
structure or property shall conform to the appropriate provisions
of this chapter.
(2)
Any legal nonconforming use of property, which does not involve the
use of a structure and which existed at the time of the adoption or
subsequent amendment of this chapter, adopted under § 61.351,
Wis. Stats., may be continued although such use does not conform with
the provisions of this chapter. However, such nonconforming use may
not be extended or increased.
(3)
The maintenance and repair of nonconforming boathouses which are
located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.01, Wis. Stats.
(4)
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
B.
Shoreland-wetlands. Notwithstanding § 62.23(7)(h), Wis.
Stats., the repair, reconstruction, renovation, remodeling or expansion
of a legal nonconforming structure in existence at the time of adoption
or subsequent amendment of this chapter adopted under § 61.351,
Wis. Stats., or of an environmental control facility in existence
on May 7, 1982, related to that structure, is permitted under § 61.351(5),
Wis. Stats. Section 62.23(7)(h), Wis. Stats., applies to any environmental
control facility that was not in existence on May 7, 1982, but was
in existence on the effective date of this chapter or amendment.
C.
Floodplains, general provisions.
(1)
No modifications or additions to a nonconforming use or a nonconforming
structure shall be permitted unless they are made in conformity with
the provisions of this chapter for the area of the floodplain it occupies.
For the purpose of this subsection, the words "modification" and "addition"
shall include, but not be limited to, any alteration, addition, modification,
structural repair, rebuilding or replacement of any such existing
use, structure or accessory structure or use. Ordinary maintenance
repairs are not considered modifications or additions; such ordinary
maintenance repairs include internal and external painting, decorating,
paneling and the replacement of doors, windows and other nonstructural
components; and the maintenance, repair or replacement of existing
private sewage or water supply systems, or connections to public utilities.
(2)
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed 50% of its present 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 and contiguous dry land access is provided in compliance with § 310-4C(3)(a) of this chapter.
(3)
As requests are received for modifications or additions to nonconforming
uses or nonconforming structures in the floodplain, a record shall
be kept which lists the nonconforming uses and nonconforming structures,
their present assessed value, and the cost of those additions or modifications
which have been permitted.
(4)
If any nonconforming structure or any structure with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the provisions of § 310-4B are met. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would exceed 50% of the present assessed value of the structure.
(5)
Pursuant
to § 62.23(7)(hc), Wis. Stats., and notwithstanding any
other provision of this chapter, a nonconforming structure damaged
or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold
or infestation after March 2, 2006, may be restored to, or replaced
at, the size, location, and use that it had immediately before the
damage or destruction occurred, and no limits may be imposed on the
costs of the repair, reconstruction, or improvement of said structure.
The size of the structure may be larger than the size it was immediately
before the damage or destruction if necessary for the structure to
comply with applicable state or federal requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
D.
Floodway areas.
(1)
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in a floodway
area unless such modification or addition:
(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 a floodway area. Any replacement, repair or maintenance
of an existing on-site sewage disposal system in a floodway area shall
meet the applicable requirements of all local ordinances and Ch. SPS
383, Wis. Adm. Code.
(3)
No new well or modification to an existing well, used to obtain water
for ultimate human consumption, shall be allowed in a floodway area.
Any replacement, repair or maintenance of an existing well in a floodway
area shall meet the applicable requirements of this chapter and Wis.
Adm. Code Chs. NR 811 and 812.
E.
Flood fringe areas.
(1)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the flood fringe area unless such modification or addition has been granted a permit or variance and, except where Subsection E(2) below is applicable, the modification or addition is placed on fill or is floodproofed to the flood protection elevation in compliance with the applicable regulations for that particular use in a flood fringe area in § 310-4C of this chapter.
(2)
Where compliance with the provisions of Subsection E(1) above 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 Zoning Appeals, using the procedures established in § 310-6E and F of this chapter may grant a variance from those provisions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted, provided:
(a)
No floor is below regional flood elevation.
(b)
Human lives are not endangered.
(c)
Public facilities, such as water or sewer are not to be installed.
(d)
Flood depths will not exceed two feet.
(e)
Flood velocities will not exceed two feet per second.
(f)
The structure will not be used for storage of materials that
are buoyant, flammable, explosive or injurious to human, animal, plant,
fish or other aquatic life.
(3)
An addition to an existing room in a nonconforming building or a
building with a nonconforming use may be allowed in a flood fringe
area on a one-time basis only, if the addition:
(4)
All new on-site sewage disposal systems, or addition to, replacement,
repair or maintenance of an on-site sewage disposal system in a flood
fringe area shall meet all the applicable provisions of all local
ordinances and Ch. SPS 383, Wis. Adm. Code.
(5)
All new wells, or addition to, replacement, repair or maintenance
of a well in a flood fringe area, shall meet the applicable provisions
of this chapter and Wis. Adm. Code Chs. NR 811 and 812.
A.
Zoning Administrator. The Zoning Administrator shall have the following
duties and powers:
(1)
Advise applicants as to the provisions of this chapter, assist them
in preparing permit applications and appeal forms, and ensure that
the regional flood elevation is shown on permit applications where
appropriate.
(2)
Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
(3)
Keep records of all official actions, such as:
(a)
All permits issued.
(b)
Inspections made.
(c)
Work approved.
(d)
Documentation of certified lowest floor and regional flood elevations
for floodplain development.
(e)
Records of water surface profiles, Floodplain Zoning Maps and
ordinances, nonconforming uses and structures, including changes,
appeals, variances and amendments.
(4)
Have access to any structure or premises between the hours of 8:00
a.m. and 6:00 p.m. for the purpose of performing these duties.
(5)
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation, and map or text amendments
within 10 days after they are granted or denied to the appropriate
district office of the Department.
(6)
Investigate and report violations of this chapter to the Plan Commission
and the Village Attorney.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
Submit copies of floodplain text amendments and biennial reports
to the regional FEMA office.
B.
Building/zoning permits.
(1)
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a building or zoning permit shall be obtained from the Zoning Administrator before any development, as defined in § 310-2 of this chapter, including any change in the use of an existing building or structure, is initiated.
(2)
Application. An application for a permit shall be made to the Zoning
Administrator upon forms furnished and shall include the following
information for the purpose of proper enforcement of these regulations:
(b)
Site development plan. The site development plan shall be drawn
to scale and submitted as a part of the permit application form and
shall contain the following information:
[1]
Location, dimensions, area and elevation of the lot noted on
a copy of the Wetland Inventory Map, if applicable.
[2]
Location and boundaries of wetlands.
[3]
Specifications and dimensions for areas of proposed wetland
alteration.
[4]
Location of the ordinary high-water mark of any abutting navigable
waterways.
[5]
Existing and proposed topographic and drainage features and
vegetative cover.
[6]
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways.
[7]
Location of any existing or proposed on-site sewage systems
or private water supply systems.
[8]
Location and elevation of existing or future access roads.
[9]
Location of floodplain and floodway limits on the property as
determined from Floodplain Zoning Maps used to delineate floodplain
areas.
[10]
The elevation of the lowest floor of proposed buildings using
National Geodetic and Vertical Datum (NGVD).
(c)
Data requirements to analyze developments.
[1]
The applicant shall provide all computations required to show
the effects of the project on flood heights, velocities and floodplain
storage, for all subdivision proposals, as "subdivision" is defined
in § 236.02(12), Wis. Stats., and other proposed developments
exceeding five acres in area or where the estimated cost exceeds $125,000.
[2]
The Department shall determine elevations and evaluate the proposal where the applicant is not required to provide computations as above and inadequate data exists. The Village may transmit additional information such as the data in § 310-4D(4) of this chapter, where appropriate, to the Department with the request for analysis.
(3)
Expiration. All permits issued under the authority of this chapter
shall expire one year from the date of issuance.
C.
Certificates of compliance.
(1)
Except where no building, zoning or conditional use permit is required,
no land shall be occupied or used, and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied, until a certificate of compliance is issued by the Zoning
Administrator, 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)
The certificate of compliance shall be issued within 10 days
after notification of completion of the work specified in the permit,
providing the building or premises or proposed use conforms with all
the provisions of this chapter.
(d)
For floodplain development, the applicant shall submit a certification
signed by a registered professional engineer or licensed land surveyor
that the fill and lowest floor elevations are in compliance with the
permit issued, including any required floodproofing. Floodproofing
adequacy may also be certified by a registered professional architect.
(2)
The Zoning Administrator may issue a temporary certificate of compliance
for a building, premises or part thereof according to rules and regulations
established by the Village.
(3)
Upon written request from the owner, the Zoning Administrator shall
issue a certificate of compliance for any building or premises existing
at the time of adoption of this chapter, certifying, after inspection,
the extent and type of use made of the building or premises and whether
or not such use conforms to the provisions of this chapter.
E.
Board of Zoning Appeals.
(2)
Powers and duties. The Board of Zoning Appeals shall:
(a)
Appeals. Hear and decide appeals where it is alleged there is
error in any order, requirement, decision or determination made by
an administrative official in the enforcement or administration of
this chapter.
(b)
Conditional uses. Hear and decide applications for any conditional
use permits required by this chapter.
(3)
Appeals to the Board. Appeals to the Board of Zoning Appeals may
be taken by any person aggrieved or by an officer, department, board
or bureau of the community affected by any order, requirement, decision,
or determination of the official whose decision is in question. Such
appeals shall be taken within a reasonable time, as provided by the
rules of the Board, by filing with the official whose decision is
in question and with the Board of Zoning Appeals a notice of appeal
specifying the reasons for the appeal. The official whose decision
is in question shall transmit to the Board all the documents constituting
the record concerning the matter appealed.
(4)
Hearing appeals and applications for variances and conditional use
permits.
(a)
Notice and hearing. The Board of Zoning Appeals shall fix a
reasonable time for a hearing on the appeal or application. The Board
shall give public notice by publishing a Class 1 notice under Ch.
985, Wis. Stats., specifying the date, time and place of the hearing
and the matters to come before the Board. Notice shall be mailed to
the parties in interest. Written notice shall be given to the appropriate
district office of the Department at least 10 days prior to hearings
on proposed variances, conditional uses and appeals for map or text
interpretations. At the public hearing, any party may appear in person
or by agent or attorney.
(b)
Decision. A decision regarding the appeal or application shall
be made as soon as practical. Copies of all decisions on variances,
conditional uses and appeals for map or text interpretations shall
be submitted to the appropriate district office of the Department
within 10 days after they are granted or denied. The final disposition
of an appeal or application to the Board of Zoning Appeals shall be
in the form of a written resolution or order signed by the Chairperson
and Secretary of the Board. Such resolution shall state the specific
facts which are the basis of the Board's determination and shall
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 prosecution, or grant the application.
(5)
Boundary disputes. The following procedure shall be used by the Board
of Zoning Appeals in hearing disputes concerning the district boundaries
shown on the Official Floodplain Zoning Map:
(a)
Where a floodplain district boundary is established by approximate
or detailed floodplain studies, the regional flood elevations or profiles
for the point in question shall be the governing factor in locating
the district boundary. If no regional flood elevations or profiles
are available to the Board, other available evidence may be examined.
(b)
In all cases, the person contesting the location of the district
boundary shall be given a reasonable opportunity to present arguments
and technical evidence to the Board.
(c)
Where it is determined that the district boundary is incorrectly
mapped, the Board should either inform the Plan Commission to petition
the Village or inform the person contesting the location of the boundary
to petition the Village for a map amendment.
F.
Variances.
(1)
The Board of Zoning Appeals may, upon appeal, grant a variance from
the dimensional standards of this chapter where an applicant convincingly
demonstrates that:
(a)
Literal enforcement of the provisions of the chapter will result
in unnecessary hardship on the applicant.
(b)
The hardship is due to special conditions unique to the property
and not common to a group of adjacent lots or premises, in which case
this chapter or the Zoning Map must be amended.
(c)
Such variance is not contrary to the public interest.
(2)
A variance shall not:
(a)
Allow development below the regional flood elevation.
(b)
Grant or increase any use of property prohibited in the zoning
district.
(c)
Be granted for a hardship based solely on an economic gain or
loss.
(d)
Be granted for a hardship that is self-created.
(e)
Damage the rights or property values of other persons in the
area.
(3)
When a variance is granted in a floodplain area, the applicant shall
be notified, in writing, by the Board of Zoning Appeals that increased
flood insurance premiums may result. A copy of this notification shall
be maintained with the variance appeal record.
G.
Conditional use permits.
(1)
Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Board of Zoning Appeals, following the procedures in Subsection E(4) above. To secure information upon which to base its determination, the Board of Zoning Appeals may require the applicant to furnish, in addition to the information required for a building/zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
(2)
Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in this chapter, the Board of Zoning Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 310-1C of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion protection measures; increased side yard setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.
H.
Review of appeals of permit denials.
(1)
The Board of Zoning Appeals shall review all data constituting the
basis for the appeal of permit denial. This data may include, where
appropriate:
(c)
Data listed in § 310-4B(3)(a) of this chapter where the applicant has not submitted this information to the Zoning Administrator.
(d)
Other data submitted to the Zoning Administrator with the permit
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 equal to or greater than
0.01 foot may only be allowed after amending the flood profile and
map and any appropriate legal arrangements are made with all adversely
affected property owners.
(b)
Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase equal to
or greater than 0.01 foot, provided no other reasons for denial exist.
I.
Public information.
(1)
Where useful, marks on bridges or buildings or other markers may
be set to show the depth of inundation during the regional flood at
appropriate locations within the floodplain.
(2)
All available information in the form of maps, engineering data and
regulations shall be readily available and should be widely distributed.
(3)
All legal descriptions of property in the floodplain should include
information designating the floodplain zoning classification when
such property is transferred.
The Village Board may supplement or change the district boundaries
and the regulations contained in this chapter according to § 62.23(7)(d)2.,
Wis. Stats., Chs. NR 116 and 117, Wis. Adm. Code, and the following:
B.
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of the submission of the proposed amendment to the Plan Commission.
C.
All proposed text and map amendments shall be referred to the Plan Commission, and a public hearing shall be held as required by § 62.23(7)(d)2., Wis. Stats., following publication of a Class 2 notice as defined in § 310-2 of this chapter. The appropriate district office of the Department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.
D.
A copy of the decision on each amendment shall be provided to the
Department district office within 10 days of the decision.
Any development, as defined in § 310-2 of this chapter, or use established after the effective date of this chapter in violation of this chapter by any person shall be deemed a violation. The Zoning Administrator shall refer violations to the Plan Commission and the Village Attorney, who shall prosecute such violations. Any person who violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture of not less than $25 nor more than $200 per offense, together with the taxable costs 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 thereof may be enjoined and the maintenance thereof may be abated at suit of the Village, the state or any citizen thereof, pursuant to § 87.30(2), Wis. Stats.
