City of Onalaska, WI Division 4 Natural and Historic Resource Protection Overlay Districts

13.02.41 Floodplain Protection Overlay District.

A. Statutory authorization. This section is adopted pursuant to the authorization in §§ 61.35 and 62.23, for villages and cities; §§ 59.69, 59.692, and 59.694 for counties; and the requirements in § 87.30, Wis. Stats.

B. Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

C. Statement of purpose. This section is intended to regulate floodplain development to:

1. Protect life, health and property;

2. Minimize expenditures of public funds for flood control projects;

3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

4. Minimize business interruptions and other economic disruptions;

5. Minimize damage to public facilities in the floodplain;

6. Minimize the occurrence of future flood blight areas in the floodplain;

7. Discourage the victimization of unwary land- and homebuyers;

8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

D. Title. This section shall be known as the "Floodplain Zoning Ordinance for Onalaska, Wisconsin."

E. General provisions.

1. Areas to be regulated. This section regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.

2. Official Maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see Subsection L, Amendments) before it is effective. No changes to RFEs on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the Engineering Department at the City of Onalaska. If more than one map or revision is referenced, the most restrictive information shall apply.

a. Official Maps. Based on the FIS:

i. Flood Insurance Rate Map (FIRM), panel numbers (0144, 0161, 0162, 0163, 0164, 0169, 0251, 0252, 0256, 0257), dated January 6, 2012, as approved by the WDNR and FEMA.

b. Official Maps. Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development. The City will retain copies of any additional maps as needed, including but not limited to dam failure analyses and Letter of Map Revisions as they occur.

3. Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts, as follows:

a. The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.

b. The Flood-Fringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.

c. The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO Zones on the FIRM.

4. Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria below. If a significant difference exists, the map shall be amended according to Subsection L. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a site plan permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Subsection K.3.c and the criteria in Subsection E.4.a. and b. below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Subsection L.

a. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

b. Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.

5. Removal of lands from floodplain. Compliance with the provisions of this section shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Subsection L.

6. Compliance. Any development or use within the areas regulated by this section shall be in compliance with the terms of this section, and other applicable local, state, and federal regulations.

7. Abrogation and greater restrictions. This division supersedes all other provisions of Title 13 as it relates to floodplain.

8. Interpretation. In their interpretation and application, the provisions of this section are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this section, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.

9. Warning and disclaimer of liability. The flood protection standards in this section are based on engineering experience and research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This section does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. This section does not create liability on the part of, or a cause of action against, the City or any officer or employee thereof for any flood damage that may result from reliance on this section.

10. Annexed areas for cities and villages. The La Crosse County Floodplain Zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the City for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code, and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's Official Zoning Map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the City of Onalaska Engineering Department. All plats or maps of annexation shall show the regional flood elevation and the floodway location.

F. General standards applicable to all floodplain districts.

1. The City shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.

2. Standards for development. All of the provisions listed below shall apply in addition to the other requirements of this section.

a. Any structure or building used for human habitation or use, which is to be erected, constructed, reconstructed, altered or moved into the flood zone areas, shall meet or exceed the following standards:

i. The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation [which is a point two feet above the Regional Flood Elevation (RFE)] except where Subsection F.2.a.ii. below is applicable. The fill elevation shall be one foot or more above the RFE extending at least 15 feet beyond the limits of the structure. Applicable City staff may authorize other floodproofing 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.

ii. The basement or crawlway floor may be placed at the RFE, providing it is floodproffed to the flood protection elevation. No permit or variance shall any floor, basement, or crawlway below the RFE.

3. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this section and all other requirements in Subsection K.1. Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.

4. Hydraulic and hydrologic analysis.

a. No floodplain development shall:

i. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

ii. Cause any increase in the regional flood height due to floodplain storage area lost.

b. The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection L are met.

5. Watercourse alterations.

a. No site plan permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of Subsection F.3 must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained.

b. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Subsection L, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

6. Chapter 30, 31, Wis. Stats., development. Development which requires a permit from the Department, under Ch. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the Floodplain Zoning Ordinance are made according to Subsection L.

7. Public or private campgrounds. No public or private campgrounds shall be allowed within the floodplain district.

8. Flooded agriculture. No flooded agriculture shall be located within municipal limits.

G. Floodway District (FW).

1. Applicability. This section applies to all floodway areas on the floodplain Zoning Maps and those identified pursuant to Subsection I.4.

2. Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited by any other ordinance, they meet the standards in Subsection G.3. and 4., and all permits or certificates have been issued according to Subsection K.1.

a. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

b. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

c. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Subsection G.3.d.

d. Uses or structures accessory to open space uses, or classified as historic structures that comply with Subsection G.3. and 4.

e. Extraction of sand, gravel or other materials that comply with Subsection G.3.d.

f. Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Ch. 30 and 31, Wis. Stats.

g. Public utilities, streets and bridges that comply with Subsection G.3.c.

3. Standards for developments in floodway.

a. General.

i. Any development in the floodway shall comply with Subsection F and have a low flood damage potential.

ii. Applicants shall provide the following data to determine the effects of the proposal according to Subsection F.3 and Subsection K.1.c:

1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

2. An analysis calculating the effects of this proposal on regional flood height.

iii. The Zoning Administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for Subsection G.3.a.ii above.

b. Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location, may be allowed by permit if the structures comply with the following criteria:

i. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;

ii. Shall either have the lowest floor elevated to or above the flood protection elevation shall meet all the following standards:

1. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;

2. Have structural components capable of meeting all provisions of Subsection G.3.b.vii; and

3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Subsection G.3.b.vii.

iii. Must be anchored to resist flotation, collapse, and lateral movement;

iv. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and

v. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

vi. For a structure designed to allow the automatic entry of floodwaters below the regional flood elevation, the applicant shall submit a plan that meets or exceeds the following standards:

1. The lowest floor must be elevated to or above the flood protection elevation;

2. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

3. The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; otherwise, must remain open.

vii. Certification. Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:

1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;

2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Subsection G.4.d and e.

3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;

4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and

5. Placement of utilities above the flood protection elevation.

c. Public utilities, streets, and bridges. Public utilities, streets and bridges may be allowed by permit, if:

i. Adequate floodproofing measures are provided to the flood protection elevation; and

ii. Construction meets the development standards of Subsection F.3.

d. Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

i. The requirements of Subsection F.3 are met;

ii. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344, has been issued, if applicable, and all other requirements have been met;

iii. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

iv. The fill is not classified as a solid or hazardous material.

4. Prohibited uses. All uses not listed as permitted uses in Subsection G.2 are prohibited, including the following uses:

a. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;

b. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

c. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

d. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;

e. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;

f. Any solid or hazardous waste disposal sites;

g. Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code; and

h. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

H. Flood-Fringe District (FF).

1. Applicability. This section applies to all flood-fringe areas shown on the floodplain Zoning Maps and those identified pursuant to Subsection I.4.

2. Permitted uses. Any structure, land use, or development is allowed in the Flood-Fringe District if the standards in Subsection H.3 below are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Subsection K.1 have been issued.

3. Standards for development in the flood fringe. Subsection F.3 shall apply in addition to the following requirements according to the use requested. Any existing structure in the flood fringe must meet the requirements of Subsection J, Nonconforming uses;

a. Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the flood fringe, shall meet or exceed the following standards. Any existing structure in the flood fringe must meet the requirements of Subsection J.

i. The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of Subsection H.3.a.ii can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.

ii. The basement or crawlway floor may be placed at or below the regional flood elevation if it is dry floodproofed to the flood protection elevation.

iii. Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection H.3.a.iv below.

iv. In developments where existing street or sewer line elevations make compliance with Subsection H.3.a.iii above impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:

1. The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

2. The municipality has a DNR-approved emergency evacuation plan.

b. Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

c. Commercial uses. Any commercial structure which is erected, altered or moved into the flood fringe shall meet the requirements of Subsection H.3.a. Subject to the requirements of Subsection H.3.e, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

d. Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood fringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Subsection K.5. Subject to the requirements of Subsection H.3.e, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

e. Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Subsection K.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

f. Public utilities, streets, and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:

i. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with Subsection K.5.

ii. Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

g. Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Subsection K.5.c, to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.

h. Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to Subsection K.5.c, to the flood protection elevation and shall meet the provisions of Ch. NR 811 and NR 812, Wis. Adm. Code.

i. Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in flood-fringe areas.

j. Deposition of materials. Any deposited material must meet all the provisions of this section.

k. Manufactured homes. No manufactured homes shall be allowed in the flood-fringe areas.

l. Mobile recreational vehicles. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the following elevation and anchoring requirements:

i. Have the lowest floor elevated to the flood protection elevation; and

ii. Be anchored so they do not float, collapse or move laterally during a flood.

iii. Meet the residential development standards for the flood fringe in Subsection H.3.a.

I. General Floodplain District (GFP).

1. Applicability. The provisions for this district shall apply to all floodplains mapped as A, AO or AH Zones.

2. Permitted uses.

a. Pursuant to Subsection I.4, it shall be determined whether the proposed use is located within the floodway or flood fringe.

b. Those uses permitted in the Floodway (Subsection G.2) and Flood-Fringe (Subsection H.2) Districts are allowed within the General Floodplain District, according to the standards of Subsection I.3, provided that all permits or certificates required under Subsection K.1 have been issued.

3. Standards for development in the General Floodplain District. Subsection G applies to floodway areas, Subsection H applies to flood-fringe areas. The rest of this section applies to either district.

a. In AO/AH Zones, the structure's lowest floor must meet one of the conditions listed below, whichever is higher:

i. At or above the flood protection elevation;

ii. Two feet above the highest adjacent grade around the structure; or

iii. The depth as shown on the FIRM.

b. In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.

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 two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures; and the flood zone as shown on the FIRM.

b. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.

i. A hydrologic and hydraulic study.

ii. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;

iii. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

J. Nonconforming uses.

1. General.

a. Applicability. If these standards conform with § 87.30, Wis. Stats. and Ch. NR 116.15, Wis. Adm. Code and 44 CFR 59-72, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this section or any amendment thereto.

b. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this section may continue, subject to the following conditions:

i. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this section. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance;

ii. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure;

iii. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this section;

iv. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;

v. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection H.3.a. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection;

vi. No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection H.3.a;

vii. If on a per-event basis the total value of the work being done under Subsection J.1.b.v and vi above equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection H.3.a;

viii. Except as provided in Subsection J.1.b.ix below, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value; and

ix. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.

1. Residential structures.

a) Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of Subsection K.5.b.

b) Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.

c) Shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

d) In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.

e) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Subsection I.3.a.

f) In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

2. Nonresidential structures.

a) Shall meet the requirements of Subsection J.1.b.ix.1.

b) Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in Subsection K.5.a or b.

c) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Subsection I.3.a.

d) A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with Subsection G.3.a, flood-resistant materials are used, and construction practices and floodproofing methods that comply with Subsection K.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection J.1.b.ix.1.a) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.

2. Floodway District.

a. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:

i. Has been granted a permit or variance which meets all ordinance requirements;

ii. Meets the requirements of Subsection J.1;

iii. Shall not increase the obstruction to flood flows or regional flood height;

iv. Any addition to the existing structure shall be floodproofed, pursuant to Subsection K.5, by means other than the use of fill, to the flood protection elevation; and

v. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

4. The use must be limited to parking, building access or limited storage.

b. No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, Subsection K.5.c and Ch. SPS 383, Wis. Adm. Code; and

c. No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, Subsection K.5.c and Chs. NR 811 and NR 812, Wis. Adm. Code.

3. Flood-Fringe District.

a. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of Subsection H.3, except where Subsection J.3.b is applicable.

b. Where compliance with the provisions of Subsection J.3.a 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 Subsection K.3, may grant a variance from those provisions of Subsection J.3.a. above for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

i. No floor is allowed below the regional flood elevation for residential or commercial structures;

ii. Human lives are not endangered;

iii. Public facilities, such as water or sewer, shall not be installed;

iv. Flood depths shall not exceed two feet;

v. Flood velocities shall not exceed two feet per second; and

vi. The structure shall not be used for storage of materials as described in Subsection H.3.e.

c. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, Subsection K.5.c and Ch. SPS 383, Wis. Adm. Code.

d. All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this section, Subsection K.5. and Chs. NR 811 and NR 812, Wis. Adm. Code.

K. Administration. Where a Zoning Administrator, planning agency or a Board of Zoning Appeals has already been appointed to administer a Zoning Ordinance adopted under § 59.69, 59.692 or 62.23(7), Wis Stats., these officials shall also administer this section.

1. Zoning Administrator.

a. Duties and powers. The Zoning Administrator is authorized to administer this section and shall have the following duties and powers:

i. Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

ii. Issue permits and inspect properties for compliance with provisions of this section and issue certificates of compliance where appropriate.

iii. Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.

iv. Keep records of all official actions, such as:

1. All permits issued, inspections made, and work approved;

2. Documentation of certified lowest floor and regional flood elevations;

3. Floodproofing certificates;

4. Water surface profiles, Floodplain Zoning Maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments;

5. All substantial damage assessment reports for floodplain structures; and

6. List of nonconforming structures and uses.

v. Submit copies of the following items to the Department Regional office:

1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;

2. Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken; and

3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.

vi. Investigate, prepare reports, and report violations of this section to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.

vii. Submit copies of amendments to the FEMA Regional office.

b. Site plan permit. A site plan permit shall be obtained before any new development; repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.

c. Other permits. Prior to obtaining a floodplain development permit, the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.

2. Zoning agency.

a. The Plan Commission shall:

i. Oversee the functions of the office of the Zoning Administrator; and

ii. Review and advise the governing body on all proposed amendments to this section, maps and text.

b. The Plan Commission shall not:

i. Grant variances to the terms of the ordinance in place of action by the Board of Zoning Appeals; or

ii. Amend the text or Zoning Maps in place of official action by the governing body.

3. Board of Zoning Appeals. The Board of Zoning Appeals, created under § 62.23(7)(e), Wis. Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this section. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall not be the secretary of the Board.

a. Powers and duties. The Board of Zoning Appeals shall:

i. Appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this section;

ii. Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain Zoning Map; and

iii. Variances. Hear and decide, upon appeal, variances from the ordinance standards.

b. Appeals to the Board.

i. Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed.

ii. Notice and hearing for appeals, including variances.

1. Notice. The Board shall:

a) Fix a reasonable time for the hearing;

b) Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and

c) Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.

2. Hearing. Any party may appear in person or by agent. The Board shall:

a) Resolve boundary disputes according to Subsection K.3.c;

b) Decide variance applications according to Subsection K.3.d; and

c) Decide appeals of permit denials according to Subsection K.4.

3. Decision. The final decision regarding the appeal or variance application shall:

a) Be made within a reasonable time;

b) Be sent to the Department Regional office within 10 days of the decision;

c) Be a written determination signed by the Chairman or secretary of the Board;

d) State the specific facts which are the basis for the Board's decision;

e) Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and

f) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.

c. Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:

i. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined;

ii. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and

iii. If the boundary is incorrectly mapped, the Board should inform the Plan Commission or the person contesting the boundary location to petition the governing body for a map amendment according to Subsection L.

d. Variance.

i. The Board may, upon appeal, grant a variance from the standards of this section if an applicant convincingly demonstrates that:

1. Literal enforcement of the ordinance will cause unnecessary hardship;

2. The hardship is due to adoption of the floodplain ordinance and unique property conditions not common to adjacent lots or premises. In such case, the ordinance or map must be amended;

3. The variance is not contrary to the public interest; and

4. The variance is consistent with the purpose of this section in Subsection C.

ii. In addition to the criteria in Subsection K.3.d.I above, to qualify for a variance under FEMA regulations, the following criteria must be met:

1. The variance shall not cause any increase in the regional flood elevation;

2. Variances can only be granted for lots that are less than 1/2 acre and are contiguous to existing structures constructed below the RFE; and

3. Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of this section.

iii. A variance shall not:

1. Grant, extend or increase any use prohibited in the zoning district;

2. Be granted for a hardship based solely on an economic gain or loss;

3. Be granted for a hardship which is self-created;

4. Damage the rights or property values of other persons in the area;

5. Allow actions without the amendments to this section or map(s) required in Subsection L; and

6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

iv. When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25 per $100 of coverage. A copy shall be maintained with the variance record.

4. To review appeals of permit denials.

a. The Board shall review all data related to the appeal. This may include:

i. Permit application data listed in Subsection K.1.b;

ii. Floodway/flood-fringe determination data in Subsection I.4;

iii. Data listed in Subsection G.3.a.ii where the applicant has not submitted this information to the Zoning Administrator; and

iv. Other data submitted with the application, or submitted to the Board with the appeal.

b. For appeals of all denied permits, the Board shall:

i. Follow the procedures of Subsection K.3;

ii. Consider Plan Commission recommendations; and

iii. Either uphold the denial or grant the appeal.

c. For appeals concerning increases in regional flood elevation, the Board shall:

i. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Subsection L; and

ii. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.

5. Floodproofing standards for nonconforming structures or uses.

a. No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA floodproofing certificate.

b. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

i. Certified by a registered professional engineer or architect; or

ii. Meets or exceeds the following standards:

1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade; and

3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

c. Floodproofing measures shall be designed, as appropriate, to:

i. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

ii. Protect structures to the flood protection elevation;

iii. Anchor structures to foundations to resist flotation and lateral movement;

iv. Minimize or eliminate infiltration of floodwaters; and

v. Minimize or eliminate discharges into floodwaters.

6. Public information.

a. Place marks on structures to show the depth of inundation during the regional flood.

b. All maps, engineering data and regulations shall be available and widely distributed.

c. Real estate transfers should show what floodplain district any real property is in.

L. Amendments. Obstructions or increases may only be permitted if amendments are made to this section, the official floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection L.3 below.

1. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this section, the official floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection L.3. Any such alterations must be reviewed and approved by FEMA and the DNR.

2. In A Zones, increases equal to or greater than one foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this section, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection L.3.

3. General. The governing body shall change or supplement the floodplain zoning district boundaries and this section in the manner outlined in Subsection L.4 below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:

a. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;

b. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;

c. Any changes to any other officially adopted floodplain maps listed in Subsection E.2.b;

d. Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;

e. Correction of discrepancies between the water surface profiles and floodplain maps;

f. Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and

g. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood fringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

4. Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of § 62.23, Wis. Stats. The petitions shall include all data required by Subsections I.4 and K.1. The site plan permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.

a. The proposed amendment shall be referred to the Plan Commission for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 62.23, Wis. Stats.

b. No amendments shall become effective until reviewed and approved by the Department.

c. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

M. Enforcement and penalties. Any violation of the provisions of this section by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this section is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30, Wis. Stats.

N. Definitions. See Section 13.06.14.

13.02.42 Bluffland Protection Overlay District.

A. Purpose.

1. The protection of visual, aesthetic, and ecological qualities of City bluffs and blufflands are identified within the City of Onalaska Comprehensive Plan. This section is hereby adopted to implement the Comprehensive Plan and to achieve the following public purposes:

a. To minimize, to the greatest extent feasible, the visual, functional, and ecological impacts of land-disturbing activities of bluffs and blufflands, while also recognizing the legitimate expectations of property owners, and overall City economic development goals.

b. To promote the retention and improvement of those ecological and vegetative qualities which serve to stabilize steep slopes and ridgelines.

c. To protect persons, property, and property values from impacts characteristic of development occurring within, and in close proximity to bluffs. Such impacts include rock falls, rolling boulders, subsidence, and those associated with unstable soils, as erosion and sedimentation.

d. To minimize public costs which may be associated with the development of bluff faces and ridgelines.

B. Establishment. The Bluffland Protection Overlay District shall encompass all land within the City of Onalaska that is above 700 feet in elevation and has a slope greater than 30% and shall include a ten-foot buffer surrounding all areas with a minimum 30% slope. For reference, the limits of Bluffland Protection Overlay District shall be shown on the official City of Onalaska Overlay Zoning Map. Said limits may, in accordance with applicable law, be modified to reflect updated data sources, and newly annexed lands into the City. As appropriate, specific district limits shall be verified on a site-by-site basis.

C. Jurisdiction. The provisions of this section shall apply to the use and development of all land located within the Bluffland Protection Overlay District, as defined pursuant to this section. In cases where standards of this section conflict with any other adopted standard of the City, the more restrictive standard shall apply.

D. Erosion control permit required.

1. No person shall commence any land disturbance activity without first securing an erosion control permit.

2. In determining the need for such a permit, any person proposing to initiate any land disturbance activity, on a parcel of land including an overlay district designation, shall define specific Bluffland Protection Overlay District limits for the parcel based on an elevation over 700 feet and a slope greater than 30%. In all cases, information shall be reviewed and approved by the City Engineer.

E. Exemptions. The following activities may be permitted within the Bluffland Protection Overlay District if preceded by the approval of an erosion control permit:

1. Selective silvicultural crop harvesting, thinning, or removal activities.

2. Construction of recreation trails, paths, and stairs.

3. Native vegetation restoration projects, and the control and removal of invasive plant species, and noxious weeds (by mechanical means).

4. The construction of publicly owned infrastructure such as utilities, water reservoirs, streets, stormwater retention facilities, etc.

5. Construction of access roads (driveways) or installation of utilities to building sites of less than 30% slope or where slopes 30% and greater are less than 4,000 noncontiguous square feet.

F. Standards. The following standards shall apply to any land disturbance activity that does not meet the criteria of Subsection E above.

1. All structures shall be set back a minimum of 10 feet from any Bluffland Protection Overlay District. The planting of native tree and ground cover species within these setbacks shall be encouraged.

2. Mass grading and the creation of artificial building pads shall be avoided. The intent of this provision being to promote structural design that fits existing site conditions to the greatest extent feasible.

3. All feasible efforts shall be employed to retain native trees. Tree removal activity shall be limited only to that which is necessary to facilitate permitted structural or nonstructural use of a parcel.

4. The maximum grade of any driveway serving any lot including an overlay district shall not exceed 15%.

13.02.43 Shoreland Protection Overlay District.

A. General provisions.

1. Statutory authority. The controls set forth in this section are pursuant to the authorization in §§ 62.23, 62.231, 62.233 87.30, and 281.31, Wis. Stats., as may be amended.

2. Purpose. Uncontrolled use of shoreland and pollution of navigable waters would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

a. Promote the public health, safety, convenience and general welfare;

b. Prohibit certain uses detrimental to the shoreland area; and

c. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland excavation, filling and other earthmoving activities.

3. Compliance. Any use within or alteration of the shoreland area shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. All permitted development shall require the issuance of a site plan permit unless otherwise expressly excluded by a provision of this section.

4. Abrogation and greater restrictions.

a. This section supersedes all other sections of this Title, except that where another section is more restrictive that section shall continue in full force.

b. The Shoreland Overlay District is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

B. District boundaries.

1. Shoreland areas regulated by this section shall include all the lands in the City of Onalaska that are:

a. Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Lakes, ponds, and flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources (DNR) Surface Water Data viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps.

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 continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, or other existing Floodplain Zoning Maps approved by the DNR shall be used to delineate floodplain areas.

c. 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 DNR for a final determination of navigability or ordinary high-water mark.

2. Pursuant to § 62.233 of the Wisconsin Statutes, as may be amended, this section does not apply to lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.

C. Permitted uses.

1. Uses allowed are determined by the base zoning district.

2. Boathouses are prohibited within the City of Onalaska.

D. Setbacks from navigable waters.

1. Principal building setbacks. All principal buildings shall be set back at least 50 feet from the ordinary high water mark.

2. Adjustment of shore yards. A setback less than that required by Subsection D.1 above may be allowed if the following apply:

a. The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.

b. The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.

3. The following accessory structures are allowed within the shoreland setback established in Subsection D.1 above:

a. A structure that meets all the following:

i. The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.

ii. The total floor area of all of the structures in the shoreland setback area of the property will not exceed 200 square feet. In calculating this square footage, boathouses shall be excluded.

iii. The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.

iv. The preservation or establishment of a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water.

b. A fishing raft for which the Wisconsin Department of Natural Resources has issued a permit under § 30.126, Wis. Stats., as may be amended.

c. A broadcast signal receiver, including a satellite dish, or an antenna that is no more than one meter in diameter and a satellite earth station antenna that is no more than two meters in diameter.

d. A utility transmission line, utility distribution line, pole, tower, water tower, pumping station, well pumphouse cover, private on-site wastewater treatment system that complies with Wisconsin Statutes Chapter 145, as may be amended, and any other utility structure for which no feasible alternative location outside of the setback exists and which is constructed and placed using best management practices to infiltrate or otherwise control stormwater runoff from the structure.

e. A walkway, stairway, or rail system that is necessary to provide pedestrian access to the shoreline and is no more than 60 inches in width.

E. Vegetative buffer zone. A vegetative buffer zone shall be maintained in the shoreland area in accordance with the following requirements:

1. A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in Subsection E.2 and 3 below.

2. If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the invasive, dead, or diseased vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

3. A person who is required to maintain or establish a vegetative buffer zone under this subsection may remove all of the vegetation in a part of that zone in order to establish a viewing and access corridor that is no greater than 35 feet wide for every 100 feet of shoreline frontage.

F. Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of the chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

1. The shoreland provisions of this section authorized by § 62.231, Wis. Stats., as may be amended, shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland provisions, or of any environmental control facility in existence on the effective date related to such a structure. All other modifications to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats., as may be amended, which limits total lifetime structural repairs and alterations to 50% of current fair market value.

2. 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 this section.

3. 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 section adopted under § 62.231, Wis. Stats., as may be amended, may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended.

4. 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 § 30.121, Wis. Stats., as may be amended.

5. Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

13.02.44 Wellhead Protection Overlay District.

A. Purpose.

1. The residents of the City of Onalaska depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this Wellhead Protection Overlay District is to institute land use regulations and restrictions protecting the municipal water supply of the City of Onalaska and to promote the public health, safety and general welfare of the City's residents.

B. Authority.

1. Statutory authority of the City to enact these regulations is established under §§ 59.69 and 62.23(7)(c), Wis. Stats., as may be amended.

C. Applicability.

1. The regulations specified in this Wellhead Protection Overlay District shall apply to the incorporated areas of Onalaska that lie within the recharge areas for municipal water supply wells as defined in this section, and are in addition to the requirements in the underlying base zoning district, if any. If there is a conflict between this section and the underlying base zoning district, the more restrictive provision shall apply.

2. All wellhead protection permits granted shall be subject to conditions that will include such environmental and safety monitoring as determined necessary to afford adequate protection of the public water supply.

3. The person making the request shall reimburse the City for consultant fees and technical review committee expenses associated with this review at the invoiced amount, plus administrative costs.

D. Supremacy of the district.

1. The regulations of an overlay district shall apply in addition to all other regulations which occupy the same geographic area. The provisions of any base zoning districts that underlay this overlay district shall apply except when provisions of the Wellhead Protection Overlay District are more stringent.

E. Conflict and interpretation.

1. Conflict and interpretation of provisions. If the provisions of the different chapters of this Title conflict with or contradict each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter. In their interpretation and application, the provisions of this section shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this section may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.

F. District boundaries.

1. The locations and boundaries of the Wellhead Protection Overlay Districts established by this section are:

a. City of Onalaska, Well Fields #7, #8 and #10 Wellhead Protection Area; and

b. City of Onalaska, Well Field #9 Wellhead Protection Area.

The locations and boundaries of these overlay districts shall be shown on the City of Onalaska Overlay Zoning Districts Map, which are hereby made a part of this Title. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this Title a though fully set forth and described herein.

2. The Wellhead Protection Overlay Districts are represented by the area encompassing the modeled five-year time of travel. The Wellhead Protection Districts were determined utilizing accepted hydrogeological research and modeling techniques. Overlay district boundaries have been normalized to road center lines, water boundaries, and public land section lines as follows:

a. Well Fields #7, #8 and #10. Part of the southeast one-quarter (SE 1/4), southwest one-quarter (SW 1/4), Section 28, and part of the southeast one-quarter (SE 1/4), Section 29, and part of the northeast one-quarter (NE 1/4), southwest one-quarter (SW 1/4) and southeast one-quarter (SE 1/4), Section 32, and part of the northeast one-quarter (NE 1/4), northwest one-quarter (NW 1/4), southwest one-quarter (SW 1/4), Section 33, Township 17 north (T17N), and part of the northwest one-quarter (NW 1/4), Section Four, and part of the northeast one-quarter (NE 1/4), northwest one-quarter (NW 1/4) and southeast one-quarter (SE 1/4), Section Five, Township 16 north (T16N), all in range seven west (R7W), Town of Onalaska and City of Onalaska, La Crosse County, Wisconsin, described as follows:

i. Beginning at the intersection of the center lines of County Road SN and Juline Way;

ii. Thence southwesterly along the center line of Juline Way to the center line of Kyle Lane;

iii. Thence southwesterly and northwesterly along the center line of Kyle Lane to the center line of Craig Lane East;

iv. Thence southwesterly along the center line of Craig Lane East and Craig Lane to the center line of Johns Court and the west line of Section 28;

v. Thence south along the center line of Johns Court and the west line of Section 28 and the west line of Section 33 to the intersection of the center lines of Rolling Oaks Drive and Victoria Lane;

vi. Thence northwesterly along the center line of Rolling Oaks Drive to the center line of Meier Line;

vii. Thence southwesterly along the center line of Meier Lane to the center line of Franklin Street;

viii. Thence southwesterly to a point on the center line of Cliffview Avenue which is 200 feet east of the center line of Johnson Street;

ix. Thence west along the center line of Cliffview Avenue to the center line of East Avenue North;

x. Thence south along the center line of East Avenue North to the center line of Riders Club Road;

xi. Thence west along the center line of Riders Club Road the center line of Ridgeway Avenue;

xii. Thence south along the center line of Ridgeway Avenue to the center line of Grove Street;

xiii. Thence west along the center line of Grove Street to the center line of Third Avenue North;

xiv. Thence southwesterly to the intersection of the center lines of Kramer Road and Hurricane Court;

xv. Thence southerly along the center line of Hurricane Court to the center line of Schnick Road;

xvi. Thence southwesterly along the center line of Schnick Road and Schnick Road extended southwesterly to the ordinary high-water mark of Lake Onalaska;

xvii. Thence southeasterly along the ordinary high-water mark of Lake Onalaska to the center line of Popular Street extended westerly;

xviii. Thence northeasterly along the center line of Popular Street and Popular Street extended westerly to the center line of Fourth Avenue North;

xix. Thence southeasterly along the center line of Fourth Avenue north to the center line of Pearl Street;

xx. Thence east along the center line of Pearl Street to the center line of Sixth Avenue North;

xxi. Thence north along the center line of Sixth Avenue North to the center line of Spruce Street;

xxii. Thence east along the center line of Spruce Street to the center line of Oak Avenue North;

xxiii. Thence north along the center line of Oak Avenue North to the center line of Vilas Street;

xxiv. Thence east along the center line of Vilas Street to the center line of Park Ridge Drive;

xxv. Thence north along the center line of Park Ridge Drive 470.00 feet;

xxvi. Thence northeasterly to the center line of County Road SN at a point 1,500.00 feet north of the intersection of County Road SN and State Road 53;

xxvii. Thence northerly and westerly along the center line of County Road SN to the point of beginning.

b. Well Field #9. Part of the southwest one-quarter (SW 1/4), southeast one-quarter (SE 1/4) and Northeast one-quarter (NE 1/4), Section nine, and part of the northwest one-quarter (NW 1/4), and southwest one-quarter (SW 1/4), Section 10, all in Township 16 north (T16N), range seven west (R7W), Town of Medary and City of Onalaska, La Crosse County, Wisconsin, described as follows:

i. Beginning at the intersection of the center lines of Wilson Street and Eleventh Avenue South;

ii. Thence south along the center line of Eleventh Avenue South 530.00 feet;

iii. Thence west parallel with the center line of Wilson Street 520.00 feet more or less to the center line of Tillman Drive extended south;

iv. Thence south parallel with the west line of Section nine 1,000.00 feet to the center line of Canary Lane extended west;

v. Thence easterly to the intersection of the center lines of Canary Lane and Oriole Lane;

vi. Thence east along the center line of Canary Lane to the center line of Eleventh Avenue South;

vii. Thence southerly along the center line of Eleventh Avenue South to the center line of Oak Forest Drive;

viii. Thence easterly along the center line of Oak Forest Drive to the center line of Twelfth Avenue South;

ix. Thence southerly along the center line of Twelfth Avenue South to the center line of Interstate 90 (I-90);

x. Thence east parallel with the south line of Section nine 1700.00 feet;

xi. Thence northeasterly 900.00 feet more or less to the intersection of the center lines of Custer Court and Afton Place;

xii. Thence east along the center line of Afton Place to the center line of Winter Street;

xiii. Thence north along the center line of Winter Street and Winter Street extended north to the center line of Esther Drive;

xiv. Thence northwesterly along the center line of Esther Drive 520.00 feet;

xv. Thence southwesterly to the intersection of the center lines of Oak Forest Drive and Wilson Street;

xvi. Thence west along the center line of Wilson Street to the point of beginning.

G. Wellhead protection Technical Review Committee.

1. The City of Onalaska Wellhead Protection Technical Review Committee shall consist of the following City staff:

a. City Planner, acting as committee chair;

b. City Engineer/Director of Public Works;

c. Public Works Manager; and

d. City Commercial Building Inspector.

2. The purpose of the Onalaska Wellhead Protection Technical Review Committee is to provide objective and scientific technical review of requests for wellhead protection permits and to make recommendations to the Plan Commission to grant or deny wellhead protection permits based upon the facts discovered during review, to make recommendations on any and all provisions placed on a wellhead protection permit, and to give advice on matters concerning groundwater.

3. The Onalaska Wellhead Protection Technical Review Committee may retain a consultant to assist in the review of requests for wellhead protection permits. Any costs incurred as part of the wellhead protection permit application review shall be reimbursed by the applicant.

H. Uses.

1. Permitted uses. The following permitted uses in Wellhead Protection Districts are subject to the separation distance requirements (set forth in Subsection I), prohibited uses (set forth in Subsection G.3), and applicable design and operational standards (set forth in Subsection H).

a. Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems.

b. Wildlife and natural and woodland areas.

c. Biking, hiking, skiing, nature, equestrian and fitness trails.

d. Municipally sewered residential developments.

e. Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need.

f. Public parks, playgrounds and beaches, provided on-site wastewater shall be discharged to a holding tank or municipal sewer.

g. Single-family residences on a minimum lot of 40,000 square feet with a private on-site sewage treatment system receiving less than 8,000 gallons per day, which meets the county and state health standards for the effluent, and is in conformance with Ch. SPS 383, Wis. Adm. Code, Safety and Professional Services, as may be amended.

h. Residential use of aboveground LP gas tanks for heating, not to exceed 1,000 gallons.

i. Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances does not exceed 20 gallons or 160 pounds at any time. Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances exceed 20 gallons or 160 pounds at any time must obtain a wellhead protection permit.

j. A limited exclusion from the provision of Subsection H.1.h is authorized for nonroutine maintenance or repair of property or equipment. The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 50 gallons or 400 pounds at any time.

k. A limited exclusion from the provisions of Subsection H.1.h is authorized for each medical and research laboratory use; provided, however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

l. A limited exclusion from the provision of Subsection H.1.h is authorized for regulated substances which are cleaning agents, provided such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. Citrus-based biodegradable cleaners are not considered a regulated substance. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.

2. Provisional permitted uses.

a. The following uses are provisionally permitted in the Wellhead Protection Districts with a wellhead protection permit and specified conditions of approval:

i. Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR 370, as may be amended).

ii. Coal storage.

iii. Motor vehicle services, including filling and service stations, repair, renovation and body working.

b. Wellhead protection permits.

i. Any person may request a wellhead protection permit for the uses, activities and structures within the Wellhead Protection Overlay District set forth in this subsection. All requests for a wellhead protection permit shall be submitted in writing to the City of Onalaska Planning Department for a review of permit application materials. The request will then, if properly prepared, be forwarded to the City Planner, as the Chairperson of the Wellhead Protection Technical Review Committee, for inclusion on the agenda of the next Plan Commission Meeting.

ii. All wellhead protection permits granted shall be subject to provisions that will include such environmental and safety monitoring as determined necessary to afford adequate protection of the public water supply. These provisions shall include, but not be limited to:

1. Provide current copies of all federal, state and local facility operation approval or certificates and ongoing environmental monitoring results to the City.

2. Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.

3. Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.

4. Prepare, file and maintain a current contingency plan, which details the response to any emergency, which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to the City.

iii. The Plan Commission shall decide upon an application for a wellhead protection permit only after full consideration of the recommendations made by the Wellhead Protection Technical Review Committee. Any provisions above and beyond those specified in Subsection ii above, that are recommended by the Wellhead Protection Technical Review Committee may be applied to the granting of the wellhead protection permit by the Plan Commission.

iv. The wellhead protection permit will become effective only after any costs incurred during the wellhead protection permit application review are satisfied by the applicant.

v. Wellhead protection permits are nontransferable. In a case of business or property transfer, the new owner is responsible for applying for a new wellhead protection permit subject to Subsections H.2.b.i through iv.

3. Prohibited uses. The following uses are prohibited in the Wellhead Protection Districts:

a. Cemeteries.

b. Chemical manufacturers (Standard Industrial Classification Major Group 28).

c. Dry cleaners.

d. Industrial lagoons and pits.

e. Landfills and any other solid waste facility, except postconsumer recycling.

f. Manure and animal waste storage, except animal waste storage facilities regulated by the county.

g. All mining, including sand and gravel pits.

h. Pesticide and fertilizer dealer, transfer or storage facilities where the pesticides and fertilizer are in bulk and/or unpackaged.

i. Railroad yards and maintenance stations.

j. Rendering plants and slaughterhouses.

k. Salt or deicing material storage where the salt or deicing materials are in bulk and/or unpackaged.

l. Salvage or junkyards.

m. Septage or sludge spreading, storage or treatment.

n. Septage, wastewater or sewage lagoons.

o. Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.

p. Stockyards and feedlots.

q. Construction of a stormwater detention, retention or infiltration basin within 400 feet of a public water supply well shall not be allowed in accordance with state separation distance requirements [§ NR 811.12(5)(d)6].

r. Wood-preserving operations.

I. Design and operational standards.

1. The following design standards apply to permitted wellhead protection land use activities within the Wellhead Protection Overlay District:

a. All parking lots exceeding eight stalls, all sump pumps and all roof drains shall be connected to a storm sewer or other approved drain. Use of dry wells or other subsurface drains is prohibited.

b. No more than 70% of a lot shall be covered by impervious surfaces such as buildings or parking lots.

c. All parking lots shall be paved with asphalt or concrete.

d. All stormwater conveyance within 400 feet from a well shall be via a swale lined with an appropriate impervious material or a watertight storm sewer pipe.

e. Stormwater retention/infiltration ponds shall be avoided. Where their use cannot be practically avoided, the stormwater retention/infiltration ponds shall, at a minimum, use a fore bay design intended to maximize natural filtration. The fore bay designs shall include spill containment measures, initial and secondary detainment weirs and/or outfall control valves, per the State of Wisconsin Manual on Infiltration Basins. Soils within the Onalaska Wellhead Protection Areas consist of low organic sands. The groundwater is susceptible to contamination from certain herbicides, pesticides, volatile organic compounds, polynuclear aromatic hydrocarbons, salt and heavy metals potentially found in stormwater runoff. Persons proposing stormwater detention, retention or infiltration basins within the Onalaska Wellhead Protection Districts shall submit to the City Engineer plans and specification signed and sealed by a professional engineer licensed in the State of Wisconsin delineating: area of stormwater contribution, distance from public water supply wells, vertical distance from base of facility to normal groundwater table, anticipated potential stormwater pollutants, annual average mass for each parameter, and proposed operations and maintenance procedures. All proposed facilities shall be designed to minimize adverse impacts to the groundwater.

f. Stormwater and sanitary sewer mains must meet separation distance requirements as defined in Subsection I.

g. Sanitary sewer mains must be pressure tested in place to meet current State of Wisconsin Department of Administration Division of Facilities Development Master Specifications and applicable local or project specific specifications.

h. Facilities that handle regulated substances shall have a minimum of one loading/unloading area designated for the handling of regulated substances. The designated loading/unloading areas shall be designed with spill and/or runoff containment that is connected to a municipal sanitary sewer lateral. The loading/unloading areas shall be designed to minimize precipitation or stormwater run on from entering the sanitary sewer. Regulated substances may be loaded/unloaded only in a designated handling area.

i. Aboveground storage areas for regulated substances shall be designed with secondary containment capable of controlling 125% of the maximum design capacity of the liquid storage area.

j. Facilities involved in the handling of regulated substances will, when determined necessary by the Committee, prepare a groundwater monitoring plan.

k. All rail spurs used to transport regulated substances shall be designed to minimize infiltration and convey runoff to a stormwater conveyance system. Rail car loading/unloading areas used to handle regulated substances shall be designed with spill and/or runoff containment that is connected to a municipal sewer lateral. The loading/unloading area shall be designed to minimize precipitation or stormwater run on from entering the sanitary sewer.

2. The following operational standards apply to permitted wellhead protection land use activities within the Wellhead Protection Districts:

a. No outdoor storage of product, material, or equipment other than that approved through the provisional use permitting process shall be allowed. Any designated outdoor storage area shall be an impervious surface paved with concrete or asphalt and have secondary containment when applicable.

b. Regulated substances associated with paving, the pouring of concrete, or construction for which all necessary permits have been obtained,may be handled in the Wellhead Protection Overlay District, provided such regulated substances are present at the construction site for which the permits have been issued and do not pose a real and present danger of contaminating surface and/or groundwater. For the on-site storage of fuel for vehicles or other equipment which may be associated with such construction activity the fuel storage containers shall be secondarily contained. Regulated substances not used in the construction process and all wastes generated during construction shall be removed from the construction site not later than at the time of the completion of the construction. If construction activity has ceased for 30 days, all regulated substances shall be removed from the site until such time as the construction activity is to resume.

c. The use of deicing salt or other chemical deicing materials shall be minimized and used only when threats to safety occur.

d. Except in the case of seasonal discontinuation of operation, the owner or operator of any nonresidential property that becomes unoccupied or has discontinued operation for a period of 30 consecutive days shall remove all regulated substances from the property, except those approved to be exclusively used for heating, cooling, and providing electrical lighting for the premises, within 30 days after the date upon which the property initially became unoccupied or the operation discontinued. The owner or operator shall secure the regulated substances on the property until they have been removed. The owner or operator shall notify the Planning Department in writing of the date of the cessation of operation or the property becoming unoccupied no later than the day upon which the operation actually ceases or the property becomes unoccupied, and such notification shall include the owner's name, phone number, and address and the operator's name, phone number, and forwarding address.

e. Truck, truck trailer, rail car, or tank truck loading and unloading procedures for Regulated Substances shall meet the minimum requirements of the U.S. Department of Transportation (DOT) and Wisconsin DOT.

f. No truck, trailer, rail car, or tank truck shall be used for on-site storage of regulated substances. Regulated substances shall be transferred from the delivery vehicle to the regulated substance storage area as soon as feasibly possible.

g. Loading and unloading procedures for regulated substances shall occur in designated loading/unloading areas. Warning signs and chock blocks shall be provided in the loading and unloading area to prevent premature vehicular departure.

h. Daily visual inspections of regulated substances shall be conducted to check for container damage or leakage, stained or discolored storage surfaces in all storage areas, excessive accumulation of water in outdoor curbed areas, and to ensure that dike drain valves are securely closed in outdoor curbed areas.

i. Storage areas for regulated substances shall have access restricted to properly authorized and trained personnel.

j. Companies shall provide adequate training to ensure that established operational safety plans and contingency plans are understood by all authorized personnel.

k. Companies using or producing regulated substances shall have an adequate quantity of spill response equipment and supplies on-site to contain and cleanup spills of regulated substances.

l. Annual spill prevention briefings shall be provided to authorized personnel by company management to ensure adequate understanding of the operational safety and contingency plans. These briefings shall highlight any past spill events or failures and recently developed precautionary measures. Records of these briefings shall be kept for documentation purposes.

m. Instructions and phone numbers for reporting spills to the Onalaska Fire Department and other local, state and federal agencies shall be posted in all areas where regulated substances are handles.

J. Separation distance requirements. The following separation distances as specified in § NR 811.12(5)(d), Wis. Adm. Code, shall be maintained:

1. Ten feet between a well and an emergency standby power system that is operated by the same facility which operates the well and that has a double-wall aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of § ATCP 93.260 and receive written approval from the Department of Safety and Professional Service (DSPS) or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code.

2. Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the 4 psi low-pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shutoff head.

3. Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or aboveground storage tank or private on-site wastewater treatment systems (POWTS) treatment tank or holding tank component and associated piping.

4. Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater retention or detention pond.

5. Six hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single-wall tank with other secondary containment and under a canopy or other aboveground storage tank system with double wall, or single-wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the standard double-wall tank or single-wall tank secondary containment installation requirements of § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

6. One thousand feet between a well and land application of municipal, commercial or industrial waste; the boundaries of a land-spreading facility for spreading of petroleum-contaminated soil regulated under Ch. NR 718, Wis. Adm. Code, while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

7. Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Adm. Code enforcement standards; coal storage area; salt or deicing material storage area; any single-wall farm underground storage tank or single-wall farm aboveground storage tank or other single-wall underground storage tank or aboveground storage tank that has or has not received written approval from DSPS or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code, for a single-wall tank installation. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.

K. Requirements for existing facilities.

1. Existing facilities within the Wellhead Protection Overlay Districts at the time of enactment of such district which use, store, handle, or produce regulated substance in excess of quantities outlined in Subsections G and I, and all other facilities which are considered a prohibited use in Subsection G.3, Prohibited uses, or a wellhead protection use in Subsection G.2, Wellhead protection permits, shall be subject to the following requirements:

a. Such facilities as defined in this Subsection J which exist within the district at the time of enactment of a district shall provide copies of all current, revised or new federal, state and local facility operation approvals, permits or certificates; operational safety plans; and ongoing environmental monitoring results to the City.

b. Such facilities as defined in Subsection J which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining, with the City, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.

c. Such facilities as defined in Subsection J cannot engage in or employ a use, activity, or structure listed in Subsection G.3, Prohibited uses, or in Subsection G.2, Permitted wellhead protection uses, which they did not engage in or employ at the time of enactment of a district, and can only expand, replace in kind or rebuild those present uses, activities, equipment, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as a prohibited use or provisional permitted use shall be expanded, replaced in kind, or rebuilt unless a wellhead protection permit is granted for such expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.

d. Such facilities as defined in this Subsection K cannot change the quantity or type of regulated substances handled, used or stored by the facility at the time of enactment of a district unless a provisional use permit is granted for such change in quantity or type.

L. Changing technology.

1. The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low- or non-risk materials or methods, upon petition regarding such use, after conferring with the Wellhead Protection Technical Review Committee or other expert opinion, and after appropriate public notice and hearing, the City, through appropriate procedures and actions to change these provisions of the UDC, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.

2. In dealing with uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.

M. Enforcement and penalty.

1. Penalty. Any person who violates, neglects or refuses to comply with any of the provision of this section shall be subject to a penalty as provided in Title 1 of this Code of Ordinances.

2. Injunction. The City of Onalaska may, in addition to any other remedy, seek injunction or restraining order against the party alleged to have violated the provision herein, the cost of which shall be charged to the defendant in such action.

3. Notice of violation.

a. Any person found in violation of any provisions of this section will be served with a written notice stating the nature of the violation and providing reasonable time for compliance.

b. The notice shall be served in the manner provided by the law for the service of civil processes. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the county tax record.

4. Inspection. Subject to applicable provision of law, a City of Onalaska Inspector or authorized representative thereof shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this section to ensure that activities are in accordance with the provision of Subsections G through J. Upon request of the entity which is the subject of the inspection, and if permitted by Wisconsin Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the appointed individual for the above-stated purposes, the Plan Commission may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.

5. Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, property, or equipment which is a part of or used in conjunction with water facilities of the City and/or any other protected public water supply, or which results in the violation of Subsections G through J.

6. Subject area. The area subject to the provisions of this section is the Wellhead Protection Overlay District as shown on the Official Zoning Map of the City of Onalaska and as legally described in Subsection D.

7. Determination of applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the Wellhead Protection Overlay District to make a determination of the applicability of Subsections G through I as they pertain to the property and/or business, and failure to do so shall not excuse any violation of said subsections.

8. Management.

a. No persons shall place, deposit, or permit to be deposited, store, process, use, produce, dispose of, transport, or discharge, hereinafter referred to as "handle," any regulated substance on public or private property within the Wellhead Protection Overlay District or in any area under the jurisdiction of said Wellhead Protection Overlay District, except as provided by law, statute, ordinance, rule or regulation.

b. Any violation of Subsection M.8.a is hereby determined to be a nuisance.

9. Spills, leaks or discharges.

a. Any person with direct knowledge of a spill, leak or discharge of a regulated substance within the Wellhead Protection Overlay District shall, if such spill, leak or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the Onalaska Fire Department utilizing the countywide 911 service and the Public Works Manager for the City of Onalaska, or the operator on duty at the affected or potentially affected water treatment facility by telephone within 30 minutes. The notification shall include, at a minimum, the location of the incident, name and telephone number of the contacting party, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, state, and federal reporting obligations.

b. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the City of Onalaska in response to such an incident, in addition to the amount of any fines imposed on account thereof under state and federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.

N. Cleanup costs. As a substitute for or in addition to any other action, the City of Onalaska may commence legal action against both the person who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs, together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a Wellhead Protection Overlay District shall immediately cease such discharge and immediately initiate clean up satisfactory to the City of Onalaska and the other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally liable for the cost of cleanup, the cost of any consultant or other contractor employed for the cleanup, as well as all administrative costs for City, consultant or contractor oversight, review and documentation, and all costs for use of City staff time, equipment and direct expenses, such as mileage, photocopying, phone tolls, etc.

13.02.45 Historic Preservation Overlay District.

A. Purpose. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archaeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this section is to:

1. Effect and accomplish the protection, enhancement, and preservation of such improvements, sites and districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history.

2. Safeguard the City's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.

3. To the extent of maintaining the general goals of this Title, protect and enhance the City of Onalaska's attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry and foster the revitalization and redevelopment of Onalaska.

4. Improve and enhance the visual and aesthetic character of the City of Onalaska for the purpose of stabilizing and improving property values.

5. Provide for public education and promotion of the City of Onalaska's architectural, archaeological, aesthetic, historic and associative improvements, sites and districts.

6. Protect and enhance viewsheds of the Black River, Lake Onalaska and the Mississippi River Valley to preserve Onalaska's waterfront heritage.

B. Historic designation criteria.

1. For purposes of this section, a historic structure, site, or district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archaeological, aesthetic, or cultural significance to the City which:

a. Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community;

b. Are identified with historic personages or with important events in national, state or local history;

c. Embody the distinguishing characteristics of an architectural type of specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship;

d. Are representative of the notable work of a master builder, designer or architect who influenced their age;

e. Have yielded, or may be likely to yield, information important to prehistory or history; or

f. Provide dramatic viewsheds of the Black River, Lake Onalaska and the Mississippi River Valley and Onalaska's historic waterfront.

2. The Historic Preservation Commission shall adopt specific operating guidelines for historic structure, site and district designation, providing such are in conformance with the provisions of this section.

C. Designation procedure for historic structures and sites.

1. The Historic Preservation Commission may make recommendations to the Common Council for the scheduling of a public hearing after application of the criteria in Subsection 5B.1.a through f above. At least 10 days prior to such hearing, the Historic Preservation Commission shall notify owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.

2. The Common Council, upon receipt of the recommendations from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in Subsection E below, and following the public hearing shall either designate or reject the historic site or structure. Designation of the historic site or structure shall constitute adoption of the plan prepared for said structure(s) and site(s) and direct the implementation of said plan.

3. After the designation or rejection has been made, notification shall be sent to the property owner(s). Notification shall also be sent to the City Clerk, Building Inspector, Plan Commission, and the City Assessor. The Historic Preservation Commission shall cause the designation or rejection to be recorded at the City's expense in the Office of the La Crosse County Register of Deeds.

D. Designation procedure for historic districts.

1. For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as historic districts and shall prepare a Historic Preservation Plan for each area. A historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the City, after application of the criteria in Subsection B.1.a through f above. Each Historic Preservation Plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic/archaeological significance of the area, the specific guidelines for development, and a statement of preservation objectives.

E. Historic designation review and adoption procedure.

1. Historic Preservation Commission. The Historic Preservation Commission shall hold a Class 1 public hearing when considering the plan for a historic district and notification shall be sent to the owners of record within the proposed historic district and those properties situated in whole or in part within 200 feet of the boundaries of the historic district. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan.

2. Common Council. The Common Council, upon receipt of the recommendation from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in Subsection E.1 above, and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of said plan.

F. Guidelines for development of historic structures, sites or districts.

1. Facade treatments, roof design, building additions, and architectural elements should be visually compatible with the buildings and environment to which the improvement is visually related.

2. Building materials, colors and patterns should be visually compatible with the buildings and environment to which the improvement is visually related.

3. Signage, lighting and other amenities should be properly scaled and compatible with the visual surroundings.

4. Landscape treatments should be well maintained and properly designed for the individual building, its occupants and the surrounding visual environment.

G. Building permits.

1. No building permit shall be issued by the Building Inspector for the alteration, construction, demolition, or removal of a nominated historic structure or site unless approved by the Historic Preservation Commission or the Common Council. Where such alteration, removal or demolition is necessary to avoid imminent peril to life or property as determined by the Inspection Department, a building permit may be issued by the Inspection Department without formal approval by the Historic Preservation Commission or the Common Council. In no event shall the delay be for more than 180 days.

H. Recognition of historic structures, sites and districts. At such time as a historic structure, site or district has been properly designated, the Historic Preservation Commission, in cooperation with the property owner, may cause to be prepared and erected on such property at City expense, a suitable plaque declaring that such property is a historic structure, site or district.

I. General standards.

1. Property maintenance. Every person in charge of an improvement on a historic site or designated structure in a historic district shall keep in good repair all of the exterior portion of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to fall into a state of disrepair. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

2. Penalties for violations. Any person or persons violating any provision of this Overlay District shall be subject to the general penalty provisions listed in Title 1 of the Onalaska Code of Ordinances. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Building Inspector.

3. Public safety and health issues. The Building Inspector may order the remedy to any condition affecting public safety or health in any historic site, structure or site within a historic district prior to the approval of the Historic Preservation Commission and Common Council. The Building Inspector shall promptly notify the Historic Preservation Commission and Common Council of any such action.