(a) 
Table 17.0301(a), Bulk and Dimensional Standards, addresses the requirements applicable to the development or use of a lot in a residential zoning district.
Table 17.0301(a)
Bulk and Dimensional Standards
Standard
ER
Rs-1
Rs-2
Rs-3
Rs-4
Rs-5
Rd-1
Rm-1
Lot standards (minimum)
Lot area (square feet)
3 acres
21,780
15,000
10,500
8,000
5 acres
15,000
15,000
Lot area/DU (square feet)
—
—
—
—
—
—
7,500
1
Lot width3 (feet)
200
90
80
70
60
300
100
100
Yard setbacks (minimum)4
Front (feet)
50
30
30
30
25
1
30
302
Street facing side (feet)
50
30
30
30
25
1
30
302
Interior side (feet)
30
10
10
10
8
1
10
102
Rear (feet)
100
30
30
30
25
1
30
252
Building standards (maximum)
Height (feet)
35
35
35
35
35
1
35
50
Building coverage
10%
30%
30%
40%
50%
1
50%
50%
Lot coverage
—
—
—
—
—
1
—
70%
NOTES:
1As detailed in Article IV, Use Specific Standards.
2No multifamily structure shall be located closer than 50 feet to a single-family district line.
3An additional 10 feet of lot width shall be required for corner lots.
4Setbacks from wetlands shall be a minimum of 15 feet with a five-foot undisturbed buffer.
(b) 
Table 17.0301(b), Bulk and Dimensional Standards, addresses the requirements applicable to the development or use of a lot in a nonresidential zoning district with the exception of the DTS Drexel Town Square District. The bulk and dimensional standards for the DTS Drexel Town Square District shall be pursuant to those established in the General Development Plan and Regulating Plan for the Drexel Town Square Mixed-Use Planned Development District, as amended.
Table 17.0301(b)
Bulk and Dimensional Standards
Standard
A-1
B-2
B-3
B-4
B-6
Lm-1
M-1
I-1
P-1
Lot standards (minimum)
Lot area (square feet)
5 acres
10,000
10,000
30,000
40,000
1 acre
1 acre
—
—
Lot width (feet)
150
75
75
150
150
150
200
—
—
Yard setbacks (minimum)1
Front (feet)
30
25
25
25
25
25
40
30
25
Street facing side (feet)
30
25
25
25
25
25
40
30
25
Interior side (feet)
10
20
20
15
10
15
20
50
25
Rear (feet)
100
25
25
25
15
25
20
50
25
Building standards (maximum)
Height (feet)
35
45
55
50
80
50
55
55
35
Building coverage
10%
40%
40%
40%
40%
60%
70%
30%
20%
Lot coverage
—
70%
70%
70%
70%
70%
70%
70%
70%
NOTES:
1Setbacks from wetlands shall be a minimum of 15 feet with a five-foot undisturbed buffer.
Figure 3.1: Yard Setback Locations
(a) 
Lot width. All lots shall abut upon a public or private street, and each lot shall have a minimum lot width measured at the property line.
Figure 3.2
Calculating Lot Width
(b) 
Lot widths for lots that abut upon a cul-de-sac. The lot width of all lots which abut upon a cul-de-sac may be reduced by a maximum of 50% of the required lot width for the district in which it is located, as measured from the property line. The required lot width for the district shall be met at the front yard setback line.
Figure 3.2
Calculating Lot Width
(c) 
Yard setbacks. A required yard setback shall be measured by the shortest distance between the principal building and the applicable lot line.
(d) 
Height. Building height shall be the vertical distance measured from the mean elevation of the finished lot grade along the front yard of the structure to the highest elevation of the roof.
Figure 3.3: Calculating Height
(e) 
Building coverage. That portion of the lot occupied by a combination of the principal building and accessory buildings or structures.
Figure 3.4: Calculating Building Coverage
(f) 
Lot coverage. That portion of the lot that is covered by buildings and structures as measured to the roof, and paved surfaces.
Figure 3.5: Calculating Lot Coverage
(g) 
Lot area. Minimum lot area requirements shall not include wetlands or floodplains identified on FIRM maps unless a DNR permit for wetland fill has been obtained or a letter of map revision based on fill (LOMR-F) has been issued.
(a) 
Height modifications. The district height limitations included in Table 17.0301(a) and Table 17.0301(b) may be exceeded in accordance with the following:
(1) 
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues, and chimneys, are exempt from the height limitations of this chapter, but may be regulated by FCC or FAA, or Milwaukee County regulations where applicable.
(2) 
Special structures, such as elevator penthouses, grain elevators, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, solar collectors, substations, and smokestacks, are exempt from the height limitations of this chapter as approved by the Community Development Director or their designee and in compliance with all screening requirements established in § 17.0506.
(3) 
Essential services, utilities, water towers, electric power, telecommunications infrastructure, and communication transmission lines are exempt from the height limitations of this chapter.
(4) 
Observation towers shall not exceed in height two times their distance from the nearest lot line.
(5) 
Agricultural structures, such as barns and silos, shall not exceed in height twice their distance from the nearest lot line.
(b) 
Yard setback modifications. The yard setback requirements included in Table 17.0301(a) and Table 17.0301(b) may be modified as follows:
(1) 
Architectural projections, such as chimneys, flues, sills, eaves, belt courses, bow windows and ornaments, may project into any required setback, but such projection shall not exceed two feet.
(2) 
Essential services, utilities, and electric power and communication transmission lines are exempt from the setback requirements of this chapter.
(3) 
Patios, decks, fire pits, outdoor kitchens and similar permanent accessory structures constructed at or below grade may project into the interior side and rear yards, but such projection shall maintain a five-foot setback from the interior side lot line and ten-foot setback from the rear lot line.
(4) 
Residential air conditioning condensers, generators, and similar residential mechanical equipment may project into the interior side or rear yards, but such projection shall maintain a five-foot setback from all lot lines.
(5) 
A maximum of one flagpole per lot may project into any yards but shall not exceed the maximum permitted building height of the district in which they are located.
(6) 
Municipally-owned emergency sirens may project into any yards.
(7) 
Yard art, such as sculptures, bird baths, fountains, or seasonal decorations, may project into any required setback, but must be continually maintained and not interfere with required sight triangles, public services, wetlands, floodplains, rights-of-way, or utilities.
(c) 
Average front setbacks. The required front setback shall not be decreased below the minimum setback for the district in which it is located. However, if the principal structures on abutting lots are set back further than the minimum, the front setback of a proposed principal structure shall be increased to the average of the existing front setbacks of the abutting structures on each side, but in no case shall the required setback be increased to more than 50 feet.
(d) 
Double lot frontage. Structures on lots abutting two opposite streets shall be provided with a front setback and a rear setback. The Director or their designee shall select where the front setback shall be applied and where the rear setback shall be applied in a manner that prohibits access to a double frontage lot from arterial streets. The selected front setback area shall be required to comply with the front setback requirements for the district in which the lot is located. The selected rear setback area shall be required to comply with the rear setback requirements for the district in which the lot is located and the rear setback area shall be screened from arterial streets with fencing or landscaping, as may be appropriate.
(a) 
The following key is to be used in the interpretation of Table 17.0304(b) and Table 17.0304(c) below.
(1) 
Permitted uses. Uses which are marked as "P" in the tables shall be allowed subject to all applicable regulations of this chapter.
(2) 
Conditional uses. Uses which are marked as "C" in the tables shall be allowed upon the approval of a conditional use permit per § 17.0804(e).
(3) 
Temporary uses. Uses which are marked as "T" in the tables shall be allowed upon the approval of a temporary use permit per § 17.0803(i) or 17.0804(c) as applicable.
(4) 
Prohibited uses. A blank space in the tables indicates that a use type is not allowed in the respective zoning district unless it is otherwise expressly allowed by other regulations of this Zoning Ordinance.
(5) 
Uses not listed. If a proposed use is not listed in the tables, the Community Development Director or their designee shall determine, through a letter of interpretation as detailed in § 17.0803(b), if the use is substantially similar to a use listed on the tables. If it is, he or she shall treat the use in the same manner as the substantially similar use. If not, the use shall be regarded as prohibited.
(6) 
Additional regulation. If a use has use specific standards they are referenced in this column. Use specific standards shall apply to permitted and conditional uses.
(b) 
Residential district permitted and conditional uses.
[Amended 7-18-2023 by Ord. No. 3077]
Table 17.0304(b)
Permitted and Conditional Uses, Residential Districts
Use
Additional Regulation
ER
Rs-1
Rs-2
Rs-3
Rs-4
Rs-5
Rd-1
Rm-1
Residential uses
Community living, 1 to 8 persons
§ 17.0403(a)
P
P
P
P
Community living, 9 plus persons
§ 17.0403(a)
C
C
C
C
Dwelling, multifamily building, 9 plus units
§ 17.0403(b)
P
Dwelling, multifamily building, 2 to 8 units
§ 17.0403(b)
P
Dwelling, multifamily complex
§ 17.0403(c)
C
Dwelling, single-family attached, one story and up to 4 dwelling units
§ 17.0403(d)
P
P
P
P
P
P
P
Dwelling, single-family attached, 2 plus stories and/or 5 plus dwelling units
§ 17.0403(d)
C
C
C
C
C
C
C
Dwelling, single-family detached
§ 17.0403(e)
P
P
P
P
P
P
P
Mobile home park
§ 17.0403(f)
P
Senior housing, assisted living
C
P
P
Senior housing, nursing care
C
P
P
Senior housing, total life care
C
Recreational uses
Parks and playgrounds, private
C
C
C
C
C
C
C
C
Parks and playgrounds, public
P
P
P
P
P
P
P
P
Clubhouse
§ 17.0404(a)
C
C
C
C
C
C
P
Community garden
C
C
C
C
C
C
P
Retail uses
Neighborhood retail
§ 17.0405(b)
C
C
C
C
C
C
C
Service uses
Neighborhood service
§ 17.0406(b)
C
C
C
C
C
C
C
Lodging uses
Bed-and-breakfast
§ 17.0407(a)
C
C
C
C
C
C
C
Short-term rental
§ 17.0407(b)
P
P
P
P
P
P
P
Eating/drinking uses
Cafe
§ 17.0408(a)
C
C
C
C
C
C
C
Public/institutional uses
Essential service
P
P
P
P
P
P
P
P
Governmental use, indoor
P
P
P
P
P
P
P
P
Governmental use, outdoor
C
C
C
C
C
C
C
C
School, private
School, public
Utility, minor
P
P
P
P
P
P
P
P
Utility, major
C
C
C
C
C
C
C
C
Telecommunications towers
§ 17.0413(a)
C
C
C
C
C
C
C
C
Accessory uses
Accessory, building
§ 17.0414(a)
P
P
P
P
P
P
P
P
Accessory, dwelling
§ 17.0414(b)
C
C
C
C
Accessory, structure
§ 17.0414(d)
P
P
P
P
P
P
P
P
Bridle path
P
Building for the housing of horses and other animals
§ 17.0414(e)
P
Home occupation
§ 17.0414(h)
P
P
P
P
P
P
P
P
Keeping and raising of horses and other animals
§ 17.0414(i)
P
Solar energy collection system, ground-mounted
§ 17.0414(p)
C
C
C
C
C
C
C
C
Solar energy collection system, roof-mounted
§ 17.0414(q)
P
P
P
P
P
P
P
P
Swimming pools, hot tubs, saunas, and similar installations, private
§ 17.0414(r)
P
P
P
P
P
P
P
P
Sport court, private
§ 17.04014(s)
P
P
P
P
P
P
P
P
Temporary uses
Car, truck, and recreational vehicle parking
§ 17.0415(a)
T
T
T
T
T
T
Construction related
T
T
T
T
T
T
T
T
Garage/estate sale
T
T
T
T
T
T
T
T
Portable storage structure
§ 17.0415(e)
T
T
T
T
T
T
T
T
Real estate sales or rental field offices
T
T
T
T
T
T
T
T
Model home
T
T
T
T
T
T
T
T
(c) 
Nonresidential district permitted and conditional uses.
[Amended 11-1-2022 by Ord. No. 3056; 4-3-2023 by Ord. No. 3065; 5-16-2023 by Ord. No. 3073; 7-18-2023 by Ord. No. 3077]
Table 17.0304(c)
Permitted and Conditional Uses, Nonresidential Districts
Use
Additional Regulation
A-1
DTS
B-2
B-3
B-4
B-6
Lm-1
M-1
I-1
P-1
Agricultural uses
Agritourism related uses
C
Aquaculture
P
Garden plots for rent
P
C
C
General farm structures
P
General farming
P
Keeping and raising of domestic stock, commercial
§ 17.0402(a)
P
Plant nursery/greenhouse
P
C
C
C
C
C
C
Solar energy collection system, farm
P
C
Residential uses
Dwelling, multifamily above ground floor
P
C
P
P
Dwelling, single-family attached
Dwelling, single-family detached
§ 17.0403(e)
P
Recreational uses
Art gallery/museum
P
C
P
P
C
Boat mooring and rental/marina
C
Campground
C
C
Family entertainment center/indoor commercial amusement/fun center
C
Golf course
C
Golf course, miniature
C
C
C
Health, athletic, or recreation facility, indoor
C
C
C
P
P
C
C
P
C
Health, athletic, or recreation facility, outdoor
C
C
C
P
C
Parks and playgrounds, private
C
C
C
C
C
C
C
C
Parks and playgrounds, public
P
P
P
P
P
P
P
P
Shooting/archery range, indoor
P
P
C
C
Shooting/archery range, outdoor
C
C
Retail uses
Adult entertainment
§ 17.0405(a)
P
General retail, less than 50,000 square feet
P
C
P
P
General retail, 50,000 square feet to 100,000 square feet
P
P
P
General retail, more than 100,000 square feet
C
C
P
Grocery store
C
C
P
P
Multitenant shopping center
P
C
P
P
Neighborhood retail
§ 17.0405(d)
P
Outlot retail building
§ 17.0405(e)
P
P
P
Wholesale
C
P
Service uses
Animal training/therapy
C
C
C
Animal daycare/recreation
C
C
C
Bank/financial institution
P
C
P
P
P
Funeral parlor with cremation services
C
C
Funeral parlor without cremation services
P
Day-care center
P
C
P
P
P
C
General service
P
C
P
P
P
Kennel/boarding facility/shelter
§ 17.0406(a)
C
C
C
Neighborhood service
§ 17.0406(b)
P
C
Private emergency service
C
C
C
Self service laundry/dry cleaner
P
P
Tattoo, body piercing, and body art studios
C
C
Veterinary clinic/animal hospital
§ 17.0406(c)
C
C
C
Lodging uses
Hotel
P
P
P
Hotel, extended stay
C
C
C
Motel
C
C
C
Eating and drinking uses
Drinking establishment
C
C
C
Cafe
§ 17.0408(a)
P
P
P
P
P
Mobile retail food establishment/food truck park
§ 17.0408(b)
P
P
P
P
P
Microbrewery/winery/distillery
P
P
P
C
P
Restaurant, delivery/carry out only
P
C
P
P
Restaurant, fast casual
P
C
P
P
Restaurant, sit down
P
C
P
P
Tasting room, brewery, winery, distillery
P
P
P
P
P
Vehicle related uses
Autobody/automotive mechanical repair
C
C
C
C
Car wash
C
C
Electric vehicle charging stations
P
P
P
P
P
P
P
Equipment sales and rental
§ 17.0414(l)
C
C
C
Fuel sales
§ 17.0409(a)
C
C
Fueling plaza
§ 17.0409(a)
C
C
Service station
C
C
Vehicle sales and rental
§ 17.0414(l)
C
C
C
C
Office uses
Office, general
C
P
P
P
P
P
Office, above ground floor
P
P
P
P
Office, medical/dental
P
P
P
P
Industrial uses
Brewery/winery/distillery
P
P
Contractor's shop/office
C
Contractor's yard
§ 17.0414(m)
C
Laboratory
P
P
Manufacturing, artisan
§ 17.0411(a)
C
C
C
P
P
P
Manufacturing, heavy
C
Manufacturing, light
P
P
Motor freight terminal
C
Research and development facilities
C
C
C
Self storage
C
P
Warehouse, distribution, less than 200,000 square feet
P
Warehouse, distribution, 200,000 square feet or greater
C
Warehouse, storage, less than 200,000 square feet
P
Warehouse, storage, 200,000 square feet or greater
C
Medical uses
Hospital
C
C
C
C
C
P
Acute care center
C
C
C
C
C
P
Medical diagnostic facility/laboratory
C
P
P
Public/institutional uses
College/university
P
P
P
P
Essential service
P
P
P
P
P
P
P
P
P
P
Governmental use, indoor
P
P
P
P
P
P
P
P
P
P
Governmental use, outdoor
C
C
C
C
C
C
C
C
C
C
Place of assembly
P
P
P
P
C
P
P
Religious institution
P
P
P
School, private
C
C
C
School, public
P
P
P
Vocational/employment training
C
P
P
P
P
Utility, minor
P
P
P
P
P
P
P
P
P
P
Utility, major
C
C
C
C
C
C
C
C
C
C
Telecommunications towers
§ 17.0413(a)
C
C
C
C
C
C
C
C
C
C
Accessory uses
Accessory, building
§ 17.0414(a)
P
P
P
P
P
P
P
P
P
P
Accessory, retail
§ 17.0414(c)
C
C
Accessory, structure
§ 17.0414(d)
P
P
P
P
P
P
P
P
P
P
Donation drop box
§ 17.0414(f)
P
Drive through
§ 17.0414(g)
C
C
Home occupation
§ 17.0414(h)
P
P
P
P
P
Outdoor activity/operation, permanent
§ 17.0414(j)
C
C
C
C
Outdoor dining
§ 17.0414(k)
P
P
P
P
Outdoor display/sale of merchandise, permanent
§ 17.0414(l)
C
C
Outdoor storage, permanent
§ 17.0414(m)
C
C
C
C
C
Roadside stand
§ 17.0414(n)
P
Solar energy collection system, canopy
§ 17.0414(o)
P
P
P
P
P
P
P
Solar energy collection system, ground-mounted
§ 17.0414(p)
C
C
C
C
C
C
C
C
C
C
Solar energy collection system, roof-mounted
§ 17.0414(q)
P
P
P
P
P
P
P
P
P
P
Truck and trailer parking
§ 17.0505
C
C
Temporary uses
Carnival
T
T
T
T
T
T
T
T
Circus/animal show
T
T
T
T
T
T
T
T
Seasonal sales
§ 17.0415(b)
T
T
T
T
T
Construction related
T
T
T
T
T
T
T
T
T
T
Farmers market
T
T
T
T
T
T
T
T
Flea market
Mobile retail food establishment/food truck
§ 17.0415(c)
T
T
T
T
T
T
T
T
T
Outdoor activity/operation, temporary
T
T
T
T
T
T
T
Outdoor display/sale of merchandise, temporary
§ 17.0415(d)
T
T
T
T
T
T
Truck and trailer parking
T
T
(a) 
Permitted uses.
(1) 
Hiking, fishing, swimming and boating, unless prohibited by other laws and ordinances.
(2) 
Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops, and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.
(3) 
Silviculture (forest maintenance), including the planting, thinning, and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.
(4) 
Construction and maintenance of fences.
(5) 
Existing agricultural uses, provided that they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided that they do not substantially disturb or impair the natural fauna (animals), flora (plants), topography, or water regimen.
(6) 
Aquaculture (the growing of plants and animals in water), provided it does not disturb or impair the natural biota (plants and animals).
(7) 
The maintenance, repair, replacement, and reconstruction of existing public streets, roads, bridges and drainageways.
(b) 
Conditional uses.
(1) 
The construction of streets which are necessary for the continuity of the City street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses, provided that:
a. 
The street cannot as a practical matter be located outside the conservancy district;
b. 
The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in § 17.0804(f)(7) of this chapter;
c. 
The street is designed and constructed with the minimum cross-section practical to serve the intended use;
d. 
The street construction activities are carried out in the immediate area of the roadbed only; and
e. 
Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.
(2) 
The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that:
a. 
The building cannot as a practical matter be located outside the conservancy district;
b. 
The building is not designed for human habitation and does not exceed 500 square feet in area; and;
c. 
Only limited filling or excavating necessary to provide structural support is conducted.
(3) 
The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided that:
a. 
Parks shall be limited to passive activities. No ball diamond, tennis court, playfield, playground or other active recreation area shall be constructed in a wetland;
b. 
Any private recreation or wildlife habitat area must be exclusively for that purpose;
c. 
No filling is to be done; and
d. 
Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.
(4) 
The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members and customers located outside of the C-1 District, provided that:
a. 
The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and
b. 
Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.
(5) 
The construction and maintenance of railroad lines, provided that:
a. 
The railroad lines cannot as a practical matter be located outside the conservancy district; and
b. 
Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.
(6) 
Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.
(7) 
The construction and maintenance of piers, docks, and walkways, including those built on pilings.
(c) 
Prohibited uses.
(1) 
Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 District lands concerned are first rezoned into another district.
(2) 
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable water are prohibited.
(d) 
Conservancy lands used for density calculation. Where 25% or more of a lot is located within a C-1 Shoreland Wetland Conservancy District and partially within an adjoining use district, that area of the parcel in the C-1 District may be used to meet the minimum lot area requirements; provided that adequate adjacent upland space is available for the structure and related grading.
(a) 
This section, to be known as the Floodplain Zoning Ordinance for the City of Oak Creek, Wisconsin, is adopted pursuant to the authorization in §§ 61.35 and 62.23, Wis. Stats, and the requirements in § 87.30, Wis. Stats.
(b) 
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) 
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) 
Public information.
(1) 
Place marks on structures to show the depth of inundation during the regional flood.
(2) 
All maps, engineering data and regulations shall be available and widely distributed.
(3) 
Real estate transfers should show what floodplain district any real property is in.
(e) 
General provisions.
(1) 
Areas to be regulated. This section regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this chapter, where applicable.
(2) 
Official maps and revisions. Special flood hazard areas (SFHA) are designated as zones A, A1-30, AE, AH, AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in Subsection (e)(2)a below. These maps and revisions are on file in the office of the Zoning Administrator, City of Oak Creek.
a. 
Official maps, Based on the Flood Insurance Study (FIS):
1. 
Flood Insurance Rate Map (FIRM) panel numbers.
55079CIND0A
55079C0254E
55079C0253E
55079C0252E
55079C0251E
55079C0234E
55079C0233E
55079C0232E
55079C0231E
55079C0229E
55079C0227E
55079C0189E
55079C0188E
55079C0169E
55079C0168E
55079C0167E
55079C0166E
55079C0164E
55079C0162E
Dated September 26, 2008.
2. 
Flood Insurance Study (FIS) volumes 55079CV001A, 55079CV002A, 55079CV003A, 55079CV004A, and 55079CV005A for the City of Oak Creek, dated September 26, 2008.
3. 
Letters of Map Revision: 15-05-2729P, Effective December 31, 2015 and 16-05-0269P-550279, Effective September 23, 2016.
4. 
Letters of Map Amendment/Revalidations.
08-05-5293A-550279, Effective 1-15-2009
09-05-2088A-550279, Effective 6-15-2009
09-05-2277A-550279, Effective 6-18-2009
09-05-2617A-550279, Effective 5-29-2009
10-05-2107A-550279, Effective 3-16-2010
11-05-0436A-550279, Effective 1-13-2011
11-05-0726A-550279, Effective 11-12-2010
11-05-0875A-550279, Effective 1-28-2011
12-05-1073A-550279, Effective 12-29-2011
12-05-1484A-550279, Effective 1-12-2012
12-05-2391A-550279, Effective 2-14-2012
12-05-2392A-550279, Effective 2-14-2012
12-05-7902A-550279, Effective 9-20-2012
13-05-2747A-550279, Effective 1-25-2013
13-05-4261A-550279, Effective 3-28-2013
14-05-4629A-550279, Effective 4-15-2014
17.05-1942A-550279, Effective 2-22-2017
17.05-4244A-550279, Effective 6-21-2017
18-05-2475A-550279, Effective 4-26-2018
18-05-3705A-550279, Effective 4-26-2018
19-05-2974A-550279, Effective 5-30-2019
19-05-4615A-550279, Effective 9-18-2019
19-05-5297A-550279, Effective 9-18-2019
21-05-4533A-550279, Effective 10-6-2021
07-05-0467V-550279, Effective 9-27-2008 (Revalidation)
Approved by: The DNR and FEMA.
(3) 
Locating floodplain boundaries. Discrepancies between the exterior boundaries of Zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in Subsection (e)(3)a or b below. If a significant difference exists, the map shall be amended according to § 17.0804(f)(8). The Zoning Administrator, supported by engineering, can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator or a designee shall be responsible for documenting actual pre-development 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 § 17.0804(i)(7) and the criteria in Subsection (e)(3)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 § 17.0804(f)(8).
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, including any boundary of zone A or AO, the location of the boundary shall be determined by the map scale.
(4) 
Removal of lands from floodplain.
a. 
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 § 17.0804(f)(8).
b. 
The delineation of any of the floodplain districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed letter of map revision is a record of this approval. The Floodplain Administrator shall not sign a community acknowledgement form unless all criteria set forth in the following subsections are met:
1. 
The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;
2. 
The fill must be contiguous to land outside the floodplain; applicant shall obtain a land use building permit before applying for a LOMR or LOMR-F;
c. 
Removal of lands from the floodplain may also occur by operation of § 87.30(1)(e), Wis. Stats. if a property owner has obtained a letter of map amendment from the Federal Emergency Management Agency under 44C.F.R.70.
d. 
Removal of lands from the floodplain in accordance with the above procedures does not automatically remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a letter of map change (LOMC).
(5) 
Compliance.
a. 
No structure or use within areas regulated by this section shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
b. 
Failure to obtain a land use building permit shall be a violation of these regulations and shall be punishable in accordance with § 17.0805(c)(8).
c. 
Land use building permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with § 17.0805(c)(8).
(6) 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Wis. Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards.
(7) 
Abrogation and greater restrictions.
a. 
This section supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23 or 87.30, Wis. Stats, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
b. 
This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this chapter imposes greater restrictions, the provisions of this section shall prevail.
(8) 
Interpretation. In their interpretation and application, the provisions of this section are the minimum requirements liberally construed in favor of the governing body (Common Council) 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 chapter 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 municipality or any officer or employee thereof for any flood damage that may result from reliance on this section.
(10) 
Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
(11) 
Annexed areas for cities and villages. The Milwaukee County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality 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 office of the municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
(f) 
The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.
(1) 
If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
a. 
Be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. 
Be constructed with flood-resistant materials;
c. 
Be constructed by methods and practices that minimize flood damages; and
d. 
Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(2) 
If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:
a. 
Such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;
b. 
Public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and adequate drainage is provided to reduce exposure to flood hazards.
(3) 
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 chapter and all other requirements in § 17.0801(b)(2).
(g) 
Hydraulic and hydrologic analyses.
(1) 
No floodplain development shall:
a. 
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
b. 
Cause any increase the regional flood height due to floodplain storage area lost.
(2) 
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 § 17.0804(f)(8) are met.
(h) 
Watercourse alterations. No land use building 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 § 17.0306(g) must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to § 17.0804(f)(8), 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.
(i) 
Chapter 30, 31, Wis. Stats., Development. Development which requires a permit from the Department, under Chs. 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 § 17.0804(f)(8).
(j) 
Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
(1) 
The campground is approved by the Department of Agriculture, Trade and Consumer Protection;
(2) 
A land use permit for the campground is issued by the Zoning Administrator following review and approval by the Plan Commission where applicable;
(3) 
The character of the river system and the campground elevation are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;
(4) 
There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
(5) 
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in § 17.0306(j)(4), to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
(6) 
All mobile recreational vehicles placed on the site must meet one of the following:
a. 
Only camping units that are fully licensed, if required, and ready for highway use are allowed. 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; or
b. 
The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours.
(7) 
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with § 17.0306(j)(6) and shall ensure compliance with all the provisions of this section;
(8) 
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
(9) 
All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in § 17.0307, 17.0308, or 17.0309 for the floodplain district in which the structure is located;
(10) 
The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
(11) 
All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.
(a) 
Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to § 17.0309(e).
(b) 
Permitted uses.
(1) 
The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:
a. 
They are not prohibited by any other ordinance;
b. 
They meet the standards in § 17.0307(c) and (d); and
c. 
All permits or certificates have been issued according to § 17.0801(b).
(2) 
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
(3) 
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
(4) 
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 § 17.0307(c)(4).
(5) 
Uses or structures accessory to open space uses or classified as historic structures that comply with § 17.0307(c) and (d).
(6) 
Extraction of sand, gravel or other materials that comply with § 17.0307(c)(4).
(7) 
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 Chs. 30 and 31, Wis. Stats.
(8) 
Public utilities, streets and bridges that comply with § 17.0307(c)(3).
(9) 
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.
(10) 
Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.
(11) 
Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code.
(12) 
Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
(c) 
Standards for developments in the floodway.
(1) 
General.
a. 
Any development in the floodway shall comply with § 17.0306(f) and have a low flood damage potential.
b. 
Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to §§ 17.0306(g) and 17.0801(b)(2)(c). The analysis must be completed by a registered professional engineer in the state of Wisconsin.
c. 
Any encroachment in the regulatory floodway is prohibited unless the data submitted for § 17.0307(c)(1)b demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in § 17.0306(e)(4).
(2) 
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:
a. 
Structures are not designed for human habitation, do not have a high flood damage potential and are constructed to minimize flood damage;
b. 
Structures shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:
1. 
Have the lowest floor elevated to or above the regional flood elevation and 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 § 17.0307(c)(2)g 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 § 17.0307(c)(2)g.
c. 
Must be anchored to resist flotation, collapse, and lateral movement;
d. 
Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
e. 
Must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
f. 
For a structure designed to allow the automatic entry of floodwaters below the regional flood elevation, the applicant shall submit a plan that meets § 17.0307(c)(2)a through e, and meets or exceeds the following standards:
1. 
The lowest floor must be elevated to or above the regional flood 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;
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;
4. 
The use must be limited to parking, building access or limited storage.
g. 
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 floodwaters in such systems and must be in accordance with provisions in § 17.0307(d)(4) and (5);
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 to or above the flood protection elevation.
(3) 
Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
a. 
Adequate floodproofing measures are provided to the flood protection elevation; and
b. 
Construction meets the development standards of § 17.0306(g).
(4) 
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
a. 
The requirements of § 17.0306(g) are met;
b. 
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 § 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;
c. 
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading;
d. 
The fill is not classified as a solid or hazardous material; and
e. 
Applicable provisions of Chapter 13 of the Municipal Code are met.
(d) 
Prohibited uses. All uses not listed as permitted uses in § 17.0307(b) are prohibited, including the following uses:
(1) 
Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
(2) 
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
(3) 
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
(4) 
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;
(5) 
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;
(6) 
Any solid or hazardous waste disposal sites;
(7) 
Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and
(8) 
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.
(a) 
Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to § 17.0309(e).
(b) 
Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in § 17.0308(c) are met, the use is not prohibited by this or any other ordinance or regulation, and all permits or certificates specified in § 17.0801(b) have been issued.
(c) 
Section 17.0306(f) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of § 17.0907.
(1) 
Compensatory storage. No development shall be allowed which removes flood storage volume unless an amount not less than a ratio of 1.10:1 of the volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost, (compensatory storage). Excavation below the groundwater table is not considered as providing an equal volume of storage.
(2) 
Residential uses. Any structure, including a manufactured home, which is to be erected, newly constructed, reconstructed, altered, substantially improved, or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of § 17.0907;
a. 
All new construction, including placement of manufactured homes, and substantial improvement of residential structures shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the Floodfringe District unless it can be shown to meet § 17.0306(e)(4).
b. 
Notwithstanding § 17.0308(c)(2)a, a basement or crawl space floor may be placed at the regional flood elevation if the basement or crawl space is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;
c. 
Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in § 17.0308(c)(2)d.
d. 
In developments where existing street or sewer line elevations make compliance with § 17.0308(c)(2)c impractical, the municipality may permit new development and substantial improvements where roads are at or 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 that follows acceptable hazard mitigation planning guidelines.
(3) 
Accessory structures or uses. In addition to § 17.0306(f), new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
(4) 
Commercial uses. In addition to § 17.0306(f), any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of § 17.0308(c)(1) to (3). Subject to the requirements of § 17.0308(c)(6), 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.
(5) 
Manufacturing and industrial uses. In addition to § 17.0306(f), any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation per the requirements of § 17.0308(c)(1) and (2) or meet the floodproofing standards in § 17.0804(i)(4). Subject to the requirements of § 17.0308(c)(6), 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.
(6) 
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 § 17.0804(i)(4). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
(7) 
Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:
a. 
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 § 17.0804(i)(4).
b. 
Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
(8) 
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to § 17.0804(i)(4)c, to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
(9) 
Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 17.0804(i)(4)c, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(10) 
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
(11) 
Deposition of materials. Any deposited material shall meet all the provisions of this chapter and any other applicable sections of the Municipal Code.
(12) 
Manufactured homes.
a. 
Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
b. 
In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
1. 
Have the lowest floor elevated to the flood protection elevation; and
2. 
Be anchored so they do not float, collapse or move laterally during a flood.
c. 
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in § 17.0308(c)(3).
(13) 
Mobile recreational vehicles. All mobile recreational vehicles shall not be on site for 180 or more consecutive days, and shall meet one of the following:
a. 
Be fully licensed and ready for highway use. 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; or
b. 
Meet the elevation and anchoring requirements in § 17.0308(c)(12)b and c.
(a) 
Applicability. The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE Zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in § 17.0306(e)(2)a.
(b) 
For proposed development in Zone A, or in Zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in § 17.0306(e)(2)a, the boundaries of the regulatory floodway shall be determined pursuant to § 17.0309(e). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of § 17.0307. If the development is located entirely within the floodfringe, the development is subject to the standards of § 17.0308.
(c) 
Pursuant to § 17.0309(e), it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway [§ 17.0307(b)] and Floodfringe [§ 17.0308(b)] Districts are allowed within the General Floodplain District, according to the standards of § 17.0309(d), provided that all permits or certificates required under § 17.0801(b) have been issued.
(d) 
Section 17.0307 applies to floodway areas, determined to pursuant to § 17.0309(e); § 17.0308 applies to floodfringe areas, determined to pursuant to § 17.0309(e).
(1) 
New construction and substantial improvement of structures in Zone AO shall have the lowest floor, including basement, elevated:
a. 
To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or
b. 
If the depth is not specified on the FIRM, to or above two feet above the highest adjacent natural grade.
(2) 
New construction and substantial improvement of structures in Zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(3) 
In AO/AH Zones, provide adequate drainage paths to guide floodwaters around structures.
(4) 
All development in Zones AO and Zone AH shall meet the requirements of § 17.0308 applicable to floodfringe areas.
(e) 
Determining floodway and floodfringe limits. Upon receiving an application for development within Zone A, or within Zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the Zoning Administrator shall:
(1) 
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.
(2) 
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:
a. 
A hydrologic and hydraulic study as specified in § 17.0801(b)(2)c.
b. 
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;
c. 
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.