[1]
Editor’s Note: This article, adopted as Art. V, was
renumbered by the codifier for organizational purposes.
[1-19-2022]
The purpose of this article is to set forth the requirements
for the mandatory protection of natural resources and permanently
protected green space areas within the jurisdiction of this chapter
(see Section 98-009). The provisions of this article interact closely
with the provisions of Section 98-204 (Uses permitted in other permanently
protected green space areas), Subsection 98-206(10) (Natural resource
disruption and required mitigation standards), Section 98-303 (Required
natural resources site evaluation), and Sections 98-304 and 98-305,
which provide residential and nonresidential development standards.
Section 98-306 provides a complete overview of the interrelationship
between the above-listed sections. In part, the provisions of this
article are designed to ensure the implementation of the City of Lake
Geneva Comprehensive Master Plan, the environmental protection element
of the Southeastern Wisconsin Regional Planning Commission's (SEWRPC's)
Environmental Corridor Protection Program, and §§ 62.231
and 87.30, Wis. Stats.
[1-19-2022]
This article contains the standards which govern the protection,
disturbance, and mitigation of disruption of all natural resource
and other permanently protected green space areas. The provisions
of this article are intended to supplement those of the City of Lake
Geneva, Walworth County, the State of Wisconsin, and the federal government
of the United States which pertain to natural resource protection.
Prior to using the provisions of this article to determine the permitted
disruption of such areas, the requirements provided below should be
reviewed. This article recognizes the important and diverse benefits
which natural resource features provide in terms of protecting the
health, safety, and general welfare of the community. Each of the
following sections is oriented to each natural resource type, and
is designed to accomplish several objectives:
(1)
First, a definition of the natural resource is provided.
(2)
Second, the specific purposes of the protective regulations
governing each natural resource type are provided.
(3)
Third, the required method of identifying and determining the
boundaries of the natural resource area is given.
(4)
Fourth, mandatory protection requirements are identified.
NOTE: Protection requirements for specific land uses and natural
resource types designed to minimize disruption of natural resource
functions are presented in Subsection 98-206(10).
[1-19-2022; amended 3-28-2022 by Ord. No. 22-03]
(1)
Statutory authorization, finding of fact, statement of purpose,
title and general provisions.
(a)
Statutory authorization. This section is adopted pursuant to
the authorization in §§ 61.35 and 62.23 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 home buyers;
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 the City of Lake Geneva, Wisconsin."
(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 section, 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 (1)(e)2a below. Additional
flood hazard areas subject to regulation under this section are identified
on maps based on studies approved by the DNR and listed in Subsection
(1)(e)2b below. These maps and revisions are on file in the office
of the Planning and Zoning Department of Lake Geneva, Wisconsin.
a.
Official maps: based on the Flood Insurance Study (FIS).
i.
Flood Insurance Rate Map (FIRM), Panel Nos. 55127C0327E,
55127C0332E, 55127C0334E, 55127C0337E, and 55127C0345E dated 4/6/2022;
ii.
Flood Insurance Rate Map (FIRM), Panel Nos. 55127C0329D,
55127C0331D, and 55127C0333D dated 10/2/2009;
iii.
Flood Insurance Study (FIS) 55127CV001C and 55127CV002C
for the City of Lake Geneva (Walworth County), dated 4/6/2022.
iv.
Letter of Map Revision, Case No. 11-05-4839P-550466,
dated 6/4/2012.
Approved by: The DNR 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.
i.
Flood Storage Map, Walworth County and Incorporated
Areas Flood Storage Districts, Panels 11 and 15, dated April 6, 2022,
approved by DNR.
3.
Establishment of floodplain zoning districts. The flood hazard
areas regulated by this section are divided into 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, within AE Zones as shown on the
FIRM, or within A Zones shown on the FIRM when determined according
to Subsection (5)(a)5.
b.
The Floodfringe District (FF) is that portion of a riverine
special flood hazard area outside the floodway within AE Zones on
the FIRM, or, when floodway limits have been determined according
to Subsection (5)(a)5, within A Zones shown on the FIRM.
c.
The General Floodplain District (GFP) is those riverine areas
that may be covered by floodwater during the regional flood in which
a floodway boundary has not been delineated on the FIRM and also includes
shallow flooding areas identified as AH and AO Zones on the FIRM.
d.
The Flood Storage District (FSD) is that area of the floodplain
where storage of floodwaters is calculated to reduce the regional
flood discharge.
4.
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 (1)(e)4a or b below. If a significant difference exists,
the map shall be amended according to Subsection (8), Amendments.
The Zoning Administrator 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 shall be responsible
for documenting actual predevelopment field conditions and the basis
upon which the district boundary was determined. Disputes between
the Zoning Administrator and an applicant over the district boundary
line shall be settled according to Subsection (7)(c)3 and the criteria
in Subsection (1)(e)4a 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 (8), Amendments.
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, AO, the location of the boundary shall be determined
by the map scale.
5.
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 Subsection (8), Amendments.
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 paragraphs are met:
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 44 CFR 70.
6.
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 floodplain development permit shall be a
violation of these regulations and shall be punishable in accordance
with Subsection (9).
c.
Floodplain development 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 Subsection (9).
7.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this section 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.
8.
Abrogation and greater restrictions.
a.
This section supersedes all the provisions of any municipal
zoning ordinance enacted under § 62.23, Wis. Stats., for
cities; 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 section
imposes greater restrictions, the provisions of this section shall
prevail.
9.
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.
10.
Warning and disclaimer of lability. 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 municipality or any officer
or employee thereof for any flood damage that may result from reliance
on this section.
11.
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.
12.
Annexed areas for cities and villages. The Walworth 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
to 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.
(2)
General standards applicable to all floodplain districts. 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.
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1.
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If a proposed building site is in a flood-prone area, all new
construction and substantial improvements shall:
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(a)
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Be designed and anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
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(b)
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Be constructed with flood-resistant materials;
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(c)
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Be constructed by methods and practices that minimize flood
damages; and
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(d)
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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.
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2.
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If a subdivision or other proposed new development is in a flood-prone
area, the community shall assure that:
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(a)
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Such proposed subdivision or other proposed new development
is consistent with the need to minimize flood damage within the flood-prone
area;
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(b)
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Public utilities and facilities such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage; and
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(c)
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Adequate drainage is provided to reduce exposure to flood hazards.
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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 ordinance
and all other requirements in Subsection (7)(a)2.
(a)
Hydraulic and hydrologic analyses.
(b)
Watercourse alterations. No land use 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
(2)(a) 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 Subsection (8), Amendments, 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.
(c)
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 Subsection (8), Amendments.
(d)
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;
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 Subsection (2)(d)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; 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;
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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.
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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 Subsection
(2)(d)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 either Subsection (3),
(4), (5)(a) or (5)(b) 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.
(3)
Floodway District (FW).
(a)
Applicability. This subsection applies to all floodway areas
on the floodplain zoning maps and those identified pursuant to Subsection
(5)(a)5.
(b)
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 (3)(c) and (d); and all permits or
certificates have been issued according to Subsection (7)(a).
1.
Agricultural uses, such as: farming, outdoor plant nurseries,
horticulture, viticulture and wild crop harvesting.
2.
Nonstructural industrial and commercial uses, such as loading
areas, parking areas and airport landing strips.
3.
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 (3)(c)4.
4.
Uses or structures accessory to open space uses or classified
as historic structures that comply with Subsection 3(c) and (d).
5.
Extraction of sand, gravel or other materials that comply with
Subsection (3)(c)4.
6.
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.
7.
Public utilities, streets and bridges that comply with Subsection
3(c)3.
8.
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.
9.
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.
10.
Wastewater treatment ponds or facilities permitted under § NR
110.15(3)(b), Wis. Adm. Code.
11.
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 Subsection
(2) 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 Subsection (2)(a) and Subsection (7)(a)2c.
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 Subsection (3)(c)1b above 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 Subsection (1)(e)5.
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.
Not designed for human habitation, does not have a high flood
damage potential and is constructed to minimize flood damage;
b.
Shall either have the lowest floor elevated to or above the
flood protection elevation or shall meet all the following standards:
i.
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;
ii.
Have structural components capable of meeting all
provisions of Subsection (3)(c)2g; and
iii.
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 (3)(c)2g.
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 Subsection 3(c)2a through e and meets or exceeds the following
standards:
i.
The lowest floor must be elevated to or above the
regional flood elevation;
ii.
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;
iii.
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.
iv.
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:
i.
Reinforcement of floors and walls to resist rupture,
collapse, or lateral movement caused by water pressures or debris
buildup;
ii.
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 Subsection
3(d)4 and 5;
iii.
Subsurface drainage systems to relieve external
pressures on foundation walls and basement floors;
iv.
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains; and
v.
Placement of utilities to or above the flood protection
elevation.
4.
Fills or deposition of materials. Fills or deposition of materials
may be allowed by permit, if:
a.
The requirements of Subsection (2)(a) 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; and
d.
The fill is not classified as a solid or hazardous material.
(d)
Prohibited uses. All uses not listed as permitted uses in Subsection
(3)(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 § 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.
(4)
Floodfringe District (FF).
(a)
Applicability. This subsection applies to all floodfringe areas
shown on the floodplain zoning maps and those identified pursuant
to Subsection (5)(a)5.
(b)
Permitted uses. Any structure, land use, or development is allowed
in the Floodfringe District if the standards in Subsection (4)(c)
are met, the use is not prohibited by this section or any other ordinance
or regulation and all permits or certificates specified in Subsection
(7)(a) have been issued.
(c)
Standards for development in the Floodfringe. Subsection (2) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Subsection (b), Nonconforming uses.
1.
Residential uses. Any structure, including a manufactured home,
which is to be newly constructed or moved into the floodfringe, shall
meet or exceed the following standards. Any existing structure in
the floodfringe must meet the requirements of Subsection (6), Nonconforming
uses.
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 Subsection (1)(e)5.
b.
Notwithstanding Subsection (4)(c)1a, 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 Subsection
(4)(c)1d.
d.
In developments where existing street or sewer line elevations
make compliance with Subsection (4)(c)1c impractical, the municipality
may permit new development and substantial improvements where roads
are below the regional flood elevation, if:
i.
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
ii.
The municipality has a DNR-approved emergency evacuation
plan that follows acceptable hazard mitigation planning guidelines.
2.
Accessory structures or uses. In addition to Subsection (2),
new construction and substantial improvements of accessory structures
shall be constructed on fill with the lowest floor at or above the
regional flood elevation.
3.
Commercial uses. In addition to Subsection (2), any commercial
structure which is erected, altered or moved into the floodfringe
shall meet the requirements of Subsection (4)(c)1. Subject to the
requirements of Subsection (4)(c)5, 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.
4.
Manufacturing and industrial uses. In addition to Subsection
(2), 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 or meet the floodproofing
standards in Subsection (7)(e). Subject to the requirements of Subsection
(4)(c)5, 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.
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
(7)(e). Adequate measures shall be taken to ensure that such materials
will not enter the water body during flooding.
6.
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 Subsection (7)(e).
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.
7.
Sewage systems. All sewage disposal systems shall be designed
to minimize or eliminate infiltration of floodwater into the system,
pursuant to Subsection (7)(e)3, to the flood protection elevation
and meet the provisions of all local ordinances and Ch. SPS 383, Wis.
Adm. Code.
8.
Wells. All wells shall be designed to minimize or eliminate
infiltration of floodwaters into the system, pursuant to Subsection
(7)(e)3, to the flood protection elevation and shall meet the provisions
of Chs. NR 811 and NR 812, Wis. Adm. Code.
9.
Solid waste disposal sites. Disposal of solid or hazardous waste
is prohibited in floodfringe areas.
10.
Deposition of materials. Any deposited material must meet all
the provisions of this section.
11.
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.
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 Subsection
(4)(c)1.
12.
Mobile recreational vehicles. All mobile recreational vehicles
must be on site for less than 180 consecutive days and be either:
a.
Fully licensed and ready for highway use; or
b.
Shall meet the elevation and anchoring requirements in Subsection
(4)(c)11b and c.
|
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.
|
(5)
Other floodplain districts.
(a)
General Floodplain District (GFD).
1.
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 Subsection (1)(e)2a.
2.
Floodway boundaries. 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 Subsection (1)(e)2a, the boundaries
of the regulatory floodway shall be determined pursuant to Subsection
(5)(a)5. If the development is proposed to encroach upon the regulatory
floodway, the development is subject to the standards of Subsection
(3). If the development is located entirely within the floodfringe,
the development is subject to the standards of Subsection (4).
3.
Permitted uses. Pursuant to Subsection (5)(a)5 it shall be determined
whether the proposed use is located within the floodway or floodfringe.
Those uses permitted in the Floodway Subsection (3)(b) and Floodfringe
Subsection (4)(b) Districts are allowed within the General Floodplain
District, according to the standards of Subsection (5)(a)4 provided
that all permits or certificates required under Subsection (7)(a)
have been issued.
4.
Standards for development in the General Floodplain District.
Subsection (3) applies to floodway areas, determined to pursuant to
Subsection (5)(a)5; Subsection (4) applies to floodfringe areas, determined
to pursuant to Subsection (5)(a)5.
a.
New construction and substantial improvement of structures in
Zone AO shall have the lowest floor, including basement, elevated:
b.
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.
c.
In AO/AH Zones, provide adequate drainage paths to guide floodwaters
around structures.
d.
All development in Zone AO and Zone AH shall meet the requirements
of Subsection (4) applicable to floodfringe areas.
5.
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:
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 as specified in
Subsection (7)(a)2c.
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.
(b)
Flood Storage District. The Flood Storage District delineates
that portion of the floodplain where storage of floodwaters has been
taken into account and is relied upon to reduce the regional flood
discharge. The district protects the flood storage areas and assures
that any development in the storage areas will not decrease the effective
flood storage capacity which would cause higher flood elevations.
1.
Applicability. The provisions of this subsection apply to all
areas within the Flood Storage District (FSD), as shown on the official
floodplain zoning maps.
2.
Permitted uses. Any use or development which occurs in a flood
storage district must meet the applicable requirements in Subsection
(4)(c).
3.
Standards for development in flood Storage districts.
a.
Development in a flood storage district shall not cause an increase
equal or greater than 0.00 of a foot in the height of the regional
flood.
b.
No development shall be allowed which removes flood storage
volume unless an equal volume of storage as defined by the predevelopment
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 to provide an equal
volume of storage.
c.
If compensatory storage cannot be provided, the area may not
be developed unless the entire area zoned as flood storage district
- on this waterway - is rezoned to the Floodfringe District. This
must include a revision to the floodplain study and map done for the
waterway to revert to the higher regional flood discharge calculated
without floodplain storage, as per Subsection (8), Amendments, of
this section.
d.
No area may be removed from the Flood Storage District unless
it can be shown that the area has been filled to the flood protection
elevation and is contiguous to other lands lying outside of the floodplain.
(6)
Nonconforming uses.
(a)
General.
1.
Applicability.
a.
The standards in this subsection shall apply to all uses and
buildings that do not conform to the provisions contained within a
floodplain zoning ordinance or with § 87.30, Wis. Stats.
and § NR 116.12-14, Wis. Adm. Code, and 44 CFR 59-72; these
standards 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.
A party asserting existence of a lawfully established nonconforming
use or structure has the burden of proving that the use or structure
was compliant with the floodplain zoning ordinance in effect at the
time the use or structure was created.
b.
As permit applications are received for additions, modifications,
or substantial improvements to nonconforming buildings in the floodplain,
municipalities shall develop a list of those nonconforming buildings,
their present equalized assessed value and a list of the costs of
those activities associated with changes to those buildings.
2.
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:
a.
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.
The construction of a deck that does not exceed 200 square feet
and that is adjacent to the exterior wall of a principal structure
is not an extension, modification or addition. The roof of the structure
may extend over a portion of the deck in order to provide safe ingress
and egress to the principal structure.
b.
If a 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.
c.
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.
d.
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 (4)(c)1. 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.
e.
No maintenance on a per-event basis 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 (4)(c)1. Maintenance to any nonconforming structure,
which does not exceed 50% of its present equalized assessed value
on a per-event basis, does not count against the cumulative calculations
over the life of the structure for substantial improvement calculations.
f.
If on a per-event basis the total value of the work being done
under Subsection (6)(a)2d and e equals or exceeds 50% of the present
equalized assessed value, the work shall not be permitted unless the
entire structure is permanently changed to a conforming structure
with a conforming use in compliance with the applicable requirements
of this section. Contiguous dry land access must be provided for residential
and commercial uses in compliance with Subsection (4)(c)1.
g.
Except as provided in Subsection (6)(a)2h, 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 predamaged condition equals
or exceeds 50% of the structure's present equalized assessed value.
h.
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 following minimum requirements
are met and all required permits have been granted prior to the start
of construction:
i.
Residential structures:
a.
Shall have the lowest floor, including basement,
elevated to or above the flood protection elevation using fill, pilings,
columns, posts or perimeter walls. Perimeter walls must meet the requirements
of Subsection (7)(e)2.
b.
Shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy and shall be
constructed with methods and materials resistant to flood damage.
c.
Shall be constructed with electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities
that are designed and/or elevated so as to prevent water from entering
or accumulating within the components during conditions of flooding.
d.
In A Zones, obtain, review and utilize any flood
data available from a federal, state or other source.
e.
In AO Zones with no elevations specified, shall
have the lowest floor, including basement, meet the standards in Subsection
(5)(a)4.
f.
In AO Zones, shall have adequate drainage paths
around structures on slopes to guide floodwaters around and away from
the structure.
ii.
Nonresidential structures:
a.
Shall meet the requirements of Subsection (6)(a)2hia
to f.
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 (7)(e)1 or 2.
c.
In AO Zones with no elevations specified, shall
have the lowest floor, including basement, meet the standards in Subsection
(5)(a)4.
3.
A nonconforming historic structure may be altered if the alteration
will not preclude the structure's continued designation as an historic
structure, the alteration will comply with Subsection (3)(c)1, flood-resistant
materials are used, and construction practices and floodproofing methods
that comply with Subsection (7)(e) are used. Repair or rehabilitation
of historic structures shall be exempt from the development standards
of Subsection (6)(a)2hi if it is determined that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and is the minimum necessary to preserve
the historic character and design of the structure.
4.
Notwithstanding anything in this chapter to the contrary, modifications,
additions, maintenance, and repairs to a nonconforming building shall
not be prohibited based on cost and the building's nonconforming use
shall be permitted to continue if:
a.
Any living quarters in the nonconforming building are elevated
to be at or above the flood protection elevation;
b.
The lowest floor of the nonconforming building, including the
basement, is elevated to or above the regional flood elevation;
c.
The nonconforming building is permanently changed to conform
to the applicable requirements of Subsection (2);
d.
If the nonconforming building is in the floodway, the building
is permanently changed to conform to the applicable requirements of
Subsections (3)(c)1, 3(c)2b through e, (3)(c)3, (3)(c)4, and (6)(b).
Any development that adds additional fill or creates an encroachment
in the floodplain from beyond the original nonconforming structure's
3-D building envelope must determine the floodway in accordance with
Subsection (5)(a)5. If the encroachment is in the floodway it must
meet the standards in Subsection (3)(c)4;
e.
If the nonconforming building is in the floodfringe, the building
is permanently changed to conform to the applicable requirements of
Subsections (4)(c) and (6)(c);
f.
Repair or reconstruction of nonconforming structures and substantial
improvements of residential buildings in Zones A1-30, AE, and AH must
have the lowest floor (including basement) elevated to or above the
base flood elevation;
g.
Repair or reconstruction of nonconforming structures and substantial
improvements of nonresidential buildings in Zones A1-30, AE, and AH
must have the lowest floor (including basement) elevated to or above
the base flood elevation, or (together with attendant utility and
sanitary facilities) be designed so that below the base flood elevation
the building is watertight with walls substantially impermeable to
the passage of water and with structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy:
i.
Where a nonresidential structure is intended to
be made watertight below the base flood elevation, a registered professional
engineer or architect must develop and/or review structural design,
specifications, and plans for the construction, and must certify that
the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of Subsection (6)(a)4g
above.
ii.
The community must maintain a record of such certification
including the specific elevation to which each such structure is floodproofed;
h.
Fully enclosed areas below the lowest floor of repair or reconstruction
of nonconforming structures and substantial improvements in Zones
A1-30, AE, and AH that are usable solely for parking of vehicles,
building access, or storage, must be designed to adequately equalize
hydrostatic forces on exterior walls by allowing for the entry and
exit of floodwaters. Subsequent improvements to repaired or reconstructed
nonconforming structures must not increase the degree of their nonconformity.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect, or meet the following
criteria:
i.
A minimum of two openings into each enclosed area
must be located below the base flood elevation and provide a total
net area of not less than one square inch for every square foot of
enclosed area.
ii.
The bottom of all openings must be no higher than
one foot above the adjacent grade.
iii.
Openings may be equipped with screens, louvers,
valves, or other coverings if they permit the automatic entry and
exit of floodwaters;
i.
Manufactured homes that are placed or substantially improved
within zones A1-30, AE, and AH outside of a manufactured home park
or subdivision, in a new manufactured home park or subdivision, in
an expansion to an existing manufactured home park or subdivision,
or in an existing manufactured home park or subdivision on which a
manufactured home has incurred substantial damage as a result of flood,
must be elevated on a permanent foundation such that the lowest floor
of the manufactured home is at or above the base flood elevation,
and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement;
j.
Manufactured homes that are placed or substantially improved
within zones A1-30, AE, and AH on existing sites in an existing manufactured
home park that is not undergoing expansion and on which a manufactured
home has not incurred substantial damage as a result of flood must
be elevated so that either the lowest floor of the manufactured home
is at or above the base flood elevation, or the manufactured home
chassis is supported by reinforced piers or other foundation elements
of at least equivalent strength that are no less than 36 inches in
height above grade, and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement;
k.
Recreational vehicles placed on sites within Zones A1-30, AH,
and AE must either:
i.
Be on site for fewer than 180 consecutive days;
or
ii.
Be fully licensed and ready for highway use (a
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
type utilities and security devices, and has no permanently attached
additions); or
iii.
Meet the elevation and anchoring requirements
for manufactured homes in Subsection (6)(a)4i above;
l.
In a regulatory floodway that has been delineated on the FIRM
in Zone A1-30 or AE, encroachments, including repair or reconstruction
of nonconforming structures, substantial improvement, or other development
(including fill) must be prohibited unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that the proposed encroachment
will not result in any increase in flood levels within the community
during the occurrence of the base flood discharge. Subsequent improvements
to repair or reconstruct nonconforming structures must not increase
the degree of their nonconformity;
m.
In Zone A, the community must obtain, review, and reasonably
utilize any base flood elevation and floodway data available from
a federal, state, or other source as criteria for requiring repair
or reconstruction of nonconforming structures, substantial improvement,
and other development to meet Subsection (6)(a)4f through l (inclusive)
above. Any development that adds additional fill or creates an encroachment
in the floodplain from beyond the original nonconforming structure's
3-D building envelope must determine the floodway in accordance with
Subsection (5)(a)5. If the encroachment is in the floodway it must
meet the standards in Subsection (3)(c)4. Subsequent improvements
to repair or reconstruct nonconforming structures must not increase
the degree of their nonconformity;
n.
In Zones A1-30 or AE where a regulatory floodway has not been
delineated on the FIRM, repair or reconstruction of nonconforming
structures, substantial improvement, or any development that adds
additional fill or creates an encroachment in the floodplain from
beyond the original nonconforming structure's 3-D building envelope
must determine the floodway in accordance with Subsection (5)(a)5.
If the encroachment is in the floodway it must meet the standards
in Subsection (3)(c)4. Subsequent improvements to repair or reconstruct
nonconforming structures must not increase the degree of their nonconformity;
o.
In Zone AO, repair or reconstruction of nonconforming structures
and substantial improvements of residential structures must have the
lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the
FIRM (at least two feet if no depth number is specified). Subsequent
improvements to repair or reconstruct nonconforming structures must
not increase the degree of their nonconformity; or
p.
In Zone AO, repair or reconstruction of nonconforming structures
and substantial improvements of nonresidential structures must have
the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the
FIRM (at least two feet if no depth number is specified), or (together
with attendant utility and sanitary facilities) be structurally dry-floodproofed
to that level according to the standard specified in Subsection (6)(a)4g
above. Subsequent improvements to repair or reconstruct nonconforming
structures must not increase the degree of their nonconformity.
(b)
Floodway District.
1.
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:
a.
Has been granted a permit or variance which meets all ordinance
requirements;
b.
Meets the requirements of Subsection (6)(a);
c.
Shall not increase the obstruction to flood flows or regional
flood height;
d.
Any addition to the existing structure shall be floodproofed,
pursuant to Subsection (7)(e), by means other than the use of fill,
to the flood protection elevation; and
e.
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
i.
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;
ii.
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials;
iii.
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
iv.
The use must be limited to parking, building access
or limited storage.
2.
No new on-site sewage disposal system, or addition to an existing
on-site sewage disposal system, except where an addition has been
ordered by a government agency to correct a hazard to public health,
shall be allowed in 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 (7)(e)3 and Ch. SPS 383, Wis. Adm. Code.
3.
No new well or modification to an existing well used to obtain
potable water shall be allowed in the Floodway District. Any replacement,
repair or maintenance of an existing well in the Floodway District
shall meet the applicable requirements of all municipal ordinances,
Subsection (7)(e)3 and Chs. NR 811 and NR 812, Wis. Adm. Code.
(c)
Floodfringe District.
1.
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 (4)(c) except where Subsection
(6)(c)2 is applicable.
2.
Where compliance with the provisions of Subsection (6)(c)1 would
result in unnecessary hardship and only where the structure will not
be used for human habitation or be associated with a high flood damage
potential, the Board of Adjustment/Appeals, using the procedures established
in Subsection (7)(c), may grant a variance from those provisions of
Subsection (6)(c)1 for modifications or additions using the criteria
listed below. Modifications or additions which are protected to elevations
lower than the flood protection elevation may be permitted if:
a.
No floor is allowed below the regional flood elevation for residential
or commercial structures;
b.
Human lives are not endangered;
c.
Public facilities, such as water or sewer, shall not be installed;
d.
Flood depths shall not exceed two feet;
e.
Flood velocities shall not exceed two feet per second; and
f.
The structure shall not be used for storage of materials as
described in Subsection (4)(c)5.
3.
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
(7)(e)3 and Ch. SPS 383, Wis. Adm. Code.
4.
All new wells, or addition to, replacement, repair or maintenance
of a well shall meet the applicable provisions of this section, Subsection
(7)(e)3 and Ch. NR 811 and NR 812, Wis. Adm. Code.
(d)
Flood Storage District. No modifications or additions shall
be allowed to any nonconforming structure in a flood storage area
unless the standards outlined in Subsection (5)(b)3 are met.
(7)
Administration. Where a Zoning Administrator, planning agency
or a Zoning Board of 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.
(a)
Zoning Administrator.
1.
Duties and powers. The Zoning Administrator is authorized to
administer this section and shall have the following duties and powers:
a.
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.
b.
Issue permits and inspect properties for compliance with provisions
of this section and issue certificates of compliance where appropriate.
c.
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred.
d.
Keep records of all official actions such as:
i.
All permits issued, inspections made, and work approved.
ii.
Documentation of certified lowest floor and regional
flood elevations.
iii.
Floodproofing certificates.
iv.
Water surface profiles, floodplain zoning maps
and ordinances, nonconforming uses and structures including changes,
appeals, variances and amendments.
v.
All substantial damage assessment reports for floodplain
structures.
vi.
List of nonconforming structures and uses.
e.
Submit copies of the following items to the Department Regional
office:
i.
Within 10 days of the decision, a copy of any decisions
on variances, appeals for map or text interpretations, and map or
text amendments;
ii.
Copies of case-by-case analyses and other required
information;
iii.
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments.
f.
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.
g.
Submit copies of amendments to the FEMA Regional office.
2.
Land use permit. A land use permit shall be obtained before
any 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. Application to the Zoning Administrator
shall include:
b.
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
i.
Location, dimensions, area and elevation of the
lot;
ii.
Location of the ordinary high water mark of any
abutting navigable waterways;
iii.
Location of any structures with distances measured
from the lot lines and street center lines;
iv.
Location of any existing or proposed on-site sewage
systems or private water supply systems;
v.
Location and elevation of existing or future access
roads;
vi.
Location of floodplain and floodway limits as determined
from the official floodplain zoning maps;
vii.
The elevation of the lowest floor of proposed
buildings and any fill using the vertical datum from the adopted study
- Either National Geodetic Vertical Datum (NGVD) or North American
Vertical Datum (NAVD);
viii.
Data sufficient to determine the regional flood
elevation in NGVD or NAVD at the location of the development and to
determine whether or not the requirements of Subsection (3) or (4)
are met; and
ix.
Data to determine if the proposed development will
cause an obstruction to flow or an increase in regional flood height
or discharge according to Subsection (2)(a). This may include any
of the information noted in Subsection (3)(c)1.
c.
Hydraulic and hydrologic
studies to analyze development. All hydraulic and hydrologic studies
shall be completed under the direct supervision of a professional
engineer registered in the state. The study contractor shall be responsible
for the technical adequacy of the study. All studies shall be reviewed
and approved by the Department.
i.
Zone A floodplains and in AE Zones within which
a floodway is not delineated:
a.
Hydrology.
1.
The appropriate method shall be based on the standards
in Ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
b.
Hydraulic modeling. The regional flood elevation
shall be based on the standards in Ch. NR 116.07(4), Wis. Admin. Code,
Hydraulic Analysis: Determination of Regional Flood Elevation, and
the following:
1.
Determination of the required limits of the hydraulic
model shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate starting WSEL
for the study.
2.
Channel sections must be surveyed.
3.
Minimum four-foot contour data in the overbanks
shall be used for the development of cross section overbank and floodplain
mapping.
4.
A maximum distance of 500 feet between cross sections
is allowed in developed areas with additional intermediate cross sections
required at transitions in channel bottom slope including a survey
of the channel at each location.
5.
The most current version of HEC-RAS shall be used.
6.
A survey of bridge and culvert openings and the
top of road is required at each structure.
7.
Additional cross sections are required at the downstream
and upstream limits of the proposed development and any necessary
intermediate locations based on the length of the reach if greater
than 500 feet.
8.
Standard accepted engineering practices shall be
used when assigning parameters for the base model such as flow, Manning's
N values, expansion and contraction coefficients or effective flow
limits. The base model shall be calibrated to past flooding data such
as high water marks to determine the reasonableness of the model results.
If no historical data is available, adequate justification shall be
provided for any parameters outside standard accepted engineering
practices.
9.
The model must extend past the upstream limit of
the difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference between
the proposed flood profile and the existing study profiles shall be
no more than 0.00 feet.
c.
Mapping. A work map of the reach studied shall be
provided, showing all cross-section locations, floodway/floodplain
limits based on best available topographic data, geographic limits
of the proposed development and whether the proposed development is
located in the floodway.
1.
If the proposed development is located outside of
the floodway, then it is determined to have no impact on the regional
flood elevation.
2.
If any part of the proposed development is in the
floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that
all coefficients remain the same as in the existing model, unless
adequate justification based on standard accepted engineering practices
is provided.
ii.
Zone AE floodplains.
a.
Hydrology. If the proposed hydrology will change
the existing study, the appropriate method to be used shall be based
on Ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
b.
Hydraulic model. The regional flood elevation shall
be based on the standards in Ch. NR 116.07(4), Wis. Admin. Code, Hydraulic
Analysis: Determination of Regional Flood Elevation, and the following:
1.
Duplicate Effective Model. The effective model shall
be reproduced to ensure correct transference of the model data and
to allow integration of the revised data to provide a continuous FIS
model upstream and downstream of the revised reach. If data from the
effective model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
2.
Corrected Effective Model. The Corrected Effective
Model shall not include any man-made physical changes since the effective
model date but shall import the model into the most current version
of HEC-RAS for Department review.
3.
Existing (Pre-Project Conditions) Model. The Existing
Model shall be required to support conclusions about the actual impacts
of the project associated with the Revised (Post-Project) Model or
to establish more up-to-date models on which to base the Revised (Post-Project)
Model.
4.
Revised (Post-Project Conditions) Model. The Revised
(Post-Project Conditions) Model shall incorporate the Existing Model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
5.
All changes to the Duplicate Effective Model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
6.
Changes to the hydraulic models shall be limited
to the stream reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall be identical
to those in the effective model and result in water surface elevations
and top widths computed by the revised models matching those in the
effective models upstream and downstream of the revised reach as required.
The Effective Model shall not be truncated.
c.
Mapping. Maps and associated engineering data shall
be submitted to the Department for review which meet the following
conditions:
1.
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary
Floodway Maps (FBFMs), construction plans, bridge plans.
2.
Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order
that the FIRM may be more easily revised.
3.
Annotated FIRM panel showing the revised 1% and
0.2% annual chance floodplains and floodway boundaries.
4.
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used then all supporting documentation or metadata
must be included with the data submission along with the Universal
Transverse Mercator (UTM) projection and State Plane Coordinate System
in accordance with FEMA mapping specifications.
5.
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
6.
All cross sections from the effective model shall
be labeled in accordance with the effective map and a cross section
lookup table shall be included to relate to the model input numbering
scheme.
7.
Both the current and proposed floodways shall be
shown on the map.
8.
The stream center line, or profile baseline used
to measure stream distances in the model shall be visible on the map.
d.
Expiration. All permits issued under the authority
of this section shall expire no more than 180 days after issuance.
The permit may be extended for a maximum of 180 days for good and
sufficient cause. If the permitted work has not started within 180
days of the permit date, the development must comply with any regulation,
including any revision to the FIRM or FIS, that took effect after
the permit date.
3.
Certificate of compliance. No land shall be occupied or used,
and no building which is hereafter constructed, altered, added to,
modified, repaired, rebuilt or replaced shall be occupied until a
certificate of compliance is issued by the Zoning Administrator, except
where no permit is required, subject to the following provisions:
a.
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this section;
b.
Application for such certificate shall be concurrent with the
application for a permit;
c.
If all ordinance provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed;
d.
The applicant shall submit a certification signed by a registered
professional engineer, architect or land surveyor that the fill, lowest
floor and floodproofing elevations are in compliance with the permit
issued. Floodproofing measures also require certification by a registered
professional engineer or architect that the requirements of Subsection
(7)(e) are met.
e.
Where applicable pursuant to Subsection (5)(a)4, the applicant
must submit a certification by a registered professional engineer
or surveyor of the elevation of the bottom of the lowest horizontal
structural member supporting the lowest floor (excluding pilings or
columns), and an indication of whether the structure contains a basement.
f.
Where applicable pursuant to Subsection (5)(a)4, the applicant
must submit certifications by a registered professional engineer or
architect that the structural design and methods of construction meet
accepted standards of practice as required by Subsection (5)(a)4.
4.
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 § 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
(c)
Zoning Board of Appeals. The Zoning Board of 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.
1.
Powers and duties. The Zoning Board of Appeals shall:
a.
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;
b.
Boundary disputes: hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map; and
c.
Variances: hear and decide, upon appeal, variances from the
ordinance standards.
2.
Appeals to the Board.
a.
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.
b.
Notice and hearing for appeals including variances.
i.
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.
c.
Decision. The final decision regarding the appeal or variance
application shall:
i.
Be made within a reasonable time;
ii.
Be sent to the Department Regional office within
10 days of the decision;
iii.
Be a written determination signed by the chairman
or secretary of the Board;
iv.
State the specific facts which are the basis for
the Board's decision;
v.
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
vi.
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.
3.
Boundary disputes. The following procedure shall be used by
the Board in hearing disputes concerning floodplain district boundaries:
a.
If a floodplain district boundary is established by approximate
or detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary.
b.
The person contesting the boundary location shall be given a
reasonable opportunity to present arguments and technical evidence
to the Board; and
c.
If the boundary is incorrectly mapped, the Board should inform
the zoning committee or the person contesting the boundary location
to petition the governing body for a map amendment according to Subsection
(8), Amendments.
4.
Variance.
a.
The Board may, upon appeal, grant a variance from the standards
of this section if an applicant convincingly demonstrates that:
i.
Literal enforcement of the section will cause unnecessary
hardship;
ii.
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;
iii.
The variance is not contrary to the public interest;
and
iv.
The variance is consistent with the purpose of
this section in Subsection (1)(c).
b.
In addition to the criteria in Subsection (7)(c)4a, to qualify
for a variance under FEMA regulations, the Board must find that the
following criteria have been met:
i.
The variance shall not cause any increase in the
regional flood elevation;
ii.
The applicant has shown good and sufficient cause
for issuance of the variance;
iii.
Failure to grant the variance would result in
exceptional hardship;
iv.
Granting the variance will not result in additional
threats to public safety, extraordinary expense, create a nuisance,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances;
v.
The variance granted is the minimum necessary, considering
the flood hazard, to afford relief.
c.
A variance shall not:
i.
Grant, extend or increase any use prohibited in
the zoning district;
ii.
Be granted for a hardship based solely on an economic
gain or loss;
iii.
Be granted for a hardship which is self-created;
iv.
Damage the rights or property values of other persons
in the area;
v.
Allow actions without the amendments to this section
or map(s) required in Subsection (8), Amendments; and
vi.
Allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
d.
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.
(d)
To review appeals of permit denials.
1.
The zoning agency [Subsection (7)(b)] or Board shall review
all data related to the appeal. This may include:
a.
Permit application data listed in Subsection (7)(a)2;
b.
Floodway/floodfringe determination data in Subsection (5)(a)5;
c.
Data listed in Subsection (3)(c)1b where the applicant has not
submitted this information to the Zoning Administrator; and
d.
Other data submitted with the application or submitted to the
Board with the appeal.
3.
For appeals concerning increases in regional flood elevation
the Board shall:
a.
Uphold the denial where the Board agrees with the data showing
an increase in flood elevation. Increases 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 (8), Amendments; and
b.
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.
(e)
Floodproofing standards.
1.
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 or above the flood protection elevation
and submits a FEMA floodproofing certificate. Floodproofing is not
an alternative to the development standards in Subsections (2), (3),
(4), (5)(a) or (5)(b).
2.
For a structure designed to allow the entry of floodwaters,
no permit or variance shall be issued until the applicant submits
a plan either:
a.
Certified by a registered professional engineer or architect;
or
b.
Meeting or exceeding the following standards:
i.
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;
ii.
The bottom of all openings shall be no higher than
one foot above grade; and
iii.
Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
3.
Floodproofing measures shall be designed, as appropriate, to:
a.
Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
b.
Protect structures to the flood protection elevation;
c.
Anchor structures to foundations to resist flotation and lateral
movement;
d.
Minimize or eliminate infiltration of floodwaters;
e.
Minimize or eliminate discharges into floodwaters;
f.
Placement of essential utilities to or above the flood protection
elevation; and
g.
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
i.
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;
ii.
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials;
iii.
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
iv.
The use must be limited to parking, building access
or limited storage.
(8)
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 (8)1.
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 (8)1. Any such alterations
must be reviewed and approved by FEMA and the DNR.
2.
In
A Zones increases equal to or greater than 1.0 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 (8)1.
(a)
General. The governing body shall change or supplement the floodplain
zoning district boundaries and this section in the manner outlined
in Subsection (8)2(b) 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:
1.
Any fill or floodway encroachment that obstructs flow causing
any increase in the regional flood height;
2.
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM;
3.
Any changes to any other officially adopted floodplain maps
listed in Subsection (1)(e)2b;
4.
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;
5.
Correction of discrepancies between the water surface profiles
and floodplain maps;
6.
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
7.
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the floodfringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
(b)
Procedures. Ordinance amendments may be made upon petition of any
party according to the provisions of § 62.23, Wis. Stats.,
for cities and villages. The petitions shall include all data required
by Subsection (5)(a)5 and (7)(a)2. The land use permit shall not be
issued until a letter of map revision is issued by FEMA for the proposed
changes.
1.
The proposed amendment shall be referred to the zoning agency
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.,
for cities and villages.
2.
No amendments shall become effective until reviewed and approved
by the Department.
3.
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.
(9)
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.
(10)
A ZONES
ACCESSORY STRUCTURE OR USE
AH ZONE
ALTERATION
AO ZONE
AREA OF SHALLOW FLOODING
BASE FLOOD
BASEMENT
BREAKAWAY WALL
BUILDING
BULKHEAD LINE
CAMPGROUND
CAMPING UNIT
CERTIFICATE OF COMPLIANCE
CHANNEL
CRAWLWAYS or CRAWL SPACE
DECK
DEPARTMENT
DEVELOPMENT
DRY LAND ACCESS
ENCROACHMENT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD FREQUENCY
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOOD or FLOODING
1.
2.
3.
4.
FLOOD PROFILE
FLOOD PROTECTION ELEVATION
FLOOD STORAGE
FLOODFRINGE
FLOODPLAIN
FLOODPLAIN ISLAND
FLOODPLAIN MANAGEMENT
FLOODPROOFING
FLOODWAY
FREEBOARD
HABITABLE STRUCTURE
HEARING NOTICE
HIGH FLOOD DAMAGE POTENTIAL
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
INCREASE IN REGIONAL FLOOD HEIGHT
LAND USE
LOWEST ADJACENT GRADE
LOWEST FLOOR
MAINTENANCE
MANUFACTURED HOME
MOBILE RECREATIONAL VEHICLE
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING
MODEL, CORRECTED EFFECTIVE
MODEL, DUPLICATE EFFECTIVE
MODEL, EFFECTIVE
MODEL, EXISTING (PRE-PROJECT)
MODEL, REVISED (POST-PROJECT)
MUNICIPALITY or MUNICIPAL
NAVD or NORTH AMERICAN VERTICAL DATUM
NEW CONSTRUCTION
NGVD or NATIONAL GEODETIC VERTICAL DATUM
NON-FLOOD DISASTER
NONCONFORMING STRUCTURE
NONCONFORMING USE
OBSTRUCTION TO FLOW
OFFICIAL FLOODPLAIN ZONING MAP
OPEN SPACE USE
ORDINARY HIGH WATER MARK
PERSON
PRIVATE SEWAGE SYSTEM
PUBLIC UTILITIES
REASONABLY SAFE FROM FLOODING
REGIONAL FLOOD
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNNECESSARY HARDSHIP
VARIANCE
VIOLATION
WATER SURFACE PROFILE
WATERSHED
WELL
Definitions. Unless specifically
defined, words and phrases in this section shall have their common
law meaning and shall be applied in accordance with their common usage.
Words used in the present tense include the future, the singular number
includes the plural and the plural number includes the singular. The
word "may" is permissive, "shall" is mandatory and is not discretionary.
Those areas shown on the Official Floodplain Zoning Map which
would be inundated by the regional flood. These areas may be numbered
or unnumbered A Zones. The A Zones may or may not be reflective of
flood profiles, depending on the availability of data for a given
area.
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building.
An accessory structure shall not be used for human habitation.
See "area of shallow flooding."
An enhancement, upgrade or substantial change or modification
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air conditioning and other systems within a
structure.
See "area of shallow flooding."
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a one-percent-or-greater annual
chance of flooding to an average depth of one foot to three feet where
a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flood may be evident. Such flooding
is characterized by ponding or sheet flow.
The flood having a one-percent chance of being equaled or
exceeded in any given year, as published by FEMA as part of a FIS
and depicted on a FIRM.
Any enclosed area of a building having its floor subgrade
on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
See "structure."
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., and which allows limited
filling between this bulkhead line and the original ordinary high
water mark, except where such filling is prohibited by the floodway
provisions of this section.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
trailer, motor home, bus, van, pickup truck, or tent that is fully
licensed, if required, and ready for highway use.
A certification that the construction and the use of land
or a building, the elevation of fill or the lowest floor of a structure
is in compliance with all of the provisions of this section.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing
and electrical utilities.
An unenclosed exterior structure that has no roof or sides
and has a permeable floor which allows the infiltration of precipitation.
The Wisconsin Department of Natural Resources.
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
Any fill, structure, equipment, use or development in the
floodway.
The federal agency that administers the National Flood Insurance
Program.
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average once in a specified
number of years or as a percent chance of occurring in any given year.
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
A map of a community on which the Federal Insurance Administration
has delineated both the floodplain and the risk premium zones applicable
to the community. This map can only be amended by the Federal Emergency
Management Agency.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance
Study, form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface waters from any
source;
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
The sudden increase caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
An elevation of two feet of freeboard above the regional
flood elevation. (Also see: "freeboard.")
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe and
may include other designated floodplain areas for regulatory purposes.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or stream bed.
Any structure or portion thereof used or designed for human
habitation.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. For appeals, a Class 1 notice, published once at least
one week (seven days) before the hearing, is required. For all zoning
ordinances and amendments, a Class 2 notice, published twice, once
each week consecutively, the last at least a week (seven days) before
the hearing. Local ordinances or bylaws may require additional notice,
exceeding these minimums.
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is either:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior; or by the Secretary of the Interior in
states without approved programs.
A calculated upward rise in the regional flood elevation
greater than 0.00 foot, based on a comparison of existing conditions
and proposed conditions which is directly attributable to development
in the floodplain but not attributable to manipulation of mathematical
variables such as roughness factors, expansion and contraction coefficients
and discharge.
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
The lowest floor of the lowest enclosed area (including basement).
The act or process of ordinary upkeep and repairs, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
The term "manufactured home" includes a mobile home but does not include
a "mobile recreational vehicle."
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicles."
A parcel (or contiguous parcels) of land, divided into two
or more manufactured home lots for rent or sale.
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this
section. At a minimum, this would include the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading, or the pouring of concrete
pads.
A hydraulic engineering model that corrects any errors that
occur in the Duplicate Effective Model, adds any additional cross
sections to the Duplicate Effective Model, or incorporates more detailed
topographic information than that used in the current effective model.
A copy of the hydraulic analysis used in the effective FIS
and referred to as the effective model.
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
A modification of the Duplicate Effective Model or Corrected
Effective Model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the effective
model, then this model would be identical to the Corrected Effective
Model or Duplicate Effective Model.
A modification of the Existing or Pre-Project Conditions
Model, Duplicate Effective Model or Corrected Effective Model to reflect
revised or post-project conditions.
The county, city or village governmental units enacting,
administering and enforcing this zoning ordinance.
Elevations referenced to mean sea level datum, 1988 adjustment.
Structures for which the start of construction commenced
on or after the effective date of a floodplain zoning regulation adopted
by this community and includes any subsequent improvements to such
structures.
Elevations referenced to mean sea level datum, 1929 adjustment.
A fire or an ice storm, tornado, windstorm, mudslide or other
destructive act of nature, but excludes a flood.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
section for the area of the floodplain which it occupies. (For example,
an existing residential structure in the floodfringe district is a
conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this section
for the area of the floodplain which it occupies (such as a residence
in the floodway).
Any development which blocks the conveyance of floodwaters
such that this development alone or together with any future development
will cause an increase in regional flood height.
That map, adopted and made part of this section, as described
in Subsection (1)(e)2, which has been approved by the Department and
FEMA.
Those uses having a relatively low flood damage potential
and not involving structures.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved
by the Department of Safety and Professional Services, including a
substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located
on a different parcel than the structure.
Those utilities using underground or overhead transmission
lines such as electric, telephone and telegraph, and distribution
and collection systems such as water, sanitary sewer and storm sewer.
Base floodwaters will not inundate the land or damage structures
to be removed from the floodplain and that any subsurface waters related
to the base flood will not damage existing or proposed buildings.
A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a
one-percent chance of being equaled or exceeded in any given year,
and if depicted on the FIRM, the RFE is equivalent to the BFE.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
initial excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For an alteration, the actual start
of construction means the first alteration of any wall, ceiling, floor
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, streambed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
Has the meaning given in § 236.02(12), Wis. Stats.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not include either any project for the
improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and
that are the minimum necessary to assure safe living conditions; or
any alteration of an historic structure provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of the section.
An authorization by the board of adjustment or appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in the floodplain zoning ordinance.
The failure of a structure or other development to be fully
compliant with the floodplain zoning ordinance. A structure or other
development without required permits, lowest floor elevation documentation,
floodproofing certificates or required floodway encroachment calculations
is presumed to be in violation until such time as that documentation
is provided.
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
The entire region contributing runoff or surface water to
a watercourse or body of water.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
[1-19-2022]
(1)
Statutory authorization, findings of fact, and statement of
purpose:
(a)
Statutory authorization: This section is adopted pursuant to
the authorization in §§ 62.23, 62.231, 87.30 and 144.26,
Wis. Stats.
(b)
Finding of fact and purpose. Uncontrolled use of the shoreland-wetlands
and pollution of the navigable waters of the City 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:
1.
Promote the public health, safety, convenience and general welfare.
2.
Maintain the storm and floodwater storage capacity of wetlands.
3.
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters.
4.
Protect fish, their spawning grounds, other aquatic life and
wildlife by preserving wetlands and other aquatic habitat.
5.
Prohibit certain uses detrimental to the shoreland-wetland area.
6.
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earth moving activities.
(2)
General provisions.
(a)
Compliance. The use of wetlands and the alteration of wetlands
within the shoreland area of the City shall be in full compliance
with the terms of this section and other applicable local, State or
federal regulations. However, see Subsection (5) for standards applicable
to nonconforming uses. All permitted development shall require the
issuance of a zoning permit, unless otherwise expressly excluded by
a provision of this section.
(b)
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns and counties are required
to comply with this section and obtain all necessary permits. State
agencies are required to comply if § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
are exempt when § 30.12(4)(a), Wis. Stats., applies.
(c)
Abrogation and greater restrictions:
1.
This section supersedes all the provisions of any City zoning
ordinance enacted under §§ 62.23 or 87.30, Wis. Stats.,
which relate to floodplains and shoreland-wetlands, except that where
another City zoning ordinance is more restrictive than this section,
that ordinance shall continue in full force and effect to the extent
of the greater restrictions, but not otherwise.
2.
This section 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.
(d)
Interpretation. In their interpretation and application, the
provisions of this section shall be held to be minimum requirements
and shall be liberally construed in favor of the City and shall not
be deemed a limitation or repeal of any other powers granted by the
Wisconsin Statutes. Where a provision of this section is required
by a standard in Ch. NR 117, Wis. Adm. Code, and where the section
provision is unclear, the provision shall be interpreted in light
of Ch. NR 117 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.
(e)
Severability. Should any portion of this section be declared
invalid or unconstitutional by a court of competent jurisdiction,
the remainder of this section shall not be affected.
(f)
Annexed areas. The Walworth County shoreland zoning provisions
in effect on the date of annexation remain in effect administered
by the City after May 7, 1982. These annexed lands are described on
the City's official zoning map. The Walworth County shoreland zoning
provisions are incorporated by reference for the purpose of administering
this section and are on file in the office of the City Zoning Administrator.
(3)
Definitions:
(a)
For the purpose of administering and enforcing this section,
the terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future; words in the singular
number include the plural number; words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances, unless otherwise specified, shall be measured horizontally.
(b)
The following terms used in this section have the meanings indicated:
1.
Accessory structure or use. A detached subordinate structure
or a use which is clearly incidental to and customarily found in connection
with the principle structure or use to which it is related and which
is located on the same lot as that of the principle structure or use.
2.
Boathouse. (Am. MSC '90) As defined in § 30.01(1d),
Wis. Stats., means a structure used for the storage of watercraft
and associated materials which has one or more walls or sides.
3.
Class 2 Public Notice. Publication of a public hearing notice
under Chapter 985, Wis. Stats., in a newspaper of circulation in the
affected area. Publication is required on two consecutive weeks, the
last at least seven days prior to hearing.
4.
Conditional use. A use which is permitted by this section, provided
that certain conditions specified in this section are met and that
a permit is granted by the City Council.
5.
Department. The Wisconsin Department of Natural Resources.
6.
Development. Any man-made change to improved or unimproved real
estate including, but not limited to, the construction of buildings,
structures or accessory structures; the construction of additions
or substantial alterations to buildings, structures or accessory structures;
the placement of buildings or structures; ditching, lagooning, dredging,
filling, grading, paving, excavation or drilling operations; and the
deposition or extraction of earthen materials.
7.
Drainage system. One or more artificial ditches, tile drains
or similar devices which collect surface runoff or groundwater and
convey it to a point of discharge.
8.
Environmental control facility. Any facility, temporary or permanent,
which is reasonably expected to abate, reduce or aid in the prevention,
measurement, control or monitoring of noise, air or water pollutants,
solid waste and thermal pollution, radiation or other pollutants,
including facilities installed principally to supplement or to replace
existing property or equipment not meeting or allegedly not meeting
acceptable pollution control standards or which are to be supplemented
or replaced by other pollution control facilities.
9.
Fixed houseboat. (Am. MSC '91) As defined in § 30.01(1r),
Wis. Stats., means a structure not actually used for navigation which
extends beyond the ordinary high water mark of a navigable waterway
and is retained in place, either by cables to the shoreline or by
anchors or spudpoles attached to the bed of the waterway.
10.
Navigable waters.
a.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. Under § 144.26(2)(d), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 62.231, Wis. Stats.,
and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to
farm drainage ditches if:
b.
Wisconsin's Supreme Court has declared navigable bodies of water
that have a bed differentiated from adjacent uplands and levels or
flow sufficient to support navigation by a recreational craft of the
shallowest draft on an annually recurring basis [Muench v. Public
Service, 261 Wis. 492 (1952), and DeGaynor and Co., Inc., v. Department
of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream
which is navigable by skiff or canoe during normal spring high water
is navigable, in fact, under the laws of this state though it may
be dry during other seasons.
11.
Ordinary high water mark. The point on the bank or shore up
to which the presence and action of surface water is so continuous
as to leave a distinctive mark, such as by erosion, destruction or
prevention of terrestrial vegetation, predominance of aquatic vegetation
or other easily recognized characteristic.
12.
Planning Agency. The Municipal Plan Commission created under
§ 62.23(1), Wis. Stats., a board of public land commissioners
or a committee of the municipality's governing body which acts on
matters pertaining to planning and zoning.
13.
Shorelands. Lands within the following distances from the ordinary
high water mark of navigable waters: 1,000 feet from a lake, pond
or flowage and 300 feet from a river or stream or to the landward
side of the floodplain, whichever distance is greater.
14.
Shoreland-Wetland District. The zoning district created in this
section, comprised of shorelands that are designated as wetlands on
the wetland inventory maps which have been adopted and made a part
of this section.
15.
Unnecessary hardship. That circumstance where special conditions,
which were not self-created, affect a particular property and make
strict conformity with restrictions governing area, setbacks, frontage
height or density unnecessarily burdensome or unreasonable in light
of the purposes of this section.
16.
Variance. An authorization granted by the Board of Appeals to
construct or alter a building or structure in a manner that deviates
from the dimensional standards of this section.
17.
Wetlands. Those areas where water is at, near or above the land
surface long enough to support aquatic or hydrophytic vegetation and
which have soils indicative of wet conditions.
18.
Wetland alteration. Any filling flooding, draining, dredging,
ditching, tiling, excavating, temporary water level stabilization
measures or dike and dam construction in a wetland area.
(4)
Shoreland-Wetland Zoning District C-2:
(a)
Shoreland-Wetland Zoning Maps. The following maps are hereby
adopted and made part of this section and are on file in the office
of the City Clerk:
1.
Wisconsin wetland inventory maps, stamped "final" on December
11, 1986 and "final revised" March 27, 1987.
2.
Floodplain zoning maps titled "FIRM" (Flood Insurance Rate Map)
and dated December 1, 1982.
3.
United States Geological Survey maps dated 1976.
4.
Zoning map titled "City of Lake Geneva Zoning Map" and dated
August 22, 1983.
(b)
District boundaries:
1.
The Shoreland-Wetland Zoning District includes all wetlands
in the City shown on the final wetland inventory map that has been
adopted and made part of this section and which are:
a.
Within 1,000 feet of the ordinary high water mark of navigable
lakes, pond, flowages. Lakes, ponds or flowages in the City shall
be presumed to be navigable if they are shown on the United States
Geological Survey quadrangle maps or other zoning base maps which
have been incorporated by reference and made a part of this section.
b.
Within 300 feet of the ordinary high water mark of navigable
rivers or streams or to the landward side of the floodplain whichever
distance is greater. Rivers and streams shall be presumed to be navigable
if they are designated as either continuous or intermittent waterways
on the United States Geological Survey quadrangle maps or other base
maps which have been incorporated by reference and made a part of
this section. Floodplain zoning maps adopted in subsection (4)(a)2.
shall be used to determine the extent of floodplain areas.
2.
Determinations of navigability and ordinary high water location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Department for a final determination of navigability
or ordinary high water mark.
3.
When an apparent discrepancy exists between the Shoreland-Wetland
District boundary shown on the Official Zoning Maps and actual field
conditions at the time the maps were adopted, the Zoning Administrator
shall contact the appropriate district office of the Department to
determine if the Shoreland-Wetland District boundary as mapped is
in error. If Department staff concur with the Zoning Administrator
that a particular area was incorrectly mapped as a wetland, the Zoning
Administrator shall have the authority to immediately grant or deny
a zoning permit in accordance with the regulations applicable to the
correct zoning district. In order to correct wetland mapping errors
or acknowledge exempted wetlands designated in Subsections (4)(b)4
and 5 below, the Zoning Administrator shall be responsible for initiating
a map amendment within a reasonable period.
4.
Wetlands which are filled prior to December 11, 1986, the date
on which the City received final wetland inventory maps, in a manner
which affects their wetland characteristics to the extent that the
area can no longer be defined as wetland are not subject to this section.
5.
Wetlands located between the original ordinary high water mark
and a bulkhead line established prior to May 7, 1982, under § 30.11,
Wis. Stats., are not subject to this section.
(c)
Permitted uses. The following uses are permitted, subject to
the provisions of this section and of other local, state and federal
laws, if applicable:
1.
Activities and uses which do not require the issuance of a zoning
permit, provided that no wetland alteration occurs:
a.
Hiking, fishing, trapping, hunting, swimming, snowmobiling and
boating.
b.
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, tree fruits and tree seeds, in a manner that is
not injurious to the natural reproduction of such crops.
c.
The practice of silviculture, including the planting, thinning
and harvesting of timber.
d.
The pasturing of livestock.
e.
The construction and maintenance of duck blinds.
2.
Uses which do not require the issuance of a zoning permit and
which may involve wetland alterations only to the extent specifically
provided below:
a.
The practice of silviculture, including limited temporary water
level stabilization measures which are necessary to alleviate abnormally
wet or dry conditions which would have an adverse impact on the conduct
of silvicultural activities if not corrected.
b.
The cultivation of cranberries, including limited wetland alterations
necessary for the purposes of growing and harvesting cranberries.
c.
The maintenance and repair of existing drainage systems to restore
preexisting levels of drainage, including the minimum amount of filling
necessary to dispose of dredged spoil, provided that the filling is
otherwise permissible and that dredged spoil is placed on existing
spoil banks, where possible.
d.
The construction and maintenance of fences for the pasturing
of livestock, including limited excavating and filling necessary for
such construction or maintenance.
e.
The construction and maintenance of piers, docks, walkways,
observation decks and trail bridges built in pilings, including limited
excavating and filling necessary for such construction or maintenance.
f.
The installation and maintenance of sealed tiles for the purpose
of draining lands outside the Shoreland-Wetland Zoning District, provided
that such installation or maintenance is done in a manner designed
to minimize adverse impacts upon the natural functions of the shoreland-wetland
listed in Subsection (14).
g.
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
3.
Uses which are allowed upon the
issuance of a conditional use permit and which may include wetland
alterations only to the extent specifically provided below:
a.
The construction and maintenance of roads which are necessary
for the continuity of the City street system, the provision of essential
utility and emergency services or to provide access to uses permitted
under this subsection, provided that:
i.
The road cannot, as a practical matter, be located
outside the wetland.
ii.
The road is designed and constructed to minimize
adverse impacts upon the natural functions of the wetland listed in
Subsection (14).
iii.
The road is designed and constructed with the
minimum cross-sectional area practical to serve the intended use.
iv.
Road construction activities are carried out in
the immediate roadbed area only.
v.
Any wetland alteration must be necessary for the
construction or maintenance of the road.
b.
The construction and maintenance of nonresidential buildings,
provided that:
i.
The building is used solely in conjunction with
a use permitted in the Shoreland-Wetland District or for the raising
of waterfowl, minnows, or other wetland or aquatic animals.
ii.
The building cannot, as a practical matter, be
located outside the wetland.
iii.
The building does not exceed 500 square feet in
floor area.
iv.
Only limited filling and excavating necessary to
provide structural support for the building is allowed.
c.
The establishment and development of public and private parks
and recreation areas, outdoor education areas, historic, natural and
scientific areas, game refuges and closed areas, fish and wildlife
habitat improvement projects, game bird and animal farms, wildlife
preserves and public boat launching ramps, provided that:
i.
Any private development allowed under this subsection
shall be used exclusively for the permitted purpose.
ii.
Only limited filling and excavating necessary for
the development of public boat launching ramps, swimming beaches or
the construction of park shelters or similar structures is allowed.
iii.
The construction and maintenance of roads necessary
for the uses permitted under this subsection are allowed only where
such construction and maintenance meets the criteria in Subsection
(4)(c)3a.
iv.
Wetland alterations in game refuges and closed
areas, fish and wildlife habitat improvement projects, game bird and
animal farms and wildlife preserves shall be for the purpose of improving
wildlife habitat or to otherwise enhance wetland values.
d.
The construction and maintenance of electric and telephone transmission
lines, water and gas distribution lines and sewage collection lines
and related facilities and the construction and maintenance of railroad
lines, provided that:
i.
The utility transmission and distribution facilities
and railroad lines cannot, as a practical matter, be located outside
the wetland.
ii.
Only limited filling or excavating necessary for
such construction or maintenance is allowed.
iii.
Such construction or maintenance is done in a
manner designed to minimize adverse impacts upon the natural functions
of the wetland listed in Subsection (14).
(d)
Prohibited uses:
1.
Any use not listed in Subsection (4)(c), above, is prohibited,
unless the wetland or a portion of the wetland has been rezoned by
amendment of this section in accordance with Subsection (14).
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 waters are prohibited.
(5)
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 this section, including the routine
maintenance of such a building or structure, may be continued, subject
to the following conditions:
(a)
The shoreland-wetland provisions of this section authorized
by § 62.231, Wis. Stats., shall not limit the repair, reconstruction,
renovation, remodeling or expansion of a nonconforming structure in
existence on the effective date of the shoreland-wetland provisions
or of any environmental control facility in existence on May 7, 1982,
related to such a structure. All other modifications to nonconforming
structures are subject to § 62.23(7)(h), Wis. Stats., which
limits total lifetime structural repairs and alterations to 50% of
current fair market value.
(b)
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.
(c)
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 though such use does not conform
with the provisions of this section. However, such nonconforming use
may not be extended.
(d)
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.
(e)
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
(6)
Zoning Administrator. The Zoning Administrator shall have the
following duties and powers:
(a)
Advise applicants as to the provisions of this section and assist
them in preparing permit applications and appeal forms.
(b)
Issue permits and certificates of compliance and inspect properties
for compliance with this section.
(c)
Keep records of all permits issued, inspections made, work approved
and other official actions.
(d)
Have access to any structure or premises between the hours of
8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
(e)
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation and map or text amendments
within 10 days after they are granted or denied to the appropriate
district office of the Department.
(f)
Investigate and report violations of this section to the appropriate
City planning agency and the District Attorney, Corporation Counsel
or City Attorney.
(7)
Zoning permits:
(a)
When required. No structure, land, water, or air shall hereafter
be used and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted, or structurally
altered without a zoning permit, except minor structures, and without
full compliance with the provisions of this chapter and all other
applicable local, county, state and federal regulations. Unless another
section of this chapter specifically exempts certain types of development
from this requirement, a zoning permit shall be obtained from the
Zoning Administrator before any new development, as defined in Subsection
(3)(b), or any change in the use of an existing building or structure
is initiated.
(b)
Application. An application for a zoning permit shall be made
to the Zoning Administrator upon forms furnished by the City and shall
include for the purpose of proper enforcement of these regulations
the following information:
1.
General information:
a.
Name, address and telephone number of applicant, property owner,
architect, engineer, and contractor, where applicable.
b.
Description of the subject site by lot, block, and recorded
subdivision or by metes and bounds; address of the subject site; type
of structure; existing and proposed operation or use of the structure
or site; number of employees; and the zoning district within which
the subject site lies.
c.
Additional information as may be required by the Plan Commission
or Zoning Administrator.
d.
Fee receipt from the City Treasurer in an amount specified in
Subsection (7)(b)4 of this section.
2.
Plat of survey. Plat of survey prepared by a land surveyor registered
in Wisconsin showing the location, boundaries, dimensions, uses and
size of the following: subject site; existing and proposed structures;
existing and proposed easements, streets and other public ways; off
street parking, loading areas and driveways; existing highway access
restrictions; high water, channel floodway and floodplain boundaries;
and existing and proposed street, side and rear yards. In addition,
the plat of survey shall show type, slope and boundaries of soils
shown on the operations soil survey maps prepared by the USDA Soil
Conservation Service for the Southeastern Wisconsin Regional Planning
Commission.
3.
Site development plan. The site development plan shall be submitted
as a part of the permit application and shall contain the following
information drawn to scale:
a.
Dimensions and area of the lot.
b.
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways.
c.
Description of any existing or proposed on-site sewage systems
or private water supply systems.
d.
Location of the ordinary high water mark of any abutting navigable
waterways.
e.
Boundaries of all wetlands.
f.
Existing and proposed topographic and drainage features and
vegetative cover.
g.
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps.
h.
Location of existing or future access roads.
i.
Specifications and dimensions for areas of proposed wetland
alteration.
4.
Fees.
a.
All applicants shall pay a zoning permit fee as determined by
the Common Council from time to time.
b.
Zoning permit fees do not include and are in addition to building
permit fees established in the Municipal Code.
c.
A double fee may be charged by the Zoning Administrator if work
is started before a permit is applied for and issued. Such double
fee shall not release the applicant from full compliance with this
chapter nor from prosecution for violation of this chapter.
(c)
Determination and expiration. A Zoning permit shall be granted
or denied by the Zoning Administrator, in writing, within 30 days
of application and the applicant shall post such permit in a conspicuous
place at the site. The permit shall expire within four months unless
work equal to 10% of the dollar amount of the permits has been completed
or within 18 months after the issuance of the permit if the structure
for which a permit issued is not 75% completed as measured by the
dollar amount of the permit. The applicant shall reapply for a zoning
permit before recommencing work on the structure. Any permit issued
in conflict with the provisions of this chapter shall be null and
void.
(8)
Certificates of compliance:
(a)
Except where no zoning permit or conditional use permit is required,
no land shall be occupied or used and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied until a certificate of compliance is issued by the Zoning
Administrator, subject to the following provisions:
1.
The certificate of compliance shall show that the building or
premises or part thereof and the proposed use thereof conform to the
provisions of this section.
2.
Application for such certificate shall be concurrent with the
application for a zoning or conditional use permit.
3.
The certificate of compliance shall be issued within 10 days
after notification of the completion of the work specified in the
zoning or conditional use permit, providing the building or premises
and proposed use thereof conform with all the provision of this section.
(b)
The Zoning Administrator may issue a temporary certificate of
compliance for a building, premises or part thereof pursuant to rules
and regulations established by the City Council.
(c)
Upon written request from the owner, the Zoning Administrator
shall issue a certificate of compliance for any building or premises
existing at the time of the adoption of this section, certifying after
inspection the extent and type of use made of the building or premises
and whether or not such use conforms to the provisions of this section.
(9)
Conditional use permits for Shoreland-Wetland Overlay Zoning
Districts:
(a)
Application:
1.
Any use listed as a conditional use in this section shall be
permitted only after an application has been submitted to the Zoning
Administrator and a conditional use permit has been granted by the
City Council following the procedures in Section 98-905 of this chapter.
2.
A copy of the notice of public hearing shall be forwarded to
the appropriate district office of the Department at least 10 days
prior to such hearing date. Also, a copy of the written decision to
grant or deny a conditional use permit shall be forwarded to the appropriate
district office of the Department within 10 days after the decision
is issued.
(b)
Conditions. Upon consideration of the permit application and
the standards applicable to the conditional uses designated in Subsection
(4)(c)3 of this section, the City Council shall attach such conditions
to a conditional use permit, in addition to those required elsewhere
in this section, as are necessary to further the purposes of this
section as listed in Subsection (1). Such conditions may include specifications
for, without limitation because of specific enumeration, type of shore
cover; erosion controls; increased setbacks; specific sewage disposal
and water supply facilities; landscaping and planting screens; period
of operation; operational control; sureties; deed restrictions; location
of piers, docks, parking areas and signs; and type of construction.
To secure information upon which to base its determination, the City
Council may require the applicant to furnish, in addition to the information
required for a zoning permit, other pertinent information which is
necessary to determine if the proposed use is consistent with the
purpose of this section.
(11)
Recording. Where a zoning permit or conditional use permit is
approved, an appropriate record shall be made by the Zoning Administrator
of the land use and structures permitted.
(12)
Revocation. Where the conditions of a zoning permit or conditional
use permit are violated, the permit shall be revoked by the City Council.
(13)
Board of Appeals for Shoreland-Wetland Overlay Zoning Districts:
The City Mayor shall appoint a Board of Appeals under § 62.23(7)(e),
Wis. Stats., consisting of five members, subject to confirmation by
the City Council. The Board of Appeals shall adopt rules for the conduct
of its business as required by § 62.23(7)(e)3., Wis. Stats.
(a)
Powers and duties. The Board of Appeals:
1.
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this section.
2.
May authorize upon appeal a variance from the dimensional standards
of this section where an applicant convincingly demonstrates that:
a.
Literal enforcement of the terms of this section will result
in unnecessary hardship for the applicant.
b.
The hardship is due to special conditions unique to the property
and is not self-created or based solely on economic gain or loss.
c.
Such variance is not contrary to the public interest as expressed
by the purpose of this section.
d.
Such variance will not grant or increase any use of property
which is prohibited in the zoning district.
(b)
Appeals to the Board. Appeals to the Board of Appeals may be
taken by any person aggrieved or by any officer, department, board
or bureau of the community affected by any order, requirement, decision
or determination of the Zoning Administrator or other administrative
official. Such appeals shall be taken within a reasonable time, as
provided by the rules of the Board, by filing with the official whose
decision is in question and with the Board of Appeals a notice of
appeal specifying reasons for the appeal. The Zoning Administrator
or other official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
(c)
Public hearings:
1.
Before making a decision on an appeal, the Board of Appeals
shall, within a reasonable period of time, hold a public hearing.
The Board shall give public notice of the hearing by publishing a
Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time
and place of the hearing and the matters to come before the Board.
A copy of this notice shall be mailed to the parties in interest and
the appropriate district office of the Department 10 days prior to
the hearing. At the public hearing, any party may present testimony
in person, by agent or by attorney.
2.
A copy of the decision shall be mailed to the parties in interest
and the appropriate district office of the Department within 10 days
after the decision is issued.
(14)
Amending Shoreland-Wetland Zoning regulations. The City Council
may alter, supplement or change the district boundaries and the regulations
contained in this section in accordance with the requirements of § 62.23(7)(d)2.,
Wis. Stats., Ch. NR 117, Wis. Adm. Code, and the following:
(a)
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of submission of the proper amendment to the City planning agency.
(b)
All proposed text and map amendments to this section shall be
referred to the City planning agency and a public hearing shall be
held after a Class 2 notice as required by § 62.23(7)(d)2.,
Wis. Stats. The appropriate district office of the Department shall
be provided with written notice of the public hearing at least 10
days prior to such hearing.
(c)
In order to insure that this section will remain consistent
with the shoreland protection objectives of § 144.26, Wis.
Stats., the City Council may not rezone a wetland in a Shoreland-Wetland
Zoning District or any portion thereof where the proposed rezoning
may result in a significant adverse impact upon any if the following
wetland functions:
1.
Storm and floodwater storage capacity.
2.
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland.
3.
Filtering or storage of sediments, nutrients, heavy metals,
or organic compounds that would otherwise drain into navigable waters.
4.
Shoreline protection against erosion.
5.
Fish spawning, breeding, nursery or feeding grounds.
6.
Wildlife habitat.
7.
Areas of special recreational, scenic or scientific interest,
including scare wetland types and habitat of endangered species.
(d)
Where the district office of the Department determines that
a proposed rezoning may have a significant adverse impact upon any
of the criteria listed in Subsection (14)(c), the Department shall
so notify the City of its determination, either prior to or during
the public hearing held on the proposed amendment.
(e)
The appropriate district office of the Department shall be provided
with:
1.
A copy of the recommendation and report, if any, of the City
planning agency on a proposed text or map amendment within 10 days
after the submission of those recommendations to the City Council.
2.
Written notice of the action on the proposed text or map amendment
with 10 days after the action is taken.
(f)
If the Department notifies the City planning agency, in writing,
that a proposed amendment may have a significant adverse impact upon
any of the criteria listed in Subsection (14)(c), that proposed amendment,
if approved by the City Council, shall not become effective until
more than 30 days have elapsed since written notice of the City approval
was mailed to the Department as required by Subsection (14)(e)2, above.
If within the thirty-day period the Department notifies the City that
the Department intends to adopt a superseding shoreland-wetland zoning
ordinance for the City as provided by § 62.231(6), Wis.
Stats., the proposed amendment shall not become effective until the
ordinance adoption procedure under § 62.231(6), Wis. Stats.,
is completed or otherwise terminated.
(15)
Enforcement and penalties. Any development, building or structure
or accessory building or structure constructed, altered, added to,
modified, rebuilt or replaced or any use or accessory use established
after the effective date of this section in violation of the provisions
of this section by any person, association, corporation, including
building contractors or their agents, shall be deemed a violation.
The Zoning Administrator shall refer violations to the City planning
agency and the District Attorney, Corporation Counsel or City Attorney
who shall prosecute such violations. Any person who violates or refuses
to comply with any of the provisions of this section shall be subject
to a forfeiture of not less than $5 nor more than $500 per offense,
together with the taxable costs 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 thereof may be
enjoined and the maintenance thereof may be abated by action at suit
of the City, state or any citizen thereof pursuant to § 87.30(2),
Wis. Stats.
[1-19-2022]
(1)
Definition. Lakeshores are the land margins of navigable waters
which are identified as "lakes and other water bodies" as shown on
Environmental Corridors Composite Maps for the City of Lake Geneva
and its environs, prepared by the SEWRPC. Lakeshores are all areas
within 100 feet of the ordinary high water mark of such features.
Decorative water features shall not be considered "navigable waters"
for the purposes of this section. This meaning of "lakeshores" shall
remain distinct from the meaning of the term as employed by the State
of Wisconsin Statutes and the DNR.
(2)
Purpose of lakeshore protection requirements. Lakeshores serve
to protect land/water margins from erosion due to site disruption.
Because of regular contact with wave action, currents, and runoff,
such areas are highly susceptible to continuous, and in some cases,
rapid erosion. Lakeshore protection also provides a natural vegetation
buffer which serves to reduce water velocities and wave energy, and
filters significant amounts of waterborne pollutants and sediments.
Lakeshores also promote infiltration and groundwater recharging, and
provide a unique habitat at the land/water margin.
(3)
Determination of lakeshore boundaries. General lakeshore boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a lakeshore depicted on the Official Zoning Map, the petitioner shall prepare the required natural resources site evaluation per the requirements of Section 98-303. This analysis shall depict the location of all lakeshore areas on the subject property as related to the provisions of Subsection (1), above.
(4)
Mandatory lakeshore protection requirements. With the exception
of the activities permitted below, lakeshores shall remain in an undisturbed
state, except for the land uses permitted in Section 98-204 per the
requirements of Subsection 98-206(10).
(a)
Tree removal:
1.
Purpose. The intent and purpose of this subsection is to preserve
the City's character as a natural wooded community, maintain property
values by improving and preserving the aesthetic appeal of the City
through tree regulations, preserve the natural resources of the City
and state, reduce the amount of erosion in the City due to tree removal,
protect the quality of the waters of the state and the City, and protect
and promote the health, safety and welfare of the people by minimizing
the amount of sediment and other pollutants carried by runoff to surface
waters due to the erosion of land not protected by a naturally wooded
environment.
2.
Scope. The provisions of this subsection shall not apply to
SR-3 and SR-4 Zoning Districts, except planned developments on those
districts.
3.
Shore buffer requirement and clear-cutting prohibition:
a.
Shoreland areas. With the exception of the Geneva Lake Shore
Path Corridor, in a strip of land 35 feet wide inland from the bulkhead
line, no more than 30 feet in any 100 feet shall be clear-cut. Where
the lot is less than 100 feet, no more than 30% of this strip shall
be clear-cut. Natural shrubbery shall be preserved as far as practicable
and, where removed, it shall be replaced with other vegetation that
is equally effective in retarding runoff, preventing erosion and preserving
natural beauty. Planted species shall be consistent with the Walworth
County publication: A Homeower's Guide to Native Shoreland Gardens:
https://www.co.walworth.wi.us/DocumentCenter/View/575/Homeowner-Guide-to-Native—Shoreline-Gardens-PDF.
b.
Tree preservation area. Except for circumstances identified
under Subsection (4)(a)4b, it is prohibited to remove any tree or
cause any trees to be removed from the tree preservation area of each
lot. During construction, no equipment movement, construction or placement
of equipment or material storage shall be permitted in the tree preservation
area.
4.
Cutting exceptions:
a.
Trees may be removed from the building activities area. This
area shall be as small as possible, including the entire area affected
by building, grading and temporary material storage areas. In no case
shall the amount of trees with a six inches tree diameter removed
within the building activities area exceed the following:
i.
Eighty percent of the total such trees on lots of
1/4 acre or less.
ii.
Sixty percent of the total such trees on lots of
1/4 acre to one acre, except in the CR-5ac and the ER-1 Districts.
iii.
Forty percent of the total such trees on lots
of one acre, except in the CR-5ac and ER-1 Districts.
iv.
Twenty percent of the total such trees on lots
of 2.5 acres or more, except in the CR-5ac and ER-1 Districts.
v.
Ten percent of the total such trees on all lots
in the CR-5ac and ER-1 Districts.
b.
Trees removed in excess of the above reasons will require a
tree removal permit. Conditions under which a permit may be issued
include, but will not be limited to, the following:
i.
The tree is dead, dying or diseased.
ii.
The tree is damaged or injured to the extent that
it is likely to die or become diseased.
iii.
The removal of the tree will enhance the tree
preservation area and the health of the remaining trees.
iv.
The removal of the tree will avoid or alleviate
an economic hardship or hardship of another nature to the property
or residences.
v.
The removal of the tree is consistent with good
arboriculture practices.
5.
Replacement trees. When, in keeping with good arboriculture
practices, replacement trees shall be planted for all removed trees,
they may be planted in the tree preservation area or in the building
activities area after the initial construction activities are completed.
All replacement trees shall be planted within 30 days of final grading.
The determination of good arboriculture shall be based on tree density
and spacing of the following table.
6.
Penalties. Any person violating any provision of this subsection
shall be subject to a penalty per tree illegally cut or removed, which
shall be determined by the assessed value of the trees removed. The
assessed value shall be determined in accordance with the "Manual
for Plant Appraisers," published by the County of Tree and Landscape
Appraisers, most recent edition. In addition, a replacement tree shall
be planted to replace all trees cut illegally.
(5)
Vertical expansion of any legal conforming principal building
existing prior to adoption date of the 1998 Zoning Code is permitted
up to the maximum height limits of the zoning district.
(6)
The City may apply specific stormwater management requirements in addition to the requirements of Section 78-247 of the Municipal Code, for additional development in the Lakeshore Overlay Zoning District, as enabled by Subsection 78-247(h)(7), Additional requirements.
|
Small trees: Trees which have an ultimate height of 20 feet
to 30 feet and 15 feet to 25 feet spread. They should be planted 15
feet to 20 feet on center or roughly at a density of 115 trees per
acre.
| |||
|
Apricot
Crabapple, Flowering (sp)
Hawthorne (sp)
|
Lilac, Japanese Tree
Peach, Flowering
Plum, Purpleleaf
|
Redbud
Golden Train Tree
Soapberry
|
Pear, Bradford
Serviceberry
|
|
Medium trees: Trees which have an ultimate height of 30 feet
to 50 feet and 30 feet to 40 feet spread. They should be planted 25
feet to 30 feet on center or approximately 30 trees per acre.
| |||
|
Ash, Green
Hackberry
Honeylocust (Thornless)
Linden or Basswood (sp)
|
Mulberry, Red (fruitless, male)
Oak, English
Oak, Red
Pagodatree, Japanese
|
Pecan
Birch
Osage orange (Thornless)
|
Persimmon
Poplar
Sassafras
|
|
Large trees: Trees which have an ultimate height greater than
50 feet and over 40 feet spread. They should be planted 35 feet to
40 feet on center or approximately 25 trees per acre.
| |||
|
American Elm
Walnut
|
Kentucky Coffeetree
Silver Maple
|
Sugar Maple
Oaks
|
Sycamore
Cottonwood
|
[1-19-2022]
(1)
Definition. Drainageways are nonnavigable, aboveground watercourses,
detention basins and/or their environs which are identified by the
presence of one or more of the following:
(a)
All areas within 75 feet of the ordinary high water mark of
a "perennial stream" as shown on Environmental Corridors Composite
Maps for the City of Lake Geneva and its environs, prepared by the
SEWRPC;
(b)
All areas within 50 feet of the ordinary high water mark of
an "intermittent stream" or "open channel drainageway" as shown on
Environmental Corridors Composite Maps for the City of Lake Geneva
and its environs, prepared by the SEWRPC.
(2)
Purpose of drainageway protection requirements. Drainageways
serve in the transporting of surface runoff to downstream areas. As
such, drainageways serve to carry surface waters, supplement floodplain,
wetland, and lakeshore water storage functions in heavy storm or melt
events, filter waterborne pollutants and sediments, promote infiltration
and groundwater recharging, and provide a unique habitat at the land/water
margin. Drainageway protection requirements preserve each of these
functions as well as greatly reducing the potential for soil erosion
along drainageways by protecting vegetative ground cover in areas
which are susceptible to variable runoff flows and moderate to rapid
water movement.
(3)
Determination of drainageway boundaries. General drainageway boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a drainageway depicted on the Official Zoning Map, the petitioner shall prepare the required natural resources site evaluation per the requirements of Section 98-303. This analysis shall depict the location of all drainageway areas on the subject property as related to the provisions of Subsection (1), above.
(4)
Vertical expansion of any legal conforming principal building
existing prior to adoption date of the 1998 Zoning Code is permitted
up to the maximum height limits of the zoning district.
(5)
Mandatory drainageway protection requirements. Drainageways
shall remain in an undisturbed state except for the land uses permitted
in Section 98-204 per the requirements in Subsection 98-206(10). Vegetation
clearing to maintain drainageway functions is permitted with the written
approval of the Director of Public Works. All areas designated as
drainageways shall be located within a public easement or dedication
for maintenance purposes to preserve proper drainage flow.
[1-19-2022]
(1)
Definition. Woodlands are areas of trees whose combined canopies
cover a minimum of 80% of an area of one acre or more, as shown on
Environmental Corridors Composite Maps for the City of Lake Geneva
and its environs, prepared by the SEWRPC.
(2)
Purpose of woodland protection requirements. Woodlands provide
a wide variety of environmental functions. These include atmospheric
benefits such as removing airborne pollutants, carbon dioxide uptake,
oxygen production, and evapotranspiration returns. Water quality benefits
include substantial nutrient uptake rates (particularly for nitrogen
and phosphorus) and surface runoff reduction in terms of both volumes
and velocities. Woodlands provide unique wildlife habitats and food
sources. Woodlands are excellent soil stabilizers, greatly reducing
runoff-related soil erosion. Woodlands also serve to reduce wind velocities
which further reduces soil erosion. Finally, under proper management
techniques, woodlands serve as regenerative fuel sources.
(3)
Determination of woodland boundaries. General woodland boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a woodland depicted on the Official Zoning Map, the petitioner shall prepare the required natural resources site evaluation per the requirements of Section 98-303 and areas subject to the following mitigation requirements in Subsection (4), below. This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of Subsection (1), above, and shall also clearly depict all areas subject to proposed selective cutting and clear-cutting. Selective cutting operations are permitted by right in all woodland areas [per the requirements of Section 98-206(2)(f)]. Clear-cutting is permitted as a conditional use in all woodland areas [per the requirements of Section 98-206(2)(g)].
(4)
Vertical expansion of any legal conforming principal building
existing prior to adoption date of the 1998 Zoning Code is permitted
up to the maximum height limits of the zoning district.
(5)
Mandatory woodland protection requirements. Woodlands shall
remain in an undisturbed state except for the land uses permitted
in Section 98-204 per the requirements of Subsection 98-206(10) and
areas subject to the following mitigation requirements. Selective
cutting operations are permitted by right in all woodland areas [per
the requirements of Section 98-206(2)(f)]. Clear-cutting is permitted
as a conditional use in all woodland areas [per the requirements of
Section 98-206(2)(g)].
[1-19-2022]
(1)
Definition. Steep slopes are areas which contain a gradient
of 12% or greater, (equivalent to a 10 foot elevation change in a
distance of 83 feet or less), as shown on Environmental Corridors
Composite Maps for Lake Geneva and its environs, prepared by the SEWRPC.
(2)
Purpose of steep slope protection requirements. Steep slopes
are particularly susceptible to damage resulting from site disruption,
primarily related to soil erosion. Such damage is likely to spread
to areas which were not originally disturbed. Such erosion reduces
the productivity of the soil, results in exacerbated erosion downhill,
and results in increased sedimentation in drainageways, wetlands,
streams, ponds and lakes. Beyond adversely affecting the environmental
functions of these resources areas, such sedimentation also increases
flood hazards by reducing the floodwater storage capacity of hydrological
system components, thus elevating the flood level of the drainage
system in effected areas. Beyond these threats to the public safety,
disruption of steep slopes also increases the likelihood of slippage
and slumping—unstable soil movements which may threaten adjacent
properties, buildings, and public facilities such as roads and utilities.
(3)
Determination of steep slope boundaries. General steep slope boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property which contains a steep slope depicted on the Official Zoning Map, the petitioner shall prepare the required natural resources site evaluation per the requirements of Section 98-303. This analysis shall depict the location of all steep slope areas on the subject property as related to the provisions of Subsection (1), above, and shall also clearly depict all areas subject to the proposed removal and stabilization of steep slopes through site grading, retaining walls, and other methods approved by the City Engineer.
(4)
Mandatory steep slope protection requirements. Except for steep slopes approved for removal and stabilization by the City Engineer per the provisions of Subsection (3) immediately above, steep slopes shall remain in an undisturbed state except for the land uses permitted in Section 98-204 per the requirements of Subsection 98-206(10).
(5)
Vertical expansion of any legal conforming principal building
existing prior to adoption date of the 1998 Zoning Code is permitted
up to the maximum height limits of the zoning district.
