This chapter regulates all areas that would be covered by the regional flood or base flood. Note: Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A-Zones on the Flood Insurance Rate Map.
[Amended 5-25-2010 by Ord. No. 1030]
A.
Official Maps and revisions. The boundaries of all floodplain districts are designated as floodplains or A-Zones on the maps listed below and the revisions in the Neillsville Floodplain Appendix. Any changes to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Public Works Director, City of Neillsville, If more than one map or revision is referenced, the most restrictive information shall apply.
B.
Establishment of districts. The regional floodplain areas are divided into three districts as follows:
(1)
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.
(2)
The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway.
(3)
The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood.
Discrepancies between boundaries on the official floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection A or B below. If a significant difference exists, the map shall be amended according to § 437-49. 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 and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 437-46E and the criteria in Subsections A and B below.
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, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the Department.
Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 437-49D. |
Compliance with the provisions of this chapter 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 § 437-49.
Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC). |
A.
C.
The Zoning Administrator shall deny permits where it is determined the proposed development will cause an obstruction to flow or increase in regional flood height of 0.01 foot or greater.
Prior to any alteration or relocation of a watercourse, and prior to the issuance of any land use permit which may be required for the alteration or relocation of a watercourse, the local zoning official shall notify adjacent municipalities, regional office of the Department and the appropriate office of FEMA and shall require the applicant to secure all necessary state and federal permits. The flood carrying capacity within the altered or relocated portion of any watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the Zoning Administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.
No permit or variance shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation.
A.
Floodproofing measures shall be designed to:
(1)
Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
(2)
Protect structures to the flood protection elevation;
(3)
Anchor structures to foundations to resist flotation and lateral movement; and
(4)
Ensure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.
B.
Floodproofing measures could include:
(1)
Reinforcing walls and floors to resist rupture or collapse caused by water pressure; or
(2)
Adding mass or weight to prevent flotation.
(3)
Placing essential utilities above the flood protection elevation.
(4)
Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures.
(5)
Constructing water supply wells and waste treatment systems to prevent the entry of floodwaters.
(6)
Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
When amendments are required, the procedures in Article X shall apply. Actions which require an amendment include, but are not limited to, the following:
(1)
Any change to the official floodplain map including the floodway line or boundary of the floodplain area;
(2)
Correction of significant discrepancies between the water surface profiles and floodplain Zoning Maps;
(3)
Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
(4)
Any fill or encroachment into the floodplain that will obstruct flow or cause an increase of 0.01 foot or more in the height of the regional flood; and
B.
No amendment to the maps or text of this chapter shall become effective until reviewed and approved by the Department of Natural Resources and FEMA.
C.
All persons petitioning for a map amendment which involves an obstruction to flow causing an increase in the height of the regional flood of 0.01 foot or more shall obtain flooding easements, or other appropriate legal arrangements, from all affected local units of government and property owners before the municipality may approve an amendment which would result in such an increase to the regional flood elevation.
D.
When considering amendments to the official floodplain Zoning Map, in areas where no water surface profiles exist, the Planning Commission shall consider data submitted by the Department, the Zoning Administrator's visual on-site inspections and other available information.
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 floodway lines, water surface profiles, BFEs established in the FIS, or other data from the officially adopted FIRM, or other floodplain Zoning Maps or the floodplain zoning ordinance are made according to § 437-49.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Pursuant to Wis. Stats. § 66.0217(8), all property annexed to the City of Neillsville and previously not zoned under this ordinance shall be hereby declared to be in a temporary zoning district until otherwise changed by amendment. The following requirements also apply to annexed land:
A.
The Clark County floodplain zoning provisions in effect on the date lands are annexed to the City of Neillsville shall remain in effect and shall be enforced for all annexed lands until the City adopts and enforces an ordinance that meets the requirements of Ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program. County floodplain provisions are incorporated by reference for the purpose of administering this subdivision and are on file in the office of the Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.
B.
All lands annexed to the City of Neillsville after May 7, 1982, that prior to annexation were subject to the Clark County Shoreland Zoning Ordinance shall be subject to the following regulations, which supersede any conflicting sections of Chapter 180, Building Construction; Chapter 220, Fair Housing; Chapter 225, Fences; Chapter 425, Airport Zoning; Chapter 437, Floodplain and Shoreland-Wetland Zoning; Chapter 443, Subdivision of Land; and Chapter 450, Zoning, of this Code:
(1)
No building shall be constructed closer than 50 feet from the ordinary high-water mark, except as provided in Subsection B(2).
(2)
Construction or placement of a principal building within the shoreland setback area established under Subsection B(1) is allowed if all of the following apply:
(a)
The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.
(b)
The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
(3)
For the purposes of this section, "principal building" means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
(4)
This section does not apply to lands adjacent to an artificially constructed drainage ditch, pond or stormwater retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body.
The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter.
[Amended 5-25-2010 by Ord. No. 1030]
Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
A.
The campground is approved by the Department of Health Services.
B.
A land use permit for the campground is issued by the Zoning Administrator.
C.
The character of the river system and the elevation of the campground is such that a seventy-two-hour warning of an impending flood can be given to all campground occupants.
D.
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.
E.
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 D - to remain in compliance with all applicable regulations, including those of the state department of health and family services and all other applicable regulations.
F.
Only camping units are allowed.
G.
The camping units may 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.
H.
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 for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section.
I.
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section.
K.
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.
L.
All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.