The provisions of this article shall apply to all areas within the Flood Fringe District, as shown on the official Floodplain Zoning Maps, and to those portions of the General Floodplain District that are determined to be in the flood fringe area.
Any structures, land use, or development, including accessory structures and uses, as allowed within the Flood Fringe District and flood fringe portions of the General Floodplain District, provided that the standards contained in Article IV of this chapter and in § 437-33 are met, that the use is not prohibited by this or any other ordinance or any other local, state or federal regulation and that all permits or certificates required by this chapter have been issued.
[Amended 5-25-2010 by Ord. No. 1030; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Residential uses. Any structure or building used for human habitation, which is to be erected, constructed, reconstructed, altered, or moved into the flood fringe area, shall meet or exceed the following standards:
(1)
The lowest floor, excluding the basement or crawlway, shall be placed, on fill, at or above the flood protection elevation (which is a point two feet above the regional flood elevation) except where Subsection B(2) below is applicable. The fill elevation shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures where existing streets or sewer lines are at elevations which make compliance impractical, provided the Board of Appeals grants a variance due to dimensional restrictions;
(2)
The basement or crawlway floor may be placed at the regional flood elevation, providing it is floodproofed to the flood protection elevation. No permit or variance shall allow any floor, basement or crawlway below the regional flood elevation;
(4)
In existing developments where existing streets or sewer lines are at elevations which make compliance with Subsection B(3) impractical, the City may permit new development and substantial improvements where access roads are at or below the regional flood elevation, provided:
(a)
The City has written assurance from the appropriate local units of police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles, considering the anticipated depth, duration and velocity of the regional flood event; or
(b)
The City has a DNR-approved emergency evacuation plan.
(5)
An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of §§ 437-29A and 437-33F.
C.
Accessory structures or uses.
(1)
Except as provided in Subsection C(2), an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.
(2)
An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of §§ 437-20A, B and D and 437-30.
D.
Commercial uses. Any commercial structure or building which is to be erected, constructed reconstructed, altered or moved into the flood fringe area shall meet the requirements of § 437-29B above. Storage yards, parking lots and other accessory land uses may be at lower elevations, subject to the requirements of Subsection F. However, no such area in general use by the public shall be inundated to a depth greater than two feet or subjected to flood velocities greater than two feet per second upon the occurrence of the regional flood. Inundation of such yards or parking areas exceeding two feet may be allowed, provided an adequate warning system exists to protect life and property.
E.
Manufacturing, agricultural and industrial uses. Any manufacturing, agricultural or industrial structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood fringe area shall be protected to the flood protection elevation utilizing fill, levees, flood walls, adequate floodproofing measures in accordance with § 437-21, or any combination thereof. Subject to the requirements of Subsection F below, 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. On streams or rivers having prolonged flood durations, greater protection may be required to minimize interference with normal plant operations. A lesser degree of protection, compatible with the criteria in Subsections D and F, may be permissible for storage yards, parking lots and other similar uses.
F.
Storage or processing of materials. The storage or processing of materials that are buoyant, flammable, explosive, or which in times of flooding could be injurious to property, water quality or human, animal, fish, plant or aquatic life, shall be at or above the flood protection elevation for the particular area or floodproofed in compliance with § 437-21. Adequate measures shall be taken to assure that said materials will not enter the river or stream during flooding.
G.
Public utilities, streets and bridges. All utilities, streets and bridges should be designed to be compatible with the local comprehensive floodplain development plans; and
(1)
When failure or interruption of public utilities, streets and bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed to the flood protection elevation in compliance with § 437-21;
(2)
Minor or auxiliary roads or nonessential utilities may be constructed at lower elevations, providing they withstand flood forces to the regional flood elevation.
H.
Sewage systems. All on-site sewage disposal systems shall be floodproofed to the flood protection elevation and shall meet the applicable provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
J.
Solid waste disposal sites. All solid or hazardous waste disposal sites, whether public or private, are prohibited in flood fringe area.
K.
Deposition of materials. Any materials deposited for any purpose may only be allowed if all the provisions of this chapter are met.
L.
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in § 437-19A, B 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 be quick-disconnect utilities and security devices and has no permanently attached additions.