Where a Zoning Administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under Wis. Stats. § 59.69, 59.692 or 62.23(7), these officials shall also administer this chapter.
A. Zoning Administrator.
(1) Duties and Powers. The Zoning Administrator is authorized to administer this chapter and shall have the following duties and powers:
(a) Advise applicants of the chapter 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 chapter 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:
[1] All permits issued, inspections made, and work approved.
[2] Documentation of certified lowest floor and regional flood elevations.
[3] Floodproofing certificates.
[4] Water surface profiles, floodplain zoning maps and ordinances, and nonconforming uses and structures, including changes, appeals, variances and amendments.
[5] All substantial damage assessment reports for floodplain structures.
[6] List of nonconforming structures and uses.
(e) Submit copies of the following items to the Department regional office:
[1] Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments.
[2] Copies of case-by-case analyses and other required information, including an annual summary of floodplain zoning actions taken.
[3] Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
(f) Investigate, prepare reports, and report violations of this chapter to the Municipal Plan Commission and Attorney for prosecution. Copies of the reports shall also be sent to the Department regional office.
(g) Submit copies of amendments and biennial reports to the FEMA regional office.
(2) Floodplain land use permit. A floodplain land use permit shall be obtained before any new development; repair, modification or addition to an existing structure, or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include:
(a) General Information:
[1] Name and address of the applicant, property owner and contractor.
[2] Legal description, proposed use, and whether it is new construction or a modification.
(b) Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
[1] Location, dimensions, area and elevation of the lot.
[2] Location of the ordinary high-water mark of any abutting navigable waterways.
[3] Location of any structures, with distances measured from the lot lines and street center lines.
[4] Location of any existing or proposed on-site sewage systems or private water supply systems.
[5] Location and elevation of existing or future access roads.
[6] Location of floodplain and floodway limits as determined from the Official Floodplain Zoning Maps.
[7] 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).
[8] 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 §
256-3 or
256-4 are met.
[9] Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to §
256-2C. This may include any of the information noted in §
256-3C(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.
[1] Zone A floodplains:
[a] Hydrology. The appropriate method shall be based on the standards in Wis. Admin. Code § NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.
[b] Hydraulic modeling. The regional flood elevation shall be based on the standards in Wis. Admin. Code § NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation, and the following:
[i] 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.
[ii] Channel sections must be surveyed.
[iii] Minimum four-foot contour data in the overbanks shall be used for the development of cross-section overbank and floodplain mapping.
[iv] 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.
[v] The most-current version of HEC-RAS shall be used.
[vi] A survey of bridge and culvert openings and the top of road is required at each structure.
[vii] 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.
[viii] 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.
[ix] 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.
[i] If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
[ii] 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.
[2] Zone AE Floodplains.
[a] Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on Wis. Admin. Code § NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.
[b] Hydraulic model. The regional flood elevation shall be based on the standards in Wis. Admin. Code § NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation, and the following:
[i] 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.
[ii] 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.
[iii] 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.
[iv] 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.
[v] All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
[vi] 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 topwidths 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:
[i] 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, and bridge plans.
[ii] 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.
[iii] Annotated FIRM panel showing the revised one-percent and two-tenths-percent annual chance floodplains and floodway boundaries.
[iv] 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.
[v] The revised floodplain boundaries shall tie into the effective floodplain boundaries.
[vi] 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.
[vii] Both the current and proposed floodways shall be shown on the map.
[viii] 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 chapter shall expire no more than 180 days after issuance. The floodplain land use permit may be extended for a maximum of 180 days for good and sufficient cause.
(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 chapter.
(b) Application for such certificate shall be concurrent with the application for a permit.
(c) If all chapter 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 §
256-7E are met.
(4) Other permits. Prior to obtaining a floodplain land use permit, the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
B. Plan Commission.
(1) The Plan Commission shall:
(a) Oversee the functions of the office of the Zoning Administrator; and
(b) Review and advise the governing body on all proposed amendments to this chapter, maps and text.
(2) The Plan Commission shall not:
(a) Grant variances to the terms of the chapter in place of action by the Board of Appeals; or
(b) Amend the text or Zoning Maps in place of official action by the governing body.
C. Board of Appeals. The Board of Appeals, created under Wis. Stats. § 62.23(7)(e), is hereby authorized or shall be appointed to act for the purposes of this chapter. The Board of Appeals 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 of Appeals.
(1) Powers and duties. The 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 chapter;
(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 chapter standards.
(2) Appeals to the Board of Appeals.
(a) Appeals to the Board of Appeals may be taken by any person aggrieved, or by any officer or department of the Village 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 of Appeals, by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal, specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board of Appeals all records regarding the matter appealed.
(b) Notice and Hearing for Appeals Including Variances.
[1] Notice. The Board of Appeals shall:
[a] Fix a reasonable time for the hearing;
[b] Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and
[c] Assure that notice shall be mailed to the parties in interest and the Department regional office at least 10 days in advance of the hearing.
[2] Hearing. Any party may appear in person or by agent. The Board of Appeals shall:
[b] Decide variance applications according to §
256-7C(4); and
[c] Decide appeals of permit denials according to §
256-7D.
(c) Decision. The final decision regarding the appeal or variance application shall:
[1] Be made within a reasonable time;
[2] Be sent to the Department regional office within 10 days of the decision;
[3] Be a written determination signed by the Chairman or Secretary of the Board of Appeals;
[4] State the specific facts which are the basis for the Board of Appeals' decision;
[5] 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
[6] 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 of Appeals proceedings.
(3) Boundary disputes. The following procedure shall be used by the Board of Appeals 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. If none exist, other evidence may be examined;
(b) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board of Appeals; and
(c) If the boundary is incorrectly mapped, the Board of Appeals should inform the Plan Commission or the person contesting the boundary location to petition the governing body for a map amendment according to §
256-8, Amendments.
(4) Variance.
(a) The Board of Appeals may, upon appeal, grant a variance from the standards of this chapter if an applicant convincingly demonstrates that:
[1] Literal enforcement of the chapter will cause unnecessary hardship;
[2] The hardship is due to adoption of the Floodplain Chapter and unique property conditions not common to adjacent lots or premises. In such case, the chapter or map must be amended;
[3] The variance is not contrary to the public interest; and
[4] The variance is consistent with the purpose of this chapter in §
256-1C.
(b) In addition to the criteria in Subsection
C(4)(a), to qualify for a variance under FEMA regulations, the following criteria must be met:
[1] The variance shall not cause any increase in the regional flood elevation;
[2] Variances can only be granted for lots that are less than 1/2 acre and are contiguous to existing structures constructed below the RFE; and
[3] Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the chapter.
(c) A variance shall not:
[1] Grant, extend or increase any use prohibited in the zoning district;
[2] Be granted for a hardship based solely on an economic gain or loss;
[3] Be granted for a hardship which is self-created;
[4] Damage the rights or property values of other persons in the area;
[5] Allow actions without the amendments to this chapter or map(s) required in §
256-8, Amendments; and
[6] 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 of Appeals 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 Plan Commission (§
256-7B) or Board of Appeals shall review all data related to the appeal. This may include:
(b) Floodway/floodfringe determination data in §
256-5D;
(c) Data listed in §
256-3C(1)(b) 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 of Appeals with the appeal.
(2) For appeals of all denied permits, the Board of Appeals shall:
(b) Consider Plan Commission recommendations; and
(c) Either uphold the denial or grant the appeal.
(3) For appeals concerning increases in regional flood elevation, the Board of Appeals shall:
(a) Uphold the denial where the Board of Appeals 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 §
256-8, Amendments; and
(b) Grant the appeal where the Board of Appeals agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.
E. Floodproofing standards for nonconforming structures or uses.
(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 the flood-protection elevation and submits a FEMA floodproofing certificate.
(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) Which meets or exceeds the following standards:
[1] A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
[2] The bottom of all openings shall be no higher than one foot above grade; and
[3] Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(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; and
(e) Minimize or eliminate discharges into floodwaters.
F. Public Information.
(1) Place marks on structures to show the depth of inundation during the regional flood.
(2) All maps, engineering data and regulations shall be available and widely distributed.
(3) Real estate transfers should show what floodplain district any real property is in.
Unless specifically defined, words and phrases in this chapter shall have their common law meanings 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.
AH ZONE See "area of shallow flooding."
ACCESSORY STRUCTURE OR USE A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.
ALTERATION An enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air-conditioning and other systems within a structure.
AO ZONE See "area of shallow flooding."
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 feet 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.
A ZONES 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.
BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given year, as published by FEMA as part of an FIS and depicted on a FIRM.
BASEMENT Any enclosed area of a building having its floor subgrade, i.e., below ground level, on all sides.
BULKHEAD LINE A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to Wis. Stats. § 30.11, 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 chapter.
CAMPGROUND 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.
CAMPING UNIT 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, pick-up truck, or tent, that is fully licensed, if required, and ready for highway use.
CERTIFICATE OF COMPLIANCE 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 chapter.
CHANNEL A natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.
CRAWLWAYS or CRAWL SPACE 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.
DECK An unenclosed exterior structure that has no roof or sides but has a permeable floor which allows the infiltration of precipitation.
DEPARTMENT The Wisconsin Department of Natural Resources.
DEVELOPMENT 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.
DRYLAND ACCESS 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 the regional flood elevation and wide enough for wheeled rescue and relief vehicles.
ENCROACHMENT Any fill, structure, equipment, use or development in the floodway.
FLOOD FREQUENCY 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.
FLOODFRINGE 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.
FLOOD HAZARD BOUNDARY MAP 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.
FLOOD INSURANCE RATE MAP (FIRM) 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.
FLOOD INSURANCE STUDY 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.
FLOOD or FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
A. The overflow or rise of inland waters;
B. The rapid accumulation or runoff of surface waters from any source;
C. The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
D. 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.
FLOODPLAIN 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.
FLOODPLAIN ISLAND A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
FLOODPLAIN MANAGEMENT Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
FLOOD PROFILE 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.
FLOODPROOFING 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.
FLOOD PROTECTION ELEVATION An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see "freeboard.")
FLOOD STORAGE Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
FLOODWAY The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
FREEBOARD 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.
HEARING NOTICE Publication or posting meeting the requirements of Wis. Stats. Ch. 985. 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.
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HIGH FLOOD DAMAGE POTENTIAL 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.
HISTORIC STRUCTURE Any structure that is either:
A. Listed individually on 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;
B. 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;
C. 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
D. 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.
INCREASE IN REGIONAL FLOOD HEIGHT 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.
LAND USE Any nonstructural use made of unimproved or improved real estate. (Also see "development.")
LOWEST ADJACENT GRADE The elevation of the lowest ground surface that touches any of the exterior walls of a building.
LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of 44 CFR 60.3.
MAINTENANCE The act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
MANUFACTURED HOME 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."
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING 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.
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING 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 chapter. 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.
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."
MODEL, CORRECTED EFFECTIVE 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.
MODEL, EFFECTIVE The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
MODEL, EXISTING (PRE-PROJECT) 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.
MODEL, REVISED (POST-PROJECT) A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.
MUNICIPALITY or MUNICIPAL The county, city or village governmental units enacting, administering and enforcing this Zoning Chapter.
NEW CONSTRUCTION For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this Village, and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
NONCONFORMING STRUCTURE An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter 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.)
NONCONFORMING USE An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this chapter for the area of the floodplain which it occupies (such as a residence in the floodway).
OBSTRUCTION TO FLOW Any development which blocks the conveyance of floodwaters such that this development, alone or together with any future development will cause an increase in the regional flood height.
OPEN SPACE USE Those uses having a relatively low flood damage potential and not involving structures.
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.
PERSON An individual, or group of individuals, corporation, partnership, association, municipality or state agency.
PRIVATE SEWAGE SYSTEM 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 Commerce, 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.
PUBLIC UTILITIES 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.
REASONABLY SAFE FROM FLOODING Base floodwaters will not inundate the land or damage structures to be removed from the floodplain and any subsurface waters related to the base flood will not damage existing or proposed buildings.
REGIONAL FLOOD 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.
START OF CONSTRUCTION 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 a 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.
STRUCTURE Any man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
SUBDIVISION Has the meaning given in Wis. Stats. § 236.02(12).
SUBSTANTIAL DAMAGE 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.
SUBSTANTIAL IMPROVEMENT 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 preformed. The term does not, however, 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.
UNNECESSARY HARDSHIP Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the chapter.
VARIANCE An authorization by the Board of 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 Chapter.
VIOLATION The failure of a structure or other development to be fully compliant with the Floodplain Zoning Chapter. 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.
WATERSHED The entire region contributing runoff or surface water to a watercourse or body of water.
WATER SURFACE PROFILE A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of a river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
WELL An excavation opening in the ground, made by digging, boring, drilling, driving or other methods, to obtain groundwater, regardless of its intended use.