Definitions. For purposes of this section, words and phrases defined in this Subsection
CC shall have the meaning stated below. Words and phrases not defined below in this subsection shall have the common, ordinary meaning which results in the most reasonable interpretation and application of this section in light of the stated purposes of this section. Words used in the present tense include the future, and vice versa. Words indicating the singular number include the plural, and vice versa. The word "may" is permissive; the word "shall" is mandatory and not discretionary.
ACCESSORY STRUCTURE or ACCESSORY USE
A detached subordinate structure or a use which is clearly
incidental to and customarily found in connection with the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
AH ZONE
See "area of shallow flooding."
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 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.
A ZONES
Those areas shown on the official floodplain maps which would
be inundated by the regional flood, as defined below. 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 particular area.
BASE FLOOD
Means the flood having a one-percent chance of being equaled
or exceeded in any given year, as published by FEMA as part of a Flood
Insurance Study (FIS) and depicted on a FIRM.
BASEMENT
Any enclosed area of a building having its floor below ground
level on at least three 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 § 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.
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, pickup truck, or tent or other mobile
recreational vehicle that is fully licensed, if required, and ready
for highway use.
CERTIFICATE OF COMPLIANCE
A certification issued by the Village Zoning Administrator
stating that the use of land, or the construction, installation, placement
or relocation of a building, structure, facility or site improvement,
or the making of an addition or a substantial improvement to a building,
structure, facility or site improvement, or the extent and elevation
of fill, or the lowest floor of a structure, or any other development
activity or improvement regulated by this section, is in compliance
with all of the provisions thereof and the provisions of any authorizing
conditional use permit.
CHANNEL
A natural or artificial watercourse with definite bed and
banks to confine and conduct the normal flow of water.
COMMERCIAL USE
A use involving commerce or manufacturing, without regard
to the type of zoning district in which the use is located, including
but not limited to commercial, industrial, institutional, governmental
or park and recreational uses.
CRAWLWAY or CRAWL SPACE
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for limited access to
plumbing and electrical utilities.
DEVELOPMENT or DEVELOPMENT-RELATED ACTIVITY
Any man-made or nonnatural change to improved or unimproved
real estate, including but not limited to the construction, installation,
placement or relocation of buildings, structures, facilities or site
improvements; the construction or installation of additions or substantial
improvements to buildings, structures, facilities or site improvements;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials; the
repair of any damaged structure; or the construction or installation
of public or private streets or roads or public or private facilities
for sewage treatment or disposal, water supply or stormwater drainage
or control. The phrase "development-related activity" specifically
includes any land division (and any neighborhood sketch plan, conceptual
plan, preliminary plat, final plat, certified survey map or development
agreement leading up to, constituting or relating to a proposed land
division) which contemplates or may influence development or other
development-related activities.
DNR
The Wisconsin Department of Natural Resources or any successor
state agency having authority with respect to matters relating to
floodplains.
DRY LAND ACCESS
A vehicular access route, the elevation of which is above
the one-hundred-year flood elevation, which is wide enough for wheeled
rescue and relief vehicles and which connects land located in the
floodplain to land outside the floodplain.
ENCROACHMENT
Any fill, structure, building, land use or other development
improvement or activity in the floodway.
FEMA
The Federal Emergency Management Agency or any successor
federal agency that administers the National Flood Insurance Program.
FLOOD FREQUENCY
The probability of a flood occurrence which is generally
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.
FLOOD FRINGE
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and generally
associated with standing water rather than flowing water.
FLOOD INSURANCE RATE MAP (FIRM)
A map of a community on which the Federal Insurance Administration
has delineated both special flood hazard areas (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 (FIS)
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:
(1)
The overflow or rise of inland waters;
(2)
The rapid accumulation or runoff of surface waters from any
source;
(3)
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan; and/or
(4)
The sudden increase in surface water elevation 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
That land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain includes the floodway and
the flood fringe and may include other designated floodplain areas
for regulatory purposes.
FLOODPLAIN ISLAND
A natural geologic land formation that is surrounded, but
not covered, by floodwater during the regional flood.
FLOODPLAIN MANAGEMENT
Policy and procedures to insure 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
at particular locations along a watercourse of the water surface elevations
of a flood event to surface elevations of the land.
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 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 flood-protection elevation requirement designed as a safety
factor which is usually expressed in terms of a specified number of
feet above a calculated flood level. Freeboard compensates for the
effects of any factors that contribute to flood heights greater than
those calculated. These factors include, but are not limited to, ice
jams, debris accumulation, wave action, obstruction of bridge openings
and floodways, the effects of urbanization on the hydrology of the
watershed, loss of flood storage areas due to development, and sedimentation
of the river or stream bed.
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
The land use or development so described carries with it
a significant risk of danger to life or health or of substantial economic
loss to a structure or building and its contents.
HISTORIC STRUCTURE
Any structure that is:
(1)
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;
(2)
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;
(3)
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
(4)
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 directly 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, resulting from a comparison of existing conditions
and proposed conditions which are 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 DIVISION
Any division or conveyance of land or of an interest in land that results in the creation of one or more additional lots or parcels, including, without limitation, any subdivision, large lot subdivision or minor land division (all as defined in §
395-101 of Chapter
395, Land Division and Development Control, of the Village Code) or the creation of any condominium other than a conversion condominium or a condominium involving a maximum of one principal building per lot or parcel. A land division can be legally created or accomplished only by means of a preliminary and final plat approved by the Village Board, or a certified survey map approved by the Village Board, or, in the case of a condominium, by means of condominium instruments approved by the Village Board.
LAND USE
Any use made of unimproved or improved real estate.
LOWEST ADJACENT GRADE
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 factory-built, single-family structure that is manufactured
under the authority of 42 U.S.C. § 5401, the National Manufactured
Home Construction and Safety Standards Act, is transportable in one
or more sections, is built on a permanent chassis and fitted with
wheels, is intended to be hauled to a site and is registered and titled
with the Wisconsin Department of Transportation.
MOBILE HOME
A transportable, factory-built home designed to be used as
a year-round residential dwelling and built prior to the enactment
of the Federal Manufactured Home Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
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.
NAVD88 or NORTH AMERICAN VERTICAL DATUM 1988
Elevations referenced to mean sea level datum, 1988 adjustment.
The data conversion factor from NGVD29 to NAVD88 in Kenosha County
is -0.3 feet (0.0 feet NGVD29 = -0.3 feet NAVD88).
NEW CONSTRUCTION
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community 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.
NGVD29 or NATIONAL GEODETIC VERTICAL DATUM 1929
Elevations referenced to mean sea level datum, 1929 adjustment,
to which elevations are referenced. The data conversion factor from
NGVD29 to NAVD88 in Kenosha County is -0.3 feet (0.0 feet NGVD29 =
-0.3 feet NAVD88)
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
An existing lawful use of unimproved or improved real estate
which is not in conformity with the provisions of this section for
the area of the floodplain which it occupies.
OBSTRUCTION TO FLOW
Any development which physically blocks the conveyance of
floodwaters such that this development, by itself or in conjunction
with any future development, will cause an increase in regional flood
height.
OPEN SPACE USE
Those land 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, state agency or any other legal entity.
PRIVATE SEWAGE SYSTEM
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the Wisconsin Department of Safety and Professional Services
(or any successor state agency), 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, or using distribution
and collection systems, such as water, sanitary sewer and storm sewer.
REASONABLY SAFE FROM FLOODING
The 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.
REGIONAL FLOOD
The one-hundred-year recurrence interval flood on the particular
stream, river or lake in question.
START OF CONSTRUCTION
The date the building permit was issued, provided that 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 or mobile
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, streambed or lake bed, including but not limited to roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged 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 performed. 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 a historic
structure.
UNNECESSARY HARDSHIP
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 this section.
VARIANCE
An authorization by the Village Zoning 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 this section.
VILLAGE
The Village of Pleasant Prairie, Kenosha County, Wisconsin.
VIOLATION
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.
WATERSHED
The entire region or area contributing runoff or surface
water to a particular 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 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.