The City of Hudson Floodplain Zoning Ordinance
is adopted pursuant to the authorization in W.S.A. §§ 61.35
and 62.23, for villages and cities, and the requirements in W.S.A.
§ 87.30.
Uncontrolled development and use of the floodplains
and rivers within the City of Hudson would impair the public health,
safety, convenience, general welfare and tax base.
This chapter is intended to regulate floodplain
development to:
A. Protect life, health and property;
B. Minimize expenditures of public funds for flood-control
projects;
C. Minimize rescue and relief efforts undertaken at the
expense of the taxpayers;
D. Minimize business interruptions and other economic
disruptions;
E. Minimize damage to public facilities in the floodplain;
F. Minimize the occurrence of future flood blight areas
in the floodplain;
G. Discourage the victimization of unwary land and home
buyers;
H. Prevent increases in flood heights that could increase
flood damage and result in conflicts between property owners; and
I. Discourage development in a floodplain if there is
any practicable alternative to locate the activity, use or structure
outside of the floodplain.
This chapter shall be known as the "Floodplain
Zoning Ordinance for the City of Hudson, Wisconsin."
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 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, 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.
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 §
253-8.
Public or private campgrounds shall have low flood damage potential
and shall meet the following provisions:
A. The campground is approved by the Department of Health and Family
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
shall be 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.
J. All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either §
253-3 or
253-4 for the floodplain district in which the structure is located.
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.
This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to §
253-5.4.
The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if uses are not prohibited by any other ordinance; uses meet the standards in §§
253-3.3 and
253-3.4; and all permits or certificates have been issued according to §
253-7.1:
A. Agricultural uses, such as farming, outdoor plant nurseries, horticulture,
viticulture and wild crop harvesting.
B. Nonstructural industrial and commercial uses, such as loading areas,
parking areas and airport landing strips.
C. 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 §
253-3.3D.
D. Uses or structures accessory to open space uses or classified as historic structures that comply with §§
253-3.3 and
253-3.4.
E. Extraction of sand, gravel or other materials that comply with §
253-3.3D.
F. 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 W.S.A. Chs.
30 and 31.
G. Public utilities, streets and bridges that comply with §
253-3.3C.
All uses not listed as permitted uses in §
253-3.2 are prohibited, including the following uses:
A. Habitable structures, structures with high flood damage potential,
or those not associated with permanent open space uses.
B. Storing materials that are buoyant, flammable, explosive, injurious
to property, water quality, or human, animal, plant, fish or other
aquatic life.
C. Uses not in harmony with or detrimental to uses permitted in the
adjoining districts.
D. 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. COMM 83, Wis. Adm. Code.
E. 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.
F. Any solid or hazardous waste disposal sites.
G. Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code.
H. 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.
This section applies to all flood-fringe areas shown on the floodplain zoning maps and those identified pursuant to §
253-5.4.
Any structure, land use, or development is allowed in the Flood-Fringe District if the standards in §
253-4.3 are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in §
253-7.1 have been issued.
The provisions for this district shall apply to all floodplains
for which flood profiles are not available or where flood profiles
are available but floodways have not been delineated. Floodway and
flood-fringe districts shall be delineated when adequate data is available.
Section
253-3 applies to floodway areas; §
253-4 applies to flood-fringe areas. The rest of this chapter applies to either district.
Upon receiving an application for development within the General
Floodplain District, 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.
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:
(1) A typical valley cross section showing the stream channel, the floodplain
adjoining each side of the channel, the cross sectional area to be
occupied by the proposed development, and all historic high water
information;
(2) 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;
(3) Profile showing the slope of the bottom of the channel or flow line
of the stream;
(4) Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage, water supply and
sanitary facilities.
C. Transmit one copy of the information described in Subsections
A and
B to the Department regional office, along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of §
253-7.1B(3) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.
Where a Zoning Administrator, planning agency or a Board of
Appeals has already been appointed to administer a zoning ordinance
adopted under W.S.A. § 62.23(7), these officials shall also
administer this chapter.
The Board of Appeals (Board), created under W.S.A. § 62.23(7)(e),
for cities or villages, is hereby authorized or shall be appointed
to act for the purposes of this chapter. The Board shall exercise
the powers conferred by Wisconsin Statutes and adopt rules for the
conduct of business. The Community Development Director, Zoning Administrator
or Assistant Zoning Administrator may not be the Secretary of the
Board of Appeals.
A. Powers and duties. The Board of Appeals shall:
(1) 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.
(2) Boundary disputes: hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map.
(3) Variances: hear and decide, upon appeal, variances from the chapter
standards.
B. Appeals to the Board.
(1) 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.
(2) Notice and hearing for appeals including variances.
(a)
Notice. The Board shall:
[1]
Fix a reasonable time for the hearing.
[2]
Publish adequate notice pursuant to Wisconsin Statutes, specifying
the date, time, place and subject of the hearing.
[3]
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.
(b)
Hearing. Any party may appear in person or by agent or attorney.
The Board shall:
[2]
Decide variance applications according to §
253-7.3D.
[3]
Decide appeals of permit denials according to §
253-7.4.
(3) Decision. The final decision regarding the appeal or variance application
shall:
(a)
Be made within a reasonable time.
(b)
Be sent to the Department regional office within 10 days of
the decision.
(c)
Be a written determination, signed by the Chairman or Secretary
of the Board.
(d)
State the specific facts which are the basis for the Board's
decision.
(e)
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.
(f)
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.
C. Boundary disputes. The following procedure shall be used by the Board
in hearing disputes concerning floodplain district boundaries:
(1) 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.
(2) In all cases, the person contesting the boundary location shall be
given a reasonable opportunity to present arguments and technical
evidence to the Board.
(3) 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 §
253-8.
D. Variance.
(1) The Board may, upon appeal, grant a variance from the standards of
this chapter if an applicant convincingly demonstrates that:
(a)
Literal enforcement of the ordinance provisions will cause unnecessary
hardship;
(b)
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;
(c)
The variance is not contrary to the public interest; and
(d)
The variance is consistent with the purpose of this chapter in §
253-1.3.
(2) In addition to the criteria in Subsection
D(1), to qualify for a variance under FEMA regulations, the following criteria must be met:
(a)
The variance may not cause any increase in the regional flood
elevation.
(b)
Variances can only be granted for lots that are less than 1/2
acre and are contiguous to existing structures constructed below the
RFE.
(c)
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 ordinance.
(3) A variance shall not:
(a)
Grant, extend or increase any use prohibited in the zoning district.
(b)
Be granted for a hardship based solely on an economic gain or
loss.
(c)
Be granted for a hardship which is self-created.
(d)
Damage the rights or property values of other persons in the
area.
(e)
Allow actions without the amendments to this chapter or map(s) required in §
253-8.1.
(f)
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as an historic
structure.
(4) When a floodplain variance is granted, the Board shall notify the
applicant in writing that it may increase flood insurance premiums
and risks to life and property. A copy shall be maintained with the
variance record.
Ordinance amendments may be made upon petition of any interested party according to the provisions of W.S.A. § 62.23, for cities and villages. Such petitions shall include all necessary data required by §§
253-5.4 and
253-7.1B.
A. 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 W.S.A. § 62.23, for
cities and villages.
B. No amendments shall become effective until reviewed and approved
by the Department.
C. All persons petitioning for a map amendment that obstructs flow,
increasing regional flood height 0.01 foot or more, 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.
D. For amendments in areas with no water surface profiles, the zoning agency or board shall consider data submitted by the Department, the Zoning Administrator's visual on-site inspections and other available information. (See §
253-1.5D.)
Any violation of the provisions of this chapter 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 chapter 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 W.S.A. § 87.30.
Unless specifically defined below, words and phrases used in
this chapter shall have the same meaning as they have at common law
and to give this chapter its most reasonable application. 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 not discretionary.
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.
A ZONES
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 a 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 W.S.A. § 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, pickup truck, tent or other mobile
recreational vehicle.
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 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 limited 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 regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
ENCROACHMENT
Any fill, structure, equipment, building, use or development
in the floodway.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK
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.
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.
FLOOD-FRINGE
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 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
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 flood-fringe
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 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
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
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 streambed.
HEARING NOTICE
Publication or posting meeting the requirements of W.S.A.
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.
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 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;
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,
equal to or greater than 0.01 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.")
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 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."
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.
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 Flood-fringe 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 regional flood height.
OPEN SPACE USE
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 special flood hazard area and that 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 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 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.
SUBDIVISION
Has the meaning given in W.S.A. § 236.02(12).
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.
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 the ordinance.
VARIANCE
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 this chapter.
VIOLATION
The failure of a structure or other development to be fully
compliant with this 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 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.