The following terms used in this chapter mean:
ACCESSORY STRUCTURE OR USE
A detached, subordinate structure or a use which is clearly
incidental to and customarily found 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.
A ZONES
Those areas shown on the village's Official Floodplain Zoning
Map which would be inundated by the base flood or regional flood as
defined herein. These areas are 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.
BOATHOUSE
As defined in W.S.A. s. 30.01(1d), means a structure used
for the storage of watercraft and associated materials which has one
or more walls or sides.
BULKHEAD LINE
A geographic line along a reach of navigable water that has
been specified by adoption of a village ordinance and approved by
the Department of Natural Resources, pursuant to W.S.A. s. 30.11,
and which allows limited filling between the bulkhead line and the
original ordinary high-water mark, except where such filling is prohibited
by the floodway provisions of this chapter.
CERTIFICATE OF COMPLIANCE
A certification issued by the Zoning Administrator stating
that any construction and use of land or a building, the elevation
of fill or the first 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 a normal flow of water.
CONDITIONAL USE
A use which is permitted by this chapter, provided that certain
conditions specified in this chapter are met and that a permit is
granted by the Board of Appeals or, where designated, the Plan Commission.
DEPARTMENT
The Wisconsin Department of Natural Resources.
DEVELOPMENT
Any new use, change of use and any change to improved or
unimproved real estate, including but not limited to the construction
of buildings, structures or accessory structures; any placement of
mobile homes; the construction of additions or substantial alterations
to buildings, structures or accessory structures; the placement of
buildings or structures; ditching, lagooning, dredging, filling, grading,
paving, excavation or drilling operations; the deposition or extraction
of earthen materials; and public or private sewage disposal systems
or water supply facilities.
DRAINAGE SYSTEM
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
DRY LAND 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, building, use or development in the
floodway.
ENVIRONMENTAL CONTROL FACILITY
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
EXISTING MANUFACTURED OR MOBILE HOME PARK OR MOBILE HOME SUBDIVISION
A parcel or contiguous parcels of land divided into two or
more mobile home lots for rent or sale on which the construction of
facilities for servicing the lots, including, at a minimum, the installation
of utilities, either final site grading or the pouring of concrete
pads and the construction of streets, is completed before the effective
date of this chapter.
FIXED HOUSEBOAT
As defined in W.S.A. s. 30.01(1r), means a structure not
actually used for navigation which extends beyond the ordinary high-water
mark of a navigable waterway and is retained in place either by cables
to the shoreline or by anchors or spudpoles attached to the bed of
the waterway.
FLOOD FRINGE
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood. It is generally
associated with standing water rather than rapidly flowing water.
FLOOD HAZARD BOUNDARY MAP
A map prepared for the village by FEMA designating approximate
flood hazard areas. Flood hazard areas are designated as unnumbered
A Zones and do not contain floodway lines or regional flood elevations.
These maps form the basis for both the regulatory and insurance aspects
of the National Flood Insurance Program.
FLOOD INSURANCE STUDY
A technical engineering examination, evaluation and determination
of flood hazard areas. It provides maps designating those areas affected
by the regional flood and provides both flood insurance rate zones
and regional flood elevations as well as floodway lines. The flood
hazard areas are designated as numbered or unnumbered A Zones. Flood
Insurance Study maps 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 or Lake Superior.
(4)
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
That land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain is comprised of the floodway,
flood fringe and general floodplain areas.
FLOODPLAIN ISLAND
A natural geological land formation within the floodplain
that is surrounded, but not covered, by floodwater during the regional
flood.
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 and nonstructural additions,
changes or adjustments which reduce or eliminate flood damage to unimproved
or improved real estate, water and sanitary facilities, structures
and their contents.
FLOOD PROTECTION ELEVATION
An elevation that corresponds to a point two feet of freeboard
above the water surface profile associated with the regional flood.
(See "freeboard.")
FLOODWAY
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
FLOODWAY ENCROACHMENT LINES
Lines which represent the limits of obstruction to flood
flows. These lines are designated on both sides of and generally parallel
to the channel of a river or stream. They are established by assuming
that the area landward (outside of the encroachment lines) will ultimately
be developed in such a way that it will not convey flood flows, but
the development will not cause an increase to regional flood elevations
upstream. It is assumed that any development riverward of these lines
will cause an obstruction and will require a detailed analysis to
determine its effect on the regional flood elevations upstream.
FREEBOARD
Freeboard represents a factor of safety usually expressed
in terms of a certain amount of feet above a calculated flood level.
Freeboard compensates for the many unknown factors that contribute
to flood heights greater than the height calculated. These unknown
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 the sedimentation of a river or stream
bed.
HEARING NOTICE
Publication or posting meeting the requirements of a W.S.A.
ch. 985. Class 1 notice is required at a minimum for appeals, published
once at least one week before the hearing. Class 2 notice is required
at a minimum for all zoning ordinances and amendments, including map
amendments, published twice, once each week consecutively, the last
publication at least a week before the hearing.
HIGH FLOOD DAMAGE POTENTIAL
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
INCREASE IN REGIONAL FLOOD HEIGHT
A calculated upward rise in the regional flood elevation
equal to or greater than 0.01 feet, resulting from 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. (See "development.")
MOBILE HOME or 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. For the
purpose of this chapter, it does not include recreational vehicles
or travel trailers.
NAVIGABLE WATERS
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters which are navigable under the laws of this
state. The Wisconsin Supreme Court has declared navigable bodies of
water with a bed differentiated from adjacent uplands and with levels
or flow sufficient to support navigation by a recreational craft of
the shallowest draft on an annually recurring basis.
OBSTRUCTION TO FLOW
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in 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
Any individual or group of individuals, corporation, partnership,
association, municipality or state agency.
PLAN COMMISSION
The Village Plan Commission or an agency, committee or Board
of Public Land Commissioners of the Village Board created under W.S.A.
s. 62.23(1) which acts on matters pertaining to planning and zoning.
REGIONAL FLOOD
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected
to occur on a particular stream because of like physical characteristics.
The flood frequency of the regional flood is once in every 100 years.
This means that in any given year there is a one-percent chance that
the regional flood may occur or be exceeded. During a typical thirty-year
mortgage period, the regional flood has a twenty-six-percent chance
of occurrence. The regional flood is based upon a statistical analysis
of stream flow records available for the watershed or an analysis
of rainfall and runoff characteristics in the general watershed region,
or both. FEMA uses the term "base flood," which means the regional
flood.
SHORELANDS
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
SHORELAND-WETLAND DISTRICT
The zoning district created in this chapter, comprised of
shorelands that are designated as wetlands on the wetland inventory
maps which have been adopted and made a part of this chapter.
STORAGE CAPACITY OF A FLOODPLAIN
The volume of space above an area of floodplain land that
can be occupied by floodwater of a given stage at a given time regardless
of whether the water is moving.
UNNECESSARY HARDSHIP
That circumstance where special conditions which were not
self-created affect a particular property and make strict conformity
with the restrictions governing dimensional standards, such as area,
setbacks, frontage or height, unnecessarily burdensome or unreasonable
in light of the purpose of this chapter. Unnecessary hardship is present
only where, in the absence of a variance, no feasible use can be made
of the property.
VARIANCE
An authorization granted by the Board of Appeals to construct,
alter or use a building or structure in a manner that deviates from
the dimensional standards of this chapter. A variance may not permit
a use of property otherwise prohibited by this chapter or allow construction
not protected to the flood protection elevation.
WATER SURFACE PROFILE
A graph 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.
WETLAND ALTERATION
Any construction, filling, flooding, draining, dredging,
ditching, tiling, excavating, temporary water level stabilization
measures or dike and dam construction in a wetland area.
WETLANDS
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.