Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them 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. Words
used in the singular number include the plural and words in the plural
number include the singular. The word "may" is permissive. The word
"shall" is mandatory and not discretionary.
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.
Those areas shown on a community's Official Floodplain
Zoning Map which would be inundated by the "base flood" or "regional
flood," as defined herein. These areas may be numbered as A0, A1 to
A30, A99 or be 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.
A flood having a one-percent chance of being equalled or
exceeded in any given year. (See also "regional flood.")
An elevation equal to that which reflects the height of the
base flood as defined above.
The body established under § 62.23, Wis. Stats.,
and designated "Zoning Board of Appeals," or as established under
§ 59.694, Wis. Stats.[1]
A geographic line along a reach of navigable body of water
that has been adopted by a municipal ordinance and approved by the
Department of Natural Resources pursuant to § 30.11, Wis.
Stats., and which allows complete filling on the landward side, except
where such filling is prohibited by the floodway provisions of this
chapter.
A certification by the Zoning Administrator stating that
the 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.
A channel is a natural or artificial watercourse with definite
bed and banks to confine and conduct the normal flow of water.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of buildings, structures
or accessory structures; the construction of additions or substantial
improvements to buildings, structures or accessory structures; the
placement of manufactured and mobile homes; mining, dredging, filling,
grading, paving, excavation or drilling operations; and the deposition
or extraction of materials.
An encroachment is any fill, structure, building, accessory
use, use or development in the floodway.
The effect of any encroachment into the floodway is computed
by assuming an equal degree of hydraulic encroachment on the opposite
side of a river or stream for a significant hydraulic reach. This
computation assures that property owners up, down or across the river
or stream will have the same rights of hydraulic encroachment. (Also
see "hydraulic reach and floodway encroachment lines.")
The effect of any development on the storage capacity of
a floodplain area, particularly upstream from urban areas, is analyzed
by assuming an equal loss of flood storage for all property owners
and subdivided lots in the storage area of a floodplain on both sides
of a river or stream for a significant hydrologic reach.
A parcel (or continuous parcels) of land divided into two
or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to
be affixed (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.[2]
The federal agency that administers the National Flood Insurance
Program. This agency was previously known as the Federal Insurance
Administration (FIA). The Division of Insurance and Mitigation is
contained within FEMA. (Should it be necessary to contact FEMA for
information or assistance, the Region V office of the Federal Emergency
Management Agency's Division of Insurance and Mitigation should be contacted.)
The flood fringe is 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.
A map prepared for the municipality by FEMA, designating
approximate flood hazard areas. Flood hazard areas are designated
as A Zones. Said map forms the basis for both the regulatory and insurance
aspects of the National Flood Insurance Program.
A technical engineering examination, evaluation and determination
of the Village's 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 A Zones.
Flood Insurance Study maps form the basis for both the regulatory
and the insurance aspects of the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
waters, or the unusual and rapid accumulation or runoff of surface
waters from any source.
A graph or a longitudinal profile showing the relationship
of the water surface elevation of a flood event to locations along
a stream or river.
Floodproofing involves any combination of structural and
nonstructural additions, changes or adjustments to reduce or eliminate
flood damage to unimproved or improved real estate, water and sanitary
facilities, structures and their contents.
An elevation that corresponds to a point two feet of freeboard
above the water surface profile associated with the regional flood.
(Also see "freeboard.")
The floodplain is the land which has been or may be hereafter
covered by floodwater during the regional flood. The floodplain includes
the floodway and the flood fringe.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry and discharge the
floodwater or flood flows associated with the regional flood without
cumulatively increasing the water surface elevation more than 0.1
foot (3 cm.).
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 (equal
degree of hydraulic encroachment) to determine its effect on the regional
flood elevations upstream.
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 riverbed or streambed.
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
That portion of the river or stream extending from one significant
change in the hydraulic character of the river or stream to the next
significant change. These changes are usually associated with breaks
in the slope of the water surface profile and may be caused by bridges,
dams, expansions and contraction of the water flow and changes in
streambed slope or vegetation.
A designated length of river, stream or lake where the storage
of floodwaters therein has been taken into account to reduce the regulatory
flood discharge. Major man-made or natural changes in the river character,
limits of political jurisdiction, or a change in the flood-routing
technique used to determine the storage and translation of a flood
wave through the area of interest may be used to define the end of
a hydrologic reach (e.g., a dam may be considered a major man-made
change in the river character, or a change from channel routing to
reservoir routing may be considered a major change in the flood-routing
technique).
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
A structure transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. For
the purpose of this chapter it does not include recreational vehicles
or travel trailers.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
chapter for the area of floodplain which it occupies. (For example,
an existing residential structure in the flood fringe district is
a conforming use. However, if the first floor is lower than the flood
protection elevation, the structure is nonconforming.)
A nonconforming use is an existing lawful use of a structure,
building or accessory use which is not in conformity with the provisions
of this chapter for the area of the floodplain which it occupies.
That map adopted and made part of this chapter, which has
been approved by the Department of Natural Resources and FEMA.
Those uses having a relatively low flood damage potential
and not involving structures.
An individual or group of individuals, corporation, partnership,
association, municipality or state agency.
The regional flood is 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 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.
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, which includes, but is not limited
to, such objects as roofed and walled buildings, gas or liquid storage
tanks, bridges, dams and culverts.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started, or if the structure has been damaged and is being restored,
before the damage occurred. The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on
the National Register of Historic Places. Ordinary maintenance repairs
are not considered structural repairs, modifications or additions;
such ordinary maintenance repairs include internal and external painting,
decorating, paneling and the replacement of doors, windows and other
nonstructural components.
Any unique and extreme inability to conform to the provisions
of this chapter due to special conditions affecting a particular property,
which were not self-created and are not solely related to economic
gain or loss. Unnecessary hardship is present only where, in the absence
of a variance, no feasible use can be made of the property.
Any public or private water supply, waste collection or disposal
system, including but not limited to private and public wells and
their attendant facilities, septic systems and public sewage collection
systems.
An authorization granted by the Zoning Board of Appeals to
construct, alter or use a structure in a manner which is inconsistent
with the dimensional standards contained in this chapter.
