Village of Hobart, WI
Brown County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Hobart 2-21-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural shoreland management — See Ch. 288.
Shoreland zoning — See Ch. 293.
Zoning — See Ch. 295.
A. 
Statutory authorization. This chapter is adopted pursuant to the authorization in §§ 61.35 and 62.23, for villages and cities; and the requirements in § 87.30, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
C. 
Statement of purpose. This chapter is intended to regulate floodplain development to:
(1) 
Protect life, health and property;
(2) 
Minimize expenditures of public funds for flood control projects;
(3) 
Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
(4) 
Minimize business interruptions and other economic disruptions;
(5) 
Minimize damage to public facilities in the floodplain;
(6) 
Minimize the occurrence of future flood blight areas in the floodplain;
(7) 
Discourage the victimization of unwary land and home buyers;
(8) 
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
(9) 
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
D. 
Title. This chapter shall be known as the "Floodplain Zoning Ordinance for the Village of Hobart, Brown County, Wisconsin."
E. 
General provisions.
(1) 
Areas to be regulated. This chapter regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.
(2) 
Official Maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see § 290-8, Amendments) before it is effective. No changes to RFEs on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Village of Hobart Zoning Administrator/Building Inspector. If more than one map or revision is referenced, the most restrictive information shall apply.
(a) 
Official Maps: Based on the FIS: Flood Insurance Rate Maps (FIRM), panel numbers 55009C0135G, 55009C0141G, 55009C0142G, 55009C0143G, 55009C0144G, dated March 17, 2014 and panel numbers 55009C0130F, 55009C0140F, 55009C0227F, 55009C0229F, 55009C0231F, 55009C0232F, 55009C0233F, 55009C0234F, 55009C0237F, 55009C0239F, 55009C0241F, 55009C0242F, 55009C0243F, 55009C0251F, 55009C0253F, 55009C0161F, and 55009C0163F dated August 18, 2009; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated March 17, 2014, Volume numbers 55009VB001B, 55009VB002B, and 55009VB003B. Approved by: The DNR and FEMA.
(b) 
Official Maps: Based on other studies. (None)
(3) 
Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:
(a) 
The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.
(b) 
The Flood-Fringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.
(c) 
The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM.
(4) 
Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection E(4)(a) or (b) below. If a significant difference exists, the map shall be amended according to § 290-8, Amendments. The Zoning Administrator/Building Inspector can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator/Building Inspector shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator/Building Inspector and an applicant over the district boundary line shall be settled according to § 290-7C(3) and the criteria in Subsection E(4)(a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to § 290-8, Amendments.
(a) 
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
(b) 
Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.
(5) 
Removal of lands from floodplain. Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to § 290-8, Amendments.
(6) 
Compliance. Any development or use within the areas regulated by this chapter shall be in compliance with the terms of this chapter, and other applicable local, state, and federal regulations.
(7) 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Wis. Stats., applies.
(8) 
Abrogation and greater restrictions.
(a) 
This chapter supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23 for cities; § 61.35 for villages; or § 87.30, Wis. Stats., which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(b) 
This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(9) 
Interpretation. In their interpretation and application, the provisions of this chapter are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this chapter, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
(10) 
Warning and disclaimer of liability. The flood protection standards in this chapter are based on engineering experience and research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This chapter does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This chapter does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this chapter.
(11) 
Annexed areas for cities and villages. The Brown County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code, and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's Official Zoning Map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Municipal Zoning Administrator/Building Inspector. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter and all other requirements in § 290-7A(2). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
A. 
Hydraulic and hydrologic analyses.
(1) 
No floodplain development shall:
(a) 
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
(b) 
Cause any increase in the regional flood height due to floodplain storage area lost.
(2) 
The Zoning Administrator/Building Inspector shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of § 290-8, Amendments, are met.
B. 
Watercourse alterations.
(1) 
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 standards of Subsection A must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained.
(2) 
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to § 290-8, Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
C. 
Chapters 30, 31, Wis. Stats., development. 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 floodplain zoning ordinance are made according to § 290-8, Amendments.
D. 
Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
(1) 
The campground is approved by the Department of Health Services;
(2) 
A land use permit for the campground is issued by the Zoning Administrator/Building Inspector;
(3) 
The character of the river system and the campground elevation are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;
(4) 
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;
(5) 
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(4) to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations;
(6) 
Only camping units that are fully licensed, if required, and ready for highway use are allowed;
(7) 
The camping units shall 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;
(8) 
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;
(9) 
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
(10) 
All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either § 290-3, 290-4 or 290-5 for the floodplain district in which the structure is located;
(11) 
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; and
(12) 
All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.
A. 
Applicability. This section applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 290-5D.
B. 
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: they are not prohibited by any other ordinance; they meet the standards in § 290-3C and D; and all permits or certificates have been issued according to § 290-7A.
(1) 
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
(2) 
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
(3) 
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 § 290-3C(4).
(4) 
Uses or structures accessory to open space uses, or classified as historic structures that comply with § 290-3C and D.
(5) 
Extraction of sand, gravel or other materials that comply with § 290-3C(4).
(6) 
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 Chs. 30 and 31, Wis. Stats.
(7) 
Public utilities, streets and bridges that comply with § 290-3C(3).
C. 
Standards for developments in the floodway.
(1) 
General.
(a) 
Any development in the floodway shall comply with § 290-2 and have a low flood damage potential.
(b) 
Applicants shall provide the following data to determine the effects of the proposal according to § 290-2A:
[1] 
A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
[2] 
An analysis calculating the effects of this proposal on regional flood height.
(c) 
The Zoning Administrator/Building Inspector shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for Subsection C(1)(b) above.
(2) 
Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
(a) 
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
(b) 
Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters;
(c) 
Must be anchored to resist flotation, collapse, and lateral movement;
(d) 
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
(e) 
It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
(3) 
Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
(a) 
Adequate floodproofing measures are provided to the flood protection elevation; and
(b) 
Construction meets the development standards of § 290-2A.
(4) 
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
(a) 
The requirements of § 290-2A are met;
(b) 
No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and all other requirements have been met;
(c) 
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
(d) 
The fill is not classified as a solid or hazardous material.
D. 
Prohibited uses. All uses not listed as permitted uses in § 290-3B are prohibited, including the following uses:
(1) 
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
(2) 
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
(3) 
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
(4) 
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. SPS 383, Wis. Adm. Code;
(5) 
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;
(6) 
Any solid or hazardous waste disposal sites;
(7) 
Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code; and
(8) 
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.
A. 
Applicability. This section applies to all flood-fringe areas shown on the Floodplain Zoning Maps and those identified pursuant to § 290-5D.
B. 
Permitted uses. Any structure, land use, or development is allowed in the Flood-Fringe District if the standards in Subsection C are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in § 290-7A have been issued.
C. 
Standards for development in the flood-fringe. Section 290-2A shall apply in addition to the following requirements according to the use requested. Any existing structure in the flood-fringe must meet the requirements of § 290-6, Nonconforming uses;
(1) 
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the flood-fringe, shall meet or exceed the following standards. Any existing structure in the flood-fringe must meet the requirements of § 290-6, Nonconforming uses;
(a) 
The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of Subsection C(1)(b) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
(b) 
The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation.
(c) 
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection C(1)(d).
(d) 
In developments where existing street or sewer line elevations make compliance with Subsection C(1)(c) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
[1] 
The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
[2] 
The municipality has a DNR-approved emergency evacuation plan.
(2) 
Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
(3) 
Commercial uses. Any commercial structure which is erected, altered or moved into the flood-fringe shall meet the requirements of Subsection C(1). Subject to the requirements of Subsection C(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(4) 
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood-fringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in § 290-7E. Subject to the requirements of Subsection C(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(5) 
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with § 290-7E. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
(6) 
Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
(a) 
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with § 290-7E.
(b) 
Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
(7) 
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to § 290-7E(3), to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
(8) 
Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 290-7E(3), to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(9) 
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in flood-fringe areas.
(10) 
Deposition of materials. Any deposited material must meet all the provisions of this chapter.
(11) 
Manufactured homes.
(a) 
Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
(b) 
In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
[1] 
Have the lowest floor elevated to the flood protection elevation; and
[2] 
Be anchored so they do not float, collapse or move laterally during a flood.
(c) 
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the flood-fringe in Subsection C(1).
(12) 
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Subsection C(11)(b) and (c). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
A. 
Applicability. The provisions for this district shall apply to all floodplains mapped as A, AO or AH zones.
B. 
Permitted uses.
(1) 
Pursuant to § 290-5D, it shall be determined whether the proposed use is located within the floodway or flood-fringe.
(2) 
Those uses permitted in the Floodway (§ 290-3B) and Flood-Fringe (§ 290-4B) Districts are allowed within the General Floodplain District, according to the standards of Subsection C, provided that all permits or certificates required under § 290-7A have been issued.
C. 
Standards for development in the General Floodplain District. Section 290-3 applies to floodway areas; § 290-4 applies to flood-fringe areas. The rest of this chapter applies to either district.
(1) 
In AO/AH Zones, the structure's lowest floor must meet one of the conditions listed below, whichever is higher:
(a) 
At or above the flood protection elevation;
(b) 
Two feet above the highest adjacent grade around the structure; or
(c) 
The depth as shown on the FIRM.
(2) 
In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.
D. 
Determining floodway and flood-fringe limits. Upon receiving an application for development within the General Floodplain District, the Zoning Administrator/Building Inspector shall:
(1) 
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; and the flood zone as shown on the FIRM.
(2) 
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.
(a) 
A hydrologic and hydraulic study as specified in § 290-7A(2)(c).
(b) 
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;
(c) 
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
A. 
General.
(1) 
Applicability. If these standards conform with § 62.23(7)(h), Wis. Stats., for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this chapter or any amendment thereto.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this chapter may continue, subject to the following conditions:
(a) 
No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this chapter. The words "modification" and "addition" include, but are not limited to: any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure;
(b) 
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon shall conform to the applicable requirements of this chapter;
(c) 
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
(d) 
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 290-4C(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection;
(e) 
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 290-4C(1);
(f) 
If on a per-event basis the total value of the work being done under Subsection A(2)(d) and (e) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 290-4C(1);
(g) 
Except as provided in Subsection A(2)(h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value;
(h) 
For nonconforming buildings that are substantially damaged or destroyed by a non-flood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.
[1] 
Residential structures.
[a] 
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 290-7E(2).
[b] 
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.
[c] 
Shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
[d] 
In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
[e] 
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 290-5C(1).
[f] 
In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
[2] 
Nonresidential structures.
[a] 
Shall meet the requirements of Subsection A(2)(h)[1][a] through [b] and [e] through [g].
[b] 
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in § 290-7E(1) or (2).
[c] 
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 290-5C(1).
(3) 
A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with § 290-3C(1), flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 290-7E are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of § 290-6A(2)(h)[1] if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
B. 
Floodway District.
(1) 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
(a) 
Has been granted a permit or variance which meets all chapter requirements;
(b) 
Meets the requirements of Subsection A;
(c) 
Shall not increase the obstruction to flood flows or regional flood height;
(d) 
Any addition to the existing structure shall be floodproofed, pursuant to § 290-7E, by means other than the use of fill, to the flood protection elevation; and
(e) 
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
[1] 
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
[2] 
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
[3] 
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
[4] 
The use must be limited to parking, building access or limited storage.
(2) 
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, § 290-7E(3) and Ch. SPS 383, Wis. Adm. Code.
(3) 
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, § 290-7E(3) and Chs. NR 811 and NR 812, Wis. Adm. Code.
C. 
Flood-Fringe District.
(1) 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of § 290-4C, except where Subsection C(2) is applicable.
(2) 
Where compliance with the provisions of Subsection C(1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in § 290-7C, may grant a variance from those provisions of Subsection C(1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
(a) 
No floor is allowed below the regional flood elevation for residential or commercial structures;
(b) 
Human lives are not endangered;
(c) 
Public facilities, such as water or sewer, shall not be installed;
(d) 
Flood depths shall not exceed two feet;
(e) 
Flood velocities shall not exceed two feet per second; and
(f) 
The structure shall not be used for storage of materials as described in § 290-4C(5).
(3) 
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, § 290-7E(3) and Ch. SPS 383, Wis. Adm. Code.
(4) 
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter, § 290-7E(3) and Chs. NR 811 and NR 812, Wis. Adm. Code.
Where a Zoning Administrator/Building Inspector, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under § 59.69, 59.692 or 62.23(7), Wis. Stats., these officials shall also administer this chapter.
A. 
Zoning Administrator/Building Inspector.
(1) 
Duties and powers. The Zoning Administrator/Building Inspector is authorized to administer this chapter and shall have the following duties and powers:
(a) 
Advise applicants of the ordinance 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, 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 zoning agency 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) 
Land use permit. A 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/Building Inspector 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 § 290-3 or 290-4 are met; and
[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 § 290-2A. This may include any of the information noted in § 290-3C(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.
[i] 
The appropriate method shall be based on the standards in § NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
[b] 
Hydraulic modeling. The regional flood elevation shall be based on the standards in § NR 116.07(4), Wis. Admin. Code, 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 § NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
[b] 
Hydraulic model. The regional flood elevation shall be based on the standards in § NR 116.07(4), Wis. Admin. Code, 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 top widths 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, 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 1% and 0.2% 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 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/Building Inspector, 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 ordinance 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 § 290-7E are met.
(4) 
Other permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
B. 
Zoning agency.
(1) 
The Village of Hobart Planning and Zoning Commission shall:
(a) 
Oversee the functions of the office of the Zoning Administrator/Building Inspector; and
(b) 
Review and advise the governing body on all proposed amendments to this chapter, maps and text.
(2) 
The Village of Hobart Planning and Zoning Commission shall not:
(a) 
Grant variances to the terms of the ordinance 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 § 62.23(7)(e), Wis. Stats., 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 Zoning Administrator/Building Inspector shall not be the secretary of the Board.[1]
(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.
(a) 
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/Building Inspector 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.
(b) 
Notice and hearing for appeals, including variances.
[1] 
Notice. The Board 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 shall:
[a] 
Resolve boundary disputes according to § 290-7C(3);
[b] 
Decide variance applications according to § 290-7C(4); and
[c] 
Decide appeals of permit denials according to § 290-7D.
(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 Chairperson or secretary of the Board;
[4] 
State the specific facts which are the basis for the Board's 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 proceedings.
(3) 
Boundary disputes. The following procedure shall be used by the Board 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; and
(c) 
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 § 290-8, Amendments.
(4) 
Variance.
(a) 
The Board 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 this 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 § 290-1C.
(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 § 290-8, 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 shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase. A copy shall be maintained with the variance record.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
To review appeals of permit denials.
(1) 
The Zoning Agency (Subsection B) or Board shall review all data related to the appeal. This may include:
(a) 
Permit application data listed in § 290-7A(2);
(b) 
Floodway/flood-fringe determination data in § 290-5D;
(c) 
Data listed in § 290-3C(1)(b) where the applicant has not submitted this information to the Zoning Administrator/Building Inspector; and
(d) 
Other data submitted with the application, or submitted to the Board with the appeal.
(2) 
For appeals of all denied permits the Board shall:
(a) 
Follow the procedures of § 290-7C;
(b) 
Consider zoning agency recommendations; and
(c) 
Either uphold the denial or grant the appeal.
(3) 
For appeals concerning increases in regional flood elevation, the Board shall:
(a) 
Uphold the denial where the Board 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 § 290-8, Amendments; and
(b) 
Grant the appeal where the Board 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 noncomforming 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) 
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;
[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; and
(d) 
Minimize or eliminate infiltration of floodwaters.
(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.
A. 
Obstructions or increases may only be permitted if amendments are made to this chapter, the official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection B.
(1) 
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this chapter, the official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection B. Any such alterations must be reviewed and approved by FEMA and the DNR.
(2) 
In A Zones, increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this chapter, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection B.
B. 
General. The governing body shall change or supplement the floodplain zoning district boundaries and this chapter in the manner outlined in Subsection C below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
(1) 
Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
(2) 
Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
(3) 
Any changes to any other officially adopted floodplain maps listed in § 290-1E(2)(b);
(4) 
Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
(5) 
Correction of discrepancies between the water surface profiles and floodplain maps;
(6) 
Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
(7) 
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood-fringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
C. 
Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of § 62.23, Wis. Stats., for cities and villages. The petitions shall include all data required by §§ 290-5D and 290-7A(2). The land use permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.[1]
(1) 
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 § 62.23, Wis. Stats., for cities and villages.
(2) 
No amendments shall become effective until reviewed and approved by the Department.
(3) 
All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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 less than $5 and 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 § 87.30, Wis. Stats.
Unless specifically defined, words and phrases in this chapter shall have their common law meaning 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.
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.
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.
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.
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.
BUILDING
See "structure."
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 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, 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 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 regional flood elevation and wide enough for wheeled rescue and relief vehicles.
ENCROACHMENT
Any fill, structure, equipment, use or development in the floodway.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency that administers the National Flood Insurance Program.
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 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 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 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.
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.
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.
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.
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.
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.
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.
HABITABLE STRUCTURE
Any structure or portion thereof used or designed for human habitation.
HEARING NOTICE
Publication or posting meeting the requirements of Ch. 985, Wis. Stats. 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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
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 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
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 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."
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
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/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 if concrete pads.
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, DUPLICATE EFFECTIVE
A copy of the hydraulic analysis used in the effective FIS and referred to as the "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 Village of Hobart, Brown County, Wisconsin.[1]
NAVD or NORTH AMERICAN VERTICAL DATUM
Elevations referenced to mean sea level datum, 1988 adjustment.
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.
NGVD or NATIONAL GEODETIC VERTICAL DATUM
Elevations referenced to mean sea level datum, 1929 adjustment.
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.
OFFICIAL FLOODPLAIN ZONING MAP
That map, adopted and made part of this chapter, as described in § 290-1E(2), which has been approved by the Department and FEMA.
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 Safety and Professional Services, 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 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 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, 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 § 236.02(12), Wis. Stats.
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 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 Zoning Administrator/Building Official and that are the minimum necessary to assure safe living conditions; or any alteration of a 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 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 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.
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.
WATERSHED
The entire region contributing runoff or surface water to a watercourse or body of water.
WELL
An excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).