The provisions of this article shall apply to all areas within the Flood-Fringe District, as shown on the Official Floodplain Zoning Maps, and to those portions of the General Floodplain District that are determined to be in the flood-fringe area pursuant to § 395-24 of this chapter.
Any structures, land use or development, including accessory structures and uses, is allowed within the Flood-Fringe District and flood-fringe portions of the General Floodplain District, provided that the standards contained in § 395-20 are met, that the use is not prohibited by this chapter or any other ordinance or any other local, state or federal regulation and that all permits or certificates required by Article VII have been issued.
All of the provisions of § 395-12 shall apply in addition to the following requirements of this section, according to the use requested:
A. 
Residential uses. Any structure or building used for human habitation, including mobile/manufactured homes, which is to be erected, constructed, reconstructed, altered or moved into the flood-fringe area shall meet or exceed the following standards:
(1) 
The elevation of the lowest floor excluding the basement or crawlway shall be at or above the flood-protection elevation (which is a point two feet above the regional flood elevation) except where Subsection A(2) below is applicable. The fill elevation shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures where existing streets or sewer lines are at elevations which make compliance impractical, provided the Zoning Board of Appeals grants a variance due to dimensional restrictions.
(2) 
The basement or crawlway floor may be placed at the regional flood elevation providing it is floodproofed to the flood-protection elevation. No permit or variance shall allow any floor, basement or crawlway below the regional flood elevation.
(3) 
Contiguous dry land access, defined in § 395-39 as a vehicle access route above regional flood elevation, shall be provided from a structure or building to land which is outside of the floodplain, except as provided in Subsection A(4) below.
(4) 
In existing developments where existing streets or sewer lines are at elevations which make compliance with Subsection A(3) impractical, the Village may permit new development and substantial improvements where access roads are at or below the regional flood elevation, provided:
(a) 
The Village has written assurance from the appropriate local units of law enforcement, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles, considering the anticipated depth, duration and velocity of the regional flood event; or
(b) 
The Village has a Department-approved emergency evacuation plan.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Accessory structures or uses. An accessory structure or use (not connected to a principal structure, including nonresidential agricultural structures) shall meet all the applicable provisions of §§ 395-16A, B and D and 395-17. A lesser degree of protection, compatible with these criteria and the criteria in Subsection C, may be permissible for an accessory structure or use, provided that the site is not inundated to a depth greater than two feet or subjected to flood velocities greater than two feet per second upon the occurrence of the regional flood.
C. 
Commercial uses. Any commercial structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood-fringe area shall meet the requirements of Subsection A above. Storage yards, parking lots and other accessory land uses may be at lower elevations, subject to the requirements of Subsection E. However, no such area in general use by the public shall be inundated to a depth greater than two feet or subjected to flood velocities greater than two feet per second upon the occurrence of the regional flood. Inundation of such yards or parking areas exceeding two feet may be allowed provided an adequate warning system exists to protect life and property.
D. 
Manufacturing, agricultural and industrial uses. Any manufacturing, agricultural or industrial structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood-fringe area shall be protected to the flood-protection elevation utilizing fill, levees, flood walls, adequate floodproofing measures in accordance with § 395-33, or any combination thereof. On streams or rivers having prolonged flood durations, greater protection may be required to minimize interference with normal plant operations. A lesser degree of protection, compatible with the criteria in Subsections C and E, may be permissible for storage yards, parking lots and accessory structures or uses.
E. 
Storage of materials. The storage of materials that are buoyant, flammable, explosive or which, in times of flooding, could be injurious to property, water quality or human, animal, fish, plant or aquatic life shall be at or above the flood-protection elevation for the particular area or floodproofed in compliance with § 395-33. Adequate measures shall be taken to assure that said materials will not enter the river or stream during flooding.
F. 
Public utilities, streets and bridges. All utilities, streets and bridges should be designed to be compatible with the local comprehensive floodplain development plans and:
(1) 
When failure or interruption of public utilities, streets and bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with § 395-33 to the flood-protection elevation;
(2) 
Minor or auxiliary roads or nonessential utilities may be constructed at lower elevations, provided they withstand flood forces to the regional flood elevation.
G. 
Sewage systems. All on-site sewage disposal systems shall be floodproofed to the flood-protection elevation and shall meet the applicable provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
H. 
Wells. All public or private wells shall be floodproofed to the flood-protection elevation, pursuant to § 395-33, and shall meet the applicable provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
I. 
Solid waste disposal sites. All public or private solid or hazardous waste disposal sites are prohibited in flood-fringe areas.
J. 
Deposition of materials. Any materials deposited for any purpose may only be allowed if all the provisions of this chapter are met.
K. 
Mobile homes and manufactured homes.
(1) 
Owners or operators of all mobile/manufactured home parks and subdivisions located in the regional floodplain shall provide for adequate surface drainage to minimize flood damage and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with the appropriate local emergency management authorities.
(2) 
In existing mobile home parks, all new homes with new pads, replacement units on existing pads, and substantially improved mobile/manufactured homes and recreational vehicles that remain on site in excess of 180 days or are unlicensed or not ready for highway use and which are placed or improved on a site located in the regional floodplain shall:
(a) 
Have the lowest floor elevated to the regional flood elevation; and
(b) 
Be anchored so they do not float, collapse or move laterally during a flood.
(3) 
New mobile home parks, all single units outside of existing parks, all new, replacement and substantially improved mobile/manufactured homes, and recreational vehicles that remain on site more than 180 days, which are unlicensed or are not ready for highway use, shall meet the residential development standards for the flood-fringe in Subsection A.