[9-4-2018]
The purpose of this chapter is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in Chapter 2 of this Title 5. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include protections against natural hazards, protections of valued natural and cultural resources, special design guidelines, and measures to ensure compatibility with airport flight operations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Chapter 5.
A given property may lie within one or more overlay zoning district
based on its geographic location. The provisions of this chapter are
intended to be consulted before issuance of any building permit, site
plan approval, conditional use permit, zoning permit, zoning change,
or land division to ensure the intended use meets all of the requirements
of any applicable overlay district, in addition to the underlying
standard zoning district. For each overlay district established in
this chapter, a definition of the resource or geographic area is provided,
followed by the specific purposes of the protective regulations governing
the resource or geographic location, the method of delineating the
boundaries of the overlay district, and the development regulations.
For the purpose of this Title 5, the following overlay zoning
districts are hereby established.
AP-O
|
Airport Overlay
|
FP-O
|
Floodplain Overlay
|
HP-O
|
Historic Preservation Overlay
|
Except where otherwise indicated in this chapter, the overlay
zoning districts are represented on the Official Zoning Map, adopted
and from time to time amended by the City of Monroe.
(1)Â
Intent. The intent of this overlay district is to regulate and restrict
the height of structures and vegetation in the vicinity of the Monroe
Municipal Airport, to promote public safety, welfare and convenience,
to increase safety in airport operations, to protect persons and property
within the area, and protect the municipal investment in the airport
facilities.
(2)Â
Applicability. This district overlays other zoning districts, and
its regulations further restrict provisions of the underlying district.
(3)Â
Principal, accessory, and temporary uses permitted by right or as
conditional use. Same as for the underlying district except that no
use shall create electrical interference with radio communication
between the airport and aircraft, or make it difficult for pilots
to distinguish between airport lights and others, or result in glare
in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport or otherwise endanger the landing, takeoff,
or maneuvering of aircraft.
(4)Â
Density, intensity, and bulk regulations. Same as for the underlying
zoning district, except that no structure shall be constructed, altered
or located, or permitted to remain after such construction, alteration
or location, and that no trees shall be allowed to grow to a height
in excess of the height limit indicated on the Airport Overlay Zoning
Ordinance.
(1)Â
Intent, purpose and general provisions.
(a)Â
Statutory authorization: This section is adopted pursuant to
the authorization in §§ 62.23 and 87.30 of the Wisconsin
Statutes.
(b)Â
Finding of fact: Uncontrolled development and use of the floodplains
and rivers of the City would impair the public health, safety, convenience,
general welfare and tax base.
(c)Â
Statement of purpose: This section is intended to regulate floodplain
development to protect life, health and property, minimize expenditures
of public funds for flood control projects, minimize rescue and relief
efforts undertaken at the expense of the taxpayers, minimize business
interruptions and other economic disruptions, minimize damage to public
facilities in the floodplain, minimize the occurrence of future flood
blight areas in the floodplain, discourage the victimization of unwary
land and homebuyers, prevent increases in flood heights that could
increase flood damage and result in conflicts between property owners;
and discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
(d)Â
Title: This section shall be known as the Floodplain Zoning
Code for Monroe, Wisconsin.
(e)Â
General provisions:
1.Â
Areas to be regulated. This section regulates all areas within
the limits of the City that would be covered by the regional flood
or base flood.
2.Â
Official maps and revisions.
a.Â
The boundaries of all floodplain districts are designated as
floodplains or A-Zones on the following maps and the revisions in
the City of Monroe floodplain appendix: Flood Insurance Rate Map,
panel numbers 055045C0175G, 55045C0281G, 55045C0282G, 55045C0283G,
55045C0284G, 55045C0301G, 55045C0302G, and 55045C0303G, dated May
18, 2009; with corresponding profiles that are based on the Flood
Insurance Study, number 55045CV000A, dated May 18, 2009; and
b.Â
Any change to the base flood elevations in the Flood Insurance
Study or on the Flood Insurance Rate Map shall be reviewed and approved
by the department and FEMA before it is effective. No changes to regional
flood elevations on non-FEMA maps shall be effective until approved
by the department.
c.Â
The Zoning Administrator shall maintain a file containing these
maps and revisions. If more than one map or revision is referenced,
the most restrictive information shall apply.
3.Â
Establishment of districts. The regional floodplain areas are
divided into four districts as follows:
a.Â
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.
b.Â
The flood fringe district (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
c.Â
The general floodplain district (GFP) is those areas that have
been or may be covered by floodwater during the regional flood.
d.Â
The flood storage district (FSD) is that area of the floodplain
where storage of floodwaters is calculated to reduce the regional
flood discharge.
4.Â
Locating floodplain boundaries. Discrepancies between boundaries
on the Official Floodplain Zoning Map and actual field conditions
shall be resolved using the criteria in Subsection (1)(e)4.a. or b.
of this subsection. If a significant difference exists, the map shall
be amended according to Subsection (10). The Zoning Administrator
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 shall be responsible for documenting actual
pre-development 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 and
an applicant over the district boundary line shall be settled according
to Subsection (9)(d) and the following criteria:
a.Â
If flood profiles exist, the map scale and the profile elevations
shall determine the district boundary. The regional flood or base
flood elevations shall govern if there are any discrepancies.
b.Â
Where flood profiles do not exist, the location of the boundary
shall be determined by the map scale, visual on-site inspection and
any information provided by the department.
5.Â
Removal of lands from floodplain. Compliance with the provisions
of this section shall not be grounds for removing land from the floodplain
unless it is filled at least two feet above the regional flood or
base flood elevation, the fill is next to land outside the floodplain,
and the map is amended under Subsection (10). To remove flood insurance
requirements, the property owner must contact FEMA to request a letter
of map change.
6.Â
Compliance. Any development or use within the areas regulated
by this section shall be in compliance with the terms of this section,
and other applicable local, state, and federal regulations.
7.Â
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this section and obtain all necessary permits. State
agencies are required to comply if § 13.48(13) of the Wisconsin
Statutes applies. The construction, reconstruction, maintenance and
repair of state highways and bridges by the Wisconsin department of
transportation are exempt when § 30.2022 of the Wisconsin
Statutes applies.
8.Â
Abrogation and greater restrictions.
a.Â
This section supersedes all the provisions of any City zoning
code enacted under § 62.23 or 87.30 of the Wisconsin Statutes,
which relate to floodplains except that where another City zoning
code is more restrictive than the provisions contained in this section,
that code shall continue in effect to the extent of the greater restrictions,
but not otherwise.
b.Â
This section is not intended to repeal, abrogate or impair any
deed restrictions, covenants or easements. If this section imposes
greater restrictions, the provisions of this section shall prevail.
9.Â
Interpretation. The interpretation and application of the provisions
of this section shall be held to be minimum requirements liberally
construed in favor of the City and shall not be considered a limitation
on or repeal of any other powers granted by the Wisconsin Statutes.
Where a provision of this section is required by a standard in Chapter
NR 116 of the Wisconsin Administrative Code, and where the chapter
provision is unclear, the provision shall be interpreted in light
of the Chapter NR 116 standards in effect on the date of the adoption
of this section or in effect on the date of the most recent text amendment
to this section.
10.Â
Warning and disclaimer of liability. The flood protection standards
in this section are based on engineering experience and scientific
research. Larger floods may occur, or the flood height may be increased
by man-made or natural causes. This section does not imply or guarantee
that nonfloodplain areas or permitted floodplain uses will be free
from flooding and flood damage. Nor does this section create liability
of, or a cause of action against, the City, or any officer or employee
thereof, for any flood damage that may result from reliance on this
section.
11.Â
Severability. Should any portion of this section be declared
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this section shall not be affected.
12.Â
Annexed areas. The Green County floodplain zoning provisions
in effect on the date of annexation shall remain in effect and shall
be enforced by the City for all annexed areas until the City adopts
and enforces a code which meets the requirements of Chapter NR 116
of the Wisconsin Administrative Code and the national flood insurance
program. These annexed lands are described on the City's Official
Zoning Map. Green County floodplain zoning provisions are incorporated
by reference for administering this section and are on file in the
office of the Zoning Administrator. All plats or maps of annexation
shall show the regional flood elevation and the location of the floodway.
13.Â
General development standards. The building inspector 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 or modified and adequately anchored
to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads; be constructed
with materials resistant to flood damage; be constructed by methods
and practices that minimize flood damage; and be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities designed or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding. Subdivisions shall be reviewed for compliance with the
standards set forth in this subsection. All subdivision proposals,
including mobile home parks, shall include regional flood elevation
and floodway data for any development that meets the subdivision definition
of this section.
(2)Â
A-ZONES
BASE FLOOD
BULKHEAD
CAMPGROUND
CAMPING UNIT
CERTIFICATE OF COMPLIANCE
CHANNEL
CRAWLWAY
DECK
DEPARTMENT
DEVELOPMENT
DRY LAND ACCESS
ENCROACHMENT
EXISTING MANUFACTURED HOME PARK
EXPANSION TO MANUFACTURED HOME PARK
FEMA
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE RATE MAP
FLOOD INSURANCE STUDY
FLOOD or FLOODING
FLOOD PROFILE
FLOOD PROTECTION ELEVATION
FLOOD STORAGE
FLOODFRINGE
FLOODPLAIN
FLOODPLAIN MANAGEMENT
FLOODPLAIN ZONING VARIANCE
FLOODPROOF
FLOODWAY
FREEBOARD
HABITABLE STRUCTURE
HIGH FLOOD DAMAGE POTENTIAL
HISTORIC STRUCTURE
INCREASE IN REGIONAL FLOOD HEIGHT
LAND USE
MANUFACTURED HOME
MOBILE RECREATIONAL VEHICLE
NATIONAL GEODETIC VERTICAL DATUM
NEW CONSTRUCTION
NORTH AMERICAN VERTICAL DATUM
OBSTRUCTION TO FLOW
OFFICIAL FLOODPLAIN ZONING MAP
OPEN SPACE USE
ORDINARY HIGHWATER MARK
PRIVATE SEWAGE SYSTEM
PUBLIC UTILITIES
REASONABLY SAFE FROM FLOODING
REGIONAL FLOOD
START OF CONSTRUCTION
SUBDIVISION
SUBSTANTIAL DAMAGE
WATER SURFACE PROFILE
WATERSHED
WELL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
The flood having a one-percent chance of being equaled or
exceeded in any given year, as published by FEMA as part of a flood
insurance study and depicted on a Flood Insurance Rate Map.
A geographic line along a reach of navigable water that has
been adopted as a City code and approved by the department under § 30.11
of the Wisconsin Statutes, 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
section.
Any parcel of land which is designed, maintained, intended
or used for sites for nonpermanent overnight use by four or more camping
units, or which is advertised or represented as a camping area.
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, pick-up truck, tent or other mobile
recreational vehicle.
A certification that the construction and the use of land
or a building, the elevation of fill or the lowest floor of a structure
are in compliance with all of the provisions of this section.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
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.
An unenclosed exterior structure that has no roof or sides
but has a permeable floor which allows the infiltration of precipitation.
The Wisconsin Department of Natural Resources.
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 systems or water supply facilities.
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.
Any fill, structure, equipment, building, use or development
in the floodway.
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
section. 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.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading, or the pouring of concrete
pads.
The federal agency known as the Federal Emergency Management
Agency that administers the National Flood Insurance Program.
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 until superseded by a flood insurance study and a Flood Insurance
Rate Map.
A map of a community on which the federal Insurance Administration
has delineated both special flood hazard areas (the floodplain) and
the risk premium zones applicable to the community. This map can only
be amended by FEMA.
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.
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; or c) 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.
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.
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood.
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
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.
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.
Policy and procedures to insure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
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 section.
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, to reduce or eliminate flood damage.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
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.
Any structure or portion thereof used or designed for human
habitation.
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.
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 City's
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.
A calculated upward rise in the regional flood elevation,
equal to or greater than 0.01 foot, based on a comparison of existing
conditions and proposed conditions which are 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.
Any nonstructural use made of unimproved or improved real
estate.
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.
"Manufactured home" includes a mobile home but does not include a
mobile recreational vehicle.
See "recreational vehicle" in § 5-1-22 of this Title 5.
Elevations referenced to mean sea level datum, 1929 adjustment.
Structures for which the start of construction commenced
on or after the effective date of floodplain zoning regulations adopted
by the City and includes any later improvements to such structures.
To determine flood insurance rates, it includes any structures for
which the start of construction commenced on or after the effective
date of an initial Flood Insurance Rate Map or after December 31,
1974, whichever is later, and includes any later improvements to such
structures.
Elevations referenced to mean sea level datum, 1988 adjustment.
Any development which blocks the conveyance of floodwaters
such that this development alone or with any future development will
cause an increase in regional flood eight.
Those maps, adopted and made part of this section, as described
in Subsection (1)(e)2., which has been approved by the department
and FEMA.
Those uses having a relatively low flood damage potential
and not involving structures.
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.
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.
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.
Base floodwaters will not inundate the land or damage structures
to be removed from the special flood hazard area and that any subsurface
waters related to the base flood will not damage existing or proposed
buildings.
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 Flood Insurance Rate Map, the regional flood
elevation is equivalent to the base flood elevation.
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 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
structure, 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.
Has the meaning set forth in § 6-1-3 of this Code.
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.
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.
The entire region contributing runoff or surface water to
a watercourse or body of water.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
(3)Â
General standards applicable to all floodplain districts.
(a)Â
Hydraulic and hydrologic analyses:
1.Â
No floodplain development, except as provided in Subsection
(3)(a)3. of this section, shall be allowed in floodplain areas which
will:
2.Â
The Zoning Administrator shall deny permits if it is determined
the proposed development will obstruct flow or increase regional flood
heights 0.01 foot or more, based on the officially adopted Flood Insurance
Rate Map or other adopted map, unless the provisions of Subsection
(3)(a)3 are met.
3.Â
Obstructions or increases equal to or greater than 0.01 foot
may only be permitted if amendments are made to this section, the
official Floodplain Zoning Maps, floodway lines and water surface
profiles, under Subsection (10). Any such alterations must be reviewed
and approved by FEMA and the department.
(b)Â
Watercourse alterations:
1.Â
No land use permit to alter or relocate a watercourse in a mapped
floodplain shall be issued until the Zoning Administrator has notified
in writing all adjacent municipalities, the department and FEMA regional
offices and required the applicant to secure all necessary state and
federal permits. The flood carrying capacity of any altered or relocated
watercourse shall be maintained.
2.Â
As soon as is practicable, but not later than six months after
the date of the watercourse alteration or relocation, the Zoning Administrator
shall notify FEMA of the changes by submitting appropriate technical
or scientific data under National Flood Insurance Program guidelines
that shall be used to revise the Flood Insurance Rate Map, risk premium
rates and floodplain management regulations as required.
(c)Â
Development under Chapters 30 and 31 of the Wisconsin Statutes: Development which requires a permit from the department, under Chapters 30 and 31 of the Wisconsin Statutes, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, base flood elevations established in the flood insurance study, or other data from the officially adopted Flood Insurance Rate Map, or other floodplain zoning maps or this section are made, under § 5-6-6(10).
(d)Â
Public or private campgrounds: Public or private campgrounds
shall have a low flood damage potential and shall meet the following
provisions:
1.Â
The campground is approved by the Wisconsin Department of Health
Services.
2.Â
A land use permit for the campground is issued by the Zoning
Administrator.
3.Â
The character of the river system and the elevation of the campground
are such that a seventy-two-hour warning of an impending flood can
be given to all campground occupants.
4.Â
There is an adequate flood warning procedure for the campground
that offers the minimum notice required under this subsection to all
persons in the campground. This procedure shall include a written
agreement between the campground owner, the City Emergency Government
Coordinator and the Chief of Police 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.Â
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 (3)(d)4., to remain in compliance with all
applicable regulations, including those of the Wisconsin Department
of Health Services and all other applicable regulations.
6.Â
Only camping units are allowed.
7.Â
The camping units may not occupy any site in the campground
for more than 180 consecutive days, at which time the camping unit
must be removed from the floodplain for a minimum of 24 hours.
8.Â
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.Â
The City shall monitor the limited authorizations issued by
the campground operator to assure compliance with the terms of this
section.
11.Â
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.
12.Â
All service facilities, including but not limited to refuse
collection, electrical service, natural gas lines, propane tanks,
private sewage systems and wells, shall be properly anchored and placed
at or floodproofed to the flood protection elevation.
(4)Â
Floodway District (FW).
(a)Â
Applicability: This section applies to all floodway areas on
the Official Floodplain Zoning Maps and those identified under Subsection
(6)(d).
(b)Â
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 code; they meet
the standards in Subsection (4)(c) and (4)(d); and all permits or
certificates have been issued according to Subsection (9)(b):
1.Â
Agricultural uses, such as farming, outdoor plant nurseries,
horticulture, viticulture and wild crop harvesting.
2.Â
Nonstructural industrial and commercial uses, such as loading
areas, parking areas and airport landing strips.
3.Â
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 Subsection (4)(c)4.
4.Â
Uses or structures accessory to open space uses or classified
as historic structures that comply with Subsection (4)(c) and (4)(d)
of this section.
5.Â
Extraction of sand, gravel or other materials that comply with
Subsection (4)(c)4.
6.Â
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 Chapters 30
and 31 of the Wisconsin Statutes.
7.Â
Public utilities, streets and bridges that comply with Subsection
(4)(c)3.
(c)Â
Standards for developments in floodway areas:
1.Â
General:
a.Â
Any development in floodway areas shall comply with Subsection
(3) and have a low flood damage potential.
b.Â
Applicants shall provide the following data to determine the
effects of the proposal according to Subsection (3)(a):
c.Â
The Zoning Administrator shall deny the permit application if
the project will increase flood elevations upstream or downstream
0.01 foot or more, based on the data submitted for Subsection (4)(c)1.b.
2.Â
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.Â
The structure is not designed for human habitation and does
not have a high flood damage potential;
b.Â
The structure must be anchored to resist flotation, collapse
and lateral movement;
c.Â
The structure's mechanical and utility equipment must be
elevated or floodproofed to or above the flood protection elevation;
and
d.Â
The structure must not obstruct the flow of floodwaters or cause
any increase in flood levels during the occurrence of the regional
flood.
4.Â
Fills or deposition of materials: Fills or deposition of materials
may be allowed by permit, if:
a.Â
The requirements of Subsection (3)(a) are met;
b.Â
No material is deposited in the navigable channel unless a permit
is issued by the department pursuant to Chapter 30 of the Wisconsin
Statutes, and a permit under Section 404 of the federal Water Pollution
Control Act, amendments of 1972 (33 U.S.C. § 1344) has been
issued, if applicable, and the other requirements of this section
are met;
c.Â
The fill or other materials will be protected against erosion
by riprap, vegetative cover, sheet piling or bulkheading; and
d.Â
The fill is not classified as a solid or hazardous material.
(d)Â
Prohibited uses: All uses not listed as permitted uses in Subsection
(4)(b) are prohibited, including the following uses:
1.Â
Habitable structures, structures with high flood damage potential,
or those not associated with permanent open space uses;
2.Â
Storing materials that are buoyant, flammable, explosive, injurious
to property, water quality, or human, animal, plant, fish or other
aquatic life;
3.Â
Uses not in harmony with or detrimental to uses permitted in
the adjoining districts;
4.Â
Any private or public sewage systems, except portable latrines
that are removed before flooding and systems associated with recreational
areas and department-approved campgrounds that meet the applicable
provisions of local codes and Chapter SPS 383 of the Wisconsin Administrative
Code;
5.Â
Any public or private wells which are used to obtain potable
water, except those for recreational areas that meet the requirements
of local codes and Chapters NR 811 and NR 812 of the Wisconsin Administrative
Code;
6.Â
Any solid or hazardous waste disposal sites;
7.Â
Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b) of the Wisconsin Administrative
Code; or
8.Â
Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b) of the Wisconsin Administrative
Code; or
9.Â
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.
(5)Â
Flood Fringe District (FF):
(a)Â
Applicability: This section applies to all flood fringe areas
shown on the Official Floodplain Zoning Maps and those identified
under Subsection (6)(d).
(b)Â
Permitted uses: Any structure, land use, or development is allowed
in the flood fringe district if the standards in Subsection (5)(c)
are met, the use is not prohibited by this or any other code or regulation
and all permits or certificates specified in this Title 5.
(c)Â
Standards for development in flood fringe areas: Subsection
(3)(a) shall apply in addition to the following requirements according
to the use requested:
1.Â
Residential uses: Any habitable structure, including a manufactured
home, which is to be erected, constructed, reconstructed, altered,
or moved into the flood fringe area, shall meet or exceed the following
standards:
a.Â
The elevation of the lowest floor, excluding the basement or
crawlway, shall be at or above the flood protection elevation on fill.
The fill 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 if the elevations
of streets or sewer lines make compliance impractical.
b.Â
The basement or crawlway floor may be placed at the regional
flood elevation if it is floodproofed to the flood protection elevation.
No basement or crawlway floor is allowed below the regional flood
elevation.
c.Â
Contiguous dry land access shall be provided from a structure
to land outside of the floodplain, except as provided in Subsection
(5)(c)1.d.
d.Â
In developments where street or sewer line elevations make compliance
with Subsection (5)(C)1.c. impractical, the City may permit new development
and substantial improvements where access roads are at or below the
regional flood elevation, if:
2.Â
Accessory structures or accessory uses:
a.Â
Except as provided in Subsection (5)(c)2.b., an accessory structure
which is not connected to a principal structure may be constructed
with its lowest floor at or above the regional flood elevation.
b.Â
An accessory structure which is not connected to the principal
structure and which is less than 600 square feet in size and valued
at less than $10,000 may be constructed with its lowest floor no more
than two feet below the regional flood elevation if it is subject
to flood velocities of no more than two feet per second and it meets
all of the provisions of Subsection (4)(c)2a. through d. and Subsection
(5)(c)5.
3.Â
Commercial uses: Any commercial structure which is erected,
altered or moved into the flood fringe area shall meet the requirements
of Subsection (5)(c)1. Subject to the requirements of Subsection (5)(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.Â
Manufacturing and industrial uses: Any manufacturing or industrial
structure which is erected, altered or moved into the flood fringe
area shall be protected to the flood protection elevation using fill,
levees, floodwalls, or other floodproofing measures in Subsection
(9)(f). Subject to the requirements of Subsection (5)(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.Â
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 Subsection
(9)(f). Adequate measures shall be taken to ensure that such materials
will not enter the water body during flooding.
6.Â
Public utilities, streets and bridges: All public utilities,
streets and bridges shall be designed to be compatible with comprehensive
floodplain development plans; and
a.Â
When failure of public utilities, streets and bridges would
endanger public health or safety, or where such facilities are considered
essential, construction of substantial improvements to such facilities
may only be permitted if they are floodproofed in compliance with
Subsection (9)(f) to the flood protection elevation.
b.Â
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.Â
Sewage systems: All on-site sewage disposal systems shall be
floodproofed, under Subsection (9)(f), to the flood protection elevation
and shall meet the provisions of all local codes and Chapter SPS 383
of the Wisconsin Administrative Code.
8.Â
Wells. All wells shall be floodproofed, under Subsection (9)(f),
to the flood protection elevation and shall meet the provisions of
Chapters NR 811 and NR 812 of the Wisconsin Administrative Code.
9.Â
Solid waste disposal sites: Disposal of solid or hazardous waste
is prohibited in flood fringe areas.
10.Â
Deposition of materials: Any deposited material must meet all
the provisions of this section.
11.Â
Manufactured homes.
a.Â
Owners or operators of all manufactured home parks 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.
c.Â
Outside of manufactured home parks, including expansion to manufactured
home parks and all single units outside of manufactured home parks,
all new, replacement and substantially improved manufactured homes
shall meet the residential development standards for the flood fringe
in Subsection (5)(c)1.
12.Â
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 (5)(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.
(6)Â
General Floodplain District (GFP).
(a)Â
Applicability: The provisions for this district shall apply
to all floodplains for which flood profiles are not available or where
flood profiles are available but floodways have not been delineated.
Floodway and flood fringe districts shall be delineated when adequate
data is available.
(b)Â
Permitted uses: Under Subsections (6)(d), it shall be determined
whether the proposed use is located within a floodway or flood fringe
area. Those uses permitted in Subsections (4)(b) and (5)(b) are allowed
within the general floodplain district, according to the standards
of Subsection (6)(c), if all permits or certificates required under
Subsection (9)(b) have been issued.
(c)Â
Standards for development in the general floodplain district:
Once it is determined according to Subsection (6)(d) that a proposed
use is located within a floodway, the provisions of Subsection (4)
shall apply. Once it is determined according to Subsection (6)(d)
that a proposed use is located within the flood fringe, the provisions
of Subsection (5) shall apply. All provisions of the remainder of
this section apply to either district.
(d)Â
Determining floodway and flood fringe limits: Upon receiving
an application for development within the general floodplain district,
the Zoning Administrator shall:
1.Â
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.
2.Â
Require the applicant to furnish any of the following information
considered 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.Â
A typical valley cross-section showing the stream channel, the
floodplain adjoining each side of the channel, the cross-sectional
area to be occupied by the proposed development, and all historic
high-water information;
b.Â
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.Â
Profile showing the slope of the bottom of the channel or flow
line of the stream;
d.Â
Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage, water supply and
sanitary facilities.
3.Â
Transmit one copy of the information described in Subsection
(6)(d)2.a and b to the department regional office along with a written
request for technical assistance to establish regional flood elevations
and, where applicable, floodway data. Where the provisions of Subsection
(9)(b)2.c apply, the applicant shall provide all required information
and computations to delineate floodway boundaries and the effects
of the project on flood elevations.
(7)Â
Flood storage district:
(a)Â
General: The flood storage district delineates that portion
of the floodplain where storage of floodwaters has been taken into
account and is relied upon to reduce the regional flood discharge.
The district protects the flood storage areas and assures that any
development in the storage areas will not decrease the effective flood
storage capacity which would cause higher flood elevations.
(b)Â
Applicability. The provisions of this section apply to all areas
within the flood storage district (FSD), as shown on the Official
Floodplain Zoning Maps.
(c)Â
Permitted uses. Any use or development which occurs in a flood
storage district must meet the applicable requirements in Subsection
(5)(c).
(d)Â
Standards for development in flood storage districts:
1.Â
Development in a flood storage district shall not cause an increase
equal or greater than 0.01 of a foot in the height of the regional
flood.
2.Â
No development shall be allowed which removes flood storage
volume unless an equal volume of storage as defined by the pre-development
ground surface and the regional flood elevation shall be provided
in the immediate area of the proposed development to compensate for
the volume of storage which is lost (compensatory storage). Excavation
below the groundwater table is not considered to provide an equal
volume of storage.
3.Â
If compensatory storage cannot be provided, the area may not
be developed unless the entire area zoned as flood storage district
is rezoned to the flood fringe district. This must include a revision
to the floodplain study and map done for the waterway to revert to
the higher regional flood discharge calculated without floodplain
storage, as per Subsection (10)(a) of this section.
4.Â
No area may be removed from the flood storage district unless
it can be shown that the area has been filled to the flood protection
elevation and is next to other lands lying outside of the floodplain.
(8)Â
Nonconforming uses:
(a)Â
General:
1.Â
Applicability: If these standards conform to § 62.23(7)(h)
of the Wisconsin Statutes, they shall apply to all modifications or
additions to any nonconforming use or nonconforming structure and
to the use of any structure or premises which was lawful before the
passage of this section or any amendment thereto.
2.Â
The lawful use of a structure or its accessory use which is
not in conformity with the provisions of this section may continue
subject to the following conditions:
a.Â
No modifications or additions to a nonconforming use or a nonconforming
structure shall be permitted unless they comply with this section.
i.Â
The words "modification" and "addition" include, but are not
limited to, any alteration, addition, modification, structural repair,
rebuilding or replacement of any such use, structure, accessory structure
or accessory use.
ii.Â
Ordinary maintenance repairs are not considered an extension,
modification or addition; these include painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components
and the maintenance, repair or replacement of private sewage or water
supply systems or connections to public utilities. Ordinary maintenance
repairs do not include any costs associated with the repair of a damaged
structure.
iii.Â
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 to provide
safe ingress and egress to the principal structure.
b.Â
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 section.
c.Â
The City 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.Â
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 section. Contiguous dry land
access must be provided for residential and commercial uses in compliance
with Subsection (5)(c)1. The costs of elevating 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.Â
Except as provided in Subsection (8)(a)2.f of this section,
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 section requirements. A structure is considered substantially
damaged if the total cost to restore the structure to its pre-damaged
condition equal or exceeds 50% of the structure's present equalized
assessed value.
f.Â
For nonconforming buildings that are damaged or destroyed by
a nonflood disaster, the repair or reconstruction of any such nonconforming
building may be permitted to restore it after the nonflood disaster,
if the nonconforming building will meet all of the minimum requirements
under applicable FEMA regulations (44 CFR Part 60), or the regulations
promulgated thereunder.
g.Â
A nonconforming historic structure may be altered if the alteration
will not preclude the structure's continued designation as a
historic structure, the alteration will comply with Subsection (4)(c)1.,
flood-resistant materials are used, and construction practices and
floodproofing methods that comply with Subsection (9)(f) are used.
(b)Â
Floodway areas:
1.Â
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in a floodway
area, unless such modification or addition:
a.Â
Has been granted a permit or floodplain zoning variance which
meets all the requirements of this section;
b.Â
Meets the requirements of Subsection (8)(a);
c.Â
Will not increase the obstruction to flood flows or regional
flood height;
d.Â
Any addition to the structure shall be floodproofed, under Subsection
(9)(f), by means other than the use of fill, to the flood protection
elevation; and
e.Â
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
i.Â
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;
ii.Â
The parts of the foundation located below the flood protection
elevation must be constructed of flood-resistant materials;
iii.Â
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
iv.Â
The use must be limited to parking or limited storage.
2.Â
No new on-site sewage disposal system, or addition to an 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 a floodway area. Any replacement, repair or maintenance
of an on-site sewage disposal system in a floodway area shall meet
the applicable requirements of this code and Chapter SPS 383 of the
Wisconsin Administrative Code.
3.Â
No new well, or modification to a well, used to obtain potable
water shall be allowed in a floodway area. Any replacement, repair
or maintenance of a well in a floodway area shall meet the applicable
requirements of this code and Chapters NR 811 and NR 812 of the Wisconsin
Administrative Code.
(c)Â
Flood fringe areas:
1.Â
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 floodplain zoning variance
by the City, and the modification or addition shall be placed on fill
or floodproofed to the flood protection elevation in compliance with
the standards for that particular use in Subsections (5)(c) and (9)(f),
except where Subsection (8)(c)2 applies.
2.Â
Where compliance with the provisions of Subsection (8)(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 Subsection (9)(d), may grant a floodplain zoning variance from
those provisions of Subsection (8)(c)1, for modifications or additions,
using the criteria listed in this subsection. Modifications or additions
which are protected to elevations lower than the flood protection
elevation may be permitted if:
a.Â
No floor is allowed below the regional flood elevation for residential
or commercial structures;
b.Â
Human lives are not endangered;
c.Â
Public facilities, such as water or sewer, will not be installed;
d.Â
Flood depths will not exceed two feet;
e.Â
Flood velocities will not exceed two feet per second; and
f.Â
The structure will not be used for storage of materials as described
in Subsection (5)(c)6.
3.Â
If neither the provisions of Subsection (8)(c)1 or (8)(c)2 can
be met, one addition to an existing room in a nonconforming building
or a building with a nonconforming use may be allowed in the floodfringe,
if the addition:
a.Â
Meets all other regulations and will be granted by permit or
floodplain zoning variance;
b.Â
Does not exceed 60 square feet in area; and
c.Â
In combination with other previous modifications or additions
to the building, does not equal or exceed 50% of the present equalized
assessed value of the building.
4.Â
All new private sewage systems, or addition to, replacement,
repair or maintenance of a private sewage system shall meet all the
applicable provisions of all local codes and Chapter SPS 383 of the
Wisconsin Administrative Code.
5.Â
All new wells, or addition to, replacement, repair or maintenance
of a well shall meet the applicable provisions of this section and
Chapters NR 811 and NR 812 of the Wisconsin Administrative Code.
(9)Â
Administration:
(a)Â
General. The Zoning Administrator shall administer the provisions
of this section.
(b)Â
Zoning Administrator:
1.Â
The Zoning Administrator shall have the following duties and
powers:
a.Â
Advise applicants of the provisions of this section, 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.Â
Issue permits and inspect properties for compliance with provisions
of this section and issue certificates of compliance where appropriate.
c.Â
Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structures
has occurred.
d.Â
Keep records of all official actions such as:
i.Â
All permits issued, inspections made, and work approved.
ii.Â
Documentation of certified lowest floor and regional flood elevations
for floodplain development.
iii.Â
Records of water surface profiles, floodplain
zoning maps and codes, nonconforming uses and nonconforming structures
including changes, appeals, floodplain zoning variances and amendments.
iv.Â
All substantial damage assessment reports for floodplain structures.
e.Â
Submit copies of the following items to the department regional
office:
i.Â
Within 10 days of the decision, a copy of any decisions on floodplain
zoning variances, appeals for map or text interpretations, and map
or text amendments.
ii.Â
Copies of any case-by-case analyses, and any other information
required by the department including an annual summary of the number
and types of floodplain zoning actions taken.
iii.Â
Copies of substantial damage assessments performed
and all related correspondence concerning the assessments.
f.Â
Investigate, prepare reports, and report violations of this
section to the City Plan Commission and City Attorney for prosecution.
Copies of the reports shall also be sent to the department regional
office.
g.Â
Submit copies of text and map amendments and biennial reports
to the FEMA regional office.
2.Â
Land use permit. A land use permit shall be obtained before
any new development or any repair or change in the use of a building
or structure, including sewer and water facilities, may be initiated.
Application to the Zoning Administrator shall include:
b.Â
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
i.Â
Location, dimensions, area and elevation of the lot;
ii.Â
Location of the ordinary high-water mark of any abutting navigable
waterways;
iii.Â
Location of any structures with distances measured
from the lot lines and street center lines;
iv.Â
Location of any existing or proposed on-site private sewage
systems or private water supply systems;
v.Â
Location and elevation of existing or future access roads;
vi.Â
Location of floodplain and floodway limits as determined from
the Official Floodplain Zoning Maps;
vii.Â
The elevation of the lowest floor of proposed
buildings and any fill using vertical datum from either the National
Geodetic Vertical Datum or the North American Vertical Datum studies;
viii.Â
Data sufficient to determine the regional flood
elevation in the National Geodetic Vertical Datum or the North American
Vertical Datum at the location of the development and to determine
whether or not the requirements of Subsection (4) or (5) are met;
and
ix.Â
Data to determine if the proposed development will cause an
obstruction to flow or an increase in regional flood height or discharge
according to Subsection (3)(a). This may include any of the information
noted in Subsection (4)(c)1.
c.Â
Data requirements to analyze developments.
i.Â
The applicant shall provide all survey data and computations
required to show the effects of the project on flood heights, velocities
and floodplain storage, for all subdivision proposals, and other proposed
developments exceeding five acres in area or where the estimated cost
exceeds $125,000. The applicant shall provide:
ii.Â
The estimated cost of the proposal shall include all structural
development, landscaping, access and road development, utilities,
and other pertinent items, but need not include land costs.
d.Â
Expiration. All permits issued under the authority of this section
shall expire one year from the date of issuance.
3.Â
Certificate of compliance. No land shall be occupied or used,
and no building which is constructed, altered, added to, modified,
repaired, rebuilt or replaced shall be occupied until a certificate
of compliance is issued by the Zoning Administrator, except where
no permit is required, subject to the following provisions:
a.Â
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this section.
b.Â
Application for such certificate shall be concurrent with the
application for a permit.
c.Â
If all section provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed.
d.Â
The applicant shall submit a certification signed by a registered
professional engineer or registered 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 registered architect that floodproofing measures
meet the requirements of Subsection (9)(f).
4.Â
Other permits. The applicant must secure all necessary permits
from federal, state, and local agencies, including those required
by the U.S. army corps of engineers under Section 404 of the federal
Water Pollution Control Act, amendments of 1972, 33 U.S.C. § 1344.
(d)Â
Board of Appeals. The Board of Appeals, created under § 62.23(7)(e)
of the Wisconsin Statutes, is hereby authorized or shall be appointed
to act for the purposes of this section. The Board of Appeals shall
exercise the powers conferred by Wisconsin Statutes and adopt rules
for the conduct of business. The Zoning Administrator may not be the
secretary of the Board of Appeals.
1.Â
Powers and duties. The Board of Appeals shall:
a.Â
Hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Zoning
Administrator or any other administrative official in the enforcement
or administration of this section.
b.Â
Hear and decide disputes concerning the district boundaries
shown on the Official Floodplain Zoning Map.
c.Â
Hear and decide, upon appeal, floodplain zoning variances from
the standards of this section.
2.Â
Appeals to the Board of Appeals.
a.Â
Appeals to the Board of Appeals may be taken by any person aggrieved,
or by any officer, department or board of the City affected by any
decision of the Zoning Administrator or other administrative officer.
Such appeal shall be taken within 30 days unless otherwise provided
by the rules of the Board of Appeals, by filing with the official
whose decision is in question, and with the Board of Appeals, a notice
of appeal specifying the reasons for the appeal. The official whose
decision is in question shall transmit to the Board of Appeals all
records regarding the matter appealed.
b.Â
Notice and hearing for appeals including floodplain zoning variances.
i.Â
Notice. The Board of Appeals shall:
a)Â
Fix a reasonable time for the hearing;
b)Â
Publish adequate notice pursuant to Wisconsin Statutes,
specifying the date, time, place and subject of the hearing; and
c)Â
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.
c.Â
Decision: The final decision regarding the appeal or floodplain
zoning variance application shall:
i.Â
Be made within a reasonable time.
ii.Â
Be sent to the department regional office within 10 days of
the decision.
iii.Â
Be a written determination signed by the chairperson
or secretary of the Board of Appeals.
iv.Â
State the specific facts which are the basis for the Board of
Appeal's decision.
v.Â
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 floodplain zoning
variance application.
vi.Â
Include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a floodplain zoning variance,
clearly stated in the recorded minutes of the Board of Appeals proceedings.
3.Â
Boundary disputes. The following procedure shall be used by
the Board of Appeals in hearing disputes concerning floodplain district
boundaries as shown on the Official Floodplain Zoning Map:
a.Â
Where 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.Â
In all cases, the person contesting the boundary location shall
be given a reasonable opportunity to present arguments and technical
evidence to the Board of Appeals.
c.Â
Where it is determined that the boundary is incorrectly mapped,
the Board of Appeals should inform the Zoning Administrator or the
person contesting the boundary location to petition the council for
a map amendment according to Subsection (10).
4.Â
Floodplain zoning variance.
a.Â
The Board of Appeals may, upon appeal, grant a floodplain zoning
variance from the standards of this section if an applicant convincingly
demonstrates that:
i.Â
Literal enforcement of the section provisions will cause an
unnecessary hardship;
ii.Â
The hardship is due to adoption of this section and unique property
conditions, not common to adjacent lots or premises. In such case
the section or map must be amended;
iii.Â
The floodplain zoning variance is not contrary
to the public interest; and
iv.Â
The floodplain zoning variance is consistent with the purpose
of this section in Subsection (1)(c).
b.Â
In addition to the criteria in Subsection (9)(d)4.a, to qualify
for a floodplain zoning variance under FEMA regulations, the following
criteria must be met:
i.Â
The floodplain zoning variance may not cause any increase in
the regional flood elevation;
ii.Â
Floodplain zoning variances can only be granted for lots that
are less than 1/2 acre and are next to existing structures constructed
below the regional flood elevation; and
iii.Â
Floodplain zoning 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 section.
c.Â
A floodplain zoning variance shall not:
i.Â
Grant, extend or increase any use prohibited in the zoning district.
ii.Â
Be granted for a hardship based solely on an economic gain or
loss.
iii.Â
Be granted for a hardship which is self-created.
iv.Â
Damage the rights or property values of other persons in the
area.
v.Â
Allow actions without the amendments to this section or map(s)
required in Subsection (10)(a).
vi.Â
Allow any alteration of a historic structure, including its
use, which would preclude its continued designation as a historic
structure.
d.Â
When a floodplain zoning variance is granted, the Board of Appeals
shall notify the applicant in writing that it may increase flood insurance
premiums and risks to life and property. A copy shall be maintained
with the floodplain zoning variance record.
(e)Â
To review appeals of permit denials.
1.Â
The City Plan Commission or Board of Appeals shall review all
data related to the appeal. This may include:
a.Â
Permit application data listed in Subsection (9)(b)2.
b.Â
Floodway/flood fringe determination data in Subsection (6)(d).
c.Â
Data listed in Subsection (4)(c)1.b. where the applicant has
not submitted this information to the Zoning Administrator.
d.Â
Other data submitted with the application, or submitted to the
Board of Appeals with the appeal.
3.Â
For appeals concerning increases in regional flood elevation,
the Board of Appeals shall:
a.Â
Uphold the denial where the Board of Appeals agrees with the
data showing an increase in flood elevation. Increases equal to or
greater than 0.01 foot may only be allowed after amending the flood
profile and map and all appropriate legal arrangements are made with
all adversely affected property owners.
b.Â
Grant the appeal where the Board of Appeal agrees that the data
properly demonstrates that the project does not cause an increase
equal to or greater than 0.01 foot provided no other reasons for denial
exist.
(f)Â
Floodproofing.
1.Â
No permit or floodplain zoning variance shall be issued 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.
2.Â
Floodproofing measures shall be designed to:
a.Â
Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
b.Â
Protect structures to the flood protection elevation;
c.Â
Anchor structures to foundations to resist flotation and lateral
movement; and
d.Â
Insure that structural walls and floors are watertight to the
flood protection elevation, and the interior remains completely dry
during flooding without human intervention.
3.Â
Floodproofing measures could include:
a.Â
Reinforcing walls and floors to resist rupture or collapse caused
by water pressure or floating debris.
b.Â
Adding mass or weight to prevent flotation.
c.Â
Placing essential utilities above the flood protection elevation.
d.Â
Installing surface or subsurface drainage systems to relieve
foundation wall and basement floor pressures.
e.Â
Constructing water supply wells and waste treatment systems
to prevent the entry of floodwaters.
f.Â
Putting cutoff valves on sewer lines or eliminating gravity
flow basement drains.
(g)Â
Public information.
1.Â
Where useful, marks on structures may be set to show the depth
of inundation during the regional flood at appropriate locations within
the floodplain.
2.Â
All available information in the form of maps, engineering data
and regulations shall be readily available and should be widely distributed.
3.Â
All legal descriptions of property in the floodplain should
include information relative to the floodplain zoning classification
when such property is transferred.
(10)Â
Amendments:
(a)Â
General. The Council may change or supplement the floodplain
zoning district boundaries and this section in the manner provided
by law. Actions which require an amendment include, but are not limited
to, the following:
1.Â
Any change to the Official Floodplain Zoning Map, including
the floodway line or boundary of any floodplain area.
2.Â
Correction of discrepancies between the water surface profiles
and floodplain zoning maps.
3.Â
Any fill in the floodplain which raises the elevation of the
filled area to a height at or above the flood protection elevation
and is next to land lying outside the floodplain.
4.Â
Any fill or floodplain encroachment that obstructs flow, increasing
regional flood height 0.01 foot or more.
5.Â
Any upgrade to a floodplain zoning code required by § NR
116.05 of the Wisconsin Administrative Code, or otherwise required
by law, or for changes by the City.
6.Â
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 flood insurance rate map
requires prior approval by FEMA.
(b)Â
Procedures. Amendments to this section may be made upon petition
of any interested party according to the provisions of § 62.23
of the Wisconsin Statutes. Such petitions shall include all necessary
data required by Subsections (6)(d) and (9)(b)2.
1.Â
Copies of any proposed amendment shall be referred to the City
Plan Commission and judiciary and ordinance review committee for recommendation
to the council and public hearing. Copies of the proposed amendment
and notice of the public hearing shall be submitted to the appropriate
district office of the department for review before the hearing. The
amendment procedure shall comply with the provisions of § 62.23
of the Wisconsin Statutes.
2.Â
No amendment to the maps or this section shall become effective
until reviewed and approved by the department.
3.Â
All persons petitioning for a map amendment that obstructs flow,
increasing regional flood height 0.01 foot or more, shall obtain flooding
easements or other appropriate legal arrangements from all adversely
affected property owners and notify local units of government before
the amendment can be approved by the Council.
4.Â
For amendments in areas with no water surface profiles, the
City Plan Commission or Board of Appeals shall consider data submitted
by the department, the Zoning Administrator's visual on-site
inspections and other available information.
(11)Â
Enforcement and penalties: A person who violates any provision of
this section shall upon conviction be subject to a Class 1 forfeiture.
Each day of continued violation shall constitute a separate offense.
Every violation of this section is a public nuisance and the creation
may be enjoined and the maintenance may be abated by action at suit
of the City, the state, or any citizen thereof under § 87.30
of the Wisconsin Statutes.
(1)Â
Purpose: It is hereby declared a matter of public policy that the
protection, enhancement, perpetuation and use of improvements or sites
of special character or special architectural, historic value is a
public necessity and is required promote the health, prosperity, safety
and welfare of the people. The purpose of this overlay district is
to:
(a)Â
Protect, enhance, and preserve improvements, sites and districts
which represent or reflect elements of Monroe's cultural, social,
economic, political and architectural history.
(b)Â
Safeguard Monroe's historic, prehistoric and cultural heritage,
as embodied and reflected in such historic structures, sites and districts.
(c)Â
Stabilize and improve property values and enhance the visual
and aesthetic character of Monroe.
(d)Â
Protect and enhance Monroe's attraction to residents, tourists,
and visitors, and support and stimulate business and industry in the
City.
(2)Â
Land use regulations. Refer to the underlying zoning district.