Village of Winneconne, WI
Winnebago County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Winneconne as Title 13, Ch. 6, of the 2012 compilation of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]
This chapter for floodplain protection is adopted pursuant to the authorization contained in §§ 61.35, 62.23 and 87.30, Wis. Stats.
Uncontrolled development and use of the floodplains, rivers or streams of the Village of Winneconne, Wisconsin, would adversely affect the public health, safety, convenience and general welfare and impair its tax base.
The purpose of this chapter is to provide a uniform basis for the preparation, implementation and administration of sound floodplain regulations for all floodplains within the Village of Winneconne to:
A. 
Protect life, health and property;
B. 
Minimize expenditures of public monies for costly flood-control projects;
C. 
Minimize rescue and relief efforts, generally undertaken at the expense of the general public;
D. 
Minimize business interruptions which usually result in the loss of local incomes;
E. 
Minimize damage to public facilities on the floodplains such as water mains, sewer lines, streets and bridges;
F. 
Minimize the occurrence of future flood blight areas on floodplains;
G. 
Discourage the victimization of unwary land and home buyers; and
H. 
Prevent increases in regional flood heights that could increase flood damage and may result in conflicts or litigation between property owners.
This chapter shall be known as the "Floodplain Zoning Ordinance for the Village of Winneconne, Wisconsin."
Areas regulated by this chapter include all lands within the corporate limits of the Village of Winneconne that would be covered by the "regional flood" defined in Chapter 580, Zoning, Article VII, Definition of Terms, and include "floodplain island" where emergency rescue and relief routes would be inundated by the regional flood.
A. 
Official Map. The boundary of the floodplain districts, including the floodway, flood-fringe, and other floodplain districts, are those areas designated as floodplains or A Zones on the map entitled "Flood Insurance Study Map," with corresponding profiles in the Flood Insurance Study. This map, dated March 2003, is the official floodplain Zoning Map and has been approved by the Department of Natural Resources and the Federal Emergency Management Agency (FEMA). This map is on file in the office of the Village Clerk-Treasurer. If more than one map is referenced, the regional flood profiles govern boundary discrepancies according to § 546-7 below.
B. 
Districts. The regional floodplain areas within the jurisdiction of this chapter are hereby divided into three districts: the Floodway District (FW), the Flood-Fringe District (FF) and the General Floodplain District (GFP), defined as follows:
(1) 
The Floodway District (FW) consists of the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.
(2) 
The Flood-Fringe District (FF) consists of that portion of the floodplain between the regional flood limits and the floodway.
(3) 
The General Floodplain District (GFP) consists of all areas which have been or may be covered by floodwater during the regional flood. It includes both the Floodway and Flood-Fringe Districts.
A. 
Where an apparent discrepancy exists between the location of the outermost boundary of the Flood-Fringe District or General Floodplain District shown on the official floodplain Zoning Map and actual field conditions, it is the responsibility of the property owner to contract with a licensed surveyor to establish the actual on-sight grades and submit any proposed amendments to the floodplain maps to the appropriate agency (i.e., DNR, FEMA).
B. 
Where flood profiles exist, the location of the district boundary line shall be determined by FEMA. Where a discrepancy exists between the map and actual field conditions, the regional flood elevations shall govern. A map amendment is required where there is a significant discrepancy between the map and actual field conditions. The Zoning Administrator shall have the authority to grant or deny a land use permit on the basis of a district boundary derived from the elevations shown on the water surface profile of the regional flood, whether or not a map amendment is required. If a change to the existing regional flood map is requested or required, the landowner shall make application to FEMA and all costs for the survey and application are those of the owner.
C. 
Where flood profiles do not exist, the location of the district boundary line shall be determined by the Zoning Administrator using the scale appearing on the map, visual on-site inspection and any available information provided by the Department. Where there is a significant difference between the district boundary line shown on the map and actual field conditions, the map shall be amended. Where a map amendment has been approved by both the Village Board and the Department, the Zoning Administrator shall have the authority to grant or deny a land use permit.
Compliance with the provisions of this chapter shall not be grounds for removing lands from the floodplain district, unless they are removed by filling to a height of at least two feet above the regional flood elevation, the fill is contiguous to land lying outside the floodplain district and the map is amended pursuant to Chapter 580, Zoning. To remove the land from flood insurance requirements, FEMA must first revise the Flood Insurance Rate Map or issue a letter of map amendment or revision.
A. 
Compliance. Any use or development within the areas to be regulated by this chapter shall be in compliance with the terms of this chapter and other applicable local, state and federal regulations.
B. 
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 are exempt when § 30.2022, Wis. Stats., applies.
A. 
Greater restrictions. This chapter supersedes all the provisions of any municipal zoning ordinance enacted under §§ 61.35, 62.23 or 87.30, Wis. Stats., which relate to floodplains, except that where another municipal zoning ordinance is more restrictive than the provisions contained in this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
B. 
Abrogation. It is not otherwise intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
C. 
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to minimum requirements liberally construed in favor of the governing body and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in Chapter NR 116, Wisconsin Administrative Code, and where the meaning of 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 chapter or in effect on the date of the most recent text amendment to this chapter.
The degree of flood protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Larger floods may occur or the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This chapter does not imply that areas outside of the delineated floodplain or permitted land uses within the floodplain will be totally free from flooding and associated flood damages. Nor does this chapter create a liability on the part of or a cause of action against the Village or any officer or employee thereof for any flood damage that may result from reliance on this chapter.
If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
The Winnebago County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all areas annexed by the Village until the Village adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code. These annexed lands are described on the Village'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 Zoning Administrator.
The provisions for this district shall apply to all floodplains in the Village for which "regional flood" data, as defined in Chapter 580, Zoning, Article VII, Definition of Terms, is not available, or where regional flood data is available but floodways have not been delineated. As adequate regional flood data becomes available and floodways are delineated for portions of this district, such portions shall be placed in the Flood-Fringe or Floodway District, as appropriate.
The General Floodplain District encompasses both floodway and flood-fringe areas. Therefore, a determination shall be made pursuant to this chapter to determine whether the proposed use is located within a floodway or flood-fringe area. Those uses permitted in floodways and flood-fringe areas are allowed within the General Floodplain District according to the standards of this chapter, and provided that all permits or certificates required under this chapter and Chapters 559 and 580 of the Code have been issued.
Once it is determined according to this chapter that a proposed use is located within a floodway, the provisions of §§ 546-19 through 546-22 shall apply. Once determined that the proposed use is located within the flood fringe, the provisions of §§ 546-23 through 546-25 shall apply. All provisions of the remainder of this chapter apply to either district.
A. 
Hydraulic and hydrologic analysis.
(1) 
No development, except as provided in Subsection A(2) below, shall be allowed in floodplain areas which will:
(a) 
Cause an "obstruction to flow," defined in Chapter 580, Zoning, Article VII, Definition of Terms, as any development which physically blocks the conveyance of floodwaters by itself or in conjunction with future similar development causing an increase in regional flood height; or
(b) 
Cause an increase in regional flood height due to floodplain storage area lost, which is equal to or exceeding 0.01 foot.
(2) 
Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the official floodplain Zoning Maps, including floodway lines and water surface profiles, and only if the total cumulative effect of the proposed development will not increase the height of the regional flood more than 0.01 foot for the affected hydraulic reach of the stream unless a waiver is secured from FEMA for the 0.01 foot maximum increase.
(3) 
The Zoning Administrator shall deny permits where it is determined by a qualified independent professional that the proposed development will cause an obstruction to flow or increase in regional flood height of 0.01 foot or greater.
B. 
Manufactured and mobile homes:
(1) 
Owners or operators of all manufactured or mobile home parks and subdivisions located in the regional floodplain shall provide for adequate surface drainage to minimize flood damage.
(2) 
All new, replacement and substantially improved manufactured or mobile homes to be placed or improved on a site shall;
(a) 
Be elevated to the flood protection elevation;
(b) 
Meet the residential development standards for the district; and
(c) 
Be anchored so they do not float, collapse or move laterally during a flood.
C. 
Watercourse alterations. Prior to any alteration or relocation of a watercourse and prior to the issuance of any land use permit which may be required for the alteration or relocation of a watercourse, the Zoning Administrator shall notify, in writing, adjacent municipalities, the appropriate district office of the Department of Natural Resources and the appropriate office of FEMA and shall require the applicant to secure all necessary state and federal permits. The flood-carrying capacity within the altered or relocated portion of any watercourse shall be maintained.
D. 
Chapters 30, 31, Wis. Stats., development. Development which requires a permit from the Department of Natural Resources, under Chapters 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids may be allowed provided the necessary local permits are obtained and necessary amendments to the official floodway lines, water surface profiles, floodplain Zoning Maps or floodplain zoning ordinance are made according to this chapter and Chapter 580.
Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:
A. 
Require the applicant to submit, at the time of application, two copies of an aerial photograph or a plan which accurately locates the proposed development with respect to the General Floodplain District limits, channel of stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures.
B. 
Require the applicant to furnish any of the following additional information as is deemed necessary by the Department for evaluation of the effects of the proposal upon flood height and flood flows, the regional flood elevation and where applicable to determine the boundaries of the floodway:
(1) 
A typical valley cross section showing the channel of the stream, 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.
(2) 
Plan (surface view) showing: elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement 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.
(3) 
Profile showing the slope of the bottom of the channel or flow line of the stream.
(4) 
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage of materials, water supply and sanitary facilities.
C. 
Transmit one copy of the information described in Subsection A and B to the Department District office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.
The provisions of this chapter shall apply to all areas within the Floodway District, as shown on the official floodplain Zoning Maps, and to the floodway portion of the General Floodplain District, as determined pursuant to this chapter, Chapter 559, Shoreland-Wetland Zoning, and Chapter 580, Zoning.
The following open space uses are permitted within the Floodway District and in the floodway portion of the General Floodplain District, provided that they are not prohibited by any other ordinance, that they meet all of the standards contained in § 546-17, and all permits or certificates have been issued according to this chapter, Chapter 559, Shoreland-Wetland Zoning, and Chapter 580, Zoning.
A. 
Agricultural uses, such as: general farming, pasturing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
B. 
Nonstructural industrial and commercial uses, such as: loading areas, parking areas and airport landing strips.
C. 
Nonstructural private and public recreational uses, such as: golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat-launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, hiking and horseback riding trails.
D. 
Uses or structures accessory to open space uses, or those classified as historic structures, that are not in conflict with the provisions.
E. 
Extraction of sand, gravel or other materials pursuant to this chapter and Chapter 580.
F. 
Functionally water-dependent uses, such as: docks, piers or wharves, including docks, piers or wharves used as part of a marina, and other water-related uses, such as dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines, according to Chapters 30 and 31, Wis. Stats.
G. 
Public utilities, streets and bridges, according to this chapter and Chapter 580.
A. 
General requirements.
(1) 
Any development in floodway areas shall:
(a) 
Meet all of the provisions of this chapter and Chapters 559 and 580; and
(b) 
Have low flood-damage potential.
(2) 
Applicants shall provide the following data completed by an independent qualified professional for the Zoning Administrator to determine the effects of the proposal according to this chapter and Chapters 559 and 580:
(a) 
A cross-section elevation view of the proposal, perpendicular to the watercourse, indicating whether the proposed development will obstruct flow; or
(b) 
An analysis calculating the effects of this proposal on regional flood height.
(3) 
The Zoning Administrator shall deny the permit application where there is determined the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for this chapter and Chapters 559 and 580.
B. 
Structures. In or over floodway areas, only structures which are accessory to permitted open space uses, those classified as historic structures, or are functionally dependent on a waterfront location, may be allowed by permit, providing the structures meet all of the following criteria:
(1) 
The structures are not designed for human habitation or associated with high flood-damage potential;
(2) 
The structures are constructed and placed on the building site so as to cause an increase less than 0.01 foot in flood height and offer minimum obstruction to the flow of floodwaters. Structures shall be constructed with the longitudinal axis parallel to the direction of flow of floodwaters, and approximately on the same line as those of adjoining structures;
(3) 
The structures are firmly anchored to prevent them from floating away and restricting bridge openings or other restricted sections of the stream or river; and
(4) 
The structures have all service facilities, such as electrical and heating equipment at or above the flood protection elevation for that particular area.
C. 
Utilities. Public utilities, streets and bridges may be allowed by permit, provided that:
(1) 
Adequate floodproofing measures are provided to the flood protection elevation;
(2) 
Construction does not cause an increase in the regional flood height according to this chapter and Chapters 559 and 580, except where the water surface profiles, floodplain Zoning Maps and floodplain zoning ordinance are amended as needed to reflect any changes resulting from such construction.
D. 
Fills. Fills or deposition of materials may be allowed by permit, provided that:
(1) 
The requirements of this chapter and Chapters 559 and 580 are met;
(2) 
The fill or deposition of materials does not encroach on the channel area between the ordinary high-water mark on each bank of the stream unless a permit has been granted by the Department of Natural Resources pursuant to Chapter 30, Wis. Stats., and a permit pursuant to 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;
(3) 
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling and/or bulk heading sufficient to prevent erosion; and provided that
(4) 
Such fills are not associated with private or public solid waste disposal.
E. 
No modifications or additions shall be allowed to any nonconforming structure or to any structure with a nonconforming use in a floodway area, unless such modification or addition:
(1) 
Has been granted a permit or variance;
(2) 
Meets the requirements for general floodplain;
(3) 
Will not increase the obstruction to flood flows or regional flood height; and
(4) 
Any addition to the existing structure shall be floodproofed, pursuant to this chapter, by means other than the use of fill, to the flood protection elevation.
F. 
No new 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 a floodway area. Any replacement, repair, or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable provisions of local ordinances and applicable Wisconsin Statutes and Administrative Codes.
G. 
No new well used to obtain water for ultimate human consumption, or modifications to an existing well, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable provisions of all municipal ordinance and Chs. NR 811 and NR 812, Wis. Adm. Code.
All uses not listed as permitted uses in § 546-16 are prohibited within the Floodway District and in the floodway portion of the General Floodplain District, including the following uses which are always prohibited in the floodway:
A. 
Structures in, on or over floodway areas which are designed for human habitation, associated with high flood-damage potential, or not associated with permanent open-space uses;
B. 
Storage of any materials that are capable of floating, flammable, explosive or injurious to property water quality or human, animal, plant, fish or other aquatic life;
C. 
Any uses which are not in harmony with, or which may be detrimental to, the uses permitted in the adjoining districts;
D. 
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.
E. 
Any public or private wells which are used to obtain water for ultimate human consumption, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.
F. 
Any solid and hazardous waste disposal sites, whether public or private.
G. 
Any wastewater treatment ponds or facilities except those permitted under § NR 110.15(3)(b), Wis. Adm. Code.
H. 
Any sanitary sewer or water supply lines except those to service existing or proposed development outside the floodway which complies with the regulations for the floodplain area occupied.
The provisions of this chapter 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 this chapter and Chapter 580.
Any structures, land use or development, including accessory structures and uses, are allowed within the Flood-Fringe District and flood-fringe portions of the General Floodplain District, provided that the standards contained in § 546-21 are met, that the use is not prohibited by this or any other ordinance or any other local, state or federal regulation and that all permits or certificates required by this chapter and Chapter 580 have been issued.
A. 
Standards. All of the provisions of this chapter and Chapter 580 shall apply in addition to the following requirements of this section, according to the use requested.
B. 
Residential uses. All new construction and substantial improvements of residential structures with basements in A Zones shall meet or exceed the following floodplain management measures.
(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) on fill except where Subsection B(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. Fill shall be compacted with slopes protected by vegetative cover. The Department may authorize other floodproofing measures where existing streets or sewer lines are at elevations which make compliance impractical provided the Board of Appeals grants a variance due to dimensional restrictions.
(2) 
The structure shall be designed and built so that any basement area, together with attendant utilities and sanitary facilities below the floodproofed design level, is watertight with walls that are impermeable to the passage of water without human intervention. Basement walls, including sealed structural glass block windows, shall be built with the capacity to resist hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from flooding to the floodproofed design level, and shall be designed so that minimal damage will occur from floods that exceed that level. The floodproofed design level shall be an elevation one foot above the level of the base flood. Under this provision, the bottom of the lowest basement openings, such as doors and nonsealed windows, shall be placed at least two feet above the regional flood elevation. The fill elevation shall be one foot or more above the regional flood elevation at least 15 feet beyond the limits of the structure.
(3) 
Basement floor or crawl space floor may not be lower than the one-hundred-year or base flood elevation.
(4) 
A registered professional engineer or architect shall develop or review the building's structural design, specifications, and plan, including consideration of the depth, velocity, and duration of flooding and type and permeability of soils at the building site, and certify that the basement design and methods of construction proposed are in accordance with accepted standards of practice for meeting the provisions of this chapter.
(5) 
The Building Inspector or other authorized representative of the Village shall inspect the construction to verify that the structure is built according to its design and those provisions of this section which are verifiable.
(6) 
Basements constructed in accordance with this chapter shall not be used or converted for use for sleeping purposes. No bathrooms are allowed in floodproofed basements.
(7) 
Contiguous "dry land access," defined in Chapter 580, Zoning, Article VII, Definition of Terms, 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 herein.
(8) 
In existing developments where existing streets or sewer lines are at elevations which make compliance with Subsection B(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 police, 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 municipality has a DNR-approved emergency evacuation plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
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 this chapter and Chapters 559 and 580. A lesser degree of protection, compatible with the criteria, may be permissible for an accessory structure or use, providing 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.
D. 
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 § 546-21 above. Storage yards, parking lots and other accessory land uses may be at lower elevations, subject to the requirements of Subsection H. 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.
E. 
Manufacturing and industrial uses. Any manufacturing 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, floodwalls, adequate floodproofing measures in accordance with § 546-29, 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, may be permissible for storage yards, parking lots and accessory structures or uses.
F. 
No modifications or additions shall be allowed to any nonconforming structure or to any structure with a nonconforming use in a floodway area, unless such modification or addition:
(1) 
Has been granted a permit or variance;
(2) 
Meets the requirements for general floodplain;
(3) 
Will not increase the obstruction to flood flows or regional flood height; and
(4) 
Any addition to the existing structure shall be floodproofed, pursuant to this chapter, by means other than the use of fill, to the flood protection elevation.
G. 
Storage or processing materials. The storage or processing 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 § 546-29. Adequate measures shall be taken to ensure that said materials will not enter the river or stream during flooding.
H. 
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 § 546-29 to the flood protection elevation;
(2) 
Minor or auxiliary roads or nonessential utilities may be constructed at lower elevations providing they withstand flood forces to the regional flood elevation.
I. 
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. COMM 83, Wis. Adm. Code.
J. 
Wells. All public or private wells shall be floodproofed to the flood protection elevation, pursuant to this chapter and Chapter 580, and shall meet the applicable provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
K. 
Solid waste disposal sites. All solid or hazardous waste disposal sites, whether public or private, are prohibited in flood-fringe areas.
L. 
Deposition of materials. Any materials deposited for any purpose may only be allowed if all the provisions of this chapter are met.
A. 
Insofar as the standards in this chapter are not inconsistent with the provisions of § 62.23(7)(h), Wis. Stats., they shall apply to all nonconforming structures and nonconforming uses. These regulations apply to the modification of, or addition to, any structure and to the use of any structure or premises which was lawful before passage of this chapter or any amendment thereto. The existing lawful use of a structure or building or its accessory use which is not in conformity from the provisions of this chapter may be continued subject to the following conditions:
(1) 
No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this chapter for the area of floodplain occupied. The words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered modifications or additions; these include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities.
(2) 
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 be made to conform to the applicable requirements of this chapter.
(3) 
As requests are received by the municipality for modifications or additions to nonconforming uses or nonconforming structures in the floodway, a record shall be kept which lists the nonconforming uses amid nonconforming structures, their present equalized assessed value and the cost of those additions or modifications which have been permitted.
(4) 
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which, over the life of the structure would 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 in compliance with this chapter and Chapter 580.
(5) 
If any nonconforming structure or any structure with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the requirements of this chapter. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would exceed 50% of the present equalized assessed value of the structure.
B. 
If the Zoning Administrator determines that any portion of a building addition or remodeling or reconstruction project is required to be allowed under the Federal Fair Housing Act, the Wisconsin Open Housing Law or the Americans with Disabilities Act, that portion of the project costs that are necessary to provide equal housing opportunity for handicapped or disabled persons shall not be counted in determining whether or not the 50% limit would be exceeded.
A. 
No modifications or additions shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:
(1) 
Has been granted a permit or variance which meets the floodway requirements of this chapter; and
(2) 
Meets the requirements of this chapter; and
(3) 
Will not increase the obstruction to flood flows or regional flood height; and
(4) 
Any addition to the existing structure shall be floodproofed, pursuant to § 546-29, by means other than the use of fill, to the flood protection election. A separate permit from the Wisconsin DNR may be required.
B. 
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 a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
C. 
No new well or modification to an existing well, used to obtain water for ultimate human consumption, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable provisions of all municipal ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.
A. 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the flood-fringe area unless such modification or addition has been granted a permit or variance by the Village. In addition, the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the applicable regulations for that particular use in § 546-24, except where Subsection B is applicable.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Where compliance with the provisions of Subsection A above would result in unnecessary hardship and only where the structure will not be either used for human habitation or to be associated with a high flood-damage potential, the Zoning Board of Appeals, using the procedure in Chapter 580 may grant a variance from those provisions of Subsection A 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:
(1) 
No floor is allowed below the regional flood elevation for residential or commercial structures;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Human lives are not endangered;
(3) 
Public facilities, such as water or sewer, will not be installed;
(4) 
Flood depths will not exceed two feet;
(5) 
Flood velocities will not exceed two feet per second; and
(6) 
The structure will not be used for storage of materials described in § 546-24.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
If neither the provisions of Subsection A nor B above can be met, an addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood fringe on a one-time basis only, if the addition:
(1) 
Meets all other regulations and will not be granted by permit or variance;
(2) 
Does not exceed existing 60 square feet in area; and
(3) 
In combination with other previous modifications or additions to the building, does not exceed 50% of the present equalized assessed value of the building.
D. 
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 and Ch. SPS 383, Wis. Adm. Code.
E. 
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter and Chs. NR 811 and NR 812, Wis. Adm. Code.
A. 
No permit or variance shall be issued until the applicant submits a plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequately designed to protect the structure or development to the flood protection elevation.
B. 
Where floodproofing measures are required, they shall be designed to:
(1) 
Withstand the flood pressures, depths, velocities, uplift and impact forces and other factors associated with the regional flood;
(2) 
Ensure protection to the flood protection elevation;
(3) 
Provide anchorage of structures to foundations to resist flotation and lateral movement;
(4) 
Ensure that the structural walls and floors are watertight to the flood protection elevation and the interior remains completely dry during flooding without human intervention.
C. 
Floodproofing measures could include:
(1) 
Reinforcement of walls and floors to resist rupture or collapse caused by water pressure or floating debris;
(2) 
Addition of mass or weight to structures to prevent flotation;
(3) 
Placement of essential utilities above the flood protection elevation;
(4) 
Surface or subsurface drainage systems, including pumping facilities to relieve external foundation wall and basement floor pressures;
(5) 
Construction of water supply wells and waste treatment systems to prevent the entrance of floodwaters into the systems;
(6) 
Cutoff valves on sewer lines or elimination of gravity flow basement drains.
A. 
Where useful, marks on bridges or buildings or other markers may be set to show the depth of inundation during the regional flood at appropriate locations within the floodplain.
B. 
All available information in the form of maps, engineering data and regulations shall be readily available and should be widely distributed.
C. 
All legal descriptions of property in the floodplain should include information relative to the floodplain zoning classification when such property is transferred.