Village of Belgium, WI
Ozaukee County
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Table of Contents
Table of Contents
The provisions of this article apply to all areas mapped as floodway on the Official Floodplain Zoning Maps and to those portions of the General Floodplain District determined to be floodway according to the procedures in § 143-19.
The following open space uses are allowed in the Floodway District and the floodway portion of the General Floodplain District, provided that they are not prohibited by any other ordinance; they meet the standards in §§ 143-11 and 143-12; and all permits or certificates have been issued according to § 143-24:
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, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails, subject to the fill limitations of § 143-11D.
D. 
Uses or structures accessory to open space uses, or those classified as historic structures, that are not in conflict with the provisions in §§ 143-11 and 143-12.
E. 
Extraction of sand, gravel or other materials according to § 143-11D.
F. 
Functionally water-dependent uses such as docks, piers or wharves, including those 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 Chs. 30 and 31, Wis. Stats.
G. 
Public utilities, streets and bridges, according to § 143-11C.
A. 
General.
(1) 
Any development in floodway areas shall meet all of the provisions of Article II and have a low flood damage potential.
(2) 
Applicants shall provide the following data for the Zoning Administrator to determine the effects of the proposal according to § 143-6:
(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 it is determined the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for Subsection A(2) above.
B. 
Structures. In or over floodway areas, only structures which are accessory to permanent open space uses, those classified as historic structures, or those which 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 of 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 the particular area.
C. 
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 § 143-6, except where the water surface profiles, floodplain zoning maps and this chapter are amended, as needed, to reflect any changes resulting from such construction.
D. 
Fills or deposition of materials may be allowed by permit, provided that:
(1) 
The requirements of § 143-6 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 Ch. 30, Wis. Stats., and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334, 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 or bulkheading sufficient to prevent erosion; and
(4) 
Such fills are not associated with private or public solid waste disposal.
All uses not listed as permitted uses in § 143-10 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. 
The 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. Comm 83, 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 located outside the floodway which complies with the regulations for the floodplain area occupied.