[Amended 1-12-1999 by Ord. No. 99-01]
This chapter is adopted pursuant to the authorization
in §§ 61.35, 61.351, 87.30 and 281.31, Wis. Stats.
Uncontrolled development and use of the shoreland-wetlands,
floodplains, rivers and streams and pollution of the navigable waters
of the village would adversely affect the public health, safety, convenience
and general welfare and impair the tax base. The Wisconsin Legislature
has delegated responsibility to all municipalities to further the
maintenance of safe and healthful conditions; prevent and control
water pollution; protect spawning grounds, fish and aquatic life;
control building sites, placement of structures and land uses; and
preserve shore cover and natural beauty.
To promote the public health, safety, convenience
and general welfare and protect life, health and property, this chapter
has been established to:
A.
Maintain the stormwater and floodwater storage capacity
of wetlands.
B.
Prevent and control water pollution by preserving
wetlands which filter or store sediments, nutrients, heavy metals
or organic compounds that would otherwise drain into waters of the
state.
C.
Protect fish spawning grounds, fish, aquatic life
and wildlife by preserving wetlands and other fish and aquatic habitat.
D.
Prohibit certain uses detrimental to the shoreland-wetland
area.
E.
Preserve shore cover and natural beauty by restricting
shoreland-wetland excavation, filling and other earthmoving activities.
F.
Minimize expenditures of public moneys for costly
flood-control projects.
G.
Reduce rescue and relief efforts generally undertaken
at the expense of the taxpaying public.
H.
Prevent business interruptions which usually result
in the loss of local income.
I.
Reduce damage to public facilities, such as utilities,
municipal buildings, streets and bridges, which may be located in
the floodplains.
J.
Prevent the occurrence of future flood blight areas
on floodplains.
K.
Discourage the victimization of unwary land and home
buyers.
L.
Prevent increases in regional flood heights which
could increase damage during floods and which may result in conflicts
or litigation between property owners.
This chapter shall be known as the "Floodplain
and Shoreland-Wetland Zoning Ordinance."
A.
The terms or words used in this chapter shall be interpreted
as follows: words used in the present tense include the future; words
in the singular number include the plural number; and words in the
plural number include the singular number. The word "shall" is mandatory,
not permissive. All distances, unless otherwise specified, shall be
measured horizontally.
B.
ACCESSORY STRUCTURE OR USE
A ZONES
BOATHOUSE
BULKHEAD LINE
CERTIFICATE OF COMPLIANCE
CHANNEL
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
DRY LAND ACCESS
ENCROACHMENT
ENVIRONMENTAL CONTROL FACILITY
EXISTING MANUFACTURED OR MOBILE HOME PARK OR MOBILE HOME SUBDIVISION
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FIXED HOUSEBOAT
FLOOD FRINGE
FLOOD HAZARD BOUNDARY MAP
FLOOD INSURANCE STUDY
FLOOD or FLOODING
(1)
(2)
(3)
(4)
FLOODPLAIN
FLOODPLAIN ISLAND
FLOOD PROFILE
FLOODPROOFING
FLOOD PROTECTION ELEVATION
FLOODWAY
FLOODWAY ENCROACHMENT LINES
FREEBOARD
HEARING NOTICE
HIGH FLOOD DAMAGE POTENTIAL
INCREASE IN REGIONAL FLOOD HEIGHT
LAND USE
MOBILE HOME or MANUFACTURED HOME
NAVIGABLE WATERS
OBSTRUCTION TO FLOW
OFFICIAL FLOODPLAIN ZONING MAP
OPEN SPACE USE
ORDINARY HIGH-WATER MARK
PERSON
PLAN COMMISSION
REGIONAL FLOOD
SHORELANDS
SHORELAND-WETLAND DISTRICT
STORAGE CAPACITY OF A FLOODPLAIN
UNNECESSARY HARDSHIP
VARIANCE
WATER SURFACE PROFILE
WETLAND ALTERATION
WETLANDS
The following terms used in this chapter mean:
A detached, subordinate structure or a use which is clearly
incidental to and customarily found with the principal structure or
use to which it is related and which is located on the same lot as
that of the principal structure or use.
Those areas shown on the village's Official Floodplain Zoning
Map which would be inundated by the base flood or regional flood as
defined herein. These areas are 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.
As defined in W.S.A. s. 30.01(1d), means a structure used
for the storage of watercraft and associated materials which has one
or more walls or sides.
A geographic line along a reach of navigable water that has
been specified by adoption of a village ordinance and approved by
the Department of Natural Resources, pursuant to W.S.A. s. 30.11,
and which allows limited filling between the bulkhead line and the
original ordinary high-water mark, except where such filling is prohibited
by the floodway provisions of this chapter.
A certification issued by the Zoning Administrator stating
that any construction and use of land or a building, the elevation
of fill or the first floor of a structure is in compliance with all
of the provisions of this chapter.
A natural or artificial watercourse with definite bed and
banks to confine and conduct a normal flow of water.
A use which is permitted by this chapter, provided that certain
conditions specified in this chapter are met and that a permit is
granted by the Board of Appeals or, where designated, the Plan Commission.
The Wisconsin Department of Natural Resources.
Any new use, change of use and any change to improved or
unimproved real estate, including but not limited to the construction
of buildings, structures or accessory structures; any placement of
mobile homes; the construction of additions or substantial alterations
to buildings, structures or accessory structures; the placement of
buildings or structures; ditching, lagooning, dredging, filling, grading,
paving, excavation or drilling operations; the deposition or extraction
of earthen materials; and public or private sewage disposal systems
or water supply facilities.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
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, building, use or development in the
floodway.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
A parcel or contiguous parcels of land divided into two or
more mobile home lots for rent or sale on which the construction of
facilities for servicing the lots, including, at a minimum, the installation
of utilities, either final site grading or the pouring of concrete
pads and the construction of streets, is completed before the effective
date of this chapter.
The federal agency that administers the National Flood Insurance
Program.
As defined in W.S.A. s. 30.01(1r), means a structure not
actually used for navigation which extends beyond the ordinary high-water
mark of a navigable waterway and is retained in place either by cables
to the shoreline or by anchors or spudpoles attached to the bed of
the waterway.
[1]That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood. It is generally
associated with standing water rather than rapidly flowing water.
A map prepared for the village by FEMA designating approximate
flood hazard areas. Flood hazard areas are designated as unnumbered
A Zones and do not contain floodway lines or regional flood elevations.
These maps form the basis for both the regulatory and insurance aspects
of the National Flood Insurance Program.
A technical engineering examination, evaluation and determination
of flood hazard areas. It provides maps designating those areas affected
by the regional flood and provides both flood insurance rate zones
and regional flood elevations as well as floodway lines. The flood
hazard areas are designated as numbered or unnumbered A Zones. Flood
Insurance Study maps 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:
The overflow or rise of inland waters.
The rapid accumulation or runoff of surface
waters from any source.
The inundation caused by waves or currents of
water exceeding anticipated cyclical levels along the shore of Lake
Michigan or Lake Superior.
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.
That land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain is comprised of the floodway,
flood fringe and general floodplain areas.
A natural geological land formation within the floodplain
that is surrounded, but not covered, by floodwater during the regional
flood.
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.
Any combination of structural and nonstructural additions,
changes or adjustments which reduce or eliminate flood damage to unimproved
or improved real estate, water and sanitary facilities, structures
and their contents.
An elevation that corresponds to a point two feet of freeboard
above the water surface profile associated with the regional flood.
(See "freeboard.")
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
Lines which represent the limits of obstruction to flood
flows. These lines are designated on both sides of and generally parallel
to the channel of a river or stream. They are established by assuming
that the area landward (outside of the encroachment lines) will ultimately
be developed in such a way that it will not convey flood flows, but
the development will not cause an increase to regional flood elevations
upstream. It is assumed that any development riverward of these lines
will cause an obstruction and will require a detailed analysis to
determine its effect on the regional flood elevations upstream.
Freeboard represents a factor of safety usually expressed
in terms of a certain amount of feet above a calculated flood level.
Freeboard compensates for the many unknown factors that contribute
to flood heights greater than the height calculated. These unknown
factors include, but are not limited to, ice jams, debris accumulation,
wave action, obstruction of bridge openings and floodways, the effects
of urbanization on the hydrology of the watershed, loss of flood storage
areas due to development and the sedimentation of a river or stream
bed.
Publication or posting meeting the requirements of a W.S.A.
ch. 985. Class 1 notice is required at a minimum for appeals, published
once at least one week before the hearing. Class 2 notice is required
at a minimum for all zoning ordinances and amendments, including map
amendments, published twice, once each week consecutively, the last
publication at least a week before the hearing.
[2]Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
A calculated upward rise in the regional flood elevation
equal to or greater than 0.01 feet, resulting from a comparison of
existing conditions and proposed conditions, which is directly attributable
to development in the floodplain but not attributable to manipulation
of mathematical variables, such as roughness factors, expansion and
contraction coefficients and discharge.
Any nonstructural use made of unimproved or improved real
estate. (See "development.")
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. For the
purpose of this chapter, it does not include recreational vehicles
or travel trailers.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters which are navigable under the laws of this
state. The Wisconsin Supreme Court has declared navigable bodies of
water with a bed differentiated from adjacent uplands and with levels
or flow sufficient to support navigation by a recreational craft of
the shallowest draft on an annually recurring basis.
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
That map adopted and made part of this chapter, as described in § 216-11, which has been approved by the Department of Natural Resources 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.
Any individual or group of individuals, corporation, partnership,
association, municipality or state agency.
The Village Plan Commission or an agency, committee or Board
of Public Land Commissioners of the Village Board created under W.S.A.
s. 62.23(1) which acts on matters pertaining to planning and zoning.
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected
to occur on a particular stream because of like physical characteristics.
The flood frequency of the regional flood is once in every 100 years.
This means that in any given year there is a one-percent chance that
the regional flood may occur or be exceeded. During a typical thirty-year
mortgage period, the regional flood has a twenty-six-percent chance
of occurrence. The regional flood is based upon a statistical analysis
of stream flow records available for the watershed or an analysis
of rainfall and runoff characteristics in the general watershed region,
or both. FEMA uses the term "base flood," which means the regional
flood.
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
The zoning district created in this chapter, comprised of
shorelands that are designated as wetlands on the wetland inventory
maps which have been adopted and made a part of this chapter.
[3]The volume of space above an area of floodplain land that
can be occupied by floodwater of a given stage at a given time regardless
of whether the water is moving.
That circumstance where special conditions which were not
self-created affect a particular property and make strict conformity
with the restrictions governing dimensional standards, such as area,
setbacks, frontage or height, unnecessarily burdensome or unreasonable
in light of the purpose of this chapter. Unnecessary hardship is present
only where, in the absence of a variance, no feasible use can be made
of the property.
An authorization granted by the Board of Appeals to construct,
alter or use a building or structure in a manner that deviates from
the dimensional standards of this chapter. A variance may not permit
a use of property otherwise prohibited by this chapter or allow construction
not protected to the flood protection elevation.
A graph 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.
Any construction, filling, flooding, draining, dredging,
ditching, tiling, excavating, temporary water level stabilization
measures or dike and dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
Any development, as defined in § 216-5B of this chapter, in floodplains and shoreland-wetlands shall be in full compliance with the terms of this chapter. However, see §§ 216-21 through 216-25 of this chapter for the standards applicable to nonconforming uses. It is the responsibility of the applicant to secure all other necessary permits from appropriate federal, state and local agencies, including those required by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, amendments of 1972, 33 U.S.C. § 1334.
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 W.S.A. s. 13.48(13) applies. The construction, reconstruction,
maintenance and repair of state highways and bridges by the Wisconsin
Department of Transportation are exempt when W.S.A. s. 30.12(4)(a)
applies.
A.
This chapter supersedes all the provisions of any
village ordinance enacted under W.S.A. s. 61.35 or 87.30 which relates
to floodplains and shoreland-wetlands, except that where another village
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. The more
restrictive of either the Shoreland-Wetland District or Floodplain
District regulations shall apply when a property is located in both
zoning districts.
B.
This chapter is not intended to repeal, abrogate or
impair any existing deed restrictions, covenants or easements. However,
where this chapter imposes greater restrictions, the provisions of
this chapter shall prevail.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
shall be liberally construed in favor of the Village and shall not
be deemed a limitation or repeal of any other powers granted by the
state statutes. Where a provision of this chapter is required by a
standard in Chapter NR 116 or NR 117, Wisconsin Administrative Code,
and where the chapter provision is unclear, the provision shall be
interpreted in light of the standards in Chapter NR 116 or NR 117
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 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. Therefore, 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 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.
The maps designated below are hereby adopted
and made part of this chapter. They are on file in the office of the
Village Administrator.
A.
United States Geological Survey quadrangle maps revised
and dated 1978.
B.
Wisconsin wetland inventory maps stamped "Final" on
August 17, 1988.
C.
Flood Insurance Rate Map (FIRM), panel numbers 55095CO502D,
55095CO503D, 55095CO504D, 55095CO506D, 55095CO510D, 55095CO511D, and
55095CO520D, dated September 16, 2011; with corresponding profiles
that are based on the Flood Insurance Study (FIS) dated September
16, 2011, study number 55095CV000A.
[Amended 7-12-2011 by Ord. No. 11-09]
[Amended 1-12-1999 by Ord. No. 99-01]
The zoning of annexed lands shall comply with
the provisions of §§ 59.69(7) and 59.692(7), Wis. Stats.
Annexed lands are designated on the Village's Official Zoning Map.
The Polk County shoreland and floodplain zoning provisions are incorporated
by reference for the purpose of administering this section and are
on file in the office of the Village Zoning Administrator.
A.
Annexed floodplains. The Polk County floodplain zoning
provisions in effect on the date of annexation shall remain in effect
and shall be enforced by the Village for all areas annexed by the
Village until the Vllage adopts and enforces an ordinance which meets
the requirements of Chapter NR 116, Wisconsin Administrative Code.
B.
Annexed shorelands. The Polk County shoreland zoning
provisions in effect on the date of annexation remain in effect, administered
by the Village, for all shoreland areas annexed by the Village after
May 7, 1982.
