[Added 11-20-2007 by Ord. No. 672]
A.Â
Statutory authorization. This article is adopted pursuant
to the authorization in §§ 61.35 and 62.23, Wis. Stats.
for villages and cities; §§ 59.69, 59.692, and 59.694
Wis. Stats., for counties; and the requirements in § 87.30,
Wis. Stats.
B.Â
Finding of fact. Uncontrolled development and use
of the floodplains and rivers of this municipality would impair the
public health, safety, convenience, general welfare and tax base.
C.Â
Statement of purpose. This article is intended to
regulate floodplain development to:
(1)Â
Protect life, health and property;
(2)Â
Minimize expenditures of public funds for flood control
projects;
(3)Â
Minimize rescue and relief efforts undertaken at the
expense of the taxpayers;
(4)Â
Minimize business interruptions and other economic
disruptions;
(5)Â
Minimize damage to public facilities in the floodplain;
(6)Â
Minimize the occurrence of future flood blight areas
in the floodplain;
(7)Â
Discourage the victimization of unwary land and homebuyers;
(8)Â
Prevent increases in flood heights that could increase
flood damage and result in conflicts between property owners; and
(9)Â
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 article shall be known as the "Floodplain
Zoning Ordinance for Saukville, Wisconsin."
[Amended 1-2-2008 by Ord. No. 674]
This article regulates all areas that would
be covered by the regional flood or base flood. Note: Base flood elevations
are derived from the flood profiles in the Flood Insurance Study.
Regional flood elevations may be derived from other studies. Areas
covered by the base flood are identified as A Zones on the Flood Insurance
Rate Map.
A.Â
Official maps and revisions.
(1)Â
The boundaries of all floodplain districts are designated
as floodplains or A Zones on the maps listed below and the revisions
in the Village of Saukville Floodplain Appendix. Any change to the
base flood elevations (BFE) in the Flood Insurance Study (FIS) or
on the Flood Insurance Rate Map (FIRM) must be reviewed and approved
by the DNR and FEMA before it is effective. No changes to regional
flood elevations (RFEs) on non-FEMA maps shall be effective until
approved by the DNR. These maps and revisions are on file in the office
of the Zoning Administrator, Saukville Village Hall, Saukville, Wisconsin.
If more than one map or revision is referenced, the most restrictive
information shall apply.
(2)Â
Official maps: Ozaukee County Flood Insurance Rate
Maps (FIRMs) effective December 4, 2007, Panel Nos. 114 of 259, 118
of 259, 177 of 259, and 181 of 259, prepared by the Federal Emergency
Management Agency (FEMA), Map Nos. 55089C0114F, 55089C0118F, 55089C0177F
and 55089C181F. These maps and revisions are based on the Flood Insurance
Study (FIS), comprise the Official Floodplain Zoning Maps and have
been approved by the Department of Natural Resources (DNR) and FEMA.
B.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 B(1) or (2) below. If a significant difference exists, the map shall be amended according to this chapter. 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 predevelopment 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 this chapter and the criteria in Subsection B(1) and (2) below.
(1)Â
If flood profiles exist, the map scale and the profile
elevations shall determine the district boundary. The regional or
base flood elevations shall govern if there are any discrepancies.
(2)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.
(3)Â
Note: Where the flood profiles are based on established
base flood elevations from a FIRM, FEMA must also approve any map
amendment pursuant to this chapter.
C.Â
Removal of lands from floodplain. Compliance with
the provisions of this article shall not be grounds for removing land
from the floodplain unless it is filled at least two feet above the
regional or base flood elevation, the fill is contiguous to land outside
the floodplain, and the map is amended pursuant to this chapter. Note:
This procedure does not remove the requirements for the mandatory
purchase of flood insurance. The property owner must contact FEMA
to request a Letter of Map Change (LOMC).
D.Â
Compliance. Any development or use within the areas
regulated by this article shall be in compliance with the terms of
this article, and other applicable local, state, and federal regulations.
E.Â
Municipalities and state agencies regulated. Unless
specifically exempted by law, all cities, villages, towns, and counties
are required to comply with this article 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 is exempt when § 30.2022, Wis. Stats.,
applies.
F.Â
Abrogation and greater restrictions.
(1)Â
This article supersedes all previously adopted provisions of Chapter 205 which relate to floodplains. If another section of Chapter 205 is more restrictive than this article, that section shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. The provisions of this article, insofar as they are substantively the same as those of sections in force immediately prior to adoption of this article, are intended as a continuation of such sections and not as new enactments, and the effectiveness of such provisions shall date from the adoption of such prior sections.
(2)Â
This article is not intended to repeal, abrogate or
impair any existing deed restrictions, covenants or easements. If
this article imposes greater restrictions, the provisions of this
article shall prevail.
G.Â
Interpretation. In their interpretation and application,
the provisions of this article are the minimum requirements liberally
construed in favor of the governing body and are not a limitation
on or repeal of any other powers granted by the Wisconsin Statutes.
If a provision of this ordinance, required by Chapter NR 116, Wis.
Adm. Code, is unclear, the provision shall be interpreted in light
of the standards in effect on the date of the adoption of this article
or in effect on the date of the most recent text amendment to this
article.
H.Â
Warning and disclaimer of liability. The flood protection
standards in this article 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 article does not
imply or guarantee that non-floodplain areas or permitted floodplain
uses will be free from flooding and flood damages, nor does this article
create liability on the part of, or a cause of action against, the
municipality or any officer or employee thereof for any flood damage
that may result from reliance on this article.
I.Â
Severability. Should any portion of this article be
declared unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this article shall not be affected.
J.Â
Annexed areas for cities and villages. The Ozaukee
County floodplain zoning provisions in effect on the date of annexation
shall remain in effect and shall be enforced by the municipality for
all annexed areas until the municipality adopts and enforces an ordinance
which meets the requirements of Chapter NR 116, Wis. Adm. Code, and
the National Flood Insurance Program (NFIP). These annexed lands are
described on the municipality'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 municipal
zoning administrator. All plats or maps of annexation shall show the
regional flood elevation and the location of the floodway.
The community 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
damages; and be constructed with electrical, heating, ventilation,
plumbing, and air-conditioning equipment and other service facilities
designed and/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 above standards. All subdivision
proposals (including manufactured home parks) shall include regional
flood elevation and floodway data for any development that meets the
subdivision definition of this article.
A.Â
Hydraulic and hydrologic analyses.
(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 FIRM or other adopted map, unless the provisions of Subsection 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 article,
the official floodplain zoning maps, floodway lines and water surface
profiles, in accordance with this chapter. Note: This section refers
to obstructions or increases in base flood elevations as shown on
the officially adopted FIRM or other adopted map. Any such alterations
must be reviewed and approved by FEMA and the DNR.
B.Â
Watercourse alterations. No land use permit to alter
or relocate a watercourse in a mapped floodplain shall be issued until
the local official 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.
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 in accordance with NFIP guidelines that shall be
used to revise the FIRM, risk premium rates and floodplain management
regulations as required.
C.Â
Chapters 30, 31, Wis. Stats., development. Development
which requires a permit from the Department, under Chapters 30 and
31, Wis. Stats., 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,
BFEs established in the FIS, or other data from the officially adopted
FIRM, or other floodplain zoning maps or the floodplain zoning ordinance
are made according to this chapter.
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 Department of Health
and Family 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 is 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 section
to all persons in the campground. This procedure shall include a written
agreement between the campground owner, the municipal emergency government
coordinator and the chief law enforcement official 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 D(4), to remain in compliance with all applicable regulations, including those of the State Department of Health and Family 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 municipality shall monitor the limited authorizations
issued by the campground operator to assure compliance with the terms
of this section.
(10)Â
All camping units that remain in place for more
than 180 consecutive days must meet the applicable requirements of
this chapter for the floodplain district in which the structure is
located.
(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, sewage systems and wells, shall be properly anchored and placed
at or floodproofed to the flood protection elevation.
A.Â
Applicability. This section applies to all floodway
areas on the floodplain zoning maps and those identified pursuant
to this chapter.
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 ordinance;
they meet the standards in this chapter; and all permits or certificates
have been issued according to Village code:
(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 this chapter.
(4)Â
Uses or structures accessory to open space uses, or
classified as historic structures that comply with this chapter.
(5)Â
Extraction of sand, gravel or other materials that
comply with this chapter.
(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, Wis. Stats.
(7)Â
Public utilities, streets and bridges that comply
with this chapter.
C.Â
D.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:
(1)Â
The structure is not designed for human habitation
and does not have a high flood damage potential;
(2)Â
It must be anchored to resist flotation, collapse,
and lateral movement;
(3)Â
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
(4)Â
It must not obstruct flow of floodwaters or cause
any increase in flood levels during the occurrence of the regional
flood.
F.Â
Fills or deposition of materials. Fills or deposition
of materials may be allowed by permit, if:
(1)Â
The requirements of this chapter are met;
(2)Â
No material is deposited in the navigable channel
unless a permit is issued by the Department 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)Â
The fill or other materials will be protected against
erosion by riprap, vegetative cover, sheet piling or bulkheading;
and
(4)Â
The fill is not classified as a solid or hazardous
material.
G.Â
Prohibited uses. All uses not listed as permitted uses in § 205-152B 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 prior to flooding and systems associated
with recreational areas and Department-approved campgrounds that meet
the applicable provisions of local ordinances and Chapter COMM 83,
Wis. Adm. 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 ordinances and Chapters NR 811 and NR 812, Wis. Adm. Code;
(6)Â
Any solid or hazardous waste disposal sites;
(7)Â
Any wastewater treatment ponds or facilities, except
those permitted under Section NR 110.15(3)(b), Wis. Adm. Code;
(8)Â
Any sanitary sewer or water supply lines, except those
to service existing or proposed development located outside the floodway
which comply with the regulations for the floodplain area occupied.
A.Â
Applicability. This section applies to all floodfringe
areas shown on the floodplain zoning maps and those identified pursuant
to this chapter.
B.Â
Permitted uses. Any structure, land use, or development
is allowed in the Floodfringe District if the standards in this chapter
are met, the use is not prohibited by this or any other ordinance
or regulation and all permits or certificates specified by Village
code have been issued.
C.Â
Standards for development in floodfringe areas. This
chapter 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 floodfringe 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 existing streets or sewer lines makes compliance
with the fill standards 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 dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection C(1)(d).
(d)Â
In developments where existing street or sewer line elevations make compliance with Subsection C(1)(c) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
[1]Â
The municipality has written assurance from
police, fire and emergency services that rescue and relief will be
provided to the structure(s) by wheeled vehicles during a regional
flood event; or
[2]Â
The municipality has a natural disaster plan
approved by Wisconsin Emergency Management and the Department.
(2)Â
Accessory structures or uses.
(a)Â
Except as provided in Subsection 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 this chapter.
(3)Â
Commercial uses. Any commercial structure which is
erected, altered or moved into the floodfringe area shall meet the
requirements of this chapter. Subject to the requirements of this
chapter, 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
floodfringe area shall be protected to the flood protection elevation
using fill, levees, floodwalls, or other floodproofing measures in
this chapter. Subject to the requirements of this chapter, 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 this
chapter. 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 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 deemed essential, construction of and substantial improvements
to such facilities may only be permitted if they are floodproofed
in compliance with this chapter 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, pursuant to this chapter, to the flood protection
elevation and shall meet the provisions of all local ordinances and
Chapter COMM 83, Wis. Adm. Code.
(8)Â
Wells. All wells shall be floodproofed, pursuant to
this chapter, to the flood protection elevation and shall meet the
provisions of Chapters NR 811 and NR 812, Wis. Adm. Code.
(9)Â
Solid waste disposal sites. Disposal of solid or hazardous
waste is prohibited in floodfringe areas.
(10)Â
Deposition of materials. Any deposited material
must meet all the provisions of this chapter.
(11)Â
Manufactured homes.
(a)Â
Owners or operators of all manufactured home
parks and subdivisions 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 existing manufactured home parks,
including new manufactured home parks and all single units outside
of existing parks, all new, replacement and substantially improved
manufactured homes shall meet the residential development standards
for the floodfringe in this chapter.
(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 this chapter. 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.
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 floodfringe districts shall be delineated
when adequate data is available.
B.Â
Permitted uses. Pursuant to this chapter, it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway and floodfringe areas defined in this chapter are allowed within the General Floodplain District, according to the standards of § 205-154C, below, provided that all permits or certificates required under Village code have been issued.
C.Â
Standards for development in the General Floodplain
District. The standards of this section may apply to either the Floodway
of Floodfringe District.
D.Â
Determining floodway and floodfringe 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 flood proofing
measures;
(2)Â
Require the applicant to furnish any of the following
information deemed 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 above
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 this chapter apply,
the applicant shall provide all required information and computations
to delineate floodway boundaries and the effects of the project on
flood elevations.
A.Â
Applicability. If these standards conform with § 59.69(10),
Wis. Stats., for counties or § 62.23(7)(h), Wis. Stats.,
for cities and villages, they shall apply to all modifications or
additions to any nonconforming use or structure and to the use of
any structure or premises which was lawful before the passage of this
article or any amendment thereto.
(1)Â
The existing lawful use of a structure or its accessory
use which is not in conformity with the provisions of this article
may continue subject to the following conditions:
(a)Â
No modifications or additions to a nonconforming
use or structure shall be permitted unless they comply with this article.
The words "modification" and "addition" include, but are not 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 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 existing 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. 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 in order 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 article.
(c)Â
The municipality 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 article. Contiguous dry land
access must be provided for residential and commercial uses in compliance
with this chapter. The costs of elevating a nonconforming building
or a building with a nonconforming use to the flood protection elevation
are excluded from the fifty-percent provisions of this subsection;
(e)Â
Except as provided in Subsection A(2), below, 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 ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.
(2)Â
Permitted repairs, reconstruction or alterations.
(a)Â
For nonconforming buildings that are damaged
or destroyed by a non-flood disaster, the repair or reconstruction
of any such nonconforming building may be permitted in order to restore
it after the non-flood disaster, provided that the nonconforming building
will meet all of the minimum requirements under applicable FEMA regulations
(44 CFR Part 60), or the regulations promulgated thereunder.
(b)Â
A nonconforming historic structure may be altered
if the alteration will not preclude the structure's continued designation
as an historic structure, the alteration will comply with this chapter,
flood-resistant materials are used, and construction practices and
floodproofing methods that comply with this chapter 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:
(a)Â
Such modification or addition has been granted
a permit or variance which meets all ordinance requirements;
(b)Â
Such modification or addition meets the requirements
of this chapter;
(c)Â
Such modification or addition will not increase
the obstruction to flood flows or regional flood height;
(d)Â
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;
(e)Â
If any part of the foundation below the flood
protection elevation is enclosed, the following standards shall apply:
[1]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;
[2]Â
The parts of the foundation located below the
flood protection elevation must be constructed of flood-resistant
materials;
[3]Â
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
[4]Â
The use must be limited to parking or limited
storage.
(2)Â
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 requirements of all municipal
ordinances and Chapter COMM 83, Wis. Adm. Code.
(3)Â
No new well or modification to an existing well used
to obtain potable water shall be allowed in a floodway area. Any replacement,
repair or maintenance of an existing well in a floodway area shall
meet the applicable requirements of all municipal ordinances and Chapters
NR 811 and NR 812, Wis. Adm. Code.
C.Â
Floodfringe 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 variance by the municipality, 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, except where § 205-155C(2) is applicable.
(2)Â
Where compliance with the provisions of Subsection 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 Adjustment/Appeals, using the procedures established by Village code, may grant a variance from those provisions of Subsection C(1) 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:
(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 this chapter.
(3)Â
(4)Â
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 Chapter COMM 83, Wis. Adm. Code.
(5)Â
All new wells, or addition to, replacement, repair
or maintenance of a well, shall meet the applicable provisions of
this article and Chapters NR 811 and NR 812, Wis. Adm. Code.
Where a zoning administrator, building inspector,
planning agency or a board of adjustment/appeals has already been
appointed to administer a zoning ordinance adopted under § 59.69,
59.692 or 62.23(7), Wis. Stats., these officials shall also administer
this article.
A.Â
Zoning Administrator.
(1)Â
The Zoning Administrator is authorized to administer
this article and shall have the following duties and powers:
(a)Â
Advise applicants of the ordinance provisions,
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 article, and issue certificates of compliance
where appropriate.
(c)Â
The Building Inspector shall inspect, or cause
to be inspected, 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:
[1]Â
All permits issued, inspections made, and work
approved.
[2]Â
Documentation of certified lowest floor and
regional flood elevations for floodplain development.
[3]Â
Records of water surface profiles, floodplain
zoning maps and ordinances, nonconforming uses and structures, including
changes, appeals, variances and amendments.
[4]Â
All substantial damage assessment reports for
floodplain structures.
(e)Â
Submit copies of the following items to the
Department Regional office within 10 days of the decision, and a copy
of any decisions on variances, appeals for map or text interpretations,
and map or text amendments:
(f)Â
Investigate, prepare reports, and report violations
of this article to the Village Board of Zoning Appeals and Village
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.
B.Â
Land use permit. A land use permit shall be obtained
before any new development or any structural 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:
(2)Â
Site development plan. A site plan drawn to scale
shall be submitted with the permit application form and shall contain:
(a)Â
Location, dimensions, area and elevation of
the lot;
(b)Â
Location of the ordinary high water mark of
any abutting navigable waterways;
(c)Â
Location of any structures with distances measured
from the lot lines and street center lines;
(d)Â
Location of any existing or proposed on-site
sewage systems or private water supply systems;
(e)Â
Location and elevation of existing or future
access roads;
(f)Â
Location of floodplain and floodway limits as
determined from the official floodplain zoning maps;
(g)Â
The elevation of the lowest floor of proposed
buildings and any fill using the vertical datum from the adopted study,
either National Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
(h)Â
Data sufficient to determine the regional flood
elevation in NGVD or NAVD at the location of the development and to
determine whether or not the requirements of this chapter are met;
and
(i)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 this chapter.
(3)Â
Data requirements to analyze developments. 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, as "subdivision" is defined
in Chapter 236, Wis. Stats., and other proposed developments exceeding
five acres in area or where the estimated cost exceeds $125,000. The
applicant shall provide:
(a)Â
An analysis of the effect of the development
on the regional flood profile, velocity of flow and floodplain storage
capacity;
(b)Â
A map showing location and details of vehicular
access to lands outside the floodplain; and
(c)Â
A surface drainage plan showing how flood damage
will be minimized. 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.
(4)Â
Expiration. All permits issued under the authority
of this article shall expire one year after issuance.
C.Â
Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Building Inspector per § 205-15, except where no permit is required, subject to the following provisions:
(1)Â
The certificate of compliance shall represent that
the building or premises or part thereof, and the proposed use, conforms
to the provisions of this article;
(2)Â
Application for such certificate shall be concurrent
with the application for a permit;
(3)Â
If all ordinance provisions are met, the certificate
of compliance shall be issued within 10 days after written notification
that the permitted work is completed;
(4)Â
The applicant shall submit a certification signed
by a registered professional engineer, architect or 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 architect that floodproofing
measures meet the requirements of this chapter.
D.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.
A.Â
The Village of Saukville Plan Commission shall:
B.Â
Board of Zoning Appeals. The Board of Adjustment/Appeals,
created under § 59.694, Wis. Stats., for counties or § 62.23(7)(e),
Wis. Stats., for cities or villages, is hereby authorized to act for
the purposes of this article. The Board shall exercise the powers
conferred by Wisconsin Statutes and adopt rules for the conduct of
business.
(1)Â
Powers and duties. The Board of Zoning 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 an administrative official in the enforcement or administration
of this article.
(b)Â
Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map.
(c)Â
Hear and decide, upon appeal, variances from
the ordinance standards.
(2)Â
Appeals to the Board. Appeals to the Board may be
taken by any person aggrieved, or by any officer or department of
the municipality 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, by filing
with the official whose decision is in question, and with the Board,
a notice of appeal specifying the reasons for the appeal. The official
whose decision is in question shall transmit to the Board all records
regarding the matter appealed.
(a)Â
Notice and hearing for appeals, including variances.
[1]Â
Notice. The Board 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.
[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.
(b)Â
Decision. The final decision regarding the appeal
or variance application shall:
[1]Â
Be made within a reasonable time.
[2]Â
Be sent to the Department Regional Office within
10 days of the decision.
[3]Â
Be a written determination signed by the Chairman
or Secretary of the Board.
[4]Â
State the specific facts which are the basis
for the Board's decision.
[5]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 variance
application.
[6]Â
Include the reasons for granting an appeal,
describing the hardship demonstrated by the applicant in the case
of a variance, clearly stated in the recorded minutes of the Board
proceedings.
(3)Â
Boundary disputes. The following procedure shall be
used by the Board in hearing disputes concerning floodplain district
boundaries:
(a)Â
If 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.
(c)Â
If the boundary is incorrectly mapped, the Board
should inform the zoning committee or the person contesting the boundary
location to petition the governing body for a map amendment according
to this chapter.
(4)Â
Variances.
(a)Â
The Board may, upon appeal, grant a variance
from the standards of this article if an applicant convincingly demonstrates
that:
[1]Â
Literal enforcement of the ordinance provisions
will cause unnecessary hardship;
[2]Â
The hardship is due to adoption of the floodplain
ordinance and unique property conditions, not common to adjacent lots
or premises. In such case the ordinance or map must be amended;
[3]Â
The variance is not contrary to the public interest;
and
[4]Â
The variance is consistent with the purpose
of this chapter.
(b)Â
In addition:
[1]Â
To qualify for a variance under FEMA regulations,
the following criteria must be met:
[a]Â
The variance may not cause any
increase in the regional flood elevation.
[b]Â
Variances can only be granted for
lots that are less than one-half acre and are contiguous to existing
structures constructed below the RFE.
[c]Â
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 this article.
[2]Â
A variance shall not:
[a]Â
Grant, extend or increase any use
prohibited in the zoning district.
[b]Â
Be granted for a hardship based
solely on an economic gain or loss.
[c]Â
Be granted for a hardship which
is self-created.
[d]Â
Damage the rights or property values
of other persons in the area.
[e]Â
Allow actions without the amendments
to this chapter and its associated maps.
[f]Â
Allow any alteration of an historic
structure, including its use, which would preclude its continued designation
as an historic structure.
(c)Â
When a floodplain variance is granted, the Board
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 variance record.
(5)Â
Review of appeals of permit denials. Appeals of the decision of the Building Inspector or any administrative official concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department or board of the Village. Such appeals shall be filed with the Secretary within 30 days after the date of written notice of the decision or order of the Building Inspector or any administrative official. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the Secretary. Such appeals and applications shall conform to the procedures identified by § 205-124.
A.Â
No permit or 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. Floodproofing measures
shall be designed to:
(1)Â
Withstand flood pressures, depths, velocities, uplift
and impact forces and other regional flood factors;
(2)Â
Protect structures to the flood protection elevation;
(3)Â
Anchor structures to foundations to resist flotation
and lateral movement; and
(4)Â
Ensure that structural walls and floors are watertight
to the flood protection elevation, and the interior remains completely
dry during flooding without human intervention.
B.Â
Floodproofing measures could include:
(1)Â
Reinforcing walls and floors to resist rupture or
collapse caused by water pressure.
(2)Â
Adding mass or weight to prevent flotation.
(3)Â
Placing essential utilities above the flood protection
elevation.
(4)Â
Installing surface or subsurface drainage systems
to relieve foundation wall and basement floor pressures.
(5)Â
Constructing water supply wells and waste treatment
systems to prevent the entry of floodwaters.
(6)Â
Putting cutoff valves on sewer lines or eliminating
gravity flow basement drains.
Marks shall be placed on structures, per § 205-13, to show the depth of inundation during the regional flood. All maps, engineering data and regulations shall be available and widely distributed, and real estate transfers should show what floodplain zoning district any real property is in.
A.Â
The governing body may change or supplement the floodplain
zoning district boundaries and this ordinance 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 contiguous 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 ordinance text
required by Section NR 116.05, Wis. Adm. Code, or otherwise required
by law, or for changes by the municipality.
(6)Â
All channel relocations and changes to the maps to
alter floodway lines or to remove an area from the floodway or the
floodfringe that is based on a base flood elevation from a FIRM requires
prior approval by FEMA. Note: Consult the FEMA Web site, www.fema.gov,
for the map change fee schedule.
B.Â
Procedures. Ordinance amendments may be made upon petition of any interested party according to the provisions of § 62.23, Wis. Stats., for cities and villages, or § 59.69, Wis. Stats., for counties. Such petitions shall include all necessary data required by §§ 205-154D and 205-156B.
(1)Â
The proposed amendment shall be referred to the zoning
agency for a public hearing and recommendation to the governing body.
The amendment and notice of public hearing shall be submitted to the
Department Regional Office for review prior to the hearing. The amendment
procedure shall comply with the provisions of § 62.23, Wis.
Stats., for cities and villages or § 59.69, Wis. Stats.,
for counties.
(2)Â
No amendments 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 governing body.
(4)Â
For amendments in areas with no water surface profiles,
the zoning agency or board shall consider data submitted by the Department,
the Zoning Administrator's visual on-site inspections and other available
information.
Any violation of the provisions of this article
by any person shall be unlawful and shall be referred to the municipal
attorney, who shall expeditiously prosecute all such violators. A
violator shall, upon conviction, forfeit to the municipality a penalty
of not less than $100 and not more than $1,000, together with a taxable
cost of such action. Each day of continued violation shall constitute
a separate offense. Every violation of this article is a public nuisance
and the creation may be enjoined and the maintenance may be abated
by action at suit of the municipality, the state, or any citizen thereof
pursuant to § 87.30, Wis. Stats.
Unless specifically defined, words and phrases
in this article shall have their common law meaning and shall be applied
in accordance with their common usage. Words used in the present tense
include the future, the singular number includes the plural and the
plural number includes the singular. The word "may" is permissive;"shall"
is mandatory and is not discretionary.
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building.
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 FIS
and depicted on a FIRM.
Any enclosed area of a building having its floor subgrade,
i.e., below ground level, on all sides.
See "structure."
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., 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 article.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing 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
is in compliance with all of the provisions of this article.
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 the 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 disposal 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
article. 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 that administers the National Flood Insurance
Program.
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average once in a specified
number of years or as a percent (%) chance of occurring in any given
year.
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.
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 the Federal Emergency Management Agency.
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered Z 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 (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
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 Z
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:
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; or
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.
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe,
and may include other designated floodplain areas for regulatory purposes.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
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 provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood. (Also see "freeboard.")
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
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.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. For appeals, a Class 1 notice, published once at least
one week (seven days) before the hearing, is required. For all zoning
ordinances and amendments, a Class 2 notice, published twice, once
each week consecutively, the last at least a week (seven days) before
the hearing is required. Local ordinances or bylaws may require additional
notice, exceeding these minimums.
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:
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;
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;
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
Individually listed on a local 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 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. (Also 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.
The term "manufactured home" includes a mobile home but does not include
a mobile recreational vehicle.
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicle."
The county, city or village governmental units enacting,
administering and enforcing this article.
Elevations referenced to mean sea level datum, 1929 adjustment.
Elevations referenced to mean sea level datum, 1988 adjustment.
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the "start of construction" commenced on
or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
article for the area of the floodplain which it occupies. (For example,
an existing residential structure in the floodfringe district is a
conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this article
for the area of the floodplain which it occupies (such as a residence
in the floodway).
Any development which blocks the conveyance of floodwaters
such that this development, alone or together with any future development,
will cause an increase in regional flood height.
That map, adopted and made part of this article, as described
in this chapter 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.
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
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 Commerce, 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 flood waters will not inundate the land or damage structures
to be removed from the special flood hazard area and 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 FIRM, the RFE is equivalent to the BFE.
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 and/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
buildings, 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.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, stream bed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
Has the meaning given in § 236.02(12), Wis. Stats.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Where special conditions affecting a particular property,
which were not self-created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of the ordinance.
An authorization by the Board of Adjustment or Appeals for
the construction or maintenance of a building or structure in a manner
which is inconsistent with dimensional standards (not uses) contained
in the floodplain zoning ordinance.
The failure of a structure or other development to be fully
compliant with the floodplain zoning ordinance. A structure or other
development without required permits, lowest floor elevation documentation,
floodproofing certificates or required floodway encroachment calculations
is presumed to be in violation until such time as that documentation
is provided.
The entire region contributing runoff or surface water to
a watercourse or body of water.
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.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use