(A) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:
(1) Has been granted a permit or variance which meets all ordinance requirements;
(2) Meets the requirements of § 153.044;
(3) Will not increase the obstruction to flood flows or regional flood height;
(4) Any addition to the existing structure shall be floodproofed, pursuant to § 153.080, by means other than the use of fill, to the flood protection elevation; and
(5) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
(a) The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters 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;
(b) The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
(c) Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
(d) The use must be limited to parking or limited storage.
(B) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on- site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and Wis. Adm. Code Chapter SPS 838.
(C) 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 Wis. Adm. Code Chapters NR 811 and NR 812.
(Prior Code, Ch. 19 § 6.2) (Ord. passed 7-8-2009)