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(A) General.
(1) If these standards conform with Wis. Stats. § 59.69(10) for counties or Wis. Stats. § 62.23(7)(h) 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 chapter or any amendment thereto.
(2) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions.
(a) 1. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this chapter. 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. Maintenance is not considered a modification; this includes painting, decorating, paneling, and other nonstructural components and the maintenance, repair, or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.
2. 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) 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 chapter.
(c) 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) 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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 154.04(C)(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this division;
(e) No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which 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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 154.04(C)(1).
(f) If on a per event basis the total value of the work being done under divisions (A)(2)(d) and (A)(2)(e) above equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 154.04(C)(1).
(g) Except as provided in division (A)(2)(h) 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 chapter requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value.
(h) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.
1. Residential structures.
a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of § 154.25(B);
b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage;
c. Shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding;
d. In A Zones, obtain, review, and utilize any flood data available from a federal, state, or other source;
e. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 154.05(C)(1); and
f. In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
2. Nonresidential structures.
a. Shall meet the requirements of divisions (A)(2)(h)1.a. and (A)(2)(h)1.b. and (A)(2)(h)1.e. through (A)(2)(h)1.g. above;
b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in § 154.25(A) or (B); and
c. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 154.05(C)(1).
3. Historic structures. A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with § 154.25 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of division (A)(2)(h) above if it is determined that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(B) Floodway District.
(1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
(a) Has been granted a permit or variance which meets all chapter requirements;
(b) Meets the requirements of division (A) above;
(c) Shall not increase the obstruction to flood flows or regional flood height;
(d) Any addition to the existing structure shall be flood-proofed pursuant to § 154.25, by means other than the use of fill, to the flood protection elevation; and
(e) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1. 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. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3. Mechanical and utility equipment must be elevated or flood-proofed to or above the flood protection elevation; and
4. The use must be limited to parking, building access, or limited storage.
(2) 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 the Floodway District. 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, § 154.25(C), and Wis. Adm. Code Ch. SPS 383.
(3) (a) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District.
(b) Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, § 154.25(C), and Wis. Adm. Code Chs. NR 811 and NR 812.
(C) Floodfringe District.
(1) 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 meets the requirements of § 154.04(C) except where division (C)(2) below is applicable.
(2) Where compliance with the provisions of division (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 in § 154.23, may grant a variance from those provisions of division (C)(1) above 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) No floor is allowed below the regional flood elevation for residential or commercial structures;
(b) Human lives are not endangered;
(c) Public facilities, such as water or sewer, shall not be installed;
(d) Flood depths shall not exceed two feet;
(e) Flood velocities shall not exceed two feet per second; and
(f) The structure shall not be used for storage of materials as described in § 154.04(C)(5).
(3) 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, § 154.25(C), and Wis. Adm. Code Ch. SPS 383.
(4) All new wells, or addition to, replacement, repair, or maintenance of a well, shall meet the applicable provisions of this chapter, § 154.25(C), and Wis. Adm. Code Chs. NR 811 and NR 812.
(Ord. 07-2015, passed 9-3-2015)
(A) Requirement. Obstructions or increases may only be permitted if amendments are made to this chapter, the Official Floodplain Zoning Maps, floodway lines, and water surface profiles in accordance with division (B) below.
(1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the Official Floodplain Zoning Maps, floodway lines, and water surface profiles in accordance with division (B) below. Any such alterations must be reviewed and approved by FEMA and the DNR.
(2) In A Zones, increases equal to or greater than one foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain maps, floodway lines, and water surface profiles in accordance with division (B) below.
(B) General. The governing body shall change or supplement the Floodplain Zoning District boundaries and this chapter in the manner outlined in division (C) below. Actions which require an amendment to the ordinance and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
(1) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
(2) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
(3) Any changes to any other officially adopted floodplain maps listed in § 154.01(E)(2)(b);
(4) Any floodplain fill 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;
(5) Correction of discrepancies between the water surface profiles and floodplain maps;
(6) Any upgrade to this chapter’s text required by Wis. Adm. Code Ch. NR 116.05, or otherwise required by law, or for changes by the municipality; and
(7) 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.
(C) Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats. § 62.23 for cities and villages, or Wis. Stats. § 59.69 for counties. The petitions shall include all data required by § 154.21(B). The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
(1) 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’s regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stats. § 62.23 for cities and villages, or Wis. Stats. § 59.69 for counties.
(2) No amendments shall become effective until reviewed and approved by the Department.
(3) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height 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.
(Ord. 07-2015, passed 9-3-2015)
(A) Rules of construction. Unless specifically defined, words and phrases in this chapter 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.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A ZONES. 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.
AH ZONE. See AREA OF SHALLOW FLOODING.
AO ZONE. See AREA OF SHALLOW FLOODING.
ACCESSORY STRUCTURE OR USE. A facility, structure, building, or use which is accessory or incidental to the principal use of a property, structure, or building.
ALTERATION. An enhancement, upgrading, or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning, and other systems within a structure.
AREA OF SHALLOW FLOODING. A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
BASEMENT. Any enclosed area of a building having its floor sub-grade (i.e., below ground level) on all sides.
BUILDING. See STRUCTURE.
BULKHEAD LINE. A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to Wis. Stats. § 30.11, 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 chapter.
CAMPGROUND. 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.
CAMPING UNIT. 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, pickup truck, or tent that is fully licensed, if required, and ready for highway use.
CERTIFICATE OF COMPLIANCE. 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 chapter.
CHANNEL. A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
CRAWLWAYS or CRAWL SPACE. 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.
DECK. An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
DEPARTMENT. The Wisconsin Department of Natural Resources.
DEVELOPMENT. 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 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.
DRYLAND ACCESS. 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.
ENCROACHMENT. Any fill, structure, equipment, use, or development in the floodway.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The federal agency that administers the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM). A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
(a) The overflow or rise of inland waters;
(b) The rapid accumulation or runoff of surface waters from any source;
(c) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
(d) 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.
FLOOD FREQUENCY. 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.
FLOODFRINGE. The 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.
FLOOD HAZARD BOUNDARY MAP. A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A 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.
FLOOD INSURANCE STUDY. 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 A 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.
FLOODPLAIN. 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.
FLOODPLAIN ISLAND. A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
FLOODPLAIN MANAGEMENT. Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
FLOOD PROFILE. 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.
FLOOD-PROOFING. 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.
FLOOD PROTECTION ELEVATION. An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. Also see FREEBOARD.
FLOOD STORAGE. Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
FREEBOARD. 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.
HABITABLE STRUCTURE. Any structure or portion thereof used or designed for human habitation.
HEARING NOTICE. Publication or posting meeting the requirements of Wis. Stats. Chapter 985. 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. Local ordinances or bylaws may require additional notice, exceeding these minimums.
HIGH FLOOD DAMAGE POTENTIAL. 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.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is either:
(a) 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;
(b) 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;
(c) 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
(d) 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.
INCREASE IN REGIONAL FLOOD HEIGHT. A calculated upward rise in the regional flood elevation greater than 0.00 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.
LAND USE. Any nonstructural use made of unimproved or improved real estate. Also see DEVELOPMENT.
LOWEST ADJACENT GRADE. Elevation of the lowest ground surface that touches any of the exterior walls of a building.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 C.F.R. § 60.3.
MAINTENANCE. The act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems, or equipment with equivalent fixtures, systems, or structures.
MANUFACTURED HOME. 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”.
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING. 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 chapter. 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.
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING. 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 if concrete pads.
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 VEHICLES.
MODEL, CORRECTED EFFECTIVE. A hydraulic engineering model that corrects any errors that occur in the duplicate effective model, adds any additional cross-sections to the duplicate effective model, or incorporates more detailed topographic information than that used in the current effective model.
MODEL, DUPLICATE EFFECTIVE. A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
MODEL, EFFECTIVE. The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
MODEL, EXISTING (PRE-PROJECT). A modification of the duplicate effective model or corrected effective model to reflect any human-made modifications that have occurred within the floodplain since the date of the effective model, but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the corrected effective model or duplicate effective model.
MODEL, REVISED (POST-PROJECT). A modification of the existing or pre-project conditions model, duplicate effective model, or corrected effective model to reflect revised or post-project conditions.
MUNICIPALITY or MUNICIPAL. The county, city, or village governmental units enacting, administering, and enforcing this chapter.
NORTH AMERICAN VERTICAL DATUM (NAVD). Elevations referenced to mean sea level datum, 1988 adjustment.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). Elevations referenced to mean sea level datum, 1929 adjustment.
NEW CONSTRUCTION. 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.
NONCONFORMING STRUCTURE. An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter 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.)
NONCONFORMING USE. An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this chapter for the area of the floodplain which it occupies (such as a residence in the floodway).
OBSTRUCTION TO FLOW. 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.
OFFICIAL FLOODPLAIN ZONING MAP. The map adopted and made part of this chapter, as described in § 154.01(E)(2), which has been approved by the Department and FEMA.
OPEN-SPACE USE. Those uses having a relatively low flood damage potential and not involving structures.
ORDINARY HIGH WATER MARK. 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.
PERSON. An individual, or group of individuals, corporation, partnership, association, municipality, or state agency.
PRIVATE SEWAGE SYSTEM. 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 Safety and Professional Services, 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.
PUBLIC UTILITIES. 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.
REASONABLY SAFE FROM FLOODING. Base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
REGIONAL FLOOD. A flood determined to be representative of large floods known to have occurred in Wisconsin. A REGIONAL FLOOD is a flood with a 1% chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
START OF CONSTRUCTION. 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.
STRUCTURE. Any human-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.
SUBDIVISION. Has the meaning given in Wis. Stats. § 236.02(12).
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the equalized assessed value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which equals or exceeds 50% of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered SUBSTANTIAL IMPROVEMENT regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
UNNECESSARY HARDSHIP. 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 chapter.
VARIANCE. 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 chapter.
VIOLATION. The failure of a structure or other development to be fully compliant with the chapter. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates, or required floodway encroachment calculations is presumed to be in VIOLATION until such time as that documentation is provided.
WATERSHED. The entire region contributing runoff or surface water to a watercourse or body of water.
WATER SURFACE PROFILE. 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.
WELL. An excavation opening in the ground made by digging, boring, drilling, driving, or other methods to obtain groundwater regardless of its intended use.
(Ord. 07-2015, passed 9-3-2015)
ADMINISTRATION
Where a zoning administrator, planning agency, or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under Wis. Stats. §§ 59.69, 59.692, or 62.23(7), these officials shall also administer this chapter.
(Ord. 07-2015, passed 9-3-2015)
(A) Duties and powers. The Zoning Administrator is authorized to administer this chapter and shall have the following duties and powers:
(1) Advise applicants of the chapter 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;
(2) Issue permits and inspect properties for compliance with provisions of this chapter and issue certificates of compliance where appropriate;
(3) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred;
(4) Keep records of all official actions such as:
(a) All permits issued, inspections made, and work approved;
(b) Documentation of certified lowest floor and regional flood elevations;
(c) Flood-proofing certificates;
(d) Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures, including changes, appeals, variances, and amendments;
(e) All substantial damage assessment reports for floodplain structures; and
(f) List of nonconforming structures and uses.
(5) Submit copies of the following items to the Department’s regional office:
(a) Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
(b) Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken; and
(c) Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
(6) Investigate, prepare reports, and report violations of this chapter to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department’s regional office; and
(7) Submit copies of amendments to the FEMA regional office.
(B) Land use permit. A land use permit shall be obtained before any new development; repair, modification, or addition to an existing structure; 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:
(1) General information.
(a) Name and address of the applicant, property owner, and contractor; and
(b) Legal description, proposed use, and whether it is new construction or a modification.
(2) Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
(a) Location, dimensions, area, and elevation of the lot;
(b) Location of the ordinary high water mark of any abutting navigable waterways;
(c) Location of any structures with distances measured from the lot lines and street centerlines;
(d) Location of any existing or proposed on-site sewage systems or private water supply systems;
(e) Location and elevation of existing or future access roads;
(f) Location of floodplain and floodway limits as determined from the Official Floodplain Zoning Maps;
(g) 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) 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 §§ 154.04 are met; and
(i) Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 154.03(C)(1).
(3) Hydraulic and hydrologic studies to analyze development. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the state. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
(a) Zone A floodplains.
1. Hydrology. The appropriate method shall be based on the standards in Wis. Adm. Code Ch. NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.
2. Hydraulic modeling. The regional flood elevation shall be based on the standards in Wis. Adm. Code Ch. NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
a. Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (e.g., dam, bridge, or culvert) to determine adequate starting WSEL for the study;
b. Channel sections must be surveyed;
c. Minimum four foot contour data in the overbanks shall be used for the development of cross-section overbank and floodplain mapping;
d. A maximum distance of 500 feet between cross-sections is allowed in developed areas with additional intermediate cross-sections required at transitions in channel bottom slope including a survey of the channel at each location;
e. The most current version of HEC-RAS shall be used;
f. A survey of bridge and culvert openings and the top of road is required at each structure;
g. Additional cross-sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach, if greater than 500 feet;
h. Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients, or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices; and
i. The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
3. Mapping. A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development, and whether the proposed development is located in the floodway.
a. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
b. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
(b) Zone AE floodplains.
1. Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on Wis. Adm. Code Ch. NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.
2. Hydraulic model. The regional flood elevation shall be based on the standards in Wis. Adm. Code Ch. NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
a. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot;
b. The corrected effective model shall not include any human-made physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for Department review;
c. The existing model shall be required to support conclusions about the actual impacts of the project associated with the revised (post-project) model or to establish more up-to-date models on which to base the revised (post-project) model;
d. The revised (post-project conditions) model shall incorporate the existing model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions;
e. All changes to the duplicate effective model and subsequent models must be supported by certified topographic information, bridge plans, construction plans, and survey notes; and
f. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross-sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and topwidths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The effective model shall not be truncated.
3. Mapping. Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
a. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans;
b. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised;
c. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries;
d. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the universal transverse mercator (UTM) projection and state plane coordinate system in accordance with FEMA mapping specifications;
e. The revised floodplain boundaries shall tie into the effective floodplain boundaries;
f. All cross-sections from the effective model shall be labeled in accordance with the effective map and a cross-section lookup table shall be included to relate to the model input numbering scheme;
g. Both the current and proposed floodways shall be shown on the map; and
h. The stream centerline or profile baseline used to measure stream distances in the model shall be visible on the map.
(4) Expiration. All permits issued under the authority of this chapter shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.
(C) 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 Zoning Administrator, except where no permit is required, subject to the following provisions:
(1) The certificate of compliance shall show that the building or premises, or part thereof, and the proposed use conform to the provisions of this chapter;
(2) Application for such certificate shall be concurrent with the application for a permit;
(3) If all chapter provisions are met, the certificate of compliance shall be issued within ten days after written notification that the permitted work is completed; and
(4) The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor, and flood-proofing elevations are in compliance with the permit issued. Flood-proofing measures also require certification by a registered professional engineer or architect that the requirements of § 154.25 are met.
(D) Other permits. Prior to obtaining a floodplain development permit, the applicant must secure all necessary permits from federal, state, and local agencies including, but not limited to, those required by the U.S. Army Corps of Engineers under § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
(Ord. 07-2015, passed 9-3-2015)
(A) The Plan Commission shall:
(1) Oversee the functions of the office of the Zoning Administrator; and
(2) Review and advise the governing body on all proposed amendments to this chapter, maps, and text.
(B) The Plan Commission shall not:
(1) Grant variances to the terms of the chapter in place of action by the Board of Adjustment/Appeals; or
(2) Amend the text or zoning maps in place of official action by the governing body.
(Ord. 07-2015, passed 9-3-2015)
The Board of Adjustment/Appeals, created under Wis. Stats. § 59.694 for counties or Wis. Stats. § 62.23(7)(e) for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this chapter. The Board shall exercise the powers conferred by state statutes and adopt rules for the conduct of business. The Zoning Administrator shall not be the Secretary of the Board.
(A) Powers and duties. The Board of Adjustment/Appeals shall:
(1) 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 chapter;
(2) Hear and decide disputes concerning the district boundaries shown on the Official Floodplain Zoning Map; and
(3) Hear and decide, upon appeal, variances from the chapter standards.
(B) Appeals to the Board.
(1) 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.
(2) The Board shall provide notice:
(a) Fix a reasonable time for the hearing;
(b) Publish adequate notice, pursuant to state statutes, specifying the date, time, place, and subject of the hearing; and
(c) Assure that notice shall be mailed to the parties in interest and the Department regional office at least ten days in advance of the hearing.
(3) Any party may appear in person or by agent. The Board shall:
(a) Resolve boundary disputes according to division (C) below;
(b) Decide variance applications according to division (D) below; and
(c) Decide appeals of permit denials according to § 154.24.
(4) The final decision regarding the appeal or variance application shall:
(a) Be made within a reasonable time;
(b) Be sent to the Department’s regional office within ten days of the decision;
(c) Be a written determination signed by the Chairperson or Secretary of the Board;
(d) State the specific facts which are the basis for the Board’s decision;
(e) 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; and
(f) 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.
(C) Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
(1) 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;
(2) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
(3) 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 § 154.07.
(D) Variance.
(1) The Board may, upon appeal, grant a variance from the standards of this chapter if an applicant convincingly demonstrates that:
(a) Literal enforcement of the chapter will cause unnecessary hardship;
(b) The hardship is due to adoption of the chapter and unique property conditions not common to adjacent lots or premises. In such case the chapter or map must be amended;
(c) The variance is not contrary to the public interest; and
(d) The variance is consistent with the purpose of this chapter in § 154.01(C).
(2) In addition to the criteria in division (D)(1) above, to qualify for a variance under FEMA regulations, the following criteria must be met:
(a) The variance shall not cause any increase in the regional flood elevation;
(b) Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and
(c) 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 the chapter.
(3) A variance shall not:
(a) Grant, extend, or increase any use prohibited in the zoning district;
(b) Be granted for a hardship based solely on an economic gain or loss;
(c) Be granted for a hardship which is self-created;
(d) Damage the rights or property values of other persons in the area;
(e) Allow actions without the amendments to this chapter or map(s) required in § 154.07; and/or
(f) Allow any alteration of a historic structure, including its use, which would preclude its continued designation as a historic structure.
(4) When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property, and flood insurance premiums could increase up to $25 per $100 of coverage. A copy shall be maintained with the variance record.
(Ord. 07-2015, passed 9-3-2015)
(A) The Zoning Agency (§ 154.22(B)) or Board shall review all data related to the appeal. This may include:
(1) Permit application data listed in § 154.21(B);
(2) Floodway/floodfringe determination data in § 154.05(D);
(3) Data listed in § 154.03(C)(1)(b) where the applicant has not submitted this information to the Zoning Administrator; and
(4) Other data submitted with the application or submitted to the Board with the appeal.
(B) For appeals of all denied permits, the Board shall:
(1) Follow the procedures of § 154.23;
(2) Consider zoning agency recommendations; and
(3) Either uphold the denial or grant the appeal.
(C) For appeals concerning increases in regional flood elevation, the Board shall:
(1) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of § 154.07; or
(2) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.
(Ord. 07-2015, passed 9-3-2015)
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