2005-301
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ORDINANCE NO. 2005-301
An ordinance amending Section 18.60, Floodplain Overlay District, of the Code of General
Ordinances of the City of J anesville, with penalties for violations thereof, together with the cost
of prosecution, with remedies upon default of forfeiture payment, and injunctive relief, all in the
manner set forth in Section 18.60.130 of the Code of General Ordinances of the City of
J anesville.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 18.60 of the Code of General Ordinances of the City of J anesville is
hereby amended to read as follows:
Sections:
18.60.010
18.60.020
18.60.030
18.60.040
18.60.050
18.60.060
18.60.070
18.60.080
18.60.090
18.60.100
18.60.110
18.60.120
18.60.130
18.60.140
Chapter 18.60
FLOODPLAIN OVERLAY DISTRICT
Statutory Authorization
Intent Purpose.
General provisions.
General Standards Applicable to all Floodplain Districts.
Regional Floodway Overlay District (FW).
Regional Shallow Depth Flooding Overlay District (SDF).
Regional Flood Fringe Overlay District (FF).
General Floodplain Overlay District (GFP).
Nonconforming Uses.
Administrative procedures.
Appeals Disputes.
Amendments.
Violations Penalties.
Definitions
18.60.010 STATUTORY AUTHORIZATION.
This ordinance is adopted pursuant to the authorization in ss. 61.35 and 62.23, for villages and
cities; 59.69, 59.692, and 59.694 for counties; and the requirements in s. 87.30, Stats.
18.60.020 INTENT PURPOSE.
To promote the public health, safety and general welfare and to minimize flood losses in areas
subject to flood hazards, this floodplain zoning chapter has been established for the following
purposes:
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A. To protect life, health and property.
B. To minimize expenditures of public moneys for costly flood control projects.
C. To minimize rescue and relief efforts, generally undertaken at the expense of the
general public.
D. To minimize business interruption.
E. To minimize damage to public facilities on the floodplains such as water mains,
sewer lines, streets and bridges.
F. To minimize the occurrences of future flood blight areas on floodplains.
G. To discourage the victimization of unwary land and home buyers.
H. Prevent increases in flood heights that could increase flood damage and result in
conflicts between property owners.
I. Discourage development in a floodplain if there is any practicable alternative to
locate the activity, use or structure outside of the floodplain.
18.60.030 GENERAL PROVISIONS.
A. Areas to be regulated. Areas regulated by this chapter include 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.
B. Official Maps and Revisions. The boundaries of all floodplain districts are
designated as floodplains or A Zones on the maps listed below. 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 (RFE's)
on non-FEMA maps shall be effective until approved by the DNR. These maps
and revisions are on file in the office of the Community Development DNR
(DNR), City of Janesville. Ifmore than one map or revision is referenced, the
most current approved information shall apply.
Official Maps: Flood Insurance Rate Map (FIRM), Community-Panel Numbers
5555600005 B and 555560 0010 B, dated January 17, 1985.
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C. District Boundaries. The boundaries of the floodplain districts for purposes of
zoning and land development shall be those areas designated as floodplain on the
maps prepared under floodplain shoreland mapping grant number 9019 dated
October 29, 1984. For purposes ofthis chapter, this map dated October 29, 1984,
is the "Official Floodplain zoning Map for J anesville" and shall be adopted and
made a part of this chapter.
The floodplain and floodway limits delineated on the official floodplain zoning
map are based on the final J anesville flood insurance study including maps and
profiles dated January 17, 1985, from the Federal Emergency Management
Agency (FEMA).
Both the official floodplain zoning map and the flood insurance study map shall
be on file in the City of Janesville Community Development Department.
The boundary lines between the floodway, shallow depth flooding and flood
fringe districts shall be the encroachment lines which are delineated on the official
floodplain zoning map.
1. The general floodplain district (GFP) consists of the land which has been
or may be hereafter covered by floodwater during the regional flood. The
general floodplain district is divided into three subdistricts, the floodway
district (FW), the shallow depth flooding district (SDF) and the flood
fringe district (FF), which are defined as follows:
a. The floodway district consists of the channel of the river or
stream and those portions of the floodplain adjoining the channel
that are required to carry and discharge the floodwater or
floodflows of any river or stream associated with the regional
flood.
b. The shallow depth flooding district consists of that portion of the
floodplain between the floodway and the flood fringe where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, with regional flood depth
from one to three feet and where velocity flow may be evident.
c. The flood fringe district consists of that portion of the floodplain
between the regional flood limits and the floodway area or the
shallow depth flooding area, where such area is shown.
Within these districts, all uses not listed as permitted uses shall be
prohibited.
D. Locating Floodplain Boundaries. The floodplain boundary lines on the official
floodplain zoning map shall be determined by the use of the scale appearing on
the map. Where there is a conflict between the floodplain boundaries illustrated
on the map and actual field conditions, the dispute shall be settled according to
Section 18.60.11 O(C), Boundary Disputes.
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E. Removal of Lands from Floodplain. Compliance with the provisions of this
chapter shall not be grounds for the removal of lands from the floodplain district
unless such lands are filled to a height of at least two feet above the elevation of
the regional or base flood elevation for the particular area and are contiguous to
other lands lying outside the floodplain district, the floodplain map has been
amended pursuant to Section 18.60.120(C), Amendment Procedures, and,
wherever required for insurance purposes, an "official letter of map amendment"
has been issued by the Federal Emergency Management Agency (FEMA).
F. Effect of Floodplain District Regulations. The regulations set forth in this chapter
for floodplain districts shall apply to all floodplain districts mapped on the official
floodplain zoning map, described in Section 18.60.030(B), which is adopted and
made a part of this chapter, and which has been approved by the DNRDNR and
the Federal Insurance Administration (FIA) of the Federal Emergency
Management Agency (FEMA).
G. Compliance. No new use or change in use of any structure, land or water shall be
located, extended, converted or structurally altered and no development as defined
in this title shall commence without full compliance with the terms of this chapter
and other applicable regulations.
H. Municipalities and State Agencies Regulated. Unless specifically exempted by
law, all cities, villages, towns, and counties are required to comply with this
ordinance and obtain all necessary permits. State agencies are required to comply
if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and
repair of state highways and bridges by the Wisconsin Department of
Transportation is exempt when s. 30.2022, Stats., applies.
I. Abrogation and Greater Restrictions. This ordinance supersedes all the provisions
of any municipal zoning ordinance enacted under ss. 59.69, 59.692 or 59.694 for
counties; s. 62.23 for cities; or s. 61.35 for villages; or s. 87.30, Stats., which
relate to floodplains. If another ordinance is more restrictive than this ordinance,
that ordinance shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
This ordinance is not intended to repeal, abrogate or impair any existing deed
restrictions, covenants or easements. If this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail.
J. Interpretation. In their interpretation and application, the provisions of this
ordinance 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 ch. NR
116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the
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standards in effect on the date of the adoption of this ordinance or in effect on the
date of the most recent text amendment to this ordinance.
K. Waming and Disclaimer of Liability. The degree of flood protection intended to
be provided by this chapter is considered reasonable for regulatory purposes and
is based, on engineering and scientific methods of study. Larger floods may
occur on rare occasions or the flood height may be increased by manmade or
natural causes, such as ice jams and bridge openings restricted by debris. This
title does not imply that areas outside floodplain zoning district boundaries will
always be totally free from flooding or flood damages, nor shall this title create a
liability on the part of or a cause of action against the city, or any officer or
employee thereof for any flood damages that may result from reliance on this
chapter.
L. Severability. Should any portion of this ordinance be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance
shall not be affected.
M. Annexed Areas for Cities and Villages. The Rock 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 ch. 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 official. All plats
or maps of annexation shall show the regional flood elevation and the location of
the floodway.
N. General Development Standards. 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 ordinance.
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18.60.040
General Standards Applicable to all Floodplain Districts.
A.
Except as provided in Subparagraph 2 of this subsection, no development shall be
allowed in the floodplain which, acting in combination with existing or future
similar works, will cause an increase equal to or greater than 0.01 foot in the
height of the regional flood or will adversely affect existing drainage courses or
facilities.
B.
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 Section 18.60.040 (C) are met.
C.
Increases equal to or greater than 0.01 foot may be permitted, but only if
amendments are made to this chapter, the official floodplain zoning map
(including floodway lines) and water surface profiles in accordance with Section
18.60.120, Amendments.
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 (LOMe).
D. Utility facilities such as dams, flowage areas, transmission lines, pipelines and
water monitoring devices are permitted, subject to regulations of Chapter 30,
Wisconsin Statutes and applicable federal regulations.
E. Navigational and drainage aids such as channels, channel markers, buoys and
other such devices are permitted, provided, that prior to any alteration or
relocation of a watercourse, the city engineer shall notify adjacent communities,
the DNR and the Federal Insurance Administration, and require the applicant to
secure all necessary permits. The flood carrying capacity within the altered or
relocated portion of any watercourse shall be maintained.
F. Development which requires a permit from the DNRDNR, pursuant to Chapters
30 and 31, Wisconsin Statutes, 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, BFE's
established in the FIS, or other data from the officially adopted FIRM, or other
floodplain zoning maps or floodplain zoning ordinances are made according to
Section 18.60.120., Amendments.
G. 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 DNR 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.
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As soon as is practicable, but not later than six months after the date of the
watercourse alteration or relocation, the zoning official 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.
H. Public or Private Campgrounds. Public or private campgrounds shall have a
low flood damage potential and shall meet the following provisions:
1. The campground is approved by the Department of Health and Family
Services.
2. A land use permit for the campground is issued by the zoning official.
3. The character of the river system and the elevation of the campground is
such that a 72-hour warning of an impending flood can be given to all
campground occupants.
4. 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. 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
sub. (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. Only camping units are allowed.
7. 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. 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. The municipality shall monitor the limited authorizations issued by the
campground operator to assure compliance with the terms of this section.
10. All camping units that remain in place for more than 180 consecutive days
must meet the applicable requirements in either s. 3.0 or s. 4.0 for the
floodplain district in which the structure is located.
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11. 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. 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.
18.60.050 REGIONAL FLOODWAY OVERLAY DISTRICT (FW).
A. Applicability. The provisions of this section shall apply to all areas within the
floodway district, as shown on the official floodplain zoning map, and to the
floodway portion of the general floodplain district as determined pursuant to
Section 18.60.11 O(F), Procedures for Determining F1oodway, Shallow Depth
Flooding and Flood Fringe Limits.
B. Description of Regional Floodway District. The floodway district shall include
mapped floodway areas and those portions of the adjacent floodplain which are
required to convey the regional flood. The floodway district regulates uses
adjoining the channel and between the encroachment limits.
c. Permitted Uses. The following open space uses having a low flood damage
potential and not obstructing shall be permitted within the floodway district, and
in the floodway portion of the general floodplain overlay district, provided that
they are not prohibited by any other ordinance, that they meet all of the standards
contained in Section 18.60.050 (D), Standards for Development in Floodway
Districts and that an occupancy permit has been issued by the building official:
1. Agricultural uses such as: general farming pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod farming and
wild crop harvesting.
2. Nonstructural industrial or commercial uses, such as: loading areas,
parking areas and airport landing strips.
3. Nonstructural recreational uses such as: golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, hiking and horseback riding trails, subject to the
fill limitations of section 18.60.050 (D) 4.
4. Uses or structures accessory to open space uses, or classified as historic
structures that comply with section 18.60.050 (D).
5. Extraction of sand, gravel or other materials that comply with section
18.60.050 (D) 4.
6. Docks, piers or wharves, including docks, piers or wharves used as part of
a marina, and other water related uses, such as dams, flowage areas,
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culverts, navigational aids and river crossings of transmission lines and
pipelines.
7. Public utilities, streets and bridges.
D. Standards for Development in Floodway Districts.
1. All of the provisions of Section 18.60.040 , General Standards applicable
to all Floodplain Districts, shall apply to development in the floodway
district.
2. Structures which are accessory to permitted open spaces uses may be
permitted, providing the structures:
a. Are not designed for human habitation;
b. Have a low flood damage potential;
c. The structures are constructed and placed on the building site so
as to increase flood heights less than 0.01 foot and minimally
obstruct the flow of floodwaters. Whenever possible, structures
shall be constructed with the longitudinal axis parallel to the
direction of flow of floodwaters and shall be placed with their
longitudinal axis approximately on the same line as those of
adjoining structures;
d. Are firmly anchored to prevent them from floating away and
restricting bridge openings or other restricted sections of the
stream or river; and
e. Have all service facilities, such as electrical and heating
equipment at or above the flood protection elevation for the
particular area.
3. Uses permitted by the DNRDNR pursuant to Chapters 30 and 31,
Wisconsin Statutes, may be permitted, provided the necessary permits are
obtained and if necessary amendments are approved by the city to the
official floodway lines, water surface profiles, floodplain zoning maps and
floodplain zoning ordinance.
4. Public utilities, streets and bridges may be permitted provided that:
a. Adequate floodproofing measures are provided to the flood
protection elevation.
b. Construction shall not cause any increase of 0.01 foot or greater
in the height of the regional flood, except that reasonable
increases up to 1.0 foot may be approved if the amendment
procedures and all conditions of Section 18.60.120,
Amendments, are met; and
c. The city amends its water surface profiles, floodplain zoning
maps and floodplain zoning ordinance to reflect any changes
resulting from such construction.
5. Fills or deposition of material may be permitted provided that:
a. The provisions of Section 18.60.040, General Standards
Applicable to All Floodplain Districts, are met;
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b. Fill or deposition of materials does not encroach on the channel
area between the ordinary high water mark on each bank of the
stream unless a permit has been granted by the DNRDNR
pursuant to Chapter 30, Wisconsin Statutes, and a permit
pursuant to Section 404 of the Federal Water Pollution Control
Act, Amendments of 1972, 33 U.S.c. 1334 has been issued, if
applicable, and the other requirements of this section are met;
c. The fill or other materials will be protected against erosion by
riprap, vegetative cover, sheet piling and/or bulkheading
sufficient to prevent erosion; and
d. Such fills are not associated with public or private solid waste
disposal.
E. Prohibited Uses. All uses not listed as permitted uses in section 18.60.050 (C),
are prohibited, including the following uses:
1. Habitable structures, structures with high flood damage potential, or those
not associated with permanent open-space uses.
2. Uses not in harmony with or detrimental to uses permitted in the adjoining
districts.
3. Any private or public sewage systems, except portable latrines that are
removed prior to flooding and systems associated with recreational areas
and DNR-approved campgrounds that meet the applicable provisions of
local ordinances and ch. COMM 83, Wis. Adm. Code.
4. No new well used to obtain water for ultimate human consumption or
modifications to an existing well, shall be allowed in a floodway area.
Any replacement, repair or maintenance of a well in a floodway area shall
meet the applicable provisions of local ordinances and Chapter NR 811
and NR 812, Wisconsin Administrative Code.
5. The storage of any materials that are buoyant, flammable, explosive or
injurious to human, animal, plant, fish or other aquatic life is prohibited.
6. All solid or hazardous waste disposal sites, whether public or private, are
prohibited.
7. Any wastewater treatment ponds or facilities, except those permitted under
s. NR 11 0.15(3)(b), Wis. Adm. Code;
8. Any sanitary sewer or water supply lines, except those to service existing
or proposed development located outside the floodway which complies
with the regulations for the floodplain area occupied.
9. All uses not listed as permitted uses in Section 18.60.050 (C), are
prohibited within the floodway district and in the floodway portion of the
general floodplain district. (Ord. 84362 3(part), 1984; Ord. 84362 Am.
1 1, 1984).
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18.60.060 REGIONAL SHALLOW DEPTH FLOODING OVERLAY DISTRICT (SDF).
A. Applicability. The provisions of this section shall apply to all areas within the
shallow depth flooding district, as shown on the official floodplain zoning map,
and to those portions of the general floodplain district that are determined to be in
the shallow flooding area, pursuant to Section 18.60.100 (C), Procedures for
Determining Floodway, Shallow Depth Flooding and Flood Fringe Limits.
B. Description of Shallow Depth Flooding District. The shallow depth flooding
district shall include areas within the flood fringe where a clearly defined channel
does not exist, where the path of flooding is unpredictable and indeterminate with
regional flood depths from one to three feet and where velocity flow may be
evident.
C. Permitted Uses. The following uses shall be permitted within the shallow depth
flooding district and shallow depth flooding portions of the general floodplain
district: any structure, land use or development may be permitted to the extent that
it is not prohibited by this or any other ordinance or any other federal, state or
local regulation and provided, that it meets the standards for development in the
shallow depth flooding district as established in subsection D of this section and
that an occupancy permit has been issued by the building official.
D. Standards for Development in Shallow Depth Flooding Districts.
1. All of the provisions of Section 18.60.040 , General Standards Applicable
to all Floodplain Districts, shall apply to development in the shallow depth
flooding district.
2. All the provisions of Section 18.60.070 (D), Standards for Development in
Flood Fringe Districts, shall apply to development in the shallow depth
flooding district.
18.60.070 REGIONAL FLOOD FRINGE OVERLAY DISTRICT (FF).
A. Applicability. The provisions of this section shall apply to all areas within the
flood fringe district, as shown on the official floodplain zoning map, and to those
portions of the general floodplain district that are determined to be in the flood
fringe area pursuant to Section 18.60.100 (C) Procedures for Determining
Floodway, Shallow Depth Flooding and Flood Fringe Limits.
B. Description of Regional Flood Fringe District. The flood fringe district shall
include the area between the floodway district, or the shallow depth flooding
district where one exists, and the outer edge of the A zones as designated on the
official floodplain zoning map.
C. Permitted Uses. Any structures, land use or development, including accessory
structures and uses, are allowed within the flood fringe district and flood fringe
portions of the general floodplain district, provided, that Section 18.60.070 (D),
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Standards for Development in Flood Fringe Areas, are complied with, that the use
is not prohibited by any ordinance or any other local, state or federal regulation
and that all required permits have been issued.
D. Standards for Development in Flood Fringe Districts.
1. All of the provisions of Section 18.60.040 (F), General Standards
Applicable to all Floodplain Districts, shall apply to development in the
flood fringe district.
2. Residential Use. Any structure or building used for human habitation,
which is to be erected, constructed, altered, added to or moved into the
flood fringe area shall meet or exceed the following standards:
a. The lowest floor including the basement, except where paragraph
b of this subdivision is applicable shall be placed on fill at or
above the flood protection elevation, which is at two feet above
the regional flood elevation. The fill elevation shall be one foot
or more above the regional flood elevation and shall extend at
such elevation at least fifteen feet beyond the limits of any such
structure or building erected thereon.
b. The basement floor may be placed at the regional flood elevation
providing it is floodproofed to the flood protection elevation.
Where a community wide exception allowing the floodproofing
of basements has been granted by FEMA, the basement floor
may be placed at an elevation lower than the regional flood
elevation, providing it is floodproofed to the flood protection
elevation in compliance with Section 18.60.080 (G),
Floodproofing. If a community wide exception has not been
granted by FEMA, requests to construct the basement floor
below the regional flood elevation must be considered as a
variance, pursuant to the procedures in Section 18.60.110 (C),
Variance.
c. Except as provided in subsection d of this section, contiguous
dryland access shall be provided from a structure or building to
land which is outside of the floodplain, so that any structure shall
be accessible by rescue and relief vehicles during periods of
regional flooding. Contiguous dry land access means a road with
a surface at or above the regional flood elevation and wide
enough for rescue and relief vehicles.
d. In developments where existing streets or sewer lines are at
elevations which make compliance with subsection c of this
section impractical, the municipality may, permit new
development and substantial improvements where access roads
are at or below the regional flood elevation, if:
i. 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
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11. The municipality has a natural disaster plan approved by
Wisconsin Emergency Management and the DNR.
3. Commercial Use. In business areas, any structure or building which is to
be erected, constructed, reconstructed, added to or moved into the flood
fringe area shall meet the requirements of Section 18.60.070(D)(2)
relating to residential construction elevations. Certain yards, parking lots
and other accessory land uses may be at lower elevations. However, no
such area in general use by the public shall be inundated to a depth greater
than two feet or subjected to flood velocities greater than two feet per
second upon the occurrence of the regional flood.
4. Manufacturing and Industrial Use. Manufacturing and industrial
buildings, structures and accessory uses shall be elevated or floodproofed,
in accordance with Section 18.60.080 (G), Floodproofing, to two feet
above the regional flood elevation. Measures shall be taken to minimize
interference with normal plant operation especially for streams having
protracted flood durations. Certain accessory land uses such as yards and
parking lots may be at lower elevations, subject to requirements set out in
Section 18.60.070 (D) (3), Commercial Use.
5. Accessory Structures and Uses.
a. Except as provided in par. (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. 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
provided that it is subject to flood velocities of no more than two
feet per second and that it meets all of the provisions of sections
18.60.050 (D) and 18.60.070 (D).
6. Storage of Materials. The storage or processing of hazardous materials
that are buoyant, flammable, explosive, or which in times of flooding,
could be injurious to human, animal, or plant life, shall be at or above the
flood protection elevation for the particular area or floodproofed in
compliance with Section 18.60.080 (G), Floodproofing.
7. Public utilities, Streets and Bridges. All utilities, streets and bridges shall
be designed to be compatible with comprehensive floodplain development
plans; and
a. When failure or interruption of public utilities, streets or bridges
would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning ofthe area,
construction of and substantial improvements to such facilities
may only be permitted if they are floodproofed, in compliance
with Section 18.60.080 (G), Flood proofing, to the flood
protection elevation;
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b. Minor or auxiliary roads or nonessential utilities may be
constructed at lower elevations provided they can withstand
flood forces to the regional flood elevation.
8. Sewage Systems. All on site sewage disposal systems shall be
floodproofed to the flood protection elevation pursuant to Section
18.60.080 (G), Floodproofing, and shall meet the applicable provisions of
local zoning ordinances and COMM 83, Wisconsin Administration Code.
9. Wells. All wells, whether public or private, shall be floodproofed to the
flood protection elevation pursuant to Section 18.60.080 (G),
Floodproofing, and shall meet the applicable provisions of Chapters NR
811and NR 812, Wisconsin Administration Code.
10. Solid Waste Disposal Sites. All solid waste disposal sites, whether public
or private, are prohibited in flood fringe areas.
11. Deposition of materials. Any deposited material must meet all the
provisions of this ordinance.
12. Manufactured Homes.
a. 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.
b. In existing manufactured home parks, all new homes,
replacement homes on existing pads, and substantially improved
homes shall:
1. have the lowest floor elevated to the flood protection
elevation; and
11. be anchored so they do not float, collapse or move laterally
during a flood.
111. 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 Section
18.60.070 (D).
13. 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
Section 18.60.070 (12). 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.
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18.60.080 GENERAL FLOODPLAIN OVERLAY DISTRICT (GFP).
18.60.090
A.
Applicability. The provisions for this district shall apply to all floodplains in the
city for which regional flood data is not available or where regional flood data is
available, but floodways have not been delineated. As adequate regional flood
data becomes available and floodways are delineated for portions of this district,
such portions shall be placed in the floodway, shallow depth flooding or flood
fringe district, as appropriate.
B.
Description of General Floodplain District (GFP). The general floodplain district
shall include all A zones shown on the official floodplain zoning map.
c.
Permitted Uses. Those uses permitted in Section 18.60.050 (C) and Section
18.60.070 (C) may be permitted, provided the procedures of subsection D of this
section are met and an occupancy permit has been issued by the building official.
D.
Standards for Development in General Floodplain District. The general
floodplain district encompasses floodway, shallow depth flooding and flood
fringe areas. Therefore, a determination shall be made pursuant to Section
18.60.100 (C), Procedures for Determining Floodway, Shallow Depth Flooding,
and Flood Fringe Limits, to determine whether the proposed use is located within
a floodway, shallow depth flooding or flood fringe area. If it is determined that a
proposed use is located within a floodway, the provisions of Section 18.60.050
(C) and (D) shall apply. If it is determined that the proposed use is located within
the shallow depth flooding area, the provisions of Section 18.60.060 (C) and (D)
shall apply. If it is determined that the proposed use is located within the flood
fringe, the provisions of Section 18.60.070 (C) and (D) shall apply. (Ord. 84 362
s.3 (part) 1984).
NONCONFORMING USES
A.
GENERAL
1. Applicability. If these standards conform with s. 59.69(10), Stats., for
counties or s. 62.23(7)(h), 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 ordinance 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 ordinance may continue subject to
the following conditions:
a. No modifications or additions to a nonconforming use or
structure shall be permitted unless they comply with this
ordinance. The words "modification" and "addition" include, but
are not limited to, any alteration, addition, modification,
structural repair, rebuilding or replacement of any such existing
15
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. 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 ordinance;
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 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 ordinance.
Contiguous dry land access must be provided for residential and
commercial uses in compliance with Section 18.60.070
(D)(2)( c). The costs of elevating a nonconforming building or a
building with a nonconforming use to the flood protection
elevation are excluded from the 50% provisions of this
paragraph;
e. Except as provided in subd. f., 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 pre-
damaged condition exceeds 50% of the structure's present
equalized assessed value.
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f. For nonconforming buildings that are damaged or destroyed by a
nonflood disaster, the repair or reconstruction of any such
nonconforming building may be permitted in order to restore it
after the nonflood disaster, provided that the nonconforming
building will meet all of the minimum requirements under 44
CFR Part 60, or under the regulations promulgated thereunder.
g. 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 18.60.050
(D), flood resistant materials are used, and construction practices
and flood proofing methods that comply with Section 18.60.110
(G) are used.
B. FLOODWAY AREAS
1. 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:
a. Has been granted a permit or variance which meets all ordinance
requirements.
b. Meets the requirements of Section 18.60.090 (A).
c. Will not increase the obstruction to flood flows or regional flood
height.
d. Any addition to the existing structure shall be floodproofed,
pursuant to 18.60.110 (G) by means other than the use of fill, to
the flood protection elevation.
e. The portions of the structure located below the Regional Flood
Elevation must be constructed of flood-resistant materials.
f. It must be designed to allow for the automatic entry of flood
waters.
g. It can only be used for limited parking or 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 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 ch. COMM 83,
Wis. Adm. Code.
3. 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 chs. NR 811 and
NR 812, Wis. Adm. Code.
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C. FLOOD FRINGE AREAS
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 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 in Section 18.60.070, except where s
Section 18.60.090 (C)(2) is applicable.
2. Where compliance with the provisions of par. (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 Appeals, using the procedures established in 18.60.110, may
grant a variance from those provisions of par. (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. 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, will not be installed;
d. Flood depths will not exceed two feet;
e. Flood velocities will not exceed two feet per second; and
f. The structure will not be used for storage of materials as
described in Section 18.60.070 (D)(6) .
3. If neither the provisions of par. (1) or (2) above can be met, one addition
to an existing room in a nonconforming building or a building with a
nonconforming use may be allowed in the floodfringe, if the addition:
a. Meets all other regulations and will be granted by permit or
varIance;
b. Does not exceed 60 square feet in area; and
c. In combination with other previous modifications or additions to
the building, does not exceed 50% of the present equalized
assessed value of the building.
4. 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 ch. COMM 83, Wis.
Adm. Code.
5. All new wells, or addition to, replacement, repair or maintenance of a well
shall meet the applicable provisions of this ordinance and ch. NR 811 and
NR 812, Wis. Adm. Code.
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18.60.100 ADMINISTRATIVE PROCEDURES.
A. The building official, with assistance by the city planner, shall administer the
provisions of this chapter and shall exercise the following duties and
responsibilities:
1. Advise applicants as to the provisions of this chapter and assist them in
preparing permit applications;
2. Issue permits and inspect properties for compliance with this chapter and
issue certificates of occupancy when appropriate;
3. Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structures
has occurred.
4. Keep the official records of all water surface profiles, floodplain zoning
maps, floodplain zoning ordinances, nonconforming uses and changes
thereto, permit applications, permits, appeals, variances and amendments
related to the floodplain zoning ordinance.
5. Maintain on file all documentations of certified elevations.
6. Submit copies of the following items to the DNR Regional office:
a. Within 10 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 any case by case analyses, and any other information
required by the DNR including an annual summary of the
number and types of floodplain zoning actions taken.
c. Copies of substantial damage assessments performed and all
related correspondence concerning the assessments.
d. Submit copies of all decisions granting or denying variances and
appeals, all maps and text amendments, case by case analyses,
annual reports, and any other required information to the
appropriate district office of the DNR. An annual summary
showing only the number and types of all floodplain actions
taken by the city shall also be submitted to the department by the
building official.
7. Investigate, prepare reports, and report violations of this chapter to the
municipal zoning agency and city attorney for prosecution. Copies of the
reports shall also be sent to the DNR Regional office.
8. Submit copies of text and map amendments and biennial reports to the
FEMA Regional office.
B. Building Permit. A building permit shall be obtained from the building official
before any new construction, addition, alteration, or development, as defined in
Chapter 18.20 within the floodplain district may be initiated. An application for a
building permit shall be made to the building official upon forms furnished and
shall include the following information:
1. Name and address ofthe applicant and property owner;
2. Legal description of the property and type of proposed use;
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3. A site plan drawn to scale showing:
a. The dimensions of the lot and locations of buildings from lot
line, centerline of abutting highways.
b. The location of the ordinary high water mark of any abutting
watercourse.
c. The location of floodplain and floodway limits as determined
from the official floodplain zoning maps, the elevation of the
lowest floor of proposed buildings and any fill using National
Geodetic and Vertical Datum (NGVD).
d. Data sufficient to determine the regional flood elevation in
NGVD at the location of the development and to determine
whether or not the requirements of Section 18.60.050, 18.60.060
or 18.60.070 are met;
e. Data to determine if the proposed development will cause an
obstruction to flow or an increase in regional flood height or
discharge according to Section 18.60.040 (A) and (B). This may
include any of the information noted in Section 18.60.050 (A).
f. The location and elevation of existing or future access roads.
4. All information concerning any private water or on site sewage disposal
system existing or to be installed, including a sketch showing surveyed
location of wells, streams, lakes, buildings, privies and septic tank systems
within one hundred feet of the proposed sewage disposal site.
C. Procedures for Determining Floodway, Shallow Depth Flooding and Flood Fringe
Limits.
1. When any development is proposed within a general floodplain district, a
determination shall be made to establish the boundaries ofthe floodway,
shallow depth flooding and flood fringe areas and determine the
appropriate uses and standards applicable to determine the regional flood
elevation.
2. Upon receiving an application for development, the building official
shall:
a. Require the applicant to submit, at the time of application, two
copies of an aerial photograph, or a plan which accurately locates
the floodplain proposal with respect to the floodplain district
limits, channel of the stream, existing floodplain developments,
together with all pertinent information such as the nature of the
proposal, legal description of the property, fill limits and
elevations, building flood elevations and floodproofing
measures;
b. Require the applicant to furnish any of the following additional
information as is deemed necessary by the DNR for evaluation of
the effects of the proposal upon floodflows and to determine the
boundaries of the floodway and, where applicable, the regional
flood elevation:
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1. A typical valley cross section showing the channel of the
stream, the floodplain adjoining each side of the channel
cross sectional area to be occupied by the proposed
development and high water information,
11. Plan (surface view) showing elevations or contours of the
ground, pertinent structure, fill or storage elevations, size,
location and spatial arrangement of all proposed and existing
structures on the site, location and elevations of streets, water
supply, sanitary facilities, soil types and other pertinent
information,
111. Profile showing the slope of the bottom of the channel or
flow line of the stream,
IV. Specifications for building construction and materials,
floodproofing, filling, dredging, channel improvement,
storage of materials, water supply and sanitary facilities;
3. Transmit one copy of the information described in paragraphs a. and b. of
this section to the DNR along with a written request to have that agency
provide technical assistance to establish floodway boundaries, and where
applicable, provide regional flood elevation. Where the provisions of
Section 18.60.040ofthis title apply, the applicant shall provide all required
information and computations.
D. Data Requirements to Analyze Developments.
1. 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 s. 236,
Stats., and other proposed developments exceeding 5 acres in area or
where the estimated cost exceeds $125,000. The applicant shall provide:
a. An analysis of the effect of the development on the regional
flood profile, velocity of flow and floodplain storage capacity;
b. A map showing location and details of vehicular access to lands
outside the floodplain; and
c. 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.
E. Expiration. All permits issued under the authority of this ordinance shall expire
two years after issuance.
F. Certificate of Occupancy. No use of any building shall be changed, no vacant
land in the floodplain shall be occupied or used and no building erected, altered or
moved shall be occupied until the applicant obtains a certificate of occupancy
from the building official. The building official shall require that the applicant
submit a certification of a registered professional engineer or architect that the
21
finished fill and building flood elevations and other floodplain regulatory factors
were accomplished in compliance with appropriate floodplain zoning provisions
and other floodplain regulations the applicant shall submit such certification for
all new construction and substantial improvements.
G. Other Permits. It is the responsibility of the applicant to secure all other
necessary permits from all appropriate federal, state and local agencies, including
those required under Section 404 of the Federal Water Pollution Control Act,
Amendments of 1972,33 U.S.C. 1334, as amended.
18.60.110 APPEALS DISPUTES.
A. Appeals to the Board. Appeals from any decision of the building official may be
taken to the zoning board of appeals. Such appeals may be taken by a person
aggrieved or by an officer or department affected by such decision. Such appeal
shall be taken within thirty days after the decision or as otherwise provided by the
rules of the board, by filing with the building official and with the zoning board of
appeals a notice of appeal specifying the grounds thereof. The building official
shall forthwith transmit to the board all the papers constituting the record upon
which the action appealed from was taken.
B. Hearing Appeal.
1. The zoning board of appeals shall fix a reasonable time, but in no case
longer than ninety days, for the hearing of the appeal and shall give public
notice thereof by publishing in the official newspaper of Janesville, a
Class 2 notice pursuant to Chapter 985, Wisconsin Statutes, specifying the
date, time and place of the hearing and the matters to come before the
board. Notice of the time, place and purpose of such hearing shall also be
delivered or sent by regular mail to the applicant, the building official, the
city planner, and the owners of record, as listed in the office of the city
assessor, who are owners of property adjoining the property affected by
any appeal. Such notice shall be sent at least ten days prior to the date of
such public hearing.
2. The zoning board of appeals shall make findings and shall render a
decision on the appeal within a reasonable time, but in no case longer than
ninety days.
3. The final disposition of an appeal or application to the zoning board of
appeals shall be in the form of a written resolution of minutes signed by
the secretary of the board. Such resolution or minutes shall state the
specific findings which are the basis for the board's determination and
shall either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the appeal
for lack of jurisdictional prosecution, or grant the application.
4. A copy of all decisions made by the zoning board of appeals and related to
the floodplain district shall be mailed to the appropriate district office of
the DNR.
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C. Boundary Disputes. The following procedures shall be used by the zoning board
of appeals in hearing disputes concerning the district boundaries shown on the
official floodplain zoning map:
1. Where a floodplain district boundary is established by approximate or
detailed floodplain studies, pursuant to Section 18.60.030 (C), District
Boundaries, the regional flood elevations or profiles for the point in
question shall be the governing factor in locating the district boundary. If
no regional flood elevations or profiles are available to the board, other
available evidence may be examined.
2. In all cases the person contesting the location ofthe district boundaries
shall be given a reasonable opportunity to present arguments and technical
evidence to the zoning board of appeals.
3. Where it is determined that the district boundary is incorrectly mapped,
the board should inform the person contesting the location of the boundary
to petition for a map amendment pursuant to Section 18.60.120,
Amendments.
D. Variance. Any deviation from the standards of this chapter, for which a permit
has been denied by the building official, may be allowed only upon written
request for a variance submitted to the building official, public meeting before the
zoning board of appeals and issuance of a variance from the zoning board of
appeals. The board may authorize in specific cases, such variance from the terms
of this chapter as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this title would result
in unnecessary hardship. A variance:
1. Shall be consistent with the spirit and intent of this floodplain zoning
chapter;
2. Shall not permit a lower degree of flood protection defined in Section
18.20.430. In the shallow depth flooding and flood fringe areas, a lower
degree of flood protection than the flood protection elevation may be
allowed pursuant to Section 18.60.070 (D) (12).
3. Shall not be granted unless it is shown that the variance will not be
contrary to the public interest or damaging to the rights of other persons or
property values in the area;
4. Shall not be granted for actions which require an amendment to the
floodplain zoning ordinance;
5. Shall not have the effect of allowing or expanding a use or structure which
is prohibited in that zoning district by the floodplain zoning ordinance;
6. Shall not be granted solely on the basis of economic gain or loss;
7. Shall not be granted for self created hardship.
If a variance is granted, the building official shall notify the property owner that
increased flood insurance premiums may result.
23
E. In addition to the criteria in par. (D), to qualify for a variance under FEMA
regulations, the following criteria must be met:
1. The variance may not cause any increase in the regional flood elevation;
2. Variances can only be granted for lots that are less than one-half acre and
are contiguous to existing structures constructed below the RFE;
3. 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 ordinance.
F. Floodproofing.
1. Where floodproofing measures, as defined in section 18.20.420, are
required, they shall be designed to withstand the flood pressures, depths,
velocities, uplift and impact forces and other factors associated with the
regional flood, to assure protection to the flood protection elevation. In
addition all floodproofing measures shall provide anchorage of structures
to foundations to resist flotation and lateral movement, and shall insure
that the structural walls and floors are watertight (i.e., completely dry
without human intervention during flooding) to the flood protection
elevation, as defined in Section 18.20.430. The applicant shall submit a
plan or document certified by a registered professional engineer or
architect that the floodproofing measures are adequately designed to
protect the structure or development to the flood protection elevation for
the particular area.
2. Floodproofing measures may include:
a. Reinforcement of Walls and floors to resist rupture or collapse
caused by water pressure or floating debris;
b. Addition of mass or weight to structures to prevent flotation;
c. Placement of essential utilities above the flood protection
elevation;
d. Surface drainage systems for including pumping facilities to
relieve external foundation wall and basement floor pressures
and to lower water levels in structures;
e. Construction of water supply and waste treatment systems to
prevent the entrance of floodwaters into such systems;
f. Cutoff valves on sewer lines and the elimination of gravity flow
basement drains.
G. Public Information.
1. Place marks on structures to show the depth of inundation during the
regional flood.
24
2. All maps, engineering data and regulations shall be available and widely
distributed.
3. All real estate transfers should show what floodplain zoning district any
real property is in.
18.60.120 AMENDMENTS.
A. Generally the common council of the city may, from time to time, alter,
supplement or change the boundaries of use districts and the regulations contained
in the manner provided by law. Official amendments are required for any
changes in the official floodway lines, water surface profiles, floodplain zoning
maps of floodplain zoning ordinance. Actions which require an amendment
include, but are not limited to the following:
1. Any change to the official floodplain zoning map, , including the official
floodway line or boundary of any floodplain area;
2. Correction of significant discrepancies between the water surface profiles
and floodplain zoning maps, in accordance with Section 18.60.11 O(C),
Boundary Disputes;
3. Any fill or encroachment into the floodway which will result in raising the
elevation of an area in the floodway to a height at or above the elevation
of the regional flood;
4. Any fill or encroachment that will cause a change equal to or greater than
0.01 foot in the water surface profiles of the regional flood; and
5. Any upgrade to a floodplain zoning ordinance text required by s. NR
116.05, Wis. Adm. Code, or otherwise required by law, or for changes by
the municipality..
6. 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.
B. Amendments to this title may be made upon petition of any interested party in
accordance with the provisions of Section 62.23, Wisconsin Statutes. Such
petitions shall include any necessary data required by Sections 18.60.040and
18.60.110(F)(2).
C. Amendment Procedure.
1. Copies of any amendment proposed to the common council shall be
referred to the city plan commission and will then be forwarded by the
secretary of the plan commission together with the notice of the public
hearing thereon to the appropriate district office of the DNR.
2. The amendment procedure shall comply with the provisions ofthis chapter
and Chapter 62.23, Wisconsin Statutes.
3. No amendment to the text or maps regarding the floodplain district shall
become effective until approved by the DNR.
4. All persons petitioning for a map amendment that obstructs flow,
increasing regional flood height 0.01 foot or more, shall obtain flooding
25
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. 84 362 s. 3
(part), Am. 1 s. 2, 1984).
5. For amendments in areas with no water surface profiles, the zoning agency
or board shall consider data submitted by the DNR, the zoning official's
visual on-site inspections and other available information. (See Sectioin
18.60.030 (D).
18.60.130 VIOLATIONS PENALTIES.
Any person who violates any of the provisions of this chapter shall be subject to the enforcement
and penalty provisions of Chapter 18.28.
18.60.140 DEFINITIONS
Unless specifically defined, words and phrases in this ordinance 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. A ZONES - defined in Section 18.20.020
B. ACCESSORY STRUCTURE OR USE - defined in Section 18.20.031
C. BASE FLOOD - defined in Section 18.20.060.
D. BASEMENT - Any enclosed area of a building having its floor sub-grade, i.e., below
ground level, on all sides.
E. BUILDING - See STRUCTURE.
F. BULKHEAD LINE - defined in Section 18.20.110
G. CAMPGROUND - Any parcel ofland which is designed, maintained, intended or used
for the purpose of providing sites for nonpermanent overnight use by 4 or more camping
units, or which is advertised or represented as a camping area.
H. 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,
pick-up truck, tent or other mobile recreational vehicle.
I. 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 ordinance.
J. CHANNEL - defined in Section 18.20.140
26
K. CRAWL WAYS 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.
L. DECK - An unenclosed exterior structure that has no roof or sides, but has a permeable
floor which allows the infiltration of precipitation.
M. DEPARTMENT - The Wisconsin Department of Natural Resources.
N. DEVELOPMENT - defined in Section 18.20.230
O. DRYLANÐ 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.
P. ENCROACHMENT - defined in Section 18.20.300
Q. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - 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 ordinance. 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
R. EXPANSION TO EXISTING MOBILE/MANUF ACTURED HOME PARK - 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.
S. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - The federal agency
that administers the National Flood Insurance Program.
T. FLOOD INSURANCE RATE MAP (FIRM) - 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.
U. FLOOD or FLOODING - defined in Section 18.20.360
V. 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.
W. FLOOD FRINGE - defined in Section 18.20.370
X. FLOOD HAZARD BOUNDARY MAP - defined in Section 18.20.380
Y. FLOOD INSURANCE STUDY MAP - defined in Section 18.20.390
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Z. FLOODPLAIN - defined in Section 18.20.400
AA. FLOODPLAIN ISLAND - A natural geologic land formation within the floodplain that is
surrounded, but not covered, by floodwater during the regional flood.
BB. FLOODPLAIN MANAGEMENT - Policy and procedures to insure wise use of
floodplains, including mapping and engineering, mitigation, education, and
administration and enforcement of floodplain regulations.
Cc. FLOOD PROFILE - defined in Section 18.20.410
DD. FLOODPROOFING - defined in Section 18.20.420
EE. FLOOD PROTECTION ELEVATION - defined in Section 18.20.430 (Also see:
FREEBOARD.)
FF. FLOOD STORAGE - Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood discharge.
GG. FLOODW A Y - defined in Section 18.20.440
HH. FREEBOARD - defined in Section 18.20.450
II. HABIT ABLE STRUCTURE - Any structure or portion thereof used or designed for
human habitation.
JJ. HEARING NOTICE - Publication or posting meeting the requirements of Ch. 985, Stats.
For appeals, a Class 1 notice, published once at least one week (7 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 (7 days) before
the hearing. Local ordinances or bylaws may require additional notice, exceeding these
mInImUms.
KK. 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.
LL. HISTORIC STRUCTURE - defined in Section 18.20.520
MM. INCREASE IN REGIONAL FLOOD HEIGHT - 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.
NN. LAND USE - Any non structural use made of unimproved or improved real estate. (Also
see DEVELOPMENT.)
00. MANUFACTURED HOME - defined in Section 18.20.622
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PP. 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.
QQ. MUNICIPALITY or MUNICIPAL - The county, city or village governmental units
enacting, administering and enforcing this zoning ordinance.
RR. NGVD or NATIONAL GEODETIC VERTICAL DATUM - Elevations referenced to
mean sea level datum, 1929 adjustment.
SS. 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.
TT. NONCONFORMING STRUCTURE - defined in Section 18.20.689
DU. NONCONFORMING USE - defined in Section 18.20.690
VV. 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.
WW. OFFICIAL FLOODPLAIN ZONING MAP - defined in Section 18.20.719
XX. OPEN SPACE USE - defined in Section 18.20.730
YY. ORDINARY HIGHWATER MARK - defined in Section 18.20.740
ZZ. PERSON - defined in Section 18.20.750
AAA. PRIV ATE SEW AGE 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
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.
BBB. 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.
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CCC. REASONABLY SAFE FROM FLOODING - Means base flood waters will not inundate
the land or damage structures to be removed from the special flood hazard area and that
any subsurface waters related to the base flood will not damage existing or proposed
buildings.
DDD. REGIONAL FLOOD - defined in Section 18.20.790
EEE. 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.
FFF. STRUCTURE - defined in Section 18.20.860
GGG. SUBDIVISION - Has the meaning given in s. 236.02(12), Wis. Stats.
HHH. 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
percent of the equalized assessed value of the structure before the damage occurred.
III. 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 ordinance.
JJJ. 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 floodplain zoning ordinance.
KKK. VIOLATION - 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.
LLL. WATERSHED - The entire region contributing runoff or surface water to a watercourse
or body of water.
MMM. 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
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certain flood flow. A water surface profile of the regional flood is used in regulating
floodplain areas.
NNN. WELL - means an excavation opening in the ground made by digging, boring, drilling,
driving or other methods, to obtain groundwater regardless of its intended use.
SECTION II. This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requmng.
ADOPTED:
January 23, 2006
Motion by: Addie
Second by:Williams
Councilmember Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie x
APPROVED:
~~~
~even E. Sheiffer, City Mager
ATTEST:
APPROVED AS TO FORM:
[\,/11 {d /LLl Ä1(~3i .
City Attorney L. L
Proposed by: Community Development
Department
Prepared by: Community Development
Department
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