2015-608 Ordinance No. 2015 -608
An ordinance repealing and replacing Chapter 18.60, Floodplain Overlay District, and
amending Chapter 18.20, Definitions, of the Code of General Ordinances of the City of
Janesville, 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 Sections 18.60.120 and 18.28.010, respectively, of the Code of General
Ordinances of the City of Janesville.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 18.20.330 of Chapter 18.20 of the Code of General Ordinances of the
City of Janesville is hereby deleted:
"Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels)
of land divided into two or more mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to-bc affi-) e _ _ _ —
_ •• - - _
regulations adopted by a community.
SECTION II. Section 18.20.360 of Chapter 18.20 of the Code of General Ordinances of the
City of Janesville is hereby amended as follows:
18.20.360 FLOOD OR FLOODING. "Flood" or "flooding" means a general and
temporary condition of partial or complete inundation of normal dry land areas
source caused by one of the following conditions:
• The overflow or rise of inland waters;
• The rapid accumulation or runoff of surface waters from any source
• The 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.
SECTION III. Section 18.20.385 of Chapter 18.20 of the Code of General Ordinances of the
City of Janesville is hereby created as follows:
18.20.385 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.
SECTION IV. Section 18.20.400 of Chapter 18.20 of the Code of General Ordinances of the
City of Janesville is hereby amended as follows:
18.20.400 FLOODPLAIN. " Floodplain" means the land which has been or may be
hereafter covered by floodwater during the regional flood. The floodplain includes the fioodway
and the flood fringe, and may include other designated floodplain areas for regulatory purposes.
SECTION V. Section 18.20.790 of Chapter 18.20 of the Code of General Ordinances of the
City of Janesville is hereby amended as follows:
18.20.790 REGIONAL FLOOD. "Regional flood" m ans that flood level
• - - •• - - _ e e - e - „entative of large floods known to have generally occurred in
physical characteristics. The flood frequency of the regional flood is once in every one
regional flood may occur or be exceeded. During a typical thirty -year mortgage period,
the regional flood has a twenty six percent chance of occurrence. A flood determined to
be representative of large floods known to have occurred in Wisconsin. A regional flood is a
flood with a one percent chance of being equaled or exceeded in any given year, and if depicted
on the FIRM, the RFE is equivalent to the BFE.
SECTION VI. Chapter 18.60 of the Code of General Ordinances of the City of Janesville is
hereby repealed and replaced to read as follows:
Chapter 18.60
FLOODPLAIN OVERLAY DISTRICT
Sections:
18.60.010 Statutory Authorization.
18.60.015 Finding of Fact.
18.60.020 Statement of Purpose.
18.60.025 Title.
18.60.030 General provisions.
18.60.040 General Standards Applicable to all Floodplain Districts
18.60.050 Floodway District (FW).
18.60.060 Floodfringe District (FF).
18.60.070 General Floodplain District (GFP).
18.60.080 Nonconforming Uses.
18.60.090 Administrative procedures.
18.60.095 Zoning Agency
18.60.100 Appeals /Disputes.
18.60.110 Amendments.
18.60.120 Enforcement and Penalties.
18.60.130 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.
18.60.015 FINDING OF FACT
Uncontrolled development and use of the floodplains and rivers of this municipality would impair
the public health, safety, convenience, general welfare and tax base.
18.60.020 STATEMENT OF PURPOSE
This ordinance is intended to regulate floodplain development to:
A. Protect life, health and property;
B. Minimize expenditures of public funds for flood control projects;
C. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
D. Minimize business interruptions and other economic disruptions;
E. Minimize damage to public facilities in the floodplain;
F. Minimize the occurrence of future flood blight areas in the floodplain;
G. Discourage the victimization of unwary land and homebuyers;
H. Prevent increases in flood heights that could increase flood damage and result in
conflicts between property owners; and
Discourage development in a floodplain if there is any practicable alternative to locate
the activity, use or structure outside of the floodplain.
18.60.025 TITLE
This ordinance shall be known as the Floodplain Zoning Ordinance for Janesville, Wisconsin.
18.60.030 GENERAL PROVISIONS
A. AREAS TO BE REGULATED
This ordinance regulates all areas that would be covered by the regional flood or base
flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by
DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance
Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory
zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be
derived from other studies. If more than one map or revision is referenced, the most
restrictive information shall apply.
B. OFFICIAL MAPS & REVISIONS
The boundaries of all floodplain districts are designated as A, AE, AH, AO or Al -30 on
the maps based on the Flood Insurance Study (FIS) listed below. Any change to the
base flood elevations (BFE) or any changes to the boundaries of the floodplain or
floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and
approved by the DNR and FEMA through the Letter of Map Change process (see s.
18.60.110 Amendments) before it is effective. No changes to 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 Planning Services Department, City of Janesville. If more than one map
or revision is referenced, the most restrictive information shall apply.
1. OFFICIAL MAPS : Based on the FIS:
Flood Insurance Rate Map (FIRM), panel numbers 5510500090E,
5510500177E, 55105C0179E, 5510500181 E, 5510500182E, 5510500183E,
5510500184E, 5510500187E, 5510500189E, 5510500191 E, 5510500192E,
5510500193E, 55105C0194E, 55105CO201 E, 55105CO202E, 5510500203E,
5510500204E, 5510500208E, 5510500211 E, 5510500212E, 5510500306E,
5510500307E dated September 16, 2015, with corresponding profiles that are
based on the Flood Insurance Study (FIS) dated September 16, 2015 Volume
Number 55105CV001B and 55105CV002B.
C. ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS
The regional floodplain areas are divided into three districts as follows:
1. The Floodway District (FW), is the channel of a river or stream and those
portions of the floodplain adjoining the channel required to carry the regional
floodwaters and are contained within AE Zones as shown on the FIRM.
2. The Floodfringe District (FF) is that portion between the regional flood limits and
the floodway and displayed as AE Zones on the FIRM.
3. The General Floodplain District (GFP) is those areas that may be covered by
floodwater during the regional flood and does not have a BFE or floodway
boundary determined, including A, AH and AO zones on the FIRM.
D. LOCATING FLOODPLAIN BOUNDARIES
Discrepancies between boundaries on the official floodplain zoning map and actual field
conditions shall be resolved using the criteria in subd (a) or (b) below. If a significant
difference exists, the map shall be amended according to s. 18.60.110 Amendments.
The zoning administrator can rely on a boundary derived from a profile elevation to grant
or deny a land use permit, whether or not a map amendment is required. The zoning
administrator shall be responsible for documenting actual pre - development field
conditions and the basis upon which the district boundary was determined and for
initiating any map amendments required under this section. Disputes between the
zoning administrator and an applicant over the district boundary line shall be settled
according to s. 18.60.100(0) and the criteria in (1) and (2) below. Where the flood
profiles are based on established base flood elevations from a FIRM, FEMA must
approve any map amendment or revision pursuant to s. 18.60.100 Amendments.
1. If flood profiles exist, the map scale and the profile elevations shall determine the
district boundary. The regional or base flood elevations shall govern if there are
any discrepancies.
2. Where flood profiles do not exist for projects, the location of the boundary shall
be determined by the map scale.
E. REMOVAL OF LANDS FROM FLOODPLAIN
Compliance with the provisions of this ordinance shall not be grounds for removing land
from the floodplain unless it is filled at least two feet above the regional or base flood
elevation, the fill is contiguous to land outside the floodplain, and the map is amended
pursuant to s. 18.60.110 Amendments.
F. COMPLIANCE
Any development or use within the areas regulated by this ordinance shall be in
compliance with the terms of this ordinance, and other applicable local, state, and
federal regulations.
G. 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.
H. ABROGATION AND GREATER RESTRICTIONS
1. 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; s.
61.35 for villages; or s. 87.30, Stats., which relate to floodplains. A more
restrictive ordinance shall continue in full force and effect to the extent of the
greater restrictions, but not otherwise.
2. 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.
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 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.
J. WARNING AND DISCLAIMER OF LIABILITY
The flood protection standards in this ordinance are based on engineering experience
and research. Larger floods may occur or the flood height may be increased by
man -made or natural causes. This ordinance does not imply or guarantee that non -
floodplain areas or permitted floodplain uses will be free from flooding and flood
damages. This ordinance does not create liability on the part of, or a cause of action
against, the municipality or any officer or employee thereof for any flood damage that
may result from reliance on this ordinance.
K. 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.
L. 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 44 CFR 59 -72, National Flood Insurance Program (NFIP).
These annexed lands are described on the municipality's official zoning map. County
floodplain zoning provisions are incorporated by reference for the purpose of
administering this section and are on file in the office of the municipal zoning
administrator. All plats or maps of annexation shall show the regional flood elevation and
the floodway location.
18.60.040 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
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 and anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads; be constructed with flood- resistant materials; be constructed to minimize flood
damages and to ensure that utility and mechanical equipment is designed and /or located so as
to prevent water from entering or accumulating within the equipment 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 and all
other requirements in s.18.60.090(B). Adequate drainage shall be provided to reduce exposure
to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damages.
A. HYDRAULIC AND HYDROLOGIC ANALYSES
1. No floodplain development shall:
a. Obstruct flow, defined as development which blocks the
conveyance of floodwaters by itself or with other development, causing
any increase in the regional flood height; or
b. Cause any increase in the regional flood height due to
floodplain storage area lost.
2. The zoning administrator shall deny permits if it is determined the
proposed development will obstruct flow or cause any increase in the regional
flood height, based on the officially adopted FIRM or other adopted map, unless
the provisions of s. 18.60.110 Amendments are met.
B. WATERCOURSE ALTERATIONS
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be
issued until the local official has notified in writing all adjacent municipalities, the
Department and FEMA regional offices, and required the applicant to secure all
necessary state and federal permits. The standards of s. 18.60.040(A) must be met and
the flood carrying capacity of any altered or relocated watercourse shall be maintained.
As soon as is practicable, but not later than six months after the date of the watercourse
alteration or relocation and pursuant to s. 18.60.110 Amendments, the community shall
apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be
reviewed and approved by FEMA and the DNR through the LOMC process.
C. CHAPTER 30, 31, WIS. STATS., DEVELOPMENT
Development which requires a permit from the Department, under chs. 30 and 31,
Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids,
may be allowed if the necessary permits are obtained and amendments to the floodplain
zoning ordinance are made according to s. 18.60.110 Amendments.
D. 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 Services;
2. A land use permit for the campground is issued by the zoning administrator;
3. The character of the river system and the campground elevation are 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 Services and all other applicable regulations;
6. Only camping units that are fully licensed, if required, and ready for highway use
are allowed;
7. The camping units shall 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. 18.60.050, 18.60.060, 18.60.070 for
the floodplain district in which the structure is located;
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;
and
12. All service facilities, including but not limited to refuse collection, electrical
service, 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 FLOODWAY DISTRICT (FD)
A. APPLICABILITY
This section applies to all floodway areas on the floodplain zoning maps and those
identified pursuant to s. 18.60.070(D).
B. PERMITTED USES
The following open space uses are allowed in the Floodway District and the floodway
areas of the General Floodplain District, if:
• they are not prohibited by any other ordinance;
• they meet the standards in s. 18.60.050(C) and 18.60.050(D); and
• all permits or certificates have been issued according to s. 18.60.090(A).
1. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture,
viticulture and wild crop harvesting.
2. Nonstructural industrial and commercial uses, such as loading areas, parking
areas and airport landing strips.
3. Nonstructural recreational uses, such as golf courses, tennis courts, archery
ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting, trap and skeet activities,
hunting and fishing areas and hiking and horseback riding trails, subject to the fill
limitations of s. 18.60.050(C)(4).
4. Uses or structures accessory to open space uses, or classified as historic
structures that comply with s. 18.60.050(C) and 18.60.050(D).
5. Extraction of sand, gravel or other materials that comply with s. 18.60.050(C)(4).
6. Functionally water - dependent uses, such as docks, piers or wharves, dams,
flowage areas, culverts, navigational aids and river crossings of transmission
lines, and pipelines that comply with chs. 30 and 31, Stats.
7. Public utilities, streets and bridges that comply with s. 18.60.050(C)(3).
C. STANDARDS FOR DEVELOPMENTS IN THE FLOODWAY
1. GENERAL
a. Any development in the floodway shall comply with s. 18.60.040 and have
a low flood damage potential.
b. Applicants shall provide the following data to determine the effects of the
proposal according to s. 18.60.040(A) and 18.60.090(B)(3):
1. A cross - section elevation view of the proposal, perpendicular to the
watercourse, showing if the proposed development will obstruct
flow; or
2. An analysis calculating the effects of this proposal on regional flood
height.
c. The zoning administrator shall deny the permit application if the project
will cause any increase in the flood elevations upstream or downstream,
based on the data submitted for subd. (b) above.
2. STRUCTURES
Structures accessory to permanent open space uses or functionally dependent
on a waterfront location may be allowed by permit if the structures comply with
the following criteria:
a. Not designed for human habitation, does not have a high flood damage
potential and is constructed to minimize flood damage;
b. Shall have a minimum of two openings on different walls having a total
net area not less than one square inch for every square foot of enclosed
area, and the bottom of all such openings being no higher than one foot
above grade. The openings shall be equipped with screens, louvers, or
other coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
c. Must be anchored to resist flotation, collapse, and lateral movement;
d. Mechanical and utility equipment must be elevated or flood proofed to or
above the flood protection elevation; and
e. It must not obstruct flow of flood waters or cause any increase in flood
levels during the occurrence of the regional flood.
3. PUBLIC UTILITIES, STREETS AND BRIDGES
Public utilities, streets and bridges may be allowed by permit, if:
a. Adequate floodproofing measures are provided to the flood protection
elevation; and
b. Construction meets the development standards of s. 18.60.040(A).
4. FILLS OR DEPOSITION OF MATERIALS
Fills or deposition of materials may be allowed by permit, if:
a. The requirements of s. 18.60.040(A) are met;
b. No material is deposited in navigable waters unless a permit is issued by
the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404
of the Federal Water Pollution Control Act, Amendments of 1972, 33
U.S.C. 1344 has been issued, if applicable, and all other requirements
have been met;
c. The fill or other materials will be protected against erosion by riprap,
vegetative cover, sheet piling or bulkheading; and
d. The fill is not classified as a solid or hazardous material.
D. PROHIBITED USES
All uses not listed as permitted uses in s. 18.60.050(B) 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. Storing materials that are buoyant, flammable, explosive, injurious to property,
water quality, or human, animal, plant, fish or other aquatic life;
3. Uses not in harmony with or detrimental to uses permitted in the adjoining
districts;
4. Any private or public sewage systems, except portable latrines that are removed
prior to flooding and systems associated with recreational areas and Department -
approved campgrounds that meet the applicable provisions of local ordinances
and ch. SPS 383, Wis. Adm. Code;
5. Any public or private wells which are used to obtain potable water, except those
for recreational areas that meet the requirements of local ordinances and chs.
NR 811 and NR 812, Wis. Adm. Code;
6. Any solid or hazardous waste disposal sites;
7. Any wastewater treatment ponds or facilities, except those permitted under s. NR
110.15(3)(b), Wis. Adm. Code; and
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.
18.60.060 FLOODFRINGE DISTRICT (FF)
A. APPLICABILITIY
This section applies to all floodfringe areas shown on the floodplain zoning maps and
those identified pursuant to s. 18.60.070(D).
B. PERMITTED USES
Any structure, land use, or development is allowed in the Floodfringe District if the
standards in s. 4.3 are met, the use is not prohibited by this or any other ordinance or
regulation and all permits or certificates specified in s. 18.60.090 have been issued.
C. STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE
S. 18.60.040(A) shall apply in addition to the following requirements according to the use
requested. Any existing structure in the floodfringe must meet the requirements of s.
18.60.080 Nonconforming Uses;
1. RESIDENTIAL USES
Any structure, including a manufactured home, which is to be newly constructed
or moved into the floodfringe, shall meet or exceed the following standards. Any
existing structure in the floodfringe must meet the requirements of s. 18.60.080
Nonconforming Uses;
a. The elevation of the lowest floor shall be at or above the flood protection
elevation on fill unless the requirements of s. 18.60.060(C)(1)(b) can be
met. The fill shall be one foot or more above the regional flood elevation
extending at least 15 feet beyond the limits of the structure.
b. The basement or crawlway floor may be placed at the regional flood
elevation if it is dry floodproofed to the flood protection elevation. No
basement or crawlway floor is allowed below the regional flood elevation;
c. Contiguous dryland access shall be provided from a structure to and
outside of the floodplain, except as provided in subd. (d).
d. In developments where existing street or sewer line elevations make
compliance with subd. (c) impractical, the municipality may permit new
development and substantial improvements where roads are below the
regional flood elevation, if:
1. The municipality has written assurance from police, fire and
emergency services that rescue and relief will be provided to the
structure(s) by wheeled vehicles during a regional flood event; or
2. The municipality has a DNR- approved emergency evacuation plan.
2. ACCESSORY STRUCTURES OR USES
Accessory structures shall be constructed on fill with the lowest floor at or above
the regional flood elevation.
3. COMMERCIAL USES
Any commercial structure which is erected, altered or moved into the floodfringe
shall meet the requirements of s. 18.60.060(C)(1). Subject to the requirements
of s. 18.60.060(C)(5), storage yards, surface parking lots and other such uses
may be placed at lower elevations if an adequate warning system exists to
protect life and property.
4. MANUFACTURING AND INDUSTRIAL USES
Any manufacturing or industrial structure which is erected, altered or moved into
the floodfringe shall have the lowest floor elevated to or above the flood
protection elevation or meet the floodproofing standards in s. 18.60.100(F).
Subject to the requirements of s. 18.60.060(C)(5), storage yards, surface parking
lots and other such uses may be placed at lower elevations if an adequate
warning system exists to protect life and property.
5. STORAGE OF MATERIALS
Materials that are buoyant, flammable, explosive, or injurious to property, water
quality or human, animal, plant, fish or aquatic life shall be stored at or above the
flood protection elevation or floodproofed in compliance with s. 18.60.100(F).
Adequate measures shall be taken to ensure that such materials will not enter
the water body during flooding.
6. 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 of public utilities, streets and bridges would endanger public
health or safety, or where such facilities are deemed essential,
construction or repair of such facilities shall only be permitted if they are
designed to comply with s. 18.60.100(F).
b. Minor roads or non - essential utilities may be constructed at lower
elevations if they are designed to withstand flood forces to the regional
flood elevation.
7. SEWAGE SYSTEMS
All sewage disposal systems shall be designed to minimize or eliminate
infiltration of flood water into the system, pursuant to s. 18.60.100(F)(3), to the
flood protection elevation and meet the provisions of all local ordinances and ch.
SPS 383, Wis. Adm. Code.
8. WELLS
All wells shall be designed to minimize or eliminate infiltration of flood waters into
the system, pursuant to s. 18.60.100(F)(3), to the flood protection elevation and
shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
9. SOLID WASTE DISPOSAL SITES
Disposal of solid or hazardous waste is prohibited in floodfringe areas.
10. DEPOSITION OF MATERIALS
Any deposited material must meet all the provisions of this ordinance.
11. 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
2. be anchored so they do not float, collapse or move laterally during a
flood
(c) 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 s.
18.60.060(C)(1).
12. 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 s. 18.60.060(C)(11)(b) and (c). 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.
18.60.070 GENERAL FLOODPLAIN DISTRICT (GFP)
A. APPLICABILITY
The provisions for this district shall apply to all floodplains mapped as A, AO or AH
zones.
B. PERMITTED USES
Pursuant to s. 18.60.070(D), it shall be determined whether the proposed use is located
within the floodway or floodfringe.
Those uses permitted in the Floodway s. 18.60.050(B) and Floodfringe s. 18.60.060(B)
Districts are allowed within the General Floodplain District, according to the standards of
s. 18.60.070(C), provided that all permits or certificates required under s. 18.60.090
have been issued.
C. STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT
S. 18.60.050 applies to floodway areas, s. 18.60.060 applies to floodfringe areas. The
rest of this ordinance applies to either district.
1. In AO /AH Zones the structure's lowest floor must meet one of the conditions listed
below whichever is higher:
a. at or above the flood protection elevation; or
b. two (2) feet above the highest adjacent grade around the structure; or
c. the depth as shown on the FIRM
2. In AO /AH zones, provide plans showing adequate drainage paths to guide
floodwaters around structures.
D. DETERMINING FLOODWAY AND FLOODFRINGE LIMITS
Upon receiving an application for development within the general floodplain district, the
zoning administrator shall:
1. Require the applicant to submit two copies of an aerial photograph or a plan which
shows the proposed development with respect to the general floodplain district limits,
stream channel, and existing floodplain developments, along with a legal description
of the property, fill limits and elevations, building floor elevations and flood proofing
measures; and the flood zone as shown on the FIRM.
2. Require the applicant to furnish any of the following information deemed necessary
by the Department to evaluate the effects of the proposal upon flood height and flood
flows, regional flood elevation and to determine floodway boundaries.
a. A Hydrologic and Hydraulic Study as specified in s. 18.60.090(B)(3).
b. Plan (surface view) showing elevations or contours of the ground; pertinent
structure, fill or storage elevations; size, location and layout of all proposed and
existing structures on the site; location and elevations of streets, water supply,
and sanitary facilities; soil types and other pertinent information;
c. Specifications for building construction and materials, floodproofing, filling,
dredging, channel improvement, storage, water supply and sanitary facilities.
18.60.080 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 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.
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 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 ordinance. Contiguous dry land access
must be provided for residential and commercial uses in compliance with
s. 18.60.060(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
paragraph;
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
ordinance. Contiguous dry land access must be provided for residential
and commercial uses in compliance with s. 18.60.060(C)(1).
f. If on a per event basis the total value of the work being done under (d)
and (e) 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 ordinance. Contiguous dry land
access must be provided for residential and commercial uses in
compliance with s. 18.60.060(C)(1).
g. Except as provided in subd. (h), 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 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 s. 18.60.100(F)(2).
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 s.
18.60.070(C)(1).
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 s. 18.60.080(A)(2)(h)(1 a -f).
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 s. 18.60.100(F)(1) or
18.60.100(F)(2).
c. In AO Zones with no elevations specified, shall have the
lowest floor, including basement, meet the standards in s.
18.60.070(C)(1).
3. A nonconforming historic structure may be altered if the alteration will not
preclude the structure's continued designation as a historic structure, the
alteration will comply with s. 18.60.050(C)(1), flood resistant materials are used,
and construction practices and floodproofing methods that comply with s.
18.60.100(F) are used. Repair or rehabilitation of historic structures shall be
exempt from the development standards of s. 18.60.080(A)(1)(h)(1) 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 ordinance
requirements;
b. Meets the requirements of s. 18.60.080(A);
c. Shall not increase the obstruction to flood flows or regional flood
height;
d. Any addition to the existing structure shall be floodproofed,
pursuant to s. 18.60.100(F), 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 flood waters without human intervention. A minimum of two
openings must be provided with a minimum net area of at least
one square inch for every one square foot of the enclosed area.
The lowest part of the opening can be no more than 12 inches
above the adjacent grade;
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 floodproofed 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, s. 18.60.100(F)(3) and ch. SPS 383,
Wis. Adm. Code.
3. No new well or modification to an existing well used to obtain potable
water shall be allowed in the Floodway District. Any replacement, repair or
maintenance of an existing well in the Floodway District shall meet the applicable
requirements of all municipal ordinances, s. 18.60.100(F)(3) and chs. NR 811
and NR 812, Wis. Adm. Code.
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 s. 18.60.060(C) except where s. 18.60.080(C)(2) is
applicable.
2. Where compliance with the provisions of subd. (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 s. 18.60.100, may grant
a variance from those provisions of subd. (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, 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 s. 18.60.060(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, 18.60.100(F)(3) and ch. SPS 383,
Wis. Adm. Code.
4. All new wells, or addition to, replacement, repair or maintenance of a well
shall meet the applicable provisions of this ordinance, s. 18.60.100(F)(3) and ch.
NR 811 and NR 812, Wis. Adm. Code.
18.60.090 ADMINISTRATIVE PROCEDURES
A. ADMINISTRATIVE DUTIES AND POWERS
The building official, with assistance by the City Planner, is authorized to administer this
ordinance and shall have the following duties and powers:
1. Advise applicants of the ordinance provisions, assist in preparing permit
applications and appeals, and assure that the regional flood elevation for the
proposed development is shown on all permit applications.
2. Issue permits and inspect properties for compliance with provisions of this
ordinance and issue certificates of occupancy 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. Floodproofing 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.
f. List of nonconforming structures and uses.
5. Submit copies of the following items to the Department 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 case -by -case analyses and other required information including an
annual summary of floodplain zoning actions taken.
c. Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
6. Investigate, prepare reports, and report violations of this ordinance to the municipal
zoning agency and attorney for prosecution. Copies of the reports shall also be
sent to the Department Regional office.
7. Submit copies of amendments to the FEMA Regional office.
B. SITE PLAN APPLICATION AND BUILDING PERMIT
A site plan application and building 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 building official shall include:
1. GENERAL INFORMATION
a. Name and address of the applicant, property owner and contractor;
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 highwater mark of any abutting navigable
waterways;
c. Location of any structures with distances measured from the lot lines and
street center lines;
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 s. 18.60.050 or 18.60.060 are met; and
Data to determine if the proposed development will cause an obstruction
to flow or an increase in regional flood height or discharge according to s.
18.60.040(A). This may include any of the information noted in s.
18.60.050(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
a. The appropriate method shall be based on
the standards in ch. NR 116.07(3), Wis. Admin. Code,
Hydrologic Analysis: Determination of Regional Flood
Discharge.
2. Hydraulic modeling
The regional flood elevation shall be based on the
standards in ch. NR 116.07(4), Wis. Admin. Code, 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 (dam, bridge, 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.
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 ch. NR
116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
2. Hydraulic model
The regional flood elevation shall be based on the
standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic
Analysis: Determination of Regional Flood Elevation and the
following:
a. Duplicate Effective Model
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. Corrected Effective Model.
The Corrected Effective Model shall not include any man-
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. Existing (Pre- Project Conditions) Model.
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. Revised (Post- Project Conditions) Model.
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.
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.
h. The stream centerline, or profile baseline used to
measure stream distances in the model shall be visible on
the map.
(d) EXPIRATION
All permits issued under the authority of this
ordinance 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 OCCUPANCY AND /OR SITE PLAN APPROVAL
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 site plan is approved and a certificate of occupancy is issued by
the building official, except where no permit is required, subject to the following
provisions:
1. The site plan and certificate of occupancy shall show that the
building or premises or part thereof, and the proposed use, conform to the
provisions of this ordinance;
2. Application for such certificate shall be concurrent with the
application for a permit;
3. If all ordinance provisions are met, the certificate of occupancy
shall be issued within 10 days after written notification that the permitted
work is completed;
4. The applicant shall submit a certification signed by a registered
professional engineer, architect or land surveyor that the fill, lowest floor
and floodproofing elevations are in compliance with the permit issued.
Floodproofing measures also require certification by a registered
professional engineer or architect that the requirements of s. 18.60.100F
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 s. 404 of the
Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
18.60.095 ZONING AGENCY
A. The Division of Building and Development Services shall:
1. oversee the functions of the office of the building official; and
2. review and advise the governing body on all proposed amendments to
this ordinance, maps and text.
B. The Division of Building and Development Services shall not:
1. grant variances to the terms of the ordinance in place of action by the
Board of Appeals; or
2. amend the text or zoning maps in place of official action by the governing
body.
18.60.100 APPEALS /DISPUTES
The Zoning Board of Appeals, created under s. 62.23(7)(e), Wis. Stats., for cities or villages, is
hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board
shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of
business. The building official shall not be the secretary of the Board.
A. POWERS AND DUTIES
The Board of Appeals shall:
1. Appeals - 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 ordinance;
2. Boundary Disputes - Hear and decide disputes concerning the district boundaries
shown on the official floodplain zoning map; and
3. Variances - Hear and decide, upon appeal, variances from the ordinance
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 building official 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. NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES
a. Notice - The board shall:
1. Fix a reasonable time for the hearing;
2. Publish Class 2 notice pursuant to Wisconsin Statutes, specifying
the date, time, place and subject of the hearing; and
3. Assure that notice shall be mailed to the parties in interest and the
Department Regional office at least 10 days in advance of the
hearing.
b. Heating - Any party may appear in person or by agent. The board shall:
1. Resolve boundary disputes according to s. 18.60.100(C);
2. Decide variance applications according to s. 18.60.100(D); and
3. Decide appeals of permit denials according to s. 18.60.100(E).
3. DECISION: The final decision regarding the appeal or variance application shall:
a. Be made within a reasonable time;
b. Be sent to the Department Regional office within 10 days of the decision;
c. Be a written determination signed by the chairman 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 s. 18.60.110 Amendments.
D. VARIANCE
1. The Board may, upon appeal, grant a variance from the standards of this
ordinance if an applicant convincingly demonstrates that:
a. Literal enforcement of the ordinance will cause unnecessary hardship;
b. The hardship is due to adoption of the floodplain ordinance and unique
property conditions, not common to adjacent Tots or premises. In such
case the ordinance 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 ordinance in s.
18.60.020.
1. In addition to the criteria in subd. (1), 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 ordinance.
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 ordinance or map(s)
required in s. 18.60.110 Amendments; and
f. Allow any alteration of an historic structure, including its use, which would
preclude its continued designation as an 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. A copy shall be maintained with the variance record.
E. TO REVIEW APPEALS OF PERMIT DENIALS
1. The Zoning Agency (s. 18.60.095) or Board shall review all data related to
the appeal. This may include:
a. Permit application data listed in s. 18.60.090(B);
b. Floodway /floodfringe determination data in s. 18.60.070(D);
c. Data listed in s. 18.60.050(C)(1)(b) where the applicant has not submitted
this information to the building official; and
d. Other data submitted with the application, or submitted to the Board with
the appeal.
2. For appeals of all denied permits the Board shall:
a. Follow the procedures of s. 18.60.100;
b. Consider zoning agency recommendations; and
c. Either uphold the denial or grant the appeal.
3. For appeals of all denied permits the Board shall:
a. 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 s. 18.60.110 Amendments; and
b. 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.
F. FLOODPROOFING STANDARDS FOR NONCOMFORMING STRUCTURES
OR USES
1. No permit or variance shall be issued for a non - residential structure designed to
be watertight below the regional flood elevation until the applicant submits a plan
certified by a registered professional engineer or architect that the floodproofing
measures will protect the structure or development to the flood protection
elevation and submits a FEMA Floodproofing Certificate.
2. For a structure designed to allow the entry of floodwaters, no permit or variance
shall be issued until the applicant submits a plan either:
a. certified by a registered professional engineer or architect; or
b. meets or exceeds the following standards:
1. a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding;
2. the bottom of all openings shall be no higher than one foot above
grade; and
3. openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
3. Floodproofing measures shall be designed, as appropriate, to:
a. Withstand flood pressures, depths, velocities, uplift and impact forces and
other regional flood factors;
b. Protect structures to the flood protection elevation;
c. Anchor structures to foundations to resist flotation and lateral movement;
d. Minimize or eliminate infiltration of flood waters; and
e. Minimize or eliminate discharges into flood waters.
G. PUBLIC INFORMATION
1. Place marks on structures to show the depth of inundation during the regional
flood.
2. All maps, engineering data and regulations shall be available and widely
distributed.
3. Real estate transfers should show what floodplain district any real property is in.
18.60.110 AMENDMENTS
A. Obstructions or increases may only be permitted if amendments are made to this
ordinance, the official floodplain zoning maps, floodway lines and water surface profiles,
in accordance with s. 18.60.110(A).
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 ordinance, the official floodplain zoning
maps, floodway lines and water surface profiles, in accordance with s.
18.60.110(A). Any such alterations must be reviewed and approved by FEMA
and the DNR.
2. In A Zones increases equal to or greater than 1.0 foot may only be permitted if
the applicant receives a Conditional Letter of Map Revision from FEMA and
amendments are made to this ordinance, the official floodplain maps, floodway
lines, and water surface profiles, in accordance with s. 18.60.110(A).
B. GENERAL
The governing body shall change or supplement the floodplain zoning district boundaries
and this ordinance in the manner outlined in s. 18.60.110(B) 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
18.60.030(B)(1);
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 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; 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
s. 62.23, WIS.Stats. The petitions shall include all data required by ss. 18.60.070(D) and
18.60.090(B). The building permit or other required permit or approval 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 Regional office for review
prior to the hearing. The amendment procedure shall comply with the provisions
of s. 62.23, Wis.Stats.
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.
18.60.120 VIOLATIONS PENALTIES
Any violation of the provisions of this ordinance by any person shall be unlawful and shall be
referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator
shall, upon conviction, forfeit to the municipality a penalty of not less than
$25.00 (twenty -five dollars) and not more than $50.00 (fifty dollars), together with a taxable cost
of such action. Each day of continued violation shall constitute a separate offense. Every
violation of this ordinance is a public nuisance and the creation may be enjoined and the
maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof
pursuant to s. 87.30, WI Stats.
18.60.130 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.
1. 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.
2. AH ZONE — See "AREA OF SHALLOW FLOODING ".
3. AO ZONE — See "AREA OF SHALLOW FLOODING ".
4. 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.
5. 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.
6. 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 percent or greater annual chance of
flooding to an average depth of 1 to 3 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.
7. BASE FLOOD — Means the flood having a one percent chance of being equaled or
exceeded in any given year, as published by FEMA as part of a FIS and depicted on a
FIRM.
8. BASEMENT — Any enclosed area of a building having its floor sub - grade, i.e., below ground
level, on all sides.
9. BUILDING — See STRUCTURE.
10. 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 s. 30.11,
Wis.Stats., and which allows limited filling between this bulkhead line and the original
ordinary highwater mark, except where such filling is prohibited by the floodway provisions
of this ordinance.
11. CAMPGROUND — Any parcel of land 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.
12. 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, or tent that is fully licensed, if required, and ready for highway use.
13. CERTIFICATE OF OCCUPANCY — 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.
14. CHANNEL — A natural or artificial watercourse with definite bed and banks to confine and
conduct normal flow of water.
15. 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.
16. DECK — An unenclosed exterior structure that has no roof or sides, but has a permeable
floor which allows the infiltration of precipitation.
17. DEPARTMENT — The Wisconsin Department of Natural Resources.
18. 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.
19. 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.
20. ENCROACHMENT — Any fill, structure, equipment, use or development in the floodway.
21. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that
administers the National Flood Insurance Program.
22. 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.
23. 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:
• The overflow or rise of inland waters;
• The rapid accumulation or runoff of surface waters from any source;
• The inundation caused by waves or currents of water exceeding anticipated cyclical
levels along the shore of Lake Michigan or Lake Superior; or
• The sudden increase caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature, such
as a seiche, or by some similarly unusual event.
24. 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.
25. FLOODFRINGE — That portion of the floodplain outside of the floodway which is covered by
flood waters during the regional flood and associated with standing water rather than flowing
water.
26. 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.
27. 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.
28. FLOODPLAIN — Land which has been or may be covered by flood water during the regional
flood. It includes the floodway and the floodfringe, and may include other designated
floodplain areas for regulatory purposes.
29. FLOODPLAIN ISLAND — A natural geologic land formation within the floodplain that is
surrounded, but not covered, by floodwater during the regional flood.
30. FLOODPLAIN MANAGEMENT — Policy and procedures to insure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration and
enforcement of floodplain regulations.
31. 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.
32. FLOODPROOFING — 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.
33. FLOOD PROTECTION ELEVATION — An elevation of two feet of freeboard above the water
surface profile elevation designated for the regional flood. (Also see: FREEBOARD.)
34. FLOOD STORAGE — Those floodplain areas where storage of floodwaters has been taken
into account during analysis in reducing the regional flood discharge.
35. FLOODWAY — The channel of a river or stream and those portions of the floodplain
adjoining the channel required to carry the regional flood discharge.
36. 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.
37. HABITABLE STRUCTURE — Any structure or portion thereof used or designed for human
habitation.
38. HEARING NOTICE — Publication or posting meeting the requirements of Ch. 985, Wis.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.
39. 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.
40. HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
41. HISTORIC STRUCTURE — Any structure that is either:
• Listed individually in the National Register of Historic Places or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
• Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
• Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
• Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program, as
determined by the Secretary of the Interior; or by the Secretary of the Interior in states
without approved programs.
42. 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.
43. LAND USE — Any nonstructural use made of unimproved or improved real estate. (Also see
DEVELOPMENT.)
44. LOWEST ADJACENT GRADE — Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
45. 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 CFR 60.3.
46. MAINTENANCE — The act or process of restoring to original soundness, including
redecorating, refinishing, non structural repairs, or the replacement of existing fixtures,
systems or equipment with equivalent fixtures, systems or structures.
47. 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."
48. 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.
49. 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 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.
50. 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.
51. 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."
52. 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.
53. MODEL, DUPLICATE EFFECTIVE — A copy of the hydraulic analysis used in the effective
FIS and referred to as the effective model.
54. MODEL, EFFECTIVE — The hydraulic engineering model that was used to produce the
current effective Flood Insurance Study.
55. MODEL, EXISTING (PRE- PROJECT) — A modification of the Duplicate Effective Model or
Corrected Effective Model to reflect any man 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.
56. 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.
57. MUNICIPALITY or MUNICIPAL — The county, city or village governmental units enacting,
administering and enforcing this zoning ordinance.
58. NAVD or NORTH AMERICAN VERTICAL DATUM — Elevations referenced to mean sea
level datum, 1988 adjustment.
59. NGVD or NATIONAL GEODETIC VERTICAL DATUM — Elevations referenced to mean sea
level datum, 1929 adjustment.
60. 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.
61. NONCONFORMING STRUCTURE — An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this ordinance 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.)
62. NONCONFORMING USE — An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this ordinance for the area of the
floodplain which it occupies. (Such as a residence in the floodway.)
63. 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.
64. OFFICIAL FLOODPLAIN ZONING MAP — That map, adopted and made part of this
ordinance, as described in s. 18.60.030(B), which has been approved by the Department
and FEMA.
65. OPEN SPACE USE — Those uses having a relatively low flood damage potential and not
involving structures.
66. ORDINARY HIGHWATER 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.
67. PERSON — An individual, or group of individuals, corporation, partnership, association,
municipality or state agency.
68. 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.
69. 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.
70. REASONABLY SAFE FROM FLOODING — Means base flood waters 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.
71. 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 one percent chance of being
equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent
to the BFE.
72. 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.
73. STRUCTURE — Any manmade 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.
74. SUBDIVISION — Has the meaning given in s. 236.02(12), Wis. Stats.
75. 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.
76. SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction, rehabilitation, addition or
improvement of a building or structure, the cost of which equals or exceeds 50 percent 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.
77. 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.
78. 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.
79. 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.
80. WATERSHED — The entire region contributing runoff or surface water to a watercourse or
body of water.
81. 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.
82. 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.
ADOPTED: August 10, 2015 Motion by: Tidwell
Second by: Gruber
APPROVED: Councilmember Aye Nay Pass Absent
Bobzien X
.! Deupree X
Mark A. Freitag, City Ma Farrell X
/ Gruber X
ATTEST/ Liebert X
Marklein X
` SLT___
�' • Tidwell X
avid T. Godek, City Clerk- Treasurer
APPROVED AS TO FORM:
l' 2.-. 1-J
m Wellni z Assist it Attorney
y
Proposed by: Planning Services
Prepared by: Planning Services