ORD20081283-CH14-Floodplain
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1283
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 14
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Floodplain Zoning)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 14 of the Municipal Code of the City of Muskego is hereby
repealed and recreated to read as follows:
Ord. #1283
CITY OF MUSKEGO
CHAPTER 14 - FLOODPLAIN ZONING ORDINANCE
1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE
AND GENERAL PROVISIONS. .................................................................................................. 1
1.1 STATUTORY AUTHORIZATION ................................................................................................ 1
1.2 FINDING OF FACT..................................................................................................................... 1
1.3 STATEMENT OF PURPOSE ...................................................................................................... 1
1.4 TITLE ......................................................................................................................................... 1
1.5 GENERAL PROVISIONS............................................................................................................ 2
2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICT ................................ 8
2.1 HYDRAULIC AND HYDROLOGIC ANALYSES ........................................................................... 8
2.2 WATERCOURSE ALTERATIONS .............................................................................................. 9
2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT .................................................................... 9
2.4 PUBLIC OR PRIVATE CAMPGROUNDS ................................................................................... 9
3.0 FLOODWAY DISTRICT (FW) ................................................................................................... 10
3.1 APPLICABILITY........................................................................................................................ 10
3.2 PERMITTED USES .................................................................................................................. 10
3.3 STANDARDS FOR DEVELOPMENTS IN FLOODWAY AREAS ............................................... 11
3.4 PROHIBITED USES ................................................................................................................. 12
4.0 FLOODFRINGE DISTRICT (FF) ............................................................................................... 13
4.1 APPLICABILITY........................................................................................................................ 13
4.2 PERMITTED USES .................................................................................................................. 13
4.3 STANDARDS FOR DEVELOPMENT IN FLOODFRINGE AREAS ............................................ 13
5.0 GENERAL FLOODPLAIN DISTRICT (GFP) ............................................................................. 16
5.1 APPLICABILITY........................................................................................................................ 16
5.2 PERMITTED USES .................................................................................................................. 16
5.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT ................. 16
5.4 DETERMINING FLOODWAY AND FLOODFRINGE LIMITS .................................................... 16
6.0 NONCONFORMING USES ...................................................................................................... 17
6.1 GENERAL ................................................................................................................................ 17
6.2 FLOODWAY AREAS ................................................................................................................ 18
6.3 FLOODFRINGE AREAS ........................................................................................................... 19
7.0 ADMINISTRATION ................................................................................................................... 20
7.1 ZONING ADMINISTRATOR ..................................................................................................... 20
7.2 ZONING AGENCY .................................................................................................................... 23
7.3 BOARD OF ADJUSTMENT/APPEALS ..................................................................................... 24
7.4 TO REVIEW APPEALS OF PERMIT DENIALS ........................................................................ 27
7.5 FLOODPROOFING .................................................................................................................. 27
7.6 PUBLIC INFORMATION ........................................................................................................... 28
8.0 AMENDMENTS ........................................................................................................................ 28
8.1 GENERAL ................................................................................................................................ 28
8.2 PROCEDURES ........................................................................................................................ 29
9.0 ENFORCEMENT AND PENALTIES ......................................................................................... 30
10.0 DEFINITIONS ........................................................................................................................... 30
Formatted
Formatted
Ord. #1283
CITY OF MUSKEGO
CHAPTER 14 - FLOODPLAIN ZONING ORDINANCE
1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE,
TITLE AND GENERAL PROVISIONS.
1.1 STATUTORY AUTHORIZATION
This zoning 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 s. 87.30, Wis. Stats.
1.2 FINDING OF FACT
Uncontrolled development and use of the floodplains, rivers or streams of this
municipality would adversely affect the public health, safety, convenience, general
welfare, and impair the tax base.
1.3 STATEMENT OF PURPOSE
To regulate development in flood hazard areas to protect life, health and property the
governing body does ordain:
The purpose of these rules is to provide a uniform basis for the preparation,
implementation and administration of sound floodplain regulations for all floodplains
within the municipality to:
(1) Protect life, health and property;
(2) Minimize expenditures of public monies for costly flood control projects;
(3) Minimize rescue and relief efforts, generally undertaken at the expense of the
tax paying public;
(4) Minimize business interruptions, which usually result in the loss of local
incomes;
(5) Minimize damage to public facilities on the floodplains such as water mains,
sewer lines, streets and bridges;
(6) Minimize the occurrence of future flood blight areas on floodplains
(7) Prevent increases in regional flood heights that could increase flood damage
and may result in conflicts or litigation between property owners.
(8) Discourage the victimization of unwary land and homebuyers
(9) Discourage development in a floodplain if there is any practicable alternative to
locate the activity, use or structure outside of the floodplain.
1.4 TITLE
Ord. #1283
This ordinance shall be known as the Floodplain Zoning Ordinance for the City of
Muskego, Wisconsin.
1.5 GENERAL PROVISIONS
(1) AREAS TO BE REGULATED
This ordinance regulates all areas that would be covered by the regional flood
or base flood. Note: Base flood elevations are derived from the flood profiles in
the Flood Insurance Study. Regional flood elevations may be derived from
other studies. Areas covered by the base flood are identified as A-Zones on the
Flood Insurance Rate Map.
(2) OFFICIAL MAP & REVISIONS
The boundaries of all floodplain districts are designated as floodplains or
A-Zones on the maps listed below and the revisions in the City of Muskego
Floodplain Appendix. Any change to the base flood elevations (BFE) in the
Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must
be reviewed and approved by the DNR and FEMA before it is effective. No
changes to regional flood elevations (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 Department, City of Muskego. If more than one map
or revision is referenced, the most current approved information shall apply.
OFFICIAL MAPS: Based on FIS
(a) Flood Boundary and Floodway Maps (FBFW) prepared by Federal
Emergency Management Agency (FEMA), panel number 550486, dated
December 1, 1982.Flood Insurance Rate Map (FIRM), panel numbers
55133C0339F, 55133C0342F, 55133C0343F, 55133C0344F,
55133C0361F, 55133C0362F, 55133C0363F, 55133C0364F,
55133C0452F, 55133C0454F, 55133C0456F, 55133C0457F,
55133C0458F, 55133C0459F, 55133C0476F, 55133C0477F, and
55133C0478F dated November 19, 2008; with corresponding profiles
that are based on the Flood Insurance Study (FIS) dated November 19,
2008, volume numbers 55133CV001A-003A;
Approved by: The DNR and FEMA
OFFICIAL MAPS: Based on other studies
In addition thereto;
(a) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, for the area south of the Little
Muskego Lake Dam are those areas designated as floodplain and
floodway along the Muskego Canal on the following map: 100 Year
Floodplain/Floodway Muskego Canal prepared by Ruekert & Mielke, the
City’s consulting engineers.
This map, dated February 1998, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the office of the Clerk-Treasurer. (Ord. #945 - 03-05-98)
Ord. #1283
(b) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, for Lots 5 and 6 of Woodside
Estates on the following two plats of survey prepared by Metropolitan
Engineering, Inc., the Developer's consulting engineers and land
surveyors. These surveys dated January 6, 1993 and January 12, 1993
are the official Floodplain Zoning Map and have been approved by the
Department of Natural Resources, and are on file in the office of the City
Clerk. (Ord. #782 - 03-04-93)
(c) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, are those areas designated as
floodplain districts or A-Zones on the following map: the amended flood
boundary and floodway map, Community Panel Number 550486 0002
prepared by Ruekert & Mielke, the City's consulting engineers.
This map, dated June 22, 1993, with corresponding Floodway Data
Table below is the official Floodplain Zoning Map and has been
approved by the Department of Natural Resources, and is on file in the
office of the City Clerk. (Ord. #803 - 07/22/93)
FLOODWAY DATA TABLE
Section No. Elevation Floodway Width
14.0 805.50 46
13.0 805.55 35
12.0 805.60 26
10.0 806.14 24
8.0 807.17 28
6.0 808.01 27
4.0 809.01 27
4.1 810.19 35
2.0 811.10 9
(d) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, are those areas designated as
floodplain districts or A-Zones on the following map: the amended flood
boundary and floodway map, Community Panel Number 550486 0005
prepared by Metropolitan Engineering.
This map, dated July 8, 1993, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on
file in the office of the City Clerk. (Ord. #805 - 08-05-93)
(eb) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, are those areas designated as
floodplain districts or A-Zones on the following on a map: the amended
flood boundary and floodway map, Community Panel Number 550486
0004 prepared by Pioneer Engineering and Surveying.
This map, dated May 14, 1993, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on
file in the office of the City Clerk. (Ord. #806 - 08-05-93)
(f) The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts for the area north of Woodland
Place on either side of Brookside Drive, 100-year flood elevation 804.6
Ord. #1283
per Ron Prince of SEWRPC, are those areas designated as floodplain
districts or A-Zones on the following map: the amended flood boundary
and floodway map, Community Panel Number 550486-0002 prepared by
Ruekert & Mielke, the City's consulting engineers.
This map, dated September, 1993, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the office of the City Clerk. (Ord. #817 - 10-21-93)
(g) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of Plum
Creek Addition #1, are those areas as designated as floodplain districts
or A-Zones on the following map: the amended flood boundary and
floodway map, Community Panel Number 550468 0004 B prepared by
Pioneer Engineering and Surveying.
This map, dated December 7, 1993, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the office of the City Clerk. (Ord #824 - 01-25-94)
(h) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of Plum
Creek East, are those areas as designated as floodplain districts or A-
Zones on the following map: the amended flood boundary and floodway
map, Community Panel Number 550468 0004 B prepared by Pioneer
Engineering and Surveying.
This map, dated December 7, 1993, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the office of the City Clerk. (Ord. #825 - 01-25-94)
(i) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of Plum
Creek Addition #1 are those areas as designated as floodplain districts
or A-Zones on the following map: the amended flood boundary and
floodway map, Community Panel Number 550486 004 B prepared by
Pioneer Engineering and Surveying. (Ord. #829 - 02-22-94)
This map dated January 10, 1994, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the office of the City Clerk. (Ord. #829 - 02-22-94)
(j) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of Parcel
2175.996 aka W187 S7160 Gold Drive, are those areas as designated
as floodplain districts or A-Zones on the following map: the amended
flood boundary and floodway map, Community Panel Number 550486
0001 B prepared by Metropolitan Engineering, Inc.
This map, dated January 28, 1994, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the Office of the City Clerk. (Ord. #834 - 04-21-94)
(k) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of
Ord. #1283
Candlewood Creek Subdivision, are those areas as designated as
floodplain districts or A-Zones on the following map: the amended flood
boundary and floodway map, Community Panel Number 550486 0002 B
prepared by R. A. Smith.
This map, dated May 14, 1996, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on
file in the Office of the Clerk-Treasurer. (Ord. #883 - 06-06-96)
(l) The boundary of the floodplain district including the floodway, floodfringe and other
floodplain districts for areas within the boundaries of a parcel described as Tax Key #2228.995
are those areas as designated as floodplain districts or A-Zones on the following map: the
amended flood boundary and floodway map, Community Panel Number 550486 0004 B
prepared by Interline Survey Service, Inc.
This map, dated October 27, 1996, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is
on file in the Office of the Clerk-Treasurer. (Ord. #920 - 03-06-96)
(mc) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of a parcel
described as Tax Key Numbers 2174.112, 2174.114, and 2174.178 are
those areas as designated as floodplain districts or A-Zones on the
following on a map: the amended flood boundary and floodway map,
Community Panel Number 550486 0001 B prepared by Ruekert and
Mielke Inc.
The boundary of the floodplain district including the floodway,
floodfringe, and other floodplain districts for the areas excluded from the
boundaries of a parcel described as Tax Key Numbers 2174.195,
2174.109.001 and 2174.945 as those areas designated to be outside of
this floodplain district or A-Zones on the following a Mmap: the amended
flood boundary and floodway map, Community Panel 550486 0001 B
prepared by Ruekert and Mielke Inc.
This map, dated November 14, 2000, and further updated on March 27.
2001, is the official Floodplain Zoning Map and has been approved by
the Department of Natural Resources, and is on file in the Office of the
Clerk-Treasurer. (Ord. #1032 – 11-22-2000)
(3) ESTABLISHMENT OF DISTRICTS
The regional floodplain areas are hereby divided into three districts
defined in s. 10.1 and as follows:
(a) The Floodway District (FW) consists of the channel of a river or
stream and those portions of the floodplain adjoining the channel
required to carry the regional flood waters.
(b) The Floodfringe District (FF) consists of that portion of the
floodplain between the regional flood limits and the floodway.
(c) The General Floodplain District (GFP) consists of all areas which
have been or may be hereafter covered by flood water during the
regional flood. It included both the floodway and floodfringe
districts.
Ord. #1283
(4) LOCATING FLOODPLAIN BOUNDARIES
Where an apparent discrepancy exists between the location of the outermost
boundary of the flood fringe district or general floodplain district shown
on the official floodplain zoning map and actual field conditions, the
location shall be initially determined by the zoning administrator using
the criteria in paragraphs (a) or (b) below. Where the zoning
administrator finds that there is a significant difference between the map
and the actual field conditions, the map shall be amended using the
procedures established in s. 8.0. Disputes between the zoning
administrator and an applicant over the location of the district boundary
line shall be settled according to s. 7.3(3). Discrepancies between
boundaries on the official floodplain zoning map and actual field
conditions shall be resolved using the criteria in paragraphs (a) or (b)
below. If a significant difference exists, the map shall be amended
according to s. 8.0. 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. 7.3(3) and
the criteria in (a) and (b) below.
(a) 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.
(b) Where flood profiles do not exist, the location of the boundary
shall be determined by the map scale, visual on-site inspection
and any information provided by the Department.
Note: Where the flood profiles are based on established base
flood elevations from a FIRM, FEMA must also approve any map
amendment pursuant to s. 8.1 (6).
(5) 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. 8.0.
Note: This procedure does not remove the requirements for the
mandatory purchase of flood insurance. The property owner must
contact FEMA to request a Letter of Map Change (LOMC).
(6) 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.
Ord. #1283
(7) 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 are exempt when s. 30.2022, States.,
applies.
(8) ABROGATION AND GREATER RESTRICTIONS
(a) This ordinance supersedes all the provisions of any municipal
zoning ordinance enacted under s. 59.6997, 59.692 or
59.694971 for counties; s. 62.23 for cities; or s. 61.35 for villages
or s. 87.30, Wis. Stats., which relate to floodplains. except that
where another municipal zoning ordinance, If another ordinance
is more restrictive than than the provisions contained in this
ordinance, that ordinance shall continue in full force and effect to
the extent of the greater restrictions, but not otherwise.
(b) This ordinance is not intended to repeal, abrogate or impair any
existing deed restrictions, convents or easements. However,
where this ordinance imposes greater restrictions, the provisions
of this ordinance shall prevail.
(9) INTERPRETATION
In their interpretation and application, the provisions of this ordinance
shall be held to be minimum requirements liberally construed in favor of
the governing body, and shall not be deemed a limitation on or repeal of
any other powers granted by the Wisconsin Statutes. Where If a
provision of this ordinance, is required by a standard in Cch. NR 116,
Wis. Adm. Code, and where the ordinance provision is unclear, the
provision shall be interpreted in light of the ch. NR 116 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.
(10) WARNING AND DISCLAIMER OF LIABILITY
The flood protection standards in this ordinance are based on
engineering experience and scientific research. Larger floods may occur
or the flood height may be increased by man-made or natural causes.
This ordinance does not imply or guarantee that non-floodplain areas or
permitted floodplain uses will be free from flooding and flood damages.
Nor does this ordinance 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.
(11) 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.
Ord. #1283
(12) ANNEXED AREAS FOR CITIES AND VILLAGES
The Waukesha County floodplain zoning provisions in effect on the date
of annexation shall remain in effect and shall be enforced by the
municipality for all areas annexed by the municipality until the
municipality adopts and enforces an ordinance which meets the
requirements of ch. NR 116, Wis. Adm. Code and the National Flood
Insurance Program (NFIP). These annexed lands are described on the
municipality’s official zoning map. County floodplain zoning provisions
are incorporated by reference for the purpose of administering this
section and are on file in the office of the municipal zoning administrator.
All plats or maps of annexation shall show the regional flood elevation
and the location of the floodway.
(13) GENERAL DEVELOPMENT STANDARDS
The community shall review all permit applications to determine whether
the proposed building sites will be reasonably safe from flooding. If a
proposed building site is in a flood-prone area, all new construction and
substantial improvements shall be designed or modified and adequately
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads; be
constructed with materials resistant to flood damage; be constructed by
methods and practices that minimize flood damages; and be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding. Subdivisions shall be reviewed for
compliance with the above standards. All subdivision proposals
(Including manufactures home parks) shall include regional flood
elevation and floodway data for any development that meets the
subdivision definition of this ordinance.
2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICT
2.1 HYDRAULIC AND HYDROLOGIC ANALYSES
(1) No development, eExcept as allowed provided in par. (23) below, shall be
allowed in floodplain areas which willno floodplain development shall:
(a) Cause an oObstruction to flow, defined in s. 10.1 as any development
which physically blocks the conveyance of floodwaters by itself or with
other development, in conjunction with future similar development
causing an increase inincreasing regional flood height; or
(b) Cause an increase inIncreasing regional flood height due to floodplain
storage area lost, which is equals to or exceedsing 0.01 foot;
(2) The zoning administrator shall deny permits where if it is determined the
proposed development will obstruct cause an obstruction to flow or increase in
regional flood heights of 0.01 foot or more, based on the officially adopted FIRM
or other adopted map, unless the provisions of sub. (3) are met.
Ord. #1283
(3) Obstructions or increases equal to or greater that 0.01 foot may only be
permitted if amendments are made to this ordinance, the official floodplain
zoning maps, including floodway lines and water surface profiles, in accordance
with s. 8.0.
2.2 WATERCOURSE ALTERATIONS
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be
issued until the local official has notified in writing all adjacent municipalities, the
Department and FEMA regional offices and required the applicant to secure all
necessary state and federal permits. The flood carrying capacity of any altered or
relocated watercourse shall be maintained. As soon as is practicable, but not later than
six months after the date of the watercourse alteration or relocation, the zoning
administrator shall notify FEMA of the changes by submitting appropriate technical or
scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM,
risk premium rates and floodplain management regulations as required.
2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT
Development which required a permit from the Department of Natural Resources, under
chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams and
navigational aids may be allowed provided the necessary local permits are obtained
and necessary amendments to the official floodway lines, water surface profiles, BFE's
established in the FIS, or other data from the officially adopted FIRM, or other
floodplain zoning maps or floodplain zoning ordinance, are made according to s. 8.0.
2.4 PUBLIC OR PRIVATE CAMPGROUNDS
Public or private campgrounds shall have a low flood damage potential and shall meet
the following provisions:
(1) The campground is approved by the Department of Health and Family Services.
(2) A land use permit for the campground is issued by the zoning administrator.
(3) The character of the river system and the elevation of the campground is such
that a 72-hour warning of an impending flood can be given to all campground
occupants.
(4) There is an adequate flood warning procedure for the campground that offers the
minimum notice required under this section to all persons in the campground. This
procedure shall include a written agreement between the campground owner, the
municipal emergency government coordinator and the chief law enforcement
official which specifies the flood elevation at which evacuation shall occur,
personnel responsible for monitoring flood elevations, types of warning systems to
be used and the procedures for notifying at-risk parties, and the methods and
personnel responsible for conducting the evacuation.
(5) This agreement shall be for no more than one calendar year, at which time the
agreement shall be reviewed and updated - by the officials identified in sub. (4) -
to remain in compliance with all applicable regulations, including those of the state
department of health and family services and all other applicable regulations.
(6) Only camping units are allowed.
Ord. #1283
(7) The camping units may not occupy any site in the campground for more than 180
consecutive days, at which time the camping unit must be removed from the
floodplain for a minimum of 24 hours.
(8) All camping units that remain on site for more than 30 days shall be issued a
limited authorization by the campground operator, a written copy of which is kept
on file at the campground. Such authorization shall allow placement of a camping
unit for a period not to exceed 180 days and shall ensure compliance with all the
provisions of this section.
(9) The municipality shall monitor the limited authorizations issued by the campground
operator to assure compliance with the terms of this section.
(10) All camping units that remain in place for more than 180 consecutive days must
meet the applicable requirements in either s. 3.0 or s. 4.0 for the floodplain district
in which the structure is located.
(11) The campground shall have signs clearly posted at all entrances warning of the
flood hazard and the procedures for evacuation when a flood warning is issued.
(12) All service facilities, including but not limited to refuse collection, electrical service,
natural gas lines, propane tanks, sewage systems and wells shall be properly
anchored and placed at or floodproofed to the flood protection elevation.
3.0 FLOODWAY DISTRICT (FW)
3.1 APPLICABILITY
The provisions of this section appliesy to all floodway areas mapped as floodway on
the official floodplain zoning maps, and to those portions of the general floodplain
district determined to be floodway according to the procedures in identified pursuant to
s. 5.4.
3.2 PERMITTED USES
The following open space uses are allowed in the floodway district and the floodway
portion of the general floodplain district, providing
- they are not prohibited by any other ordinance;
- they meet the standards in s. 3.3 and 3.4; and
- all permits or certificates have been issued according to s. 7.1:
(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 private and public recreational uses, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish
Ord. #1283
hatcheries, shooting, trap, and skeet activities, hunting and fishing areas, and
hiking and horseback riding trails, subject to fill limitations of s. 3.3(4).
(4) Uses or structures accessory to open space uses, or essential for classified as
historical areas structures, that are not in conflict with the provisions in comply
with ss. 3.3 and 3.4.
(5) Extraction of sand, gravel or other materials according to s. 3.3(4).
(6) Functionally water-dependent uses, such as: docks, piers or wharves, including
those used as part of a marina, and other water related uses such as dams,
flowage areas, culverts, navigational aids and river crossings of transmission
lines, and pipelines, according to chs. 30, and 31, Wis. Stats.
(7) Public utilities, streets and bridges, according to s. 3.3(3).
3.3 STANDARDS FOR DEVELOPMENTS IN FLOODWAY AREAS
(1) GENERAL
(a) Any development in floodway areas shall meet all of the provisions of
comply with s. 2.0; and have a low flood damage potential.
(b) Applicants shall provide the following data for the zoning administrator to
determine the effects of the proposal according to s. 2.1:
1. A cross-section elevation view of the proposal, perpendicular to
the watercourse, indicating whether 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 where it is
determined the project will increase flood elevations upstream or
downstream 0.01 foot or more, based on the data submitted for par. (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) The structure is not designed for human habitation and does not have a
high flood damage potential.
(b) It must be anchored to resist flotation, collapse, and lateral movement;
(c) Mechanical and utility equipment must be elevated or flood proofed to or
above the Regional Flood Elevation; and
(d) It must not obstruct flow of flood waters or cause any increase in flood
levels during the occurrence of the Regional Flood.; and
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(3) PUBLIC UTILITIES, STREETS, AND BRIDGES
Public utilities, streets and bridges may be allowed by permit, provided that:
(a) Adequate floodproofing measures are provided to the flood protection
elevation; and
(b) Construction meets the development standards of s. 2.1.
(4) FILLS OR DEPOSITION OF MATERIALS
Fills or deposition of materials may be allowed by permit, if provided that:
(a) The requirements of s. 2.1 are met;
(b) No material is deposited in the navigable channel 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 the other requirements of this section are met;
(c) The fill or other materials will be protected against erosion by riprap,
vegetative cover, sheet piling or bulkheading; and
(d) The fill is not classified as a solid or hazardous material.
3.4 PROHIBITED USES
All uses not listed as permitted uses in s. 3.2 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. COMM 83, 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;
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(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.
4.0 FLOODFRINGE DISTRICT (FF)
4.1 APPLICABILITY
The provisions of tThis section appliesy to all areas within the flood fringe area district,
as shown on the official floodplain zoning maps, and to those portions of the general
floodplain district that are determined to be in the floodfringe area identified pursuant to
s. 5.4.
4.2 PERMITTED USES
Any structures, land use, or development, including accessory structures and uses, are
is allowed within the floodfringe district and floodfringe portions of the general
floodplain district, provided that the if the standards contained in s. 4.3 are met, that the
use is not prohibited by this or any other ordinance or any other local, state or Federal
regulation and that all permits or certificates specified in s. 7.1 have been issued.
4.3 STANDARDS FOR DEVELOPMENT IN FLOODFRINGE AREAS
All of the provisions of s. S. 2.1 shall apply in addition to the following requirements
according to the use requested.;
(1) RESIDENTIAL USES
Any habitable structure, including a manufactured home, or building used for
human habitation, which is to be erected, constructed, reconstructed, altered, or
moved into the floodfringe area shall meet or exceed the following standards;
(a) The elevation of the lowest floor excluding the basement or crawlway,
shall be at or above the flood protection elevation (which is a point two
feet above the regional flood elevation) on fill. except where par. (b) is
applicable. The fill elevation shall be one foot or more above the
regional flood elevation extending at least 15 feet beyond the limits of
the structure. The Department may authorize other floodproofing
measures if the elevations of where existing streets or sewer lines are at
elevations which makes compliance with the fill standards impractical;
impractical provided the Board of Adjustment/Appeals grants a variance
due to dimensional restrictions.
(b) The basement or crawlway floor may be placed at the regional flood
elevation if providing it is floodproofed to the flood protection elevation.
No permit or variance shall allow any floor, basement or crawlway floor is
allowed below the regional flood elevation;.
(c) Contiguous dry land access, defined in s. 10.1, shall be provided from a
structure or building to land which is outside of the floodplain, except as
provided in par. (d).
(d) In existing developments where existing streets or sewer lines elevations
are at elevations which make compliance with par. (c) impractical, the
municipality may permit new development and substantial improvements
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where access roads are at or below the regional flood elevation,
providedif:
1. The municipality has written assurance from the appropriate local
units of police, fire and emergency services that rescue and relief
will be provided to the structure(s) by wheeled vehicles,
considering the anticipated depth, duration and velocity of the
during a regional flood event; or
2. The municipality has a natural disaster plan approved by
Wisconsin Emergency Management and approved by the
Department.
(2) ACCESSORY STRUCTURES OR USES
(a) Except as provided in par. (b), an accessory structure, which is not
connected to a principal structure may be constructed with its lowest
floor at or above the Regional Flood Elevation.
(b) An accessory structure which is not connected to the principal structure
and which is less than 600 square feet in size and valued at less than
$10,000 may be constructed with its lowest floor no more than two feet
below the regional flood elevation provided that if it is subject to flood
velocities of no more than two feet per second and that it meets all of the
provisions of Sections 3.3 (2) (a), (b), (c) and, (d),,(e),(f),(g) and 4.3 (56)
below.
(3) COMMERCIAL USES: Any commercial structure which is erected, altered or
moved into the floodfringe area shall meet the requirements of s. 4.3(1).
Subject to the requirements of sub. S. 4.3(5) (6), 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 area shall be
protected to the flood protection elevation using fill, levees, floodwalls, or other
flood proofing measures in s. 7.5. Subject to the requirements of s. 4.3(5) sub.
(6), 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. 7.5. 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 of and substantial improvements to such facilities may only
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be permitted if they are floodproofed in compliance with s. 7.5 to the
flood protection elevation;
(b) Minor roads or nonessential utilities may be constructed at lower
elevations if they are designed to withstand flood forces to the regional
flood elevation.
(7) SEWAGE SYSTEMS: All on-site sewage disposal systems shall be
floodproofed, pursuant to s. 7.5, to the flood protection elevation and shall meet
the provisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.
(8) WELLS: All public or private wells shall be floodproofed to the flood protection
elevation, pursuant to s. 7.5, to the flood protection elevation and shall meet the
applicable provisions of chs. NR 1811 and NR 1812, Wis. Adm. Code.
(9) SOLID WASTE DISPOSAL SITES: All public or private Disposal of solid or
hazardous waste disposal sites are is prohibited in floodfringe areas.
(10) DEPOSITION OF MATERIALS: Any materials deposited materials for any
purpose may only be allowed if must meet all the provisions of this ordinance.
are met.
(11) MOBILE HOMES AND 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.
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.
4.3(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. 4.3 (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.
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5.0 GENERAL FLOODPLAIN DISTRICT (GFP)
5.1 APPLICABILITY
The provisions for this district shall apply to all floodplains for which flood profiles are
not available or where flood profiles are available but floodways have not been
delineated. Floodway and floodfringe districts shall be delineated when adequate data
is available.
5.2 PERMITTED USES
Pursuant to s. 5.4, it shall be determined whether the proposed use is located within a
floodway or floodfringe area.
Those uses permitted in floodway (s. 3.2) and floodfringe areas (s. 4.2) are allowed
within the general floodplain district, according to the standards of s. 5.3, provided that
all permits or certificates required under s. 7.1 have been issued.
5.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT
S. 3.0 applies to floodway areas, s. 4.0 applies to floodfringe areas. The rest of this
ordinance applies to either district.
5.4 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;
(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 typical valley cross-section showing the channel of the stream, the
floodplain adjoining each side fof the channel, the cross-sectional area
to be occupied by the proposed development, and all historic high water
information;.
(b) Plan (surface view) showing: elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location and spatial
arrangement of all proposed and existing structures on the site; location
and elevations of streets, water supply, and sanitary facilities; soil types
and other pertinent information;.
(c) Profile showing the slope of the bottom of the channel or flow line of the
stream;.
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(d) Specifications for building construction and materials, flood proofing,
filling, dredging, channel improvement, storage of materials, water
supply and sanitary facilities.
(3) Transmit one copy of the information described in pars. (1) and (2) to the
Department Regional office along with a written request for technical assistance
to establish regional flood elevations and, where applicable, floodway data.
Where the provisions of s. 7.1(2)(c) apply, the applicant shall provide all
required information and computations, to delineate floodway boundaries and
the effects of the project on flood elevations.
6.0 NONCONFORMING USES
6.1 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 building 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 a
nonconforming structure shall be permitted unless they are made in
conformity with the provisions of this comply with this ordinance. for the
area of the floodplain occupied. The wordks “modification” and
“addition” include, but are not limited to, any alteration, addition,
modification, structural repair, rebuilding or replacement of any such
existing use, structure or accessory structure or use. Ordinary
maintenance repairs are not considered an extension, modifications or
additions; these include internal and external painting, decorating,
paneling and the replacement of doors, windows and other nonstructural
components and the maintenance, repair or replacement of existing
private sewage or water supply systems or connections to public utilities.
Ordinary maintenance repairs do not include any costs associated with
the repair of a damaged structure.
The construction of a deck that does not exceed 200 square feet and
that is adjacent to the exterior wall of a principal structure is not an
extension, modification, or addition. The roof of the structure may
extend over a portion of the deck in order to provide safe ingress and
egress to the principal structure.
(ba) 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;
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(cb) 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;
(dc) 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. 4.3(1). The costs of elevating a nonconforming building or a building
with a nonconforming use to the flood protection elevation are excluded
from the 50% provisions of this paragraph;
(ed) 1. Except as provided in subd. 2., 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.
2. For nonconforming buildings that are damaged or destroyed by a
nonflood disaster, the repair or reconstruction of any such
nonconforming building may be permitted in order to restore it after
the nonflood disaster, provided that the nonconforming building will
meet all of the minimum requirements under 44 CFR Part 60, or
under the regulations promulgated thereunder.
(fe) A nonconforming historic structure may be altered if the alteration will not
preclude the structures continued designation as a historic structure, the
alteration will comply with s. 3.3 (1), flood resistant materials are used,
and construction practices and floodproofing methods that comply with s.
7.5 are used.
6.2 FLOODWAY AREAS
(1) No modification or addition shall be allowed to any nonconforming structure or
any structure with a nonconforming use in a floodway area, unless such
modification or addition:
(a) Has been granted a permit or variance which meets the floodway
requirements of this all ordinance requirements; and
(b)(c) Meets the requirements of s. 6.1; and
(c) Will not increase the obstruction to flood flows or regional flood height;,
and
(d) Any addition to the existing structure shall be floodproofed, pursuant to
s. 7.5, by means other than use of fill, to the flood protection elevation;.
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Ord. #1283
(e) If any part of the foundation below the flood protection elevation is
enclosed, the following standards shall apply: The portions of the
structure located below the Regional Flood Elevation must be
constructed of flood –resistant materials.
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 and limited to storage.
(e)It must be designed to allow for the automatic entry of flood waters.
(f)Its use must be limited to parking and/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 a
floodway area. Any replacement, repair or maintenance of an existing on-site
sewage disposal system in a floodway area shall meet the applicable
requirements of all municipal ordinances and ch. COMM 83, Wis. Adm. Code.
(3) No new well or modification to an existing well, used to obtain potable water for
ultimate human consumption, shall be allowed in a floodway area. Any
replacement, repair, or maintenance of an existing well in a floodway area shall
meet the applicable requirements of all municipal ordinances and chs. NR 1811
and NR 1812, Wis. Adm. Code.
6.3 FLOODFRINGE AREAS
(1) No modification or addition shall be allowed to any nonconforming structure or
any structure with a nonconforming use unless such modification or addition has
been granted a permit or variance by the municipality,. and In addition, the
modification or addition shall be placed on fill or floodproofed to the flood
protection elevation in compliance with the standards for that particular use in s.
4.3, except where s. 6.3(2) is applicable.
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(2) Where compliance with the provisions of par. (1) would result in unnecessary
hardship, and only where the structure will not be used for human habitation or
be associated with a high flood damage potential, the Board of
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Adjustment/Appeals, using the procedures established in s. 7.3, may grant a
variance from those provisions of par. (1) for modifications or additions, using
the criteria listed below. Modifications or additions, which are protected to
elevations, lower than the flood protection elevation may be permitted provided:
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(a) No floor is allowed below the regional flood elevation for residential or
commercial structures; and
(b) Human lives are not endangered;
(c) Public facilities, such as water or sewer, will not be installed;
(d) Flood depths will not exceed two feet;
(e) Flood velocities will not exceed two feet per second; and
(f) The structure will not be used for storage of materials described in s.
4.3(6).
(3) If neither the provision of par. (1) nor (2) above can be met, anone addition to a
n existing room in a nonconforming building or a building with a nonconforming
use may be allowed in the floodfringe on a one-time basis only, if the addition:
(a) Meets all other regulations and will be granted by permit or variance;
(b) Does not exceed 60 square feet in area; and
(c) In combination with other previous modifications or additions to the
building, does not equal or exceed 50% of the present equalized
assessed value of the building.
(4) All new private sewage disposal systems, or addition to, replacement, repair or
maintenance of a private sewage disposal system shall meet all the applicable
provisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.
(4)(5) All new wells, or addition to, replacement, repair or maintenance of a well shall
meet the applicable provisions of this ordinance and ch. NR 811 and NR 812,
Wis. Adm. Code.
7.0 ADMINISTRATION
Where a zoning administrator, planning agency or a board of adjustment/appeals has already
been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7),
Stats., these officials shall also administer this ordinance.
7.1 ZONING ADMINISTRATOR
(1) The zoning administrator is hereby authorized to administer the provisions of
this ordinance and shall have the following duties and powers:
(a) Advise applicants of the ordinance provisions, of this ordinance; assist
them in preparing permit applications and appeals, and assure that the
regional flood elevation for the proposed development is shown on all
permit applications.
(b) Issue permits and inspect properties for compliance with provisions of
this ordinance and issue certificates of compliance where appropriate.
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(cbm) Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the structures
has occurred.
(cd) Keep records of all official actions such as:
1. All permits issued, inspections made, and work approved;
2. Documentation of certified lowest floor and regional flood
elevations for floodplain development;
3. Records of water surface profiles, floodplain zoning maps and
ordinances, nonconforming uses and structures including
changes, appeals, variances and amendments.
4. All substantial damage assessment reports for floodplain
structures.
(de) Submit copies of the following items to the Department district office:
1. Within 10 days of the decision, a copy of any decisions on
variances, appeals for map or text interpretations, and map or
text amendments;
2. Copies of any case-by-case analyses, and any other information
required by the Department including an annual summary of the
number and types of floodplain zoning actions taken.
3. Copies of substantial damage assessments performed and all
related correspondence concerning the assessments.
(f) Investigate, prepare reports, and report violations of this ordinance to the
appropriate municipal zoning agency and the municipal attorney for
prosecution. Copies of the violation reports shall also be sent to the
Department District office.
(g) Submit copies of text and map amendments and biennial reports to the
FEMA regional office. of FEMA.
(2) LAND USE PERMIT
A land use permit shall be obtained before any new development or any repair
or change in the use of a building or structure, including sewer and water
facilities, may be initiated. Application to the zoning administrator shall include:
(a) GENERAL INFORMATION
1. Name and address of the applicant, property owner and
contractor - builder;
2. Legal description of the property, type of proposed use, and an
indication as to whether it is new construction or a modification to
an existing structure is involved;
(b) SITE DEVELOPMENT PLAN
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The A site development plan shall be drawn to scale shall be and
submitted with as a part of the permit application form and shall contain
the following information:
1. Location, dimensions, area and elevation of the lot;
2. Location of the ordinary highwater mark of any abutting navigable
waterways;
3. Location of any structures with distances measured from the lot
lines and street center lines of all abutting streets or highways;
4. Location of any existing or proposed on-site sewage systems or
private water supply systems;
5. Location and elevation of existing or future access roads;
6. Location of floodplain and floodway limits on the property as
determined from the official floodplain zoning maps;
7. The elevation of the lowest floor of proposed buildings and any fill
using the vertical datum from the adopted study - either National
Geodetic and Vertical Datum (NGVD) or north American Vertical
Datum (NAVD);.
8. Data sufficient to determine the regional flood elevation in MGVD
or NAVD at the location of the development and to determine
whether or not the requirements of s. 3.0 or 4.0 are met.
9. Data sufficient to determine if the proposed development will
cause either an obstruction to flow or an increase in regional
flood height or discharge according to s. 2.1. This may include
any of the information noted in s. 3.3(1).
(c) DATA REQUIREMENTS TO ANALYZE DEVELOPMENTS
1. The applicant shall provide all survey data and computations
required to show the effects of the project on flood heights,
velocities and floodplain storage, for all subdivisions proposals,
as “subdivision” is defined in s. 236 Stats., and other proposed
developments exceeding 5 acres in area or where the estimated
cost exceeds $125,000. The applicant shall provide:
a. An analysis of the effect of the development on the
regional flood profile, velocity of flow and floodplain
storage capacity;.
b. A map showing location and details of vehicular access to
lands outside the floodplain;. and
c. A surface drainage plan with adequate details showing
how flood damage will be minimized.
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The estimated cost of the proposal shall include all structural
development, landscaping improvements, access and road
development, electrical and plumbing, and similar items
reasonably applied to the overall development costs, but need
not include land costs.
(d) EXPIRATION
All permits issued under the authority of this ordinance shall expire 1
year from the date of issuance.
(3) CERTIFICATE OF COMPLIANCE
No land shall be occupied or used, and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall be occupied,
until a certificate of compliance is issued by the zoning administrator, except
where no permit is required, subject to the following provisions:
(a) The certificate of compliance shall show that the building or premises or
part thereof, and the proposed use, conform to the provisions of this
ordinance;.
(b) Application for such certificate shall be concurrent with the application for
a permit;.
(c) If all ordinance provisions are met, Tthe certificate of compliance shall be
issued within 10 days after written notification that the permitted work is
completeted; of completion of the work specified in the permit, provided
the building or premises or proposed use conforms with all the provisions
of this ordinance.
(d) The applicant shall submit a certification signed by a registered
professional engineer or registered 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 registered architect that floodproofing adequacy
meets the requirements of s. 7.5.
(4) OTHER PERMITS
It is the responsibility of tThe applicant must to secure all other necessary
permits from all appropriate federal, state, and local agencies, including 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. 1334.
7.2 ZONING AGENCY
(1) The City of Muskego Plan commission or planning committee shall:
(a) - ooversee the functions of the office of the zoning administrator and
(b) - review and make recommendations to the Governing body on all
proposed amendments to this ordinance, maps and text.
(2) This zoning agency shall not:
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(a) - grant variances to the terms of the ordinance in place of action by the
Board of Adjustment/Appeals; nor
(b) - amend the text or zoning maps in place of official action by the
Governing body.
7.3 BOARD OF ADJUSTMENT/APPEALS
The Board of Adjustment/Appeals, created under s. 59.694, Stats., for counties or s.
62.23(7)(e), 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 zoning
administrator may not be the secretary of the Board.
(1) POWERS AND DUTIES: The Board of Adjustment/Appeals shall:
(a) Appeals - Hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an
administrative official in the enforcement or administration of this
ordinance.
(b) Boundary Disputes - Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map.
(c) Variances - Hear and decide, upon appeal, variances from the
dimensional standards of this ordinance standards.
(2) APPEALS TO THE BOARD
(a) Appeals to the Board may be taken by any person aggrieved or by any
officer, department, Board or bureau of the municipality affected by any
decision of the zoning administrator or other administrative officer. Such
appeal shall be taken within 30 days as 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 the
papers constituting the record concerning the matter appealed.
(b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES
1. Notice - The Board shall:
a. Fix a reasonable time for the hearing;
b. Publish adequate Class 1 or 2 notice pursuant to
Wisconsin Statutes, specifying the date, time, place and
subject of the hearing;
c. Assure that notice shall be mailed to the parties in interest
and the district office of the Department at least 10 days
in advance of the hearing.
2. Hearing - Any party may appear in person or by agent or
attorney. The Board shall:
Ord. #1283
a. Resolve boundary disputes according to s. 7.3(3);
b. Decide variance applications according to s. 7.3(4);
c. Decide appeals of permit denials according to s. 7.4.
(c) DECISION: The final decision regarding the appeal or variance
application shall:
1. Be made within a reasonable time;
2. Be sent to the district office of the Department within 10 days of
the decision;
3. Be a written determination signed by the chairman or secretary of
the Board;
4. State the specific facts, which are the basis for the Board’s
decision;
5. 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 for a variance;
6. Include the reasons or justifications for granting an appeal, with a
description of describing the hardship or practical difficulty
demonstrated by the applicant in the case of a variance, clearly
stated in the recorded minutes of the Board proceedings.
(3) BOUNDARY DISPUTES
The following procedure shall be used by the Board of Adjustment/Appeals in
hearing disputes concerning floodplain the district boundaries shown on the
official floodplain zoning map;:
(a) Where If a floodplain district boundary is established by approximate or
detailed floodplain studies, the regional flood elevations or profiles sall
prevail in locating the boundary. for the point in question shall be the
governing factor in locating the district boundary. If no regional flood
elevations or profiles are available to the Board, other availableIf none
exist, other evidence may be examined.
(b) In all cases, the person contesting the boundary location of the district
boundary shall be given a reasonable opportunity to present arguments
and technical evidence to the Board of Adjustment/Appeals.
(c) Where it is determined that the district If the boundary is incorrectly
mapped, the Board should inform the zoning committee or the person
contesting the location of the boundary to petition the governing body for
a map amendment according to s. 8.0.
(4) VARIANCE
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(a) The Board of Adjustment/Appeals may, upon appeal, grant a variance
from the dimensional standards of this ordinance if where an applicant
convincingly demonstrates that:
1. Literal enforcement of the ordinance provisions of the ordinance
will result in practical difficulty or cause unnecessary hardship on
the applicant;
2. The hardship is due to adoption of the floodplain ordinance and
special conditions unique property conditions, to the property; not
common to a group of adjacent lots or premises. (iIn such case
the ordinance or map must be amended);
3. Such variance is not contrary to the public interest;
4. Such variance is consistent with the purpose of this ordinance
stated in s. 1.3.
(b) In addition to the criteria in par. (a), to qualify for a variance under FEMA
regulations, the following criteria must be met:
1. The variance may not cause any increase in the regional flood
elevation;
2. Variances can only be granted for lots that are less than one-half
acre and are contiguous to existing structures constructed below
the RFE;
3. Variances shall only be granted upon a showing of good and
sufficient cause, shall be the minimum relief necessary, shall not
cause increased risks to public safety or nuisances, shall not
increase costs for rescue and relief efforts and shall not be
contrary to the purpose of the ordinance.
(c) A variance shall not:
1. Grant, extend or increase any use of property prohibited in the
zoning district.;
2. Be granted for a hardship based solely on an economic gain or
loss.;
3. Be granted for a hardship, which is self-created.;
4. Damage the rights or property values of other persons in the
area.;
5. Permit a lower degree of flood protection in the floodplain that the
flood protection elevation;
6. Allow any floor, basement or crawlway below the regional flood
elevation for residential or commercial structures;
7.5. Allow actions without the amendments to this ordinance or
map(s) required in s. 8.1.
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8.6. Allow any alteration of an historic structure, including its use,
which would preclude its continued designation as an historic
structure.
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(d) When a floodplain variance is granted in a floodplain area the Board
shall notify the applicant in writing that it may increased flood insurance
premiums and risks to life and property. may result. A copy of this
notification shall be maintained with the variance appeal record.
7.4 TO REVIEW APPEALS OF PERMIT DENIALS
(1) The Zoning Agency (s. 7.2) or Board of Adjustment/Appeals shall review all data
related to the appeal. constituting the basis for the appeal of permit denial. This
data may include (where appropriate):
(a) Permit application data listed in s. 7.1(2).;
(b) Floodway/floodfringe determination data in s. 5.4.;
(c) Data listed in s. 3.3(1)(b)2. where the applicant has not submitted this
information to the zoning administrator.
(d) Other data submitted to the zoning administrator with the permit
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. 7.3;
(b) Consider Zoning Agency recommendations; and
(c) Either uphold the denial or grant the appeal.
(3) For appeals concerning increases in regional flood elevation the Board shall:
(a) Uphold the denial where the Board agrees with the data showing an
increase in flood elevation. Increases equal to or greater than 0.01 foot
may only be allowed after amending the flood profile and map and all
appropriate legal arrangements are made with all adversely affected
property owners.
(b) Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase equal to or
greater that 0.01 foot provided no other reasons for denial exist.
7.5 FLOODPROOFING
(1) No permit or variance shall be issued until the applicant submits a plan or
document certified by a registered professional engineer or architect that the
floodproofing measures are adequately designed to protect the structure or
development will protect the structure or development to the flood protection
elevation.
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(2) Where fFloodproofing measures, as defined in s. 10.1 are required, they shall
be designed to:
(a) Withstand the flood pressures, depths, velocities, uplift and impact
forces, and other regional flood; factors associated with the regional
flood;
(b) Assure protection Protect structures to the flood protection elevation;
(c) Provide anchorage of Anchor structures to foundations to resist flotation
and lateral movement; and
(d) Insure that the structural walls and floors are watertight to the flood
protection elevation, and the interior remains completely dry during
flooding, without human intervention.
(3) Floodproofing measures could include:
(a) Reinforcement ofReinforcing walls and floors to resist rupture or collapse
caused by water pressure or floating debris.;
(b) Addingition of mass or weight to structures to prevent flotation.;
(c) Placement of essential utilities above the flood protection elevation.;
(d) Installing sSurface or subsurface drainage systems, including pumping
facilities, to relieve external foundation wall and basement floor
pressures.;
(e) Constructingon of water supply wells, and waste treatment systems to
prevent the entryance of flood waters. into the system;
(e) Putting Ccutoff valves on sewer lines or elimination of gravity flow
basement drains.
7.6 PUBLIC INFORMATION
(1) Where useful, Place marks on structures bridges or buildings or other markers
may be set to show the depth of inundation during the regional flood. at
appropriate locations within the floodplain.
(2) All available information in the form of All maps, engineering data and
regulations shall be readily available and should be widely distributed.
(4) All real estate transfers should show what floodplain zoning districts any real
property is in. legal descriptions of property in the floodplain should include
information relative to the floodplain zoning classification when such property is
transferred.
8.0 AMENDMENTS
8.1 GENERAL
The governing body may change or supplement the boundaries of the floodplain zoning
districts boundaries and the regulations contained in this ordinance in the manner
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provided by law. Actions which require an amendment include, but are not limited to,
the following:
(1) Any change to the official floodplain zoning map, including the floodway line or
boundary of any floodplain area.;
(2) Correction of significant discrepancies between the water surface profiles and
floodplain zoning maps.;
(3) Any fill in the floodplain, which raises the elevation of the filled area to a height
at or above the flood protection elevation and is contiguous to land lying outside
the floodplain.;
(4) Any fill or floodplain encroachment that into the floodplain that will obstructs
flow, causing an increasinge regional flood height of 0.01 foot or more. in
regional flood height;
(5) Any upgrading of floodplain zoning ordinances text required by s. NR 116.05,
Wis. Adm. Code, or otherwise required by law, or for changes by the
municipality.
(6) All channel relocations and changes to the maps to alter floodway lines or to
remove an area from the floodway or the floodfringe that is based on a base
flood elevation from a FIRM requires prior approval by FEMA.
Note: Consult the FEMA web site: www.fema.gov for the map change fee schedule.
8.2 PROCEDURES
Ordinance Aamendments to this ordinance may be made upon petition of any
interested party according to the provisions of s. 62.23, Stats., for cities and villages, or
59.69, Stats., for counties. Such petitions shall include all necessary data required by
ss. 5.4 and 7.1(2)
(1) Copies of any The proposed amendment proposed shall be referred to the
zoning agency, described in s. 7.2, for a public hearing and recommendation to
the governing body. Copies of the proposed The amendment and notice of the
public hearing shall be submitted to the appropriate District Department
Regional office of the Department of Natural Resources for review prior to the
hearing. The amendment procedure shall comply with the provisions of s.
62.23, Stats., for cities and villages of s. 59.69, Stats., for counties.
(2) No amendment to the maps or text of this ordinance shall become effective until
reviewed and approved by the Department.
(3) All persons petitioning for a map amendment which involves an that
obstructsion to flow, causing an increasinge regional flood height of 0.01 foot or
more, in the height of the regional flood shall obtain flooding easements, or
other appropriate legal arrangements, from all adversely affected property
owners and notify local units of government before the amendment can be
approved by the governing body.
(4) When considering amendments to the official floodplain zoning map, For
amendments in areas where no water surface profiles, exist, the zoning agency
or Board shall consider data submitted by the Department, the zoning
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administrator's visual on-site inspections and other available information. (See
s. 1.5(4).)
(5) A fee, as from time to time established by Resolution of the Common Council,
shall be submitted with the petition to defray the cost of giving notice,
investigation, and other administrative processing. (Ord. #812 - 10-7-93)
9.0 ENFORCEMENT AND 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 $1.00 and not more than $200.00, 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, Stats.
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10.0 DEFINITIONS
10.1 Unless specifically defined below, wordks and phrases used in this ordinance shall
have the same meaning as they have at their common law meaning and shall be
applied in accordinace with their common usage. to give this ordinance its most
reasonable application. Wordks 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 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) "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.
3) "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.
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4) "BASEMENT" - Any enclosed area of a building having its floor sub-grade, i.e.,
below ground level, on all sides.
5) "BUILDING" - See STRUCTURE.
6) "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, 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.
7) "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.
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8) "CAMPING UNIT" - Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping trailer, motor
home, bus, van, pick-up truck, tent or other mobile recreational vehicle.
9) "CERTIFICATE OF COMPLIANCE" - A certification that the construction and the
use of land or a building, the elevation of fill or the lowest floor of a structure is
in compliance with all of the provisions of this ordinance.
10) "CHANNEL" – A natural or artificial watercourse with definite bed and banks to
confine and conduct normal flow of water.
11) "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.
12) “DECK” – An unenclosed exterior structure that has no roof or sides, but has a
permeable floor, which allows the infiltration of precipitation.
13) "DEPARTMENT" - The Wisconsin Department of Natural Resources.
14) "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.
15) "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.
16) "ENCROACHMENT" - Any fill, structure, equipment, building, use or
development in the floodway.
17) "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" - A parcel of
land, divided into two or more manufactured home lots for rent or sale, on which
the construction of facilities for servicing the lots is completed before the
effective date of this ordinance. At a minimum, this would include the
installation of utilities, the construction of streets and either final site grading or
the pouring of concrete pads
18) "EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK" - The
preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed. This includes
installation of utilities, construction of streets and either final site grading, or the
pouring if concrete pads.
19) "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal
agency that administers the National Flood Insurance Program.
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20) "FLOOD INSURANCE RATE MAP" (FIRM) - A map of a community on which
the Federal Insurance Administration has delineated both special flood hazard
areas (the floodplain) and the risk premium zones applicable to the community.
This map can only be amended by the Federal Emergency Management
Agency.
21) "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.
22) "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.
23) "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.
24) "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.
25) "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.
26) "FLOODPLAIN" - Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe, and may include
other designated floodplain areas for regulatory purposes.
27) "FLOODPLAIN ISLAND" - A natural geologic land formation within the floodplain
that is surrounded, but not covered, by floodwater during the regional flood.
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28) "FLOODPLAIN MANAGEMENT" - Policy and procedures to insure wise use of
floodplains, including mapping and engineering, mitigation, education, and
administration and enforcement of floodplain regulations.
29) "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.
30) "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.
31) "FLOOD PROTECTION ELEVATION" - An elevation of two feet of freeboard
above the water surface profile elevation designated for the regional flood.
(Also see: FREEBOARD.)
32) "FLOOD STORAGE" - Those floodplain areas where storage of floodwaters has
been taken into account during analysis in reducing the regional flood
discharge.
33) "FLOODWAY" - The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood discharge.
34) "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.
35) "HABITABLE STRUCTURE" - Any structure or portion thereof used or designed
for human habitation.
36) "HEARING NOTICE" - Publication or posting meeting the requirements of Ch.
985, Stats. For appeals, a Class 1 notice, published once at least one week (7
days) before the hearing, is required. For all zoning ordinances and
amendments, a Class 2 notice, published twice, once each week consecutively,
the last at least a week (7 days) before the hearing. Local ordinances or bylaws
may require additional notice, exceeding these minimums.
37) "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.
38) "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,
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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.
39) "INCREASE IN REGIONAL FLOOD HEIGHT" - A calculated upward rise in the
regional flood elevation, equal to or greater than 0.01 foot, based on a
comparison of existing conditions and proposed conditions which is directly
attributable to development in the floodplain but not attributable to manipulation
of mathematical variables such as roughness factors, expansion and
contraction coefficients and discharge.
40) "LAND USE" - Any nonstructural use made of unimproved or improved real
estate. (Also see DEVELOPMENT.)
41) "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."
42) "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."
43) “MUNICIPALITY" or "MUNICIPAL" - The county, city or village governmental
units enacting, administering and enforcing this zoning ordinance.
44) “NAVD” or “NORTH AMERICAN VERTICAL DATUM” – Elevations referenced to
mean sea level datum, 1988 adjustment.
44)45) "NGVD" or "NATIONAL GEODETIC VERTICAL DATUM" - Elevations
referenced to mean sea level datum, 1929 adjustment.
45)46) "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.
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46)47) "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
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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.)
47)48) "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.)
48)49) "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.
49)50) "OFFICIAL FLOODPLAIN ZONING MAP" - That map, adopted and made part of
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this ordinance, as described in s. 1.5(2), which has been approved by the
Department and FEMA.
50)51) "OPEN SPACE USE" - Those uses having a relatively low flood damage
potential and not involving structures.
51)52) "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
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characteristic.
52)53) "PERSON" - An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
53)54) "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
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approved by the Department of Commerce, including a substitute for the septic
tank or soil absorption field, a holding tank, a system serving more than one
structure or a system located on a different parcel than the structure.
54)55) "PUBLIC UTILITIES" - Those utilities using underground or overhead
transmission lines such as electric, telephone and telegraph, and distribution
and collection systems such as water, sanitary sewer and storm sewer.
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55)56) "REASONABLY SAFE FROM FLOODING" - Means base flood waters will not
inundate the land or damage structures to be removed from the special flood
hazard area and that any subsurface waters related to the base flood will not
damage existing or proposed buildings.
56)57) "REGIONAL FLOOD" - A flood determined to be representative of large floods
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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.
57)58) "START OF CONSTRUCTION" - The date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation,
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Ord. #1283
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.
58)59) "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.
59)60) "SUBDIVISION" - Has the meaning given in s. 236.02(12), Wis. Stats.
60)61) "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.
61)62) "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.
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62)63) "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.
63)64) "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.
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64)65) "WATERSHED" - The entire region contributing runoff or surface water to a
watercourse or body of water.
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65)66) "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.
66)67) "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.
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Ord. #1283
SECTION 2: A Public Hearing was held regarding the proposed amendments on
October 14, 2008 in front of the Common Council.
SECTION 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinances whose terms are in conflict
with the provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 28TH DAY OF OCTOBER , 2008.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
First reading: 10/14/2008
ATTEST:
_________________________
Clerk-Treasurer Cover Ordinance Published
November 6, 2008
10/08at
This is to certify that this is a true and accurate copy of Ordinance #1283, which was adopted
by the Muskego Common Council on October 28, 2008.
___________________________________
Janice Moyer, City Clerk-Treasurer