ORD19773300RDINA.NCE #330
AN ORDINANCE TO CREATE CHAPTER 14
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Muskego Flood Plain Ordinance)
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, Wisconsin, is hereby created. "
Plain Ordinance, City of Muskego, Waukesha County" and adopted
as the Flood Plain Ordinance of the City of Muskego and made a part
of the Municipal Code of the City, to-wit Chapter 14 thereof.
SECTION 2: Chapter 14 of the Municipal Code entitled "Flood
Office of the City Clerk and open to public inspection for not
less than two weeks prior to the date of this ordinance and said
City. Text is available and will become effective on July 22, 1977.
SECTION 3 A copy of said ordinance has been on file in the
e ordinance is hereby incorporated into the Municipal Code of the
SECTION 4 All ordinance or parts of ordinances inconsistent
with or contravening this ordinance are hereby repealed.
SECTION 5: This ordinance shall be in 1 force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS 1 A DAY OF
ATTEST
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FLOOD PLAlfl ORDINANCE
TABLE OF CONTENTS
1.0 STATUTORY AUTHORIZATION . FINDING OF FACT. STATEMENT OF PURPOSE AND TITLE ....... 1
1.1 Statutory Authorization .......................... 1
1 . 2 Finding of Fact ................................. 1
1.3 Statement of Purpose ............................. 1
1.4 Title .................................... 1
2.. 0 GENERAL PROVISIONS ............................... 1 2.1 Areas to be Regulated .............................. 1
2.. 2 District Boundaries ............................... 2
2.. 3 Effect of Flood Plain District . Regulations ........ ......... 2
2.4 Compliance ........................ ........ 2 2.5 Abrogation and Greater Restrictions .................... 2
2. 6 Interpretation ............................. 2 2.7 Warning and Disclaimer of Liability ..................... 2
2,.8 Severability ................................ 2
2 9 Special Provisions Applicable to All Flood Plain Districts ........... 2
3.0 REGIONAL FLOODWAY DISTRICT (FU) .......................... 3
3.1 Applicability ............................... 3
3.2 Description of District .......................... 3
..............................
3.4 Standards for Development in Floodwzy Areas ; 4
3.3 PermittedUses 3
4.0 REGIONAL FLOOD FRINGE DISTRICT (FF) ....................... 4 4.1 Applicability ................................. 4
4.2 Oescriotion of District ............................. 5
.. ................
4.3 Permitted Uses 5
.. ~ ................................. 4.4 Standards for Development in Flood Fringe Areas ................. 5
5.1 Applicability ................................. 5
5.2 Description of District ........................... 6
5.3 Permitted Uses .............................. 6
6.,0 NONCONFORMING USES ................................. 6
5.0 GENERAL FLOOD PLAIN DISTRICT (GFP)
" .
5,.4 Standards'for Development in the General Flood Plain District ......... 6
6.1 General .................................... 6
6.2 Floodway Areas 6
6.3 Flood Fringe Areas 7
7. 0 AOMINISTRATIDN ......................... ......
7 1 Zoning Administrator 7
7
7.2 Zoning Agency 8
7.4 Procedures for Determining Floodway and Flood Fringe Limits. 10
7 3 Board of AdjustmentlAppeals 9
................................. ............................... 1
............................. ................................. .......................... !
i J 5 Flood Proofing 10
8. 1 General ............................... 11
9.0 ENFORCEMENT AND PENALTIES ........................... 11
. .......... ...............................
8.0 AMENDMENTS ................................. 11
11 8.,2 Amendment Procedure ............................
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10.0 DEFINITIONS ......................... 12
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FLOOD P-AIN ORDINANCE
FOR Mus!tego, .WISCONSIN
SECTION 1.0 STATUTORY AUTHORIZATION. FINDIIIG OF FACT, STATEMENT OF PURPOSE AND TITLE
1.1 STATUTORY AUTHORIZATION: This Ordinance for flood plain protection is adopted pursuant to
the authorization contained in Secti0n.s 62,23 and 59.97. and 87.30 of the WISCONSIN STATUTES.
1,.2 FI DING OF FACTI, The uncontrolled use of the flood plains, rivers or streams of the City o? Muskeqo , Wisconsin ildversely affects the. DubliC health, safety, convenience
arid general welfare and impalrs the tax ba!;e of that city
preparation, implementation and administration of sound flood plain regulations for all Muskeqo 1.3 STATEMENT OF PURPOSE: The purposl? of these rules is to provide a uniform basis for the
flood plains to:
1.31 Protect life, health and property;
1.32 Minimize expenditures of public monies for costly flood control projects;
1.33 Minimize rescue and relief efforts, generally undertaken at the expense of the general
public;
1.34 Minimize business interruptions;
1.35 Minimize damage to public facilities on the flood plains such as water mains, sewer lines,
streets and bridges;
1.36 Minimize the occurrence of future flood blight areas on flood plains; and
1.37 Discourage the victimization of tlnwary land and home buyers.
1.4 TITLE: Muskego Flood Plain Ordinance. -
SECTION 2.0 GENERAL PROVISIONS
2.1 AREAS TO BE REGULAEO:. Areas rewlated by,this Ordinance include all lands, within the
corporate limits of the, C I ty Of Muskego Wisconsin, that would be inundated by
the "regional flood" defined inlthe DEFINITIONS, Sectidn 10.1 (30) of this Ordinance.
2.2 DISTRICT BOUNDARIES: The boundaries of the flood plain districts and where shown, the "
or Flood Insurance Study Map reflecting prcfiles contained in the Flood Insurance study
floodway districts, shall be those areas dEsignated as the A Zones on the Flood Hazard Boundary Map,
for Muskeqo. 8/6/76 , prepared by the U.S. Department of Housing and Urban Development.
ordinance are hereby divided into three dirtricts: the Floodway District (FW), Flood Fringe
2.21 Establishment of Districts: The flood plain areas within the jurisdiction of this
District (FF). and General Flood Plain District (GFP), defined as follows:
(a) The Floodway District consists of the channel of a stream and those portions of the flood
plain adjoining the channel that are required to carry and discharge the flood waters or
flood flows of any river or stream associated with the regional flood. -
(b) The Flood Fringe District c0nsist.s of that portion of the flood plain between the regional
flood limits and the floodway area.
(c) The General Flood Plain District consists of the land which has been or may be hereafter
covered by flood water during the regional flood and encompasses both the Floodway and
Flood Fringe Districts.
Within these districts, all uses not listed as PERMITTED USES shall be prohibited.
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2.22 The flood plain boundary lines on the map shall be determined by the use of the scale
appearing on the map. Where there is a conflict between the flood plain boundary illustrated on
the map and actual field conditions. the disl~ute shall be settled according to Section 7.33. PAPPING
OISPUlES of this Ordinance. .
lands from the flood plain district unless; :;uch lands are filled to a height of at least two feet
2.23 Compliance with the provisions of ':his Ordinance shall not be grounds for the removal of
above the elevation of the "regional flood" .'or the particular area and are contiguous to,other
lands lying outside the flood plain district:, approval has been granted by the Department of Natural
Resources pursuant to section 8 of this Ordinance. and, where required, an "official letter of map
amendment" has been issued by the Federal Inwrance Administration of HUD.
for flood plain, flood fringe and floodway districts shall apply to all flood plains, flood fringes
and floodways mapped on the "official flood plain zoning map" (See definition (27)).
2.3 EFFECT OF FLOOD PLAIN DISTRICT REGULATIONS: The regulations set forth in this 0rdin.ance
2.4 COMPLIANCE: No new use or change irl use of any structure, land or water shall be located,
extended, converted or structurally altered i.nd no development as defined in this ordinance shall
commence without full compliance with the terms of this Ordinance and other applicable regulations.
2.5 ABROGATION AN0 GREATER RESTRICTIONS:
However, any underlying zoning shall remain in full force and effect to the extent that its provisions
2.51 This Ordinance supersedes provisiors of any zoning ordinance relating to flood plains.
are mre restrictive.
2.52 It is not otherwise intended by this Ordinance to repeal, abrogate, or impair any existing
deed restrictions; however, where this Ordinance imposes greater restrictions the provisions of this
Ordinance shall prevail.
2.6 INTERPRETATION: In their interpretation and application. the provisions of this Ordinance
shall be held to be minimum requirements and shall be liberally construed in favor of the governing
body and shall not be deemed a limitation or repeal of any other powers granted by WISCONSIN STATUTES. -
by this Ordinance is considered reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions or the flood height may be
increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.
This Ordinance does not imply that areas outside flood plain zoning district boundaries or land uses
permitted within such districts will always be totally free from flooding or flood damages. nor
shall this Ordinance create a liability on the part of or a cause of action against the
tnar may result irom reliance on th-is-ordinrnce.
2.7 UARNING AN0 DISCLAIMER OF LIABILITY: The degree of flood protection intended to be provided
City of Muskeqo cr any officer or employe thereof for any flood damage" .
2,.8 SEVERABILITY: If any section, clause, provision or portion of this Ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance
shall not be affected thereby.
2.9 SPECIAL PROVISIONS APPLICABLE TO ALL FLOOD PLAlN DISTRICTS
2 91 No developments shall be allowed in floodway areas which. acting alone or in combination with
existing or future similar uses, cause an increase equal to or greater than 0.1 foot in height of
or any other drainage facilities. Said increase shall be calculated using an equal degree of hydraulic
the regional flood for any main stem, tributaries to the main stem of any stream, drainage ditches,
encroachment from the hydroulic floodway lines for a hydralic reach on both sides of a river or stream.
ordinance. the official floodway lines. water surface profile and flood plain zoning maps pursuant to
Increases equal to or greater than 0.1 foot may be permitted, but only if amendments are made to this
Section 8.0 of this ordinance; provided further that the total cumulative allowable increase in
height of the regional flood for any given hydraulic reach of a stream shall not exceed one foot.
flood plains. based upon an equal degree of hydrologic encroachment (volume of the storage area which
2.92 No developments in flood fringe areas shall materially affect the storage capacity of
of the regional flood which causes a rise in the water surface profile of 0.1 foot. Such developments
is lost). For the purpose of this subsection, "materially" is defined as any increase in discharge
may be permitted only if amendments are made to this ordinance pursuant to Section 8.0 herein; provided
reach of a stream shall not exceed one foot.
further that the total cumulative allowable increase in height of the regional flood for any given
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Zones shall file adequate evacuation plans indicating vehicular access and escape routes, including mblle
adequate surface drainage to minimize flood damage.
home hauler routes, with the appropriate disaster preparedness authorities, and shall provide for
2.93 Owners or operators of all mbile home parks and mobile home subdivisions located in A
placed on a site located in an A Zone on 3 community's Official Flood Plain Zoning Map shall be
placed to prevent the flotation, collapse. or lateral mvment of the structure due to flooding.
Such mobile homes shall be anchored accor.jing to the following specifications: (I) over-the-top ties
at intermediate locations and mobile home; less than fifty (50) feet long shall require one additional
shall be provided at each Of the four cor.iers of the mobile home, with two additional ties per side
tie per side; (11) frame ties shall be prtlvided at each corner of the mobile home with five (5) additional
ties per side at intermediate points and mobile homes less than fifty (50) feet long shall require four
(4) additional ties per side; (Ill) all components of the anchoring system shall be capable of carrying
four thousand e'ight hundred (4,800) pound:;; and (IV) any additions to the mobile home shall be similarly
anchored.
2.94 Mobile home replacement in existing parks or subdivisions. All mobile homes to be
2.95 All subdivision proposals and o;lher proposed new developments greater than 50 lots or 5
acres, whichever is the lesser, shall inc'lude within such proposals regional flood elevation data,
and the means to provide adequate surface drainage and to minimize flood damage. Where the estimated
cost of such development exceeds $75.000, and for all subdivision proposals the applicant shall provide
all necessary computations to show the ef;'ects of the proposal(s) on flood heights, velocities and
flood plain storage. The provisions of S#?ction 7.4 shall apply hereto.
2.96 Utility facilities such as: dams. flowage areas, transmission lines, pipelines, and water
monitoring devices are permitted subject 1.0 regulations pursuant to Chapter 30, WISCONSIN STATUTES,
and applicable federal regulations.
devices are permitted, provided that prior to any alteration or relocation of a watersource the
Resources and the Federal Insurance Administration. and require the applicant to secure necessary
(TITLE OF OFFICIAL, OFFICE OR AGENCY) shall notify adjacent communities, the Department of Natural
2.97 Navigational and Drainage Aids r:uch as: Channels, channel markers, buoys, and other such
permits. The flood carrying capacity wittlin the altered or relocated'portion of any watercoursc
shall be maintained.
crossings of transmission lines are permitted subject to any pier or dockline regulations, or any
2.98 Other water related uses such a5 docks. piers. wharves, bridges, culverts, and river
other regulations that are required pursuant to Chapter 30, WISCONSIN STATUTES, and applicable federal
regulations.
SECTION 3.0 REGIONAL FLOODWAY DISTRICT (Fh)
Floodway District, as shown on the official flood plain zoning maps, and to the floodway portion
of the General Flood Plain District, as determined pursuant to 7.4 of this Ordinance.
3.1 APPLICABILITY: The provisions of this section shall apply to a11 areas within the Regie
3.2 DESCRIPTION OF DISTRICT: The Regional Floodway District shall include mapped floodway areas
limits, which are based on the Flood Hazard Boundary maps or Flood Insurance Study maps prepared by
so designated on the official flood plain zoning map (see definition (27)) showing the regional flood
Department of Housinq and Urban Development.. - - ,. ..
obstructing flood flows, shall be permitted within the Floodway District, and in the floodway portion
of the General Floodplain District provided that they are not prohibited by any other ordinance, and
provided further that they meet all of the standards contained in Section 3.4,.and a Land Use Permit
has been issued by the Zoning Administrator.
3,,3 PERMITTED USES: The following open space uses having a low flood damage potential and not
3.31 Agricultural uses, such as' general farming, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop
harvesting.
airport landing strips.
3.32 Nonstructural. industrial, commercial uses, such as: loading areas, parking areas,
ranges. archery ranges, picnic grounds. boat launching ramps. swimning areas, parks. wildlife and
nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, hiking and horseback riding trails.
3,,33 Private and public recreational uses, such as: golf courses, tennis courts, driving
. .I .d.
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3.34 Uses or structures accessory to open space uses.
3.35 Extraction of sand, gravel and/or other materials.
3.36 F,arinas. boat rentals, docks, piers, wharves.
3.37 Railroads, streets, bridges, pipelines and other water related uses, such as culverts
and river crossings of transmission lines an14 any uses subject to regulations pursuant to
Chapter 30. Wisconsin Stats. .
3.4 STANDARDS FOR DEVELOPMENTS IN FLODDIdAY AREAS
. 3.41 All of the provisions of Section 2,9 shall apply hereto.
the structures:
3.42 Structures which are accessory to permitted open space uses may be permitted, providing
(a) Are not designed for human habitation;
(b) Have a low flood damage potential;
(c) Are to be constructed and placed or, the building site so as to offer minimum
obstruction to the flow of flood waters. Whenever possible, structures will be
constructed with the longitudinal axis parallel to the direction of flow of
flood waters, and will be placed with their longitudinal axes approximately on the
same line as those of adjoining structures;
(d) Are firmly anchored to prevent them from floating away and restricting bridge
openings or other restricted sections of the stream or river; and
(e) Have all service facilities. such as electrical and heating equipment at or
above the flood protection elevation for the particular area.
3.43 Uses permitted by the Department of Natural Resources pursuant to Chapters 30 and 31,
Cit of Muskeqo to the official floodway lines. water surface profiles, flood
+is. Stats.. provided that the necessary permits are obtained and amendments approved by the
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plain zoxing maps aIIy tlood plain zoning ordinance.
3.44 Public utilities. streets and bridgs provided that:
(a) Adequate flood proofing measures ars? provided to the flood protection elevation;
(b) Construction shall not cause any increase of 0.1 foot or greater in the height of the "- :
regional flood, except that reasonal~le increases up to 1.0 foot may be approved if the
amendment procedures and all. conditions of Section 8.2 are met; and
(c) The city of- Muskeqo amends its water surface profiles, flood plain zoning mapT-andfloodplain zoning ordinances to reflect any changes resulting
from such construction.
.3.45 Fills or deposition of materials ma? be, permitted provided that:
(a) The provisions of Section 2.91 are met;
(b) Fill or deposition of materials doer: not encroach on the channel area between the
ordinary high water mark on each bank of the stream unless a permit has been granted
by the Department of Natural Resources pursuant to Chapter 30, Wis. Stats.. and a
permit pursuant to Section 404 of the Federal k'ater Pollution Control Act, Amendments
of 1972, 33 U.S.C. 1334 has been iswed, if applicable, and the other requirements
of this Section are met; and
(c) The fill or other materials will 'be protected against erosion by riprap, vegetative
cover, sheet piling and/or bulkheading sufficient to prevent erosion,and leachate.
SECTION 4.0 REGIONAL FLOOD FRINGE DISTRICT (Ff)
4.1 APPLICABILITY: The provisions of this Section shall apply to all areas within the Regional
Flood Fringe District. as shown on the official flood plain zoning maps. and to those portions of
the General Flood Plain District that are determined to be in the flood fringe area pursuant to
. Section 7.4 of this Ordinance.
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4.2 DESCRIPTION OF DISTRICT: The regha1 flood fringe district shall include the A Zones so
designated on the official flood plain zoning map showing the regional flood limits, which are based
on the Flood Hazard Boundary maps or Flood Insurance Study maps prepared by Department of Housing and
Urban Development-
e 4.3 PERMITTED USES: The following use'; shall be permitted uses within the Flood Fringe District
ar:c; flood fringe portions of the General Flood Plain District.
4.31 Any structures, land use. or development may be permitted to the extent that they are not
prohibited by this or any other Ordinance 01' any other Federal, State or local regulations and provided that a
land use permit has been issued by the Zoning Administrator.
4.4 STANDARDS FOR DEVELOPMENT IN FLOOD FRINGE AREAS.
4.41 All of the provisions of Section i1.9 shall apply hereto.
4.42 RESIDENTIAL: All residential structures shall meet the following standards:
(a) The first floor of a structure to be erected, constructed, reconstructed, or moved
on the flood plain shall be constructed on fill at or above the flood protection elevation
for the particular area. The fill shall be not less than one foot below the flood protection
elevation for the particular area and the fill shall extend at such elevation at least
15 feet beyond the limits of any 5tructure or building erected thereon.
(b) The basement floor shall be at or above the regional flood elevation, unless a
comnunitywide exemption allowing flood proofing of basements has been granted by the
Federal Insurance Administration cf the Department of Housing and Urban Development (HUO).
4,.43 COMMERCIAL: In commercial areas, any structure or building which is to be erected,
constructed, reconstructed, added to or moved into the flood fringe area shall meet the requirements
of Section 4.42(a) and (b) above. Certain yards, parking lots and other accessory land uses may be
at lower elevations. However, no such area in general use by the public shall be inundated to a - depth greater than two feet or subjected to flood velocities greater than four feet per second - - upon the occurrence of the regional flood.
4.44 MANUFACTURING AND INDUSTRIAL. Manufacturing and industrial buildings, structures
and accessory uses shall be elevated or floodproofed, in accordance with Section 7.5, to two
feet above the regional flood elevation. Measures shall be taken to minimize interference with ,
normal plant operations especially for streams having protracted flood durations. .Certain accessory
land uses such as yards and parking lots may be at lower elevations subject to requirements set out
in Section 4.43.
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4.45 The storage or processing of materials that are buoyant, flamnable, explosive, or which in
times of flooding, could be injurious to human, animal, or plant life, shall be at or above the
flood protection elevation for the particular area or flood proofed in compliance with Section
7.5 of this Ordinance.
I 4.46 UTILITIES: Construction and substantial improvements to utilities may be permitted 1 provided that they are flood proofed to the flood protection elevation pursuant to Section 7.5.
protection elevation pursuant to Section 7 5 and shall meet the applicable provisions of local
zoning ordinances and Wis. Admin. Code H 62.20.
4.47 SEWAGE SYSTEMS: All on-site sewage disposal systems shall be flood proofed to the flood
4.48 WELLS: All wells, whether public or private, shall be flood proofed to the flood
protection elevation pursuant to Section 7 5 and shall meet the applicable provisions of Chapters NR
111 and NR 112, Wis. Admin. Code.
4.49 SOLID WASTE DISPOSAL SITES: All salid waste disposal sites, whether public or private,
are prohibited in flood fringe areas.
SECTION 5.0 GENERAL FLOOD PLAIN DISTRICT (GFP)
1 5.1 APPLICABILITY: The provisions for this district shall apply to all flood plains in the City of Muskeqo for which "regional flood" data, as defined in the DEFINITIONS,
SectJon 10.1(3Ul are #IUL available or where regional flood data is available, but floodways have
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not been delineated. As adequate regionai, flood data becomes available and floodways are delineated
for portions of this district, such portions shall be placed in the Regional Flood Fringe or Regional
Floodway District, as appropriate.
5.2 DESCRIPTION OF DISTRICT: The gerleral flood plain district shall include:
5.21 All A Zones shown on the Official Flood Plain Z ni g Map which is based on Flood Insurance
2hd- Study Mdoc awl Flood Hazard Boundary Maps showing the 9 akes
uske 0 , Wisconsin. prepared by Department of Housing and Urban Development dated and its tributaries in
anrapproved by the Department of Natural Resources.
5.3 PERMITTED USES: Those uses permitted in Section 3.3. 3.4, 4.3 and 4.4. provided the
procedures of Section 5.4 below are met. and a land use permit has been issued by the Zoning
Administrator.
5.4 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOOD PLAIN DISTRICT. The General Flood Plain
District encompasses both floodway and flood fringe areas. Therefore, a determination shall be wade
pursuant to Section 7.4. to determine whether the proposed use is located within a' floodway or flood
fringe area. If it is determined that a proposed use is located within a floodway, the provisions
of Section 3.3 and 3.4 of this Ordinance shal-l apply. If it is determined that the proposed-.
use is located within the flood fringe, the provisions of Section 4.,3 and 4.4 shall apply.
SECTION 6.0 NONCONFORMING USES .
of Sections 59.97(10) and 62.23(7)(h). Wis. Stats.. they shall apply to all nonconforming uses.
The existing lawful use of a structure or Ibuilding or its accessory use which is not in conformity
with the provisions of this ordinance may be continued subject to the following conditions:
6.1 GENERAL: Insofar as the standard; in this section are not inconsistent with the provisions
made in conformity with the provisions of ;Ibis Section. For the purposes of this Section the Hords
"modification" and "addition" shall include, but not be limited to, any alteration, addition, modification.
rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance
repairs include internal and external painting. decorating, paneling, and the replacement of doors,
repairs are not considered structural repa-irs. modifications or additions; such ordinary maintenance
windows, and other nonstructural component!;; and
6.11 No modifications of additions to a nonconforming use shall be permitted unless they are
6.12 If a nonconforming use is discontinued for 12 consecutive rmnths. any future use of the
structure or building shall conform with the appropriate provisions of this ordinance for floodway
and flood fringe areas.
SECTION 6.2 FLOODWAY AREAS.
6.21 No modifications or additions shall be allowed to any existing structures which are not "-- :
meet all of the following criteria:
in compliance with permitted floodway standards or uses, unless such modifications or additions
(a) The modifications or additions to a structure will not increase the amount of
obstruction to flood flows pursuant to Section 2.91 of this Ordinance;
(b) Any addition to a structure shall be flood proofed, pursuant to Section 7.5 by means other
than the use of fill, to the flood protection elevation;
(c) No structural repairs, modifications or additions to a structure, which exceed over the
life of the structure 50% of its present equalized assessed value, shall be allowed unless
the entire structure is permanently changed to a conforming use;
(d) If any nonconforming structure is destroyed or is so badly damaged that it cannot be
practically restored, it cannot be replaced, reconstructed or rebuilt unless permanently
changed to a conforming use. For the purposes of this subsection, restoration is deemed
impractical where the total cost of such restoration would exceed 5Q% of the present
equalized assessed value of said structure.
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6.22 No new on-site sewage disposal system, or additions to existing on-site sewage disposal
systems. shall be allowed in a floodway area. Any replacement, repair or maintenance of an on-site
and Wis. Admin. Code H 62.20.
sewage disposal system in a floodway area shall meet the applicable provlsions of local ordinances
existing well, shall be allowed in a floodway area. Any replacement, repair or maintenance of a
well in a floodway area shall meet the applicable provisions of local ordinances and Chapters NR 111
and NR 112. Wls. Admln. Code.
6.23 No new well used to obtain water for ultimate human consumption. or modifications to an
6.3 FLOOD FRINGE AREAS
of its present equalized assessed value, shall be protected by flood proofing measures pursuant to
6.31 All modifications or additions to any nonconforming structure, .which do not exceed 50%
which over the life of the structure exceed fifty (50) percent of its present equalized assessed value
Section 7.5 of this Ordinance. No structural modification or addition to any nonconforming structure,
shall be allowed unless the entire structure is permanently changed to a conforming use.
6.32 Where compliance with the provisions of Subsection 6.31 above would result in unnecessary
hardship, and only where the structure will not be either used for human habitation or be associated
with a high flood damage potential, the l3oard of Adjustment/Appeals, using the procedure in 7.34.
may grant a variance from those provisions, using the criteria listed below. Modifications or
additions to structures or buildings whi(:h are protected to elevations lower than the flood protection
elevation may be permitted if:
(a) Human lives are not endangered;
(b) Public facilities. such as water or sewer, are not to be installed;
(c) Flood depths will not exceed four feet;
(d) Flood velocities will not excel?d two feet per second; and
(e) The structure will not be used for storage of materials described in Section 4.45.
6.33 Any new. addition to, replacemmt. repair or maintenance of an on-site sewage disposal -
system in a flood fringe area shall meet all the applicable provisions of all ordinances and Wis.
Admin. Code H 62.20.
shall meet the applicable provisions of l.his ordinance and Chapters NR 111 and NR 112. Wis. Admin. Code.
6.34 Any new, addition to. replacmf!nt, repair or maintenance of a well in a flood fringe area
insurance premiums may result.
6.35 If a variance is granted, the cornunity shall notify the property owner that increasedflood.
SECTION 7.0 ADMlNISTRATlOH
ment of necessary policies and procedure!:, to administer the flood plain zoning ordinance in
This Ordinance provides for the appointment of appropriate boards and staff, and the develop-
accordance with this section. Where a zc8ning administrator, planning agency or a board of adjust-
ment/appeals has already been appointed to administer a zoning ordinance adopted under Sections
ordinance.
59.97. 59.971 or 62.23(7). Wis. Stats.. these officials shall also administer the flood plain zoning
of this Ordinance. The Zoning Administraror shall exercise the following duties and powers:
7.1 ZONING ADMINISTRATOR: A Zoning Administrator is hereby appointed to administer the provisions
7.11 Advise applicants as to the prcmvisions of this Ordinance and assist them in preparing
penit applications.
Certificates of Compliance when approprizte.
7.12 Issue permits and inspect properties for compliance with this Ordinance and issue
7.13 Keep the official records of all water surface proviles, flood plain zoning maps. flood
plain zoning ordinances, nonconforming u:.es and changes thereto. permit applications, permits.
appeals. variances and amendments relatecl to the flood plain zoning ordinance.
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7.14 Subnit copies of any required d,lta. variances, amendments, case-by-case analyses, annual
reports, and any other required information to the Department of Natural Resources. An annual stmmary
showing only the number and types of zonin!] actions taken by the county, cfty or village shall be
submitted to that Department by the Zoning Administrator.
7.15 Investigate, prepare reports and report violations of the flood plain zoning ordinance to 0 the appropriate County. city or village cormittee and to the municipal attorney, corporation counsel
or dlstrict attorney, with copies to the appropriate district office of the Department of Natural
Resources.
Administration Of the Oepartment of Housin!] and Urban Development.
7 16 Submit Copies of map and text amtlndments and annual reports to the Federal Insurance
7.17 Maintain on file a list of all documentations of certified elevations,
7.18 ADMINISTRATIVE PROCEDURES:
(a] LAND USE PERMIT: A land use permit shall be obtained from the Zonin Administrator,before
any new land use. change in use, or development as defined in 10.1(9~, subject to the provisions
of this Ordinance, may be initiat.ed. An application for a land use.permit shall be made to
the Zoning Administrator upon forms furnished and shall include. for the purpose of proper
enforcement of these regulations, the following data:
1. Name and address of the applicant and property owner;
2. Legal description of the property and type of proposed use;
3. A sketch showing the dimensions of the lot and locations of buildings from lot line,
center line of abutting highways and high-water mark of any abutting watercourse;
4. All infomation concerning any private water or on-site sewage disposal system to
be installed. including a sketch showing surveyed location of wells, streams. lakes,
site.
buildings, privies and septic tank systems within 100 feet of proposed sewage disposal .. - - - (b) CERTIFICATE OF COMPLIANCE: No development as defined in this chapter shall take place,
no vacant land in the flood plain shall be occupied or used and no building hereafter
of Compliance from the Zoning Administrator. The local zoning administrator or building
erected, altered or moved, shall be occupied until the applicant obtains a Certificate
inspector shall require that the applicant submit a certification by a registered professional
engineer or architect that the finished fill and building floor elevations and other flood
plain regulatory factors were accomplished in compliance with appropriate flood plain zoning
provisions and other flood plain regulations; the applicant shall submit such certification
owner, the Zoning Administrator shall issue a certificate of compliance for any building or
for all new construction and substantial improvements. Upon written request from the "-
premises existing at the time of the adoption of this ordinance certifying, after inspection,
the extent and type of use made of the building or premises and whether or not such use conforms
to the .provisions for this ordinance.
(c) OTHER PERMITS: It is the responsibility of the applicant to secure all other necessary '
permits from all appropriate Federal, State, and local agencies, including those required
under Section 404 of the Federal Water Pollution Control Act amendments of 1972.
33 U.S.C. 1334.
powers to:
7.2 ZONING AGENCY: A zoning agency or conunittee shall be appointed and given the duties and
(a) Oversee the functions of the office of the zoning administrator;
(b) Review and act upon all proposed amendments to the flood plain zoning ordinance;
(c) Maintain a complete public record of all proceedings.
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,_ 7.3 BOAR0 OF ADJUSTMENT/APPEALS: The appropriate board created under Chapter 59.99. WISCONSIN
STATUTES, for counties, or 62.23(7)(e) for cities or villages is hereby authorized to act as hard
of adjustment (counties) or appeals (cities or vlllages) The powers of the Board of Adjustment shall
be pursuant to Cha ter 59.99. YISCONSIN STATUTES: the powers of the Board of Appeals shall be pursuant
to Chapter 62.23(7r WISCONSIN STATUTES.
7.31 APPEALS TO THE BOARD: Appeals to the Board of Ap'peals/Adjustment my be taken by a person
aggrieved or by an officer, department, board or bureau of the municipality affected by any decision
of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as provided by
a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit
the rules of the Board. by filing with the Zoning Adminlstrator and with the Board of Appeals/Adjustment
to the Board all the papers constituting the record upon which the action appealed from was taken.
7.32 HEARING APPEALS
(a) The Board of Appeals/Adjustment shall fix a reasonable time for the hearing of the appeal.
a class 2 notice pursuant to Chapter 985. WISCONSIN STATUTES, specifyindime
give public notice thereof by publishing in the official newspaper of Muske 0
and place of hearing and the matters to come before the Board; as well as mailed notices
to the parties at interest.
(b) A decision regarding the appeal shall be made as soon as practicable.
(c) The final disposition of an appe,3l or application to the Board of AppealsjAdjustment
shall be in the form of a writtel resolution or order signed by the Secretary of the
Board. Such resolution shall st83te the specific facts which are the basis for the Board's
determination and shall either affirm. reverse, vary or modify the order, requirement, decision
or determination appealed, in whole or in part, dismiss the appeal for 1ack.of jurisdiction
or prosecution, or grant the application.
(d) A copy of all decisions by the Board of Adjustments/Appeals shall be mailed to the
appropriate District Office of the Department of Natural Resources.
Adjustment in disputes of a flood plain zoning district boundary:
7.33 MAPPING DISPUTES: The following procedure shall be used by the Zoning Board of Appeals/
(a) Flood district boundaries: when .the location of the flood plain or floodway district
Section 3.2. 4.2 or 5.,2 of this Ordinance, the flood elevations or "flood profiles" for
boundary is established by experience flood maps or engineering studies pursuant to
the point in question shall be the governing factor in locating the district boundary.
If no elevation or profiles are iivailable to the Board. any other available evidence may
be examined.
(b) In all cases. the person contesting the location of the district boundary shall
be given a reasonable opportunit:, to present his case to the Zoning Board of Appeals/ .
Adjustment and if he chooses, sul~mit his own technical evidence. The Board shall not
allow deviations from the boundal-y line as mapped unless the evidence clearly and conclusively
establishes that the mapped loca.:ion of the line is incorrect, approval has been granted
by the Department of Natural Resources, and an offical letter of map amendment has been
issued by the Federal Insurance Administration of HUD.
7.34 VARIANCE: Any deviatlon Prom thl? standards of this ordinance, for which a
permit has been denied by the Zoning Administrator, may be allowed only upon written request for
a variance submitted to the Zoning Adminis.:rator. public hearing. and issuance of a variance from
by the Board of Adjustment/Appeals. The board may authorize in specific cases such variance from
the terms of the ordinance as will not be (contrary to the public interest where, owing to special
conditions, a literal enforcement of the pl-ovisions of this ordinance would result in unnecessary
hardship. A variance:
(a) Shall be consistent with the spil-it and intent of this flood plain zoning ordinance.
(b) Shall not permit any change in e,;tablished flood elevations or profiles.
(c) Shall not be granted for a use tllat is common to a group of adjacent lots or premises.
(In such a case, the zoning ordinance would have to be amended through proper procedures.)
(d) Shall not be granted unless it i:; shown that the variance will not be contrary to the public
interest or damaging to the rights of other pers0n.s or property values in the area.
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(e) Shall not be granted for actions which require an amendment to the flood plain zoning
ordinance.
(f) Shall not have the effect of allowiig or expanding a use or structure which is prohlbtted
in that zoning district by the floo,i plain zoning ordinance.
(9) Snall not be granted solely on the ,asis of economic gain or loss.
(h) Shall not be granted for a self-cre>lted hardship.
7.4 PROCEDURES FOR DETERMINING FLOODWAY )AND FLOOD FRINGE LIMITS.
7.41 APPLICABILITY, When any developments are proposed within a General Flood Plain District,
a determination shall be made to establish thl? boundaries of the floodway and determine whether
floodway or flood fringe uses apply, and, whel-e applicable, to determine the regional flood elevation.
7.42 Upon receiving an application for dwelopment, the Zoning Administrator shall:
(a) Require the applicant to submit, at the time of application, two copies of an
aerial photograph. or a plan which accurately locates the flood plain proposal with
respect to the flood plain district limits, channel of stream, existing flood plain
developments, together with all pertinent information such as the nature of the
proposal, legal description of the property, fill limits and elevations, building floor
elevations and flood proofing measures.
[b) Require the applicant to furnish any of the following additional information as is deemed
necessary by the Department of Natural Resources for evaluation of the effects of
the proposal upon flood flows and to determine the boundaries of the floodway and,
where applicable. the regional flood elevation.
1. A typical valley cross-section showing the channel of the stream, the flood
plain adjoining Each side of the channel, cross-sectional area to be occupied
by the proposed development, and high water information. .e 2. Plan (surface view) showing elwations or contours of the ground, pertinent - structure, fill or storage elevations; size, location and spatial arrangement of
all proposed and existing stru(:tures on the site, location and elevations of
streets, water supply, sanitary facilities, soil types and other pertinent
information.
3. Profile showing the slope of the bottom of the channel or flow line of the
stream.
4. Specifications for building cwstruction and materials, flood proofing,
filling, dredging. channel improvement. storage of materials, water supply and
sanitary facilities...
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(c) Transmit one copy of the information described in subsections [a) and Cb) to the
Department of Natural Resources alorlg with a written request to have that agency provide
technical assistance to establish floodway boundaries and, where applicable, provide
regional flood elevation. Where the! provisions of Section 2.95 of this ordinance apply.
the applicant shall provide all required information and computations.
with the flood protection elevation for the pi.rticular area as described in Section 10.1(21), to
7.5 FLOOD PROOFING: Flood proofing measilres such as the following shall be designed consistent
withstand the flood velocities, forces and other factors associated with the flood protection elevation.
The applicant shall submit a plan or document certified by a registered professional engineer or architect
that the flood proofing measures are adequately designed to protect to the flood protection elevation
for the particular area. All flood proofing :.hall provide anchorage to resist floatation and lateral m movement. Other flood proofing measures may include:
7.51 Installation of watertight doors, bulkheads, and shutters.
7.52 Reinforcement of walls and floors to resist pressures.
7.53 Use of paints, membranes or mortars to reduce seepage of water through walls.
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I The above sectlons 7.5, 7.51. 7.52 and 7 53 shall insure that structural walls are watertight, which
shall be the minimum standard for certificiltion pursuant to section 7.5 above.
7.54 Addition of mass or weight to structures to prevent flotation.
7.55 Placement of essential utilities above the flood protection elevation.
7.56 Pumping facilities and/or subsuriace drainage systems for buildings to relieve external
foundation wall and basement floor pressures and to lower water levels in structures.
flood waters.
7.57 Construction of water supply and waste treatment systems to prevent the entrance of
0 7.58 Construction to resist rupture or collapse caused by water pressure-or floating debris.
7.59 Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
SECTION 8.0 AHENDMENTS
UiSCOnSin. may from time to time. alter, supplement or change the boundaries of use dlstrlcts an
8.1 GENERAL: The COmmOfl Council, of the City of Muske o
the regulations contained in the Ordinance in the manner provided by law. Official amendments are
maps or flood plain zoning ordinance. Actions which require an amendment include, but are not
required for any changes in the official floodway lines. water surface profiles, flood plain zoning
limited to, the following:
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8.11 Any change in the official floodway lines or in the boundary of the flood plain area.
8.12 Settlement of conflicts between the water surface profiles and flood plain zoning maps,
in accordance with Section 7.33 of this Ordinance.
of an area in the floodway to a height at or above the elevation of the regional flood;
8.13 Any fill or encroachment into the floodway which will result in raising the elevation
- 8.14 Any fill or encroachment that will cause a change equal to or greater than 0.1 foot in
the water surface profiles of the regional flood; and
8.15 Any upgrading of flood plain zoning ordinances required by law.
8.16 Amendments to this Ordinance may be made upon petition of any interested party in accordance
with the provisions of Section 62.23 or 59.97 of the WISCONSIN STATUTES. Such petitions shall
include any necessary data required by Sections 7.42 and 2.95 of this Ordinance. "-
referred to the P1 an Corn. which shall be forwarded by the secretary ot the Y I an LOmrnl SS I on 8.2 AMENDMENT PROCEDURE: Copies of an,y amendment proposed to the Common Counci 1 shal 1 . be
district office of the Department of Natural Resources, and the Federal Insurance Administration.
together with the first notice ot the publi: hearing thereon, to the main office ana appropriate
The amendment procedure shall comply with the provisions of Section 62.23 or 59.97, Wis. Statutes.
No amendment to the text or maps shall beco.ne effective until approved by the Department of Natural
Resources, the Federal Insurance Administration and, in the case of map amendments, until an official
letter of map amendment has been issued by the Federal Insurance Administration of HUD.
SECTION 9.0 ENFORCEMENT AND PENALTIES
corporation (including building contractors) 0.r his or their agent, shall be unlawful and shall
Any violations of the provisions of this Ordinance by any person, firm, association,
be forwarded to the Municipal Attorney, who shall expeditiously prosecute all such violators. A
violator shall, upon conviction, forfeit to the City
less than$], 00 and not more than$= , together with a taxable cost of such action. Each
day during within such violation exists sharl constitute a separate offense. Every violation of
this Ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance
thereof may be abated by action at suit of the. City, the state, or any
citizen thereof.
a penalty of not
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SECTION 10.0 DEFINITIONS
so as to give them the same meaning as they have at comnon law and to give this Ordinance Its most
reasonable application.
10.1 Unless specifically defined below, words or phrases used in this Ordinance shall be fnterpreted
(1) A ZONES - are those areas shown on a comnunity's "Official Flood Plain Zoning Map"
(see definition 27) which would be inundated by the "base flood" or "regional. flood" as defined
may or may not be reflective of flood profiles, depending on the availability of data for a given
herein. These areas may be numbered as AO. A1 to A30. A99, or be unnumbered A Zones. The A Zones
area.
a fs accessory or incidental to the principal use of a property, structure or building.
(2) ACCESSORY USE - An accessory use is any facility, structure, 'building or use which
(3) BASE FLOOD - A flood having a one percent chance of being equalled or exceeded
in any given year. (See also regional flood)
the base flood as defined in (3) above.
(4) BASE FLOOD ELEVATION - An elevation equal to that which reflects the height of
(5) BOARD OF APPEALS/AOJUSTMENT - The body established under Chapter 62,.23. WISCONSIN
STATUTES, for cities or villages and designated "board of appeals." or as established under
Chapter 59.99. WISCONSIN STATUTES, for counties and designated "board of adjustment".
has been adopted by a municipal ordinance and approved by the Department of Natural Resources
(6) BULKHEAD LINE - A geographic line along a reach of navigable body of water that
pursuant to Section 30.11, WISCONSIN STATUTES, and which allows complete filling on the landward
side except where such filling is prohibited by the floodway provisions of this Ordinance.
(7) CERTIFICATE OF COMPLIANCE - A certification by the Zoning Administrator that a 'a structure, use, or development is in compliance with all provisions of this Ordinance.
- (8) CHANNEL - A channel is a natuml or artificial watercourse with definite bed - and banks to confine and conduct the normal flow of water.
(9) DEVELOPMENT - Any man-made chaige to improved or unimproved real estate,
including but not limited to construction of or additions or substantial improvements to
buildings, other structures, or accessory us,?s. the placement of mobile homes, mining, dredging,
filling, grading, paving, excavation or drilling operations, deposition of materials.
(10) ENCROACHMENT - An encroachment is any fill, structure, building, accessory use, -
(11) ENCROACHMENT/FLOOOUAY LINES - Encroachment lines are limits of obstruction to flood
use or development in the floodway.
established by assuming that the area landwa-d [outside) of the encroachment lines will be
flows. These lines are on both sides of and generally parallel to the stream.. The lines are
ultimately developed in such a way that it will not be available to convey flood flows.
(12) EQUAL DEGREE OF HYDRAULIC ENCIiOACHMENT - The effect of any encroachment into
the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other
side of a river or stream for a significant hydraulic reach. This computation assures that
property owners up, down or across the river or stream will have the same rights of hydraulic
encroachment. Encroachments are analyzed on the basis of the effect upon hydraulic conveyance.
not upon the distance the encroachment extensk into the floodway.
m parcels) of land divided into two or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to be affixed (including, at a
minimum, the installation of utilities, eithl?r final site grading or the pouring of concrete pads, and
113) "EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION". means a parcel (or contiguous
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the construction of streets) is completed before the effective date of flood plain management
regulations adopted by a community.
inundation of normally-dry land'ageas frq the overflow of in Z and waters. or the unusual and
rapid accumulatl0n'br runoff of sprface'wa'ters from any source.
(14) "FLOOD" OR "FLOODING" - A general and temporar condition of partial or complete
(15) FLOOD FRINGE - The flood fringe Is that portion of the flood plain outside of
associated with standing water rather than rapidly flowing water.
the floodway, which is covered by flood water; during the regional flood; it is generally
Urban Development, designating areas of special flood hazard within a given comunity. Flood
hazard areas are designated as A Zones. Said map fons the basis for both the regulatory
and insurance aspects of the National Flood Insurance program.
(16) FLOOD HAZARD BOUNDARY MAP - A nlap prepared by the U.S. Department of Housing and
(17) FLOOD 1NSURANCE STUDY MAP - A mitp prepared by the U.S. Department of Housing and
Urban development, designating areas of special flood hazard and flood insurance rate zones for
maps forms the basis for the regulatory and/or the insurance aspects of the National Flood Insurance
a given community. Flood hazard and insurance rate zones are designated as A Zones. Said
Programs.
by flood water during the regional flood. The Flood plain includes the floodway and the flood fringe.
(19) FLOOD PROFILE - A graph or a longitudinal profile showing the relationship of
(le) FLOOD PLAIN - The flood plain is the land which has been or may be hereafter covered
the water surface elevation of a flood event to locations along a stream or river.
changes, or adjustments to properties and structures subject to flooding, primarily for the purpose
of reducing or eliminating flood damage to properties, water and sanitary facilities, structures
and contents of buildings in flood hazard areas.
(20) FLOOD PROOFING - Flood proofing involves any combination of structural provisions.
@nt two feet of freeboard above the water surfare profile associated with the regional flood
(21) FLOOD PROTECTION ELEVATION - The flood protection elevation shall correspond to a/ - and the official floodway lines. Also see: FREEBOARD
the flood plain adjoining the channel required.to carry and discharge the flood water or flood flows
associated with the regional flood. - .'
(23) FREEBOARD - "Freeboard" is a factor of safety usually expressed in terms of a certain
amount of feet above a calculated flood level. Fweboard compensates for the many unknown factors
but are not limited to, ice jams, debris"accumu1ation. wave action, obstruction of bridge openings
that contribute to flood heights greater than the height calculated. These unknown factors include,
and floodways, the effects of urbanization on the tlydrology of the watershed, loss of flood storage
areas due to development and aggradation of the river or stream bed.
(24) "LAND USE" - any "development" as defined in 10.1(9).
(25) MOBILE HOME - A structure transportable in one or more sections, which is built on a
(22) FLOODWAY - The floodway is the channel of a river or stream and those portions of
permanent chasis and designed to be used with or without a permanent foundation when connected to the
required utilities. For the purpose of this Ordinarjce it does not include recreational vehicles
or travel trailers,
building or accessory use which is not in conformity with the provisions of the flood plain
zoning ordinance for the area of the flood plain which it occupies.
(26) NONCONFORMlNG USE - A nonconforming use is an existing lawful use of a structure,
(27) OFFICIAL FLOOD PLAIN ZONING MAP - that. map, adopted and made part of this Ordinance,
has been approved by the Department of Natural Resources and the Federal Insurance Administra-
flood, including but not limited to numbered and unnumbered A Zones, and where applicable, floodways.
This map may be a Flood Hazard Boundary Map (see defi.1ition 161, Flood Insurance Study Map (See
defnition 17). or other~approved comunity flood plain map.
HUD, and which delineates those areas which kould be inundated by the base or regional
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Administration of HUD that a Flood Hazard Bourldary Map or Flood Insurance Study Map has been amended.
(28) OFFICIAL LETTER OF K4P AMENDMENT - Official notification from the Federal Insurance
river or s':ream extending from one significant change in the hydraulic character of the river or
stream to the next significant change. These changes are usually associated with breaks in the
of the water flow, and changes in stream bed slope or vegetation.
slope of the water surface profile, and may be caused by bridges. dams, expansion and contraction
(29) REACH, HYDRAULIC - A hydraulic reach along a river or stream is that portlon of the
(30) REGIONAL FLOOD - The regional flood is a flood determined to be representative
of large floods known to have generally occurred in Wisconsin and which may be expected to
occur on a particular stream because of like physical characteristics. The flood frequency
of the regional flood is once in every 100 years; this means that in any given year there is
a 1% chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage
period, the regional flood has a 26% chance of occurrence.
(31) STORAGE CAPACITY OF A FLOOD PLAIN - The volume of space above an area of flood
plain land that can be occupied by flood water of a given stage at a given time, regardless of
whether the water is moving.
or temporary location on or in the ground, stream bed or lake bed, which includes, but is not
limited to, objects such as buildings, factories, sheds and cabins, moblle homes. gas or liquid
storage tanks, bridges or culverts. I
(32) STRUCTURE - Anything constructed or erected, the use of which requires a permanent
structure, the cost of which equals or exceeds fifty percent (50%) of the present equalized assessed
(33) SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, or improvement of a
value of the structure either before the improvement or repair is started, or if the structure has
been damaged, and is being restored, before the damage occurred. The term does not, however,
state or local health, sanitary, or safety code specifications which are solely necessary to
include either: (I) any project for improvement of a structure to comply with existing
assure safe living conditions, or (11) any alt2ration of a structure or site documented
as deserving preservation by the Wisconsin State Historical Society or listed on the
National Register of Historic places. 0rdinar.y maintenance repairs are not considered
and other nonstructural components.
internal and external painting, decorating, palieling, and the replacement of doors, windows,
- - structural repairs. modifications or additions; such ordinary maintenance repairs include
disposal system, including but not limited to; septic systems, private and public wells, and
their attendant facilities, public sewage colllxtion systems and treatment facilities.
(34) UIILITIES - Any public or private water supply, or waste collection and/or
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Patricia R. Schultz being duly sworn,
do(h depose and say that he is an authorized representative of
The. . Muskego .sm. .........................
a rlewspaper published at .... .Muskego. ............
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said paper, was published therein on
. WY. .?O ................. #
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(Signed)
BOOKKEEPER,
Subscribed and sworn to before me this .day 20 .........
01 ...... Jub! .... . , 19 77. . .Q+. &-.m. ,
Notory Publi , Milwoukee County Wisconsin
My Commission expires . February '1'8 19 ... 79