ORD1991712COMMON COUNCIL - CITY OF MUSKEGO
C,RDINANCE #712
AN ORDINANCE TO REFEAL AND RECREATE CHAPTER 14
OF THE MUNICIPAL CODE OF THE CITY OF 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Muskego, Wisconsin, is hereby repealed and recreated.
Ordinance to Amend Chapter 14: of the Municipal Code of the City of
Muskego (Flood Plain Ordinanc:e)," and adopted as Ordinance #441,
is hereby adopted and made part of the Municipal Code of the City.
the Office of the City Clerk and open to public inspection for not
SECTION 3: A copy of said Ordinance has been on file in
less than two weeks prior to the date of this Ordinance and said
Ordinance is hereby incorporated into the Municipal Code of the
City.
SECTION 2: Chapter 14 of the Municipal Code, entitled "An
SECTION 4: 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 ordinance whose
terms are in conflict with the provisions of this Ordinance are
hereby repealed as to those xerms that conflict.
SECTION 5: This Ordinance shall be in full force and
effect from and after its pa:;sage and publication.
PASSED AND APPROVED THIS 23RD DAY OF APRIL , 1991.
CITY OF MUSKEGO
WaynqG. Salentine, Mayor
ATTEST :
Published on the 2nd day
of May , 1991.
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #712
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 14
OF THE MUNICIPAL CODE OF THE CITY OF 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Muskego, Wisconsin, is hereby repealed and recreated.
SECTION 2: Chapter 14 of the Municipal Code, entitled "An
Ordinance to Repeal and Recreate Chapter 14 of the Municipal Code
of the City of Muskego (Flood Plain Ordinance)," is hereby created
to read as follows:
a declared to be severable. If any section or portion thereof shall
SECTION 3: The several sections of this Ordinance are
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
provisions, sections, or portion thereof of the Ordinance which
in the decision, and not affect the validity of all other
shall remain in full force and effect. Any other ordinance 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 23RD DAY OF APRIL , 1991.
CITY OF MUSKEGO
w,,, # - &E
Wayn G. Salentine, Mayor In
ATTEST :
Published on the 2nd day
of May , 1991.
FLOODPLAIN ZONING ORDINANCE
TABLE OF CONTENTS
1 . 0 STATUTORY AUTHORIZATION. FINCIING OF FACT. STATEMENT OF
PURPOSE. TITLE AND GENERAL PF.OVISIONS ..........................
1.1 Statutory Authorizatiorl ...................................
1.2 Finding of Fact .........................................
1.3 Statement of Purpose ......................................
1.4 Title ...............................................
1.5 General Provisions .......................................
(1) Areas to be Regulated ...............................
(2) Official Map .......................................
(3) Establish Districts ............................
(4) .Locating Boundari,es,.~.: ..............................
(5) Removal of Lands frpm.Flppdpl.ain ......................
(6) Compliance .....................................
(7) Municipalities and Agencies Regulated ................
(8) Abrogation and Greater Restrictions .................
(9) Interpretation ....................................
(10) Warning and Disclaimer of Liability .................
(11) Severability ......................................
(12) Annexed Areas for CitieslVillages ....................
2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS .......
3.0 FLOODWAY DISTRICT (FW) ......................................
3.1 Applicability ..........................................
...........................................
3.3 Standards for Development
3.2 Permitted Uses
3.4 Prohibited Uses ..........................................
.................................
4.0 FLOODFRINGE DISTRICT (FF) .......................................
4.1 Applicability .............................................
4.2 Permitted Uses .............................................
4.3 Standards for Development .................................
5.0 GENERAL FLOODPLAIN DISTRICT (GFP) ..............................
5.1 Applicability ...........................................
5.2 Permitted Uses .........................................
5.4 Determining Floodway/Floodfringe Limits
5.3 Standards for Development .................................
...................
6.0 NONCONFORMING USES ...............................................
6.1 General ..................................................
6.2 Floodway Areas ...........................................
6.3 Floodfringe Areas ........................................
7.0 ADMINISTRATION ..................................................
7.1 Zoning Administrator .......................................
7.3 Board of AdjustmentlAppeals ...............................
7.4 To Review Appeals of Permit Denials ........................
7.2 Zoning Agency ............................................
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2
2
3
3
3
4
4
4
4
4
5
5
6
6
6
8
9
9
9
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12
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12
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12
13
13
14
15
16
16
20
20
23
..
7.5 Floodproofing ........................................... 23
7.6 Public Information ...................................... 24
8.0 AMENDMENTS .................................................... 24
8.1 General .................................................. 25
8.2 Amendment Procedures ................................... 25
9.0 ENFORCEMENT AND PENALTIES .................................... 26
10.0 DEFINITIONS ................................................ 26
Mobile/Manufactured Homes ............................ 33
~istorical Structures ................................ 34
11.0 ADDENDUMS
FLOODPLAIN ZONING ORDINANCE
1 .o
1.1
1.2
1.3
STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE
AND GENERAL PROVISIONS
STATUTORY AUTHORIZATION
This zoning ordinance is adopted pursuant to the authorization in
for counties; and 5. 87.30, Wis. Stats.
ss. 61.35 and 62.23. for vi'llages and cities; 59.97, 59.971, and 59.99
FINDING OF FACT
Uncontrolled development and use of the floodplains, rivers or streams
of this municipality would itdversely affect the public health, safety,
convenience, general welfart!. and impair the tax base
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 s to provide a uniform basis for the
preparation, implementation and administration of sound floodplain
regulations for all floodplains within the municipality to:
Protect life, health and property;
Minimize expenditures of public monies for costly flood control
projects;
Minimize rescue and relief efforts, generally undertaken at the
expense of the tax paying public;
Minimize business interruptions which usually result in the loss Of
local incomes;
Minimize damage to public facilities on the floodplains such as
water mains, sewer linfms, streets and bridges;
Minimize the occurrence of future flood blight areas on floodplains;
Discourage the victimization of unwary land and home buyers, and
Prevent increases in regional flood heights that could increase
flood damage and may rclsult in conflicts or litigation between
property owners.
'A This ordinance shall be knokln as the Floodplain Zoning Ordinance
for The City of Muskego , Wi sconsi n.
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1.5 GENERAL PROVISIONS
(1) AREAS TO BE REGULATED
Areas regulated by this ordinance include all areas within the
limits of the municipality that would be covered by the "regional
flood" (defined in s 10 1) and include "floodplain islands"
rescue and relief routes would be inundated by the regional flood. (defined in s. 10.1) designated on the official map where emergency
(2) OFFICIAL MAP
The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, are those areas
designated as floodplains or A-Zones on the following
map. Flood Boundary and Floodway Naps
prepared by Federal Emergency Nanagement Agency (FEEIA)
This map, dated a?mber 1, 1982 , is the official floodplain
zonina mao and has been aDDrOVed by the Department of Natural
Resoutks' and the Federal' Emergency Management Agency (FEMA), and
is on file in the office of the City Clerk . If
more than one map is referenced the regional flood profiles govern
boundary discrepancies according to par. (4) below.
(3) ESTABLISHMENT OF DISTRICTS
districts defined in s. 10.1 and as follows:
The regional floodplain areas are hereby divided into three
(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 includes both the floodway and
floodfringe districts.
(4) LOCATING FLOODPLAIN BOJNDARIES
Where an apparent discrepancy exists between the location of the
outermost boundary of the flood fringe district or general
floodplain district shwn 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
conditions, the map sh,ill be amended using the procedures significant difference between the map and the actual field
established in s. 8.0. Disputes between the zoning administrator
and an applicant over the location of the district boundary line
shall be settled accorljing to s. 7.3(3).
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(a) Where flood prof.iles exist, the location of the district
boundary line Shill1 be determined by the zoning administrator
using both the scale appearing on the map and the elevations
shown on the water surface profile of the regional flood
Where a discrepancy exists between the map. and actual field
conditions, the regional flood elevations shall govern. A map
amendment is required where there is a significant discrepancy
between the map and actual field conditions. The zoning
administrator shall have the authority to grant or deny a land
use permit on the basis of a district boundary derived from
regional flood, whether or not a map amendment is required
the elevations shown on the water surface profile of the
any map amendment:s required under this section within a
The zoning administrator shall be responsible for initiating
reasonable periocl of time.
(b) Where flood profiles do not exist, the location of the
district boundary line shall be determined by the zoning
on-site inspecticln and any available information provided by
administrator using the scale appearing on the map, visual
the Department. Where there is a significant difference
amended. Where a map amendment has been approved by both the
between the map and actual field conditions, the map shall be
municipal governing body and the Department, the zoning
administrator shall have the authority to grant or deny a land
use permit.
REMOVAL OF LANDS FROM FLOODPLAIN
Compliance with the provisions of this ordinance shall not be
grounds for removing lands from the floodplain district, unless
the regional flood elevation, the fill is contiguous to land lying
they are removed by filling to a height of at least two feet above
outside the floodplain district, and the map is amended pursuant to s. 8.0. To remove flood insurance requirements, FEMA must first
revise the Flood Insurance Rate Map or issue a Letter of Map
Amendment or Revision.
COMPLIANCE
Any development, as defined in s. 10.1, or use within the areas
regulated by this ordinance shall be in full compliance with the
terms of this ordinanc?. and other applicable local, state, and
federal regulations.
MUNICIPALITIES AND STA'rE AGENCIES REGULATED
Unless specifically exempted by law. all cities, villages, towns,
and counties are requii-ed 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 01' Transportation are exempt when
s. 30.12(4)(a), Stats.. applies.
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(8) ABROGATION AND GREATEIt RESTRICTIONS
(a) This ordinance supersedes all the provisions of any municipal
zoning ordinance enacted under s. 59.97 or 59.971 for
counties; s. 62.213 for cities; or s. 61.35 for villages Or
s. 87.30. His. Stats., which relate to floodplains except that
where another municipal zoning ordinance is more restrictive
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 ir; 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
ordinance shall be held to be minimum requirements liberally
In their interpretation and application, the provisions of this
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. tlhere a provision of this ordinance is required by a standartl in Ch. NR 116. Wis. Adm. Code, and where the
ordinance provision i:, unclear, the provision shall be interpreted
adoption of this ordirlance or in effect on the date of the most
in light of the ch. NF 116 standards in effect on the date of the
recent text amendment to this ordinance.
(10) WARNING AND D1SCLAIME:R OF LIABILITY
The degree of flood protect:ion provided by this ordinance is considered
reasonable for regulatory Flurposes and is based on engineering
experience and scientific methods of study Larger floods may occur or
the flood height may be increased by man-made or natural causes such as
ice jams or bridge openings, restricted by debris. Therefore, this
ordinance does not imply that areas outside of the delineated
floodplain; or permitted la.nd uses within the floodplain, will be
totally free from flooding and associated 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 reliarlce 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 r,ot be affected.
(12) ANNEXED AREAS FOR CIlIES AND VILLAGES C
on the date of annexation shall remain in effect and shall be The Waukesha Cclunty floodplain zoning provisions in effect
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.
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Code. These annexed ldnds are described on the municipality's
official zoning map. County floodplain zoning provisions are
incorporated by reference for the purpose of administering this
administrator.
section and are on file in the office of the municipal zoning
2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
2.1 HYDRAULIC AND HYDROLOGIC ANA[=
(1) No development, except as provided in par. (2) below, shall be
allowed in floodplain dreas which will:
(a) Cause an obstruction to flow, defined in s. 10.1 as any
development which physically blocks the conveyance of
floodwaters by it!;elf or in conjunction with future similar
development causing an increase in regional flood height: or
(b) Cause an increase in regional flood height due to floodplain
storage area lost., which is equal to or exceeding 0.01 foot;
(2) Obstructions or increaws equal to or greater than 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. and only if the total
cumulative effect of the proposed development will not increase the
height of the regional flood more than 1 .O foot for the affected
hydraulic reach of the stream.
the proposed development wi'll cause an obstruction to flow or increase
(3) The zoning administrator shall deny permits where it is determined
in regional flood height of 0.01 foot or greater.
2.2 WATERCOURSE ALTERATIONS
Prior to any alteration or relocation of a watercourse, and prior to the
issuance of any land use permit which may be required for the alteration
or relocation of a watercourse, the local zoning official shall notify
in writing, adjacent municipalities. the appropriate district office of
the Department of Natural Resources and the appropriate office of FEMA
and shall require the applicant to secure all necessary state and
federal permits. The flood carrying capacity within the altered or
relocated portion of any watercourse shall be maintained.
2.3 CHAPTER 30, 31. WIS. STATS., DEVELOPMENT
Development which requires il permit from the Department of Natural
bridges, culverts, dams and navigational aids may be allowed provided
Resources, under ch. 30 and 31. Stats., such as docks, piers, wharves.
official floodway lines, wa.ter surface profiles, floodplain zoning maps
the necessary local permits are obtained and necessary amendments to the
or floodplain zoning ordinance. are made according to s. 8.0.
3.0 FLOODWAY DISTRICT (FW)
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APPLICABILITY
The provisions of this sec.:ion apply to all areas mapped as floodway On
general floodplain distric:: determined to be floodway according to the
the official floodplain zoning maps, and to those portions of the
procedures in s. 5.4.
PERMITTED USES
The following open space u:;es are allowed in the floodway district and
the floodway portion of thf! general floodplain district, providing
3.1
3.2
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:
Agricultural uses. such as: general farming, pasturing, outdoor
plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming and wild crop harvesting.
Nonstructural industrial and commercial uses, such as loading
areas, parking areas, and airport landing strips.
Nonstructural private and public recreational uses, such as golf
courses, tennis court:;, driving ranges, archery ranges, picnic
grounds, boat launchirlg ramps, swimming areas, parks, wildlife and
target ranges, trap arld skeet ranges, hunting and fishing areas,
nature preserves, game farms, fish hatcheries, shooting preserves.
and hiking and horseback riding trails, according to 5. 3.3(4).
Uses or structures acc:essory to open space uses. or essential for
historical areas, that: are not in conflict with the provisions in
ss. 3.3 and 3.4.
Extraction of sand, gravel or other materials according to
s. 3.3(4).
wharves, including those used as part of a marina, and other water
Functionally water-dependent uses such as: docks, piers or
aids and river crossirlgs of transmission lines, and pipelines,
related uses such as clams, flowage areas, culverts, navigational
according to chs. 30, 31, Wis. Stats.
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 s. 2.0; and have a low flood damage potential.
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(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 flmd height.
(c) The zoning administrator shall deny the permit application
where it is determined the project will increase flood
elevations upstre,m or downstream 0.01 foot or more, based on
the data submittell for par. (b), above.
(2) STRUCTURES: In or over floodway areas only structures which are
accessory to permanent open space uses, or are essential for
historical areas, or a"e functionally dependant on a waterfront
all of the following citeria.
location, may be allowed by permit, providing the structures meet
The structures are not designed for human habitation, or
associated with h.igh flood damage potential.
The structures are constructed and placed on the building site
and offer minimum obstruction to the flow of flood waters.
so as to cause an increase less than 0.01 foot in flood height
Structures shall be constructed with the longitudinal axis
parallel to the d'irection of flow of flood waters, and
approximately on ;:he same line as those of adjoining
structures;
floating away and restricting bridge openings or other
The structures arc! firmly anchored to prevent them from
restricted sections of the stream or river; and
The structures have all service facilities such as electrical
elevation for the particular area.
and heating equipment at or above the flood protection
(3) Public utilities, streets and bridges may be allowed by permit,
provided that:
(a) Adequate floodproofing measures are provided to the flood
protection elevation:
(b) Construction does not cause an increase in the regional flood
height according to s. 2.1, except where the water surface
ordinance are amerlded. as needed to reflect any changes
profiles, floodplain zoning maps and floodplain zoning
resulting from suc.h construction.
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(4) Fills or deposition of materials may be allowed by permit, provided
that:
(a) The requirements of s. 2 1 are met:
(b) The fill or deposition of materials does not encroach on the
of the stream unless a permit has been granted by the
channel area between the ordinary high water mark on each bank
Department of Natural Resources 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. 1334 has been
issued, if applicable, and the other requirements of this
section are met.
(c) The fill or other materials will be protected against erosion
by riprap, vegetative cover, sheet piling or bulkheading
sufficient to prevent erosion; and provided that
(d) Such fills are not associated with private or public solid
waste disposal.
3.4 PROHIBITED USES
All uses not listed as permitted uses in s. 3.2 are prohibited within
the floodway district and in the floodway portion of the general
floodplain district including the following uses which are always
prohibited in the floodway:
(1) Structures in, on or over floodway areas which are designed for
human habitation, associated with high flood damage potential, or
not associated with permanent open-space uses;
(2) The storage of any materials that are capable of floating,
flammable, explosive, or injurious to property, water quality, or
human, animal, plant, fish or other aquatic life;
(3) Any uses which are not in harmony with, or which may be detrimental
to, the 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
Adm. Code.
the applicable provisions of local ordinances and ch. ILHR 83, Wis.
(5) Any public or private wells which are used to obtain water for
ultimate human consumption; except those for recreational areas
that meet the requirements of local ordinances and chs. NR 111 and
NR 112, Wis. Adm. Code:
(6) Any solid and hazardous waste disposal sites, whether public or
private;
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(7) Any wastewater treatment ponds or facilities except those permitted
under s. NR 110.15(3)(b), his. Adm. Code;
(8) Any sanitary sewer or water supply lines except those to service
existing or proposed development located outside the floodway which
complies with the regLIlations for the floodplain area occupied
4.0 FLOODFRINGE DISTRICT (FF)
4 1 APPLICABILITY
The provisions of this section apply to all areas within the flood
fringe district, as shown c.n the official floodplain zoning maps, and to
those portions of the general floodplain district that are determined to
be in the floodfringe area pursuant to s. 5.4.
4 2 PERMITTED USES
Any structures, land use, or development, including accessory structures
and uses, are allowed within the floodfringe district and floodfringe
portions of the general floodplain district, provided that 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
(1) All of the provisions of s. 2.1 shall apply in addition to the
following requirements according to the use requested;
(2) RESIDENTIAL USES: Any structure or building used for human
habitation, which is t3 be erected, constructed, reconstructed,
altered, or moved into the floodfringe area shall meet or exceed
the following standards;
The elevation of the lowest floor excluding the basement or
crawlway. shall be at or above the flood protection elevation
on fill except where par. (b) is applicable. The fill
(which is a point two feet above the regional flood elevation)
elevation shall be one foot or more above the regional flood
elevation extending at least 15 feet beyond the limits of the
structure. The D,?partment may authorize other floodproofing
measures where existing streets or sewer lines are at
elevations which lnake compliance impractical provided the
dimensional restrictions.
Board of Adjustmelit/Appeals grants a variance due to
The basement or crawlway floor may be placed at the regional
flood elevation p:roviding it is floodproofed to the flood
floor, basement 01; crawlway below the regional flood elevation.
protection elevation. No permit or variance shall allow any
Contiguous dryland access, defined in s. 10.1. as a vehicle
access route above regional flood elevation, shall be provided
from a structure or building to land which is outside of the
floodplain, except as provided in par. (d).
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(d) In existing developments where existing streets or sewer lines
are at elevations which make compliance with par. (c)
impractical, the municipality may permit new development and
substantial improvements where access roads are at or below 0
the regional flood elevation, provided:
1. The municipality has written assurance from the
appropriate local units of police, fire and emergency
structure(s) by wheeled vehicles, considering the
services that rescue and relief will be provided to the
flood event; or
anticipated depth, duration and velocity of the regional
2. The municipality has an adequate natural disaster plan
approved by the Department
concurred with the Division of Emergency Government and
(3) ACCESSORY STRUCTllRES OR USES: An accessory structure or use
as defined in s. 10.1, not connected to a principal structure,
including nonresidential agricultural structures, shall meet
all the applicable provisions of ss. 3.3(1), (2) and (4). and
3.4. A lesser degree of protection, compatible with these
an accessory structure or use providing that the site is not
criteria and the criteria in sub. (4) may be permissible for
inundated to a depth greater than 2 feet or subjected to flood
velocities greater than 2 feet per second during the regional
flood.
(4) COMMERCIAL USES: Any commercial structure or building which
is to be erected, constructed, reconstructed, altered or moved
s. 4.3(2). Storage yards, parking lots and other accessory
into the floodfringe area shall meet the requirements of
structures or land uses may be at lower elevations, subject to
the requirements of sub. (6). However, no such area in
general use by the public shall be inundated to a depth
greater than two feet or subjected to flood velocities greater
than two feet per second during the regional flood.
may be allowed provided an adequate warning system exists to
Inundation of such yards or parking areas exceeding two feet
protect life and property.
(5) MANUFACTURING AND INDUSTRIAL USES: Any manufacturing, or
industrial structure or building which is to be erected,
floodfringe area shall be protected to the flood protection
constructed, reconstructed, altered or moved into the
elevation utilizing fill, levees, floodwalls, adequate flood
proofing measures in accordance with s. 7.5. or any
combination therwf. On streams or rivers having prolonged
flood durations, greater protection may be required to
minimize interference with normal plant operations. A lesser
degree of protection, compatible with the criteria in par. (4)
and (6) may be permissible for storage yards, parking lots and
other accessory structures or uses.
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flammable, explosive, or which in times of flooding, could be
STORAGE MATERIALS: The storage of materials that are buoyant,
injurious to property. water quality or human, animal, plant,
fish or aquatic life, shall be at or above the flood
protection elevation for the particular area or floodproofed
in compliance with s. 7.5. Adequate measures shall be taken
to assure that said materials will not enter the river or
stream during floclding.
PUBLIC UTILITIES, STREETS AND BRIDGES: All utilities, streets
and bridges shoulcl be designed to be compatible with the local
comprehensive flocjdplain development plans; and
(a) When failure or interruption of public utilities, streets
and bridges would result in danger to the public health
orderly functioning of the area, construction of and
or safety or where such facilities are essential to the
permitted if they are floodproofed. in compliance with s.
substantial improvements to such facilities may only be
7.5, to the flood protection elevation;
(b) Minor or aux'liary roads or nonessential utilities may be
constructed at lower elevations providing they withstand
flood forces to the regional flood elevation.
SEWAGE SYSTEMS: 1\11 on-site sewage disposal systems shall be
floodproofed to the flood protection elevation and shall meet
83, His. Adm. Code.
the applicable provisions of all local ordinances and ch. ILHR
NELLS' All public or private wells shall be floodproofed to
the flood protectron elevation, pursuant to s. 7.5. and shall
meet the applicable provisions of chs. NR 111 and NR 112. Wis.
Adm. Code.
(10) SOLID WASTE DISPO!;AL SITES: All public or private solid or
hazardous waste disposal sites are prohibited in floodfringe
areas.
(11) DEPOSITION OF MATIIRIALS: Any materials deposited for any
purpose may only Ibe allowed if all the provisions of this
ordinance are met.
(12) MOBILE HOMES AND MANUFACTURED HOMES
(a) Owners or op,?rators of all mobile manufactured home parks
provide for adequate surface drainage to minimize flood
and subdivisions located in the regional floodplain shall
damage.
(b) All new, replacement and substantially improved mobile
manufactured homes to be placed or improved on a site
located in the regional floodplain shall:
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1 be elevated to the flood protection elevation,
2. meet the residential development standards for the
floodfringe in s. 4.3.(2); and
3. be anchored so they do not float, collapse or move
laterally during a flood.
5.0 GENERAL FLOODPLAIN DISTRICT (GFP)
5.1 APPLICABILITY
The provisions for this district shall apply to all floodplains for
which "regional flood" data, as defined in Section 10.1 is not
available, or where regional flood data is available but floodways have
not been delineated As adequate regional flood data becomes available
and floodways are delineated for portions of this district, such
portions shall be designated in the floodfringe district or floodway
district, as appropriate.
5.2 PERMITTED USES
The general floodplain dist.rict encompasses both floodway and flood
fringe areas. Therefore, a determination shall be made pursuant to
s. 5.4, to determine whethe.: the proposed use is located within a
floodway or floodfringe areal.
Those uses permitted in floodways (5. 3.2) and floodfringe areas
to the standards of s. 5.3 ilnd provided that all permits or certificates
(5. 4.2) are allowed within the general floodplain district, according
required under s. 7.1 have Imn issued.
5.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT
Once it is determined according to s. 5.4 that a proposed use is located
within a floodway, the provisions of s. 3.0 shall apply. Once
determined that the proposed use is located within the floodfringe. the
provisions of s. 4.0 shall ilpply. All provisions of the remainder of
this ordinance apply 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, at the time of application, two
copies of an aerial photograph, or a plan which accurately locates
the proposed development with respect to the general floodplain
district limits, channel of stream, existing floodplain
developments, together with all pertinent information such as the
nature of the proposal, legal description of the property, fill
limits and elevations, building floor elevations and flood proofing
measures.
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(2) Require the applicant to furnish any of the following additional
of the effects of the proposal upon flood height and flood flows,
information as is deemed necessary by the Department for evaluation
the regional flood elevation and where applicable to determine the
boundaries of the floodway:
(a) A typical valley cross-section showing the channel of the
stream, the floodplain adjoining each side of the channel, the
development, and all historic high water information.
cross-sectional area to be occupied by the proposed
(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
1 ine of the streair.
(d) Specifications for building construction and materials, flood
materials, water supply and sanitary facilities proofing, filling, dredging, channel improvement, storage of
(3) Transmit one copy of the information described in pars. (1) and (2)
to the Department District office along with a written request for
where applicable, floosjway data. Where the provisions of technical assistance to establish regional flood elevations and,
s. 7.1(2)(c) apply, th,? 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
Insofar as the standards in this section are not inconsistent with
the provisions of s. 5!3.97(10), Stats., for counties or
s. 62.23(7)(h). Stats., for cities and villages, they shall apply
regulations apply to the modification of, or addition to, any
to all nonconforming u.;es and nonconforming structures. These
structure and to the u:;e 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:
e
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(b) 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.!j, by means other than the use of fill, to
the flood protectron elevation.
(2) No new on-site sewage disposal system, or addition to an existing
on-site sewage disposa'l system, except where an addition has been
ordered by a governmenr agency to correct a hazard to public
health, shall be allowt!d in a floodway area. Any replacement.
repair or maintenance of an existing on-site sewage disposal system
in a floodway area sha'll meet the applicable requirements of all
municipal ordinances and ch. ILHR 83. His. Adm. Code.
(3) No new well or modificiktion to an existing well, used to obtain
water for ultimate humikn 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 ch. NR 111 and NR 112,
Wis. Adm. Code.
6.3 FLOODFRINGE AREAS
(1) No modification or addition shall be allowed to any nonconforming
modification or addition has been granted a permit or variance by
structure or any structure with a nonconforming use unless such
the municipality. 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 5. 4.3,
except where s. 6.3(2) is applicable.
(2) Where compliance with the provisions of par. (1) would result in
unnecessary hardship, and only where the structure will not be used
for human habitation or be associated with a high flood damage
potential, the board of: adjustmentlappeals, 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:
(a) No floor is allowed below the regional flood elevation for
residential or conmercial structures; and
(b) Human lives are not endangered;
(c) Public facilities, such as water or sewer, will not be
installed;
(dl Flood depths will not exceed two feet;
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(c) Keep records of ,111 official actions such as:
1. All permits issued
2. Inspections made
3. Work approvc?d
4. Documentation of certified lowest floor and regional
flood elevations for floodplain development
5. Records of water surface profiles, floodplain zoning maps
and ordinances, nonconforming uses and structures
including changes. appeals, variances and amendments.
(d) Submit copies of the following items to the Department
district office:
1. Within 10 da.ys of the decision, a copy of any decisions
on variance:, appeals for map or text interpretations,
and map or text amendments:
2. Copies of any case-by-case analyses, and any other
annual summary of the number and types of floodplain
information required by the Department including an
zoning acticns taken.
(e) Investigate, prepare reports, and report violations of this
municipal attorney for prosecution. Copies of the violation
ordinance to the appropriate municipal zoning agency and the
reports shall also be sent to the Department District office.
(f) Submit copies of text and map amendments and biennial reports
to the regional office of FEMA.
(2) LAND USE PERMIT
A land use permit shall be obtained from the zoning administrator
before any new "development". as defined in s. 10.1, or any change
in the use of an existing building or structure including sewage
Application shall be made to the zoning administrator upon
disposal systems and water supply facilities may be initiated.
furnished application .Forms and shall include the following data:
(a) GENERAL INFORMATIOJ
1. Name and add.ress of the applicant, property owner and
contractor - builder:
2. Legal description of the property, type of proposed use,
and an indimtion as to whether new construction or a
modification to an existing structure is involved:
D
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The estimated cost of the proposal shall include all
structural cevelopment. 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.
2 The Department will determine regional flood elevations
and evaluate the proposal where the applicant is not required
to provide computations as above, and inadequate data exists.
The municipality may transmit additional information, such as
the data in s. 5.4(2) where appropriate, to the Department
with the request for analysis.
(d) EXPIRATION
All permits issued under the authority of this ordinance shall
expire ( &.;myear) 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
required, subject to the following provisions:
issued by the zoning administrator, except where no permit is
(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) The certificate OF compliance shall be issued within 10 days
after written notification of completion of the work specified
use conforms with all the provisions of this ordinance.
in the permit, provided the building or premises or proposed
(d) The applicant sha'll submit a certification signed by a
registered professional engineer or registered land surveyor
that the fill, lowest floor and floodproofing elevations are
also require Certification by a registered professional
in compliance with the permit issued. Floodproofing measures
meets the requirements of s. 7.5.
engineer or registered architect that floodproofing adequacy
(4) OTHER PERMITS
necessary permits from all appropriate federal, state, and local
It is the responsibility of the applicant to secure all other
agencies, including those required by by the U.S. Army Corps of
amendments of 1972, 33 U.S.C. 1334.
Engineers under s. 404 of the Federal Water Pollution Control Act
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(b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES
1. Notice - The board shall:
a. Fix a masonable time for the hearing,
b Publish adequate Class 1 or 2 notice pursuant to
Wisconsin Statutes, specifying the date, time, place
and sub.ject of the hearing;
c. Assure .that notice shall be mailed to the parties in
at least 10 days in advance of the hearing
interes.t and the district office of the Department
2. Hearing - An.y party may appear in person or by agent or
attorney The board shall:
a. Resolve boundary disputes according to s. 7.3(3);
b. Decide ,dariance 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 tlie district office of the Department within
10 days of tlie decision;
3. Be a written determination signed by the chairman or
secretary of the board;
4. State the spl?cific facts which are the basis for the
Board's decision;
5. Either affirm. reverse, vary or modify the order,
or in part, Idismiss the appeal for lack of jurisdiction requirement, decision or determination appealed, in whole
or grant or #deny the application for a variance;
6. Include the 'reasons or justifications for granting an
appeal, with a description of the hardship or practical
difficulty dl?monstrated by the applicant in the case of a
variance, cll?arly stated in the recorded minutes of the
board proceeldi ngs.
(3) BOUNDARY DISPUTES
The following procedurl? shall be used by the board of
adjustmentlappeals in hearing disputes concerning the district
boundaries shown on thl? official floodplain zoning map:
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(a) Where a floodplain district boundary is established by
approximate or detailed floodplain studies the regional flood
elevations or profiles for the point in question shall be the
governing factor in locating the district boundary. If no
regional flood elevations or profiles are available to the
board, other avai lable evidence may be examined.
(b) In all cases, the person contesting the location of the
district boundary shall be given a reasonable opportunity to
present arguments and technical evidence to the board of
adjustmentlappeals.
(c) Where it is determined that the district boundary is
committee or the person contesting the location of the
incorrectly mapped. the board should inform the zoning
boundary to petition the governing body for a map amendment
according to s. 8 0.
(4) VARIANCE
(a) The Board of AdjustmentlAppeals may, upon appeal, grant a
variance from the dimensional standards of this ordinance
where an applicant convincingly demonstrates that:
1. Literal enforcement of the provisions of the ordinance
will result .in practical difficulty or unnecessary
hardship on .the applicant;
2. The hardship is due to adoption of the floodplain
ordinance and speclal conditions unique to the property;
not commn to a group of adjacent lots or premises (in
such case the ordinance or map must be amended),
3. Such varianc8.r is not contrary to the public interest;
4. Such varianc.5 is consistent with the purpose of this
ordinance stated in s. 1.3.
(b) A variance shall not:
1.
2.
3
4.
5.
6.
Grant, extend or increase any use of property prohibited
in the zoning district;
Be granted for a hardship based solely on an economic
gain or loss;
Be granted for a hardship which is self-created;
Damage the rights or property values of other persons in
the area;
Permit a lower degree of flood protection in the
floodplain than the flood protection elevation;
Allow any floor, basement or crawlway below the regional
flood elevatjon for residential or commercial structures;
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7 Allow actions without the amendments to this ordinance or
map(s) required in s. 8 1.
(c) When a variance is granted in a floodplain area the Board
shall notify the applicant in writing that 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 (5. 7.2) or Board of Adjustment/Appeals shall
review all data 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) Floodwaylfloodfringe determination data in 5. 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 proced'wes of s. 7.3;
(b) Consider Zoning Agency recommendations;
(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
made with all adversely affected property owners. profile and map and all appropriate legal arrangements are
(b) Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase equal
denial exist.
to or greater than 0.01 foot provided no other reasons for
7.5 FLOODPROOFING
(1) No permit or variance shall be issued until the applicant submits a
architect that the floodproofing measures are adequately designed
plan or document certified by a registered professional engineer or
elevation.
to protect the structure or development to the flood protection
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(2) Where floodproofing measures, as defined in s. 10 1 are required,
they shall be designed to:
(a) Withstand the floDd pressures, depths, velocities, uplift and
flood;
impact forces, and other factors associated with the regional
(b) Assure protection to the flood protection elevation;
(c) Provide anchorage of structures to foundations to resist
flotation and lateral movement;
(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:
Reinforcement of walls and floors to resist rupture or
collapse caused by water pressure or floating debris;
Addition of mass or weight to structures to prevent flotation;
elevation;
Placement of essential utilities above the flood protection
Surface or subsurface drainage systems, including pumping
facilities, to relieve external foundation wall and basement
floor pressures:
Construction of water supply wells, and waste treatment
systems;
systems to prevent the entrance of flood waters into the
Cutoff valves on sewer lines or elimination of gravity flow
basement drains.
7.6 PUBLIC INFORMATION
(1) Where useful, marks on 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 maps, engineering data and
distributed.
regulations shall be readily available and should be widely
(3) All legal descriptions of property in the floodplain should include
such property is transferred.
information relative to the floodplain zoning classificatlon when
8.0 AMENDMENTS
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0
!
e
8.1 GENERAL
floodplain zoning districts and the regulations contained in this
The governing body may chan'ge or supplement the boundaries of the
ordinance in the manner provided by law. Actions which require an
amendment include, but are not limited to, the following:
(1) Any change to the offi8:ial floodplain zoning map includi*ng the
floodway line or boundm3ry of any floodplain area;
(2) Correction of signifimnt 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 lyilig outside the floodplain;
(4) Any fill or encroachment into the floodplain that will obstruct
flow causing an increa.;e 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 municipdl i ty
8.2 PROCEDURES
Amendments to this ordinance may be made upon petition of any interested
party according to the provisions of s. 62.23. Stats., for cities and
villaqes. or 59.97. Stats.. for counties. Such oetitions shall include
0
-. necessary data-required by ss. 5.4 and 7.1(2j.
Copies of any amendmen.t 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
amendment and notice OF the public hearing shall be submitted to
the appropriate District office of the Department of Natural
Resources for review pi-ior to the hearing. The amendment procedure
and villages or s. 59.197, Stats., for counties.
shall comply with the provisions of s. 62.23. Stats.. for cities
effective until reviewed and approved by the Department.
No amendment to the maps or text of this ordinance shall become
All persons petitioning for a map amendment which involves an
obstruction to flow causing an Increase of 0.01 foot or more in the
other appropriate legal arrangements, from all adversely affected
height of the regional flood shall obtain flooding easements, or
property owners and no.tify local units of government before the
amendment can be approved by the governing body.
When considering amendments to the official floodplain zoning map,
or board shall consider data submitted by the Department, the
in areas where no water surface profiles exist. the zoning agency
zoning administrator's visual on-site inspections and other
available information. (See s. 1.5(4).)
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9.0 ENFORCEMENT AND PENALTIES
Any violation of the provisions of this ordinance by any person shall be
expeditiously prosecute all such violators. A violator shall, upon
unlawful and shall be referred to the municipal attorney who shall
conviction, forfeit to the municipality a penalty of not less than
$ 1 .OO and not more than $ 200.00. together with a taxable cost of
separate offense. Every violation of this ordinance is a public
such action. Each day of continued violation shall constitute a
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.
10.0 DEFINITIONS
10.1 Unless specifically defined below, words and phrases used in this
ordinance shall have the same meaning as they have at common law and to
give this ordinance its most reasonable application. Words used in the
present tense include the future, the singular number includes the
plural and the plural number includes the singular. The word "may" is
permissive, "shall" is mandatory and not discretionary.
(1) "A ZONES" - Those areas shown on the "Official Floodplain Zoning
Map" (see below) which would be inundated by the "regional flood"
as defined below. These areas may be numbered or unnumbered A
depending on the availability of data for a given area.
Zones. The A Zones may or may not be reflective of flood profiles,
(2) "ACCESSORY STRUCTURE 0- - A detached subordinate structure or
a use which is clearly incidental to and customarily found in
connection with the principal structure or use to which it is
related, and which is located on the same lot as that of the
principal structure or use.
(3) "BUILDING" - See STRUCTURE.
(4) "BULKHEAD LINE" - A geographic line along a reach of navigable
water that has been adopted by a municipal ordinance and approved
by the Department of Natural Resources 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.
(5) "CERTIFICATE OF COMPLIANCE" - A certification issued by the zoning
administrator statina 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.
(6) "CHANNEL" - A natural or artificial watercourse with definite bed
and banks to confine and conduct normal flow of water.
(7) "DEPARTMENT" - The Wisconsin Department of Natural Resources.
- 27 -
(8) "DEVELOPMENT" - means 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 substantial improvements to buildings.
structures or accessory structures; the placement of buildings or
structures; mining, dredging, filling, grading, paving, excavation
or drilling operations; and the storage, deposition or extraction
of materials, public or private sewage disposal systems or water
supply facilities.
(9) "DRYLAND ACCESS" - mea.ns a vehicular access route which is above
floodplain to land outside the floodplain, such as a road with its
the regional flood elevation and which connects land located in the
surface above regional flood elevation and wide enough for wheeled
rescue and relief vehicles.
(10) "ENCROACHMENT" - Any fill, structure, building, use or development
in the floodway.
(11) "EXISTING MANUFACTURED OR MOBILE HOME PARK OR SUBDIVISION" - A
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale on which the construction of
facilities for servicing the lots (including, at a minimum, the
of concrete pads, and the construction of streets) is completed installation of utilities, either final site grading or the pouring
before the effective date of this ordinance.
(12) "EXPANSION TO EXISTING MOBILElMANUFACTURED HOME PARK" - means the
preparation of additional sites by the construction of facilities ~. for servicing the lots on which the mobile homes are to be placed.
This includes installation of utilities, either final site grading,
pouring pads, or construction of streets.
(13) "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal agency
that administers the National Flood Insurance Program. This agency
or Department of Housing and Urban Development (HUD).
was previously known as the Federal Insurance Administration (FIA).
(14) "FLOOD" or "FLOODING" - means a general and temporary condition of
partial or complete inundation of normally dry land areas caused by:
(a) The overflow or rise of inland waters;
(b) The rapid accumulation or runoff of surface waters from any
source; and
or Lake Superior; and
anticipated cyclical levels along the shore of Lake Michigan
(c) The inundation caused by waves or currents of water exceeding
(d) The sudden increase caused by an unusually high water level in
a natural body of water, accompanied by a severe storm, or by
an unanticipated -Force of nature, such as a seiche, or by some
similarly unusual event.
- 28 -
(15) "FLOOD FREQUENCY" - means the probability of a flood occurrence. A
flood frequency is generally 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 (X) chance of occurring in any given year.
(16) "FLOODFRINGE" - That portion of the floodplain outside of the
floodway which is covered by flood waters during the regional flood
and generally associated with standing water rather than flowing
water.
(17) "FLOOD HAZARD BOUNDARYMAP" - A map prepared by FEMA designating
approximate flood haza.rd areas. Flood hazard areas are designated
as unnumbered A-Zones and do not contain floodway lines or regional
flood elevations. Said map forms the basis for both the regulatory
and insurance aspects of the National Flood Insurance Program.
(18) "FLOOD INSURANCE STUDY: - A technical engineering examination,
evaluation, and determination of the local flood hazard areas. It
flood and provides both flood insurance rate zones and regional
provides maps designating those areas affected by the regional
flood elevations and may provide floodway lines. The flood hazard
areas are designated as numbered and unnumbered A-Zones. Flood
insurance study maps form the basis for both the regulatory and the
insurance aspects of the National Flood Insurance Program.
(19) "FLOODPLAIN" - That land which has been or may be hereafter covered
by flood water during the regional flood. The floodplain includes
floodplain areas for regulatory purposes.
the floodway and the floodfringe. and may include other designated
(20) "FLOODPLAIN ISLAND" - means a natural geologic land formation
within the floodplain that is surrounded, but not covered, by
floodwater during the regional flood
(21) "FLOODPLAIN MANAGEMENT: - means the full range of public pol icy and
action for insuring wise use of floodplains. It includes
everything from the collection and dissemination of flood data to
administration of codes, ordinances and statutes for land use in
the acquisition of floodplain lands and the enactment and
the floodplain.
(22) "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.
(23) "FLOODPROOFING" - means 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.
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(24) "FLOOD PROTECTION ELEVATION" - An elevation two feet of freeboard
above the water surfac:e profile elevation designated for the
regional flood. (Also see. FREEBOARD.)
(25) "FLOOD STORAGE" - mearls those floodplain areas where storage of
floodwaters has been t:aken into account during analysis in reducing
the regional flood dizcharge.
(26) "FLOODWAY" - The chanrlel of a river or stream and those portions of
flood discharge.
the floodplain adjoining the channel required to carry the regional
(27) "FREEBOARD" - means a flood protection elevation requirement
a specified number of feet above a calculated flood level.
designed as a safety factor which is usually expressed in terms of
Freeboard compensates for the effects of any factors that
factors include, but are not limited to, ice jams, debris
contribute to flood heights greater than those calculated. These
accumulation, wave action, obstruction of bridge openings and
watershed, loss of flcod storage areas due to development and
floodways, the effects of urbanization on the hydrology of the
aggregation of the river or stream bed.
(28) "HABITABLE BUILDINGS" - means any building, or portion thereof used
for human habitation.
(29) "HEARING NOTICE" - means publication or posting meeting the
requirements of Ch. 985. Stats. Class 1 notice is the minimum
required for appeals: Published once at least one week (7 days)
before the hearing. .I;lass 2 notice is the minimum reauired for all
zoninq ordinances and amendments includinq map amendments:
week (7 days) before the hearins. Local ordinances or bylaws may
published twice. once each week consecutivelv. the last at least a
require additional notice, exceeding these minimums.
"HIGH FLOOD DAMAGE POTENTIAL" - means damage that could result from
floodinq that includes any danger to life or health or any
signifiiant economic loss-to a-structure or building and its
contents.
"HUMAN HABITATION" - means a human residence or dwelling.
"INCREASE IN REGIONAL FLOOD HEIGHT" - means a calculated upward
rise in the reaional flood elevation, eaual to or greater than
0.01 foot, resilting comparison of existing conditions and proposed
floodplain but not attributable to manipulation of mathematical
conditions which is directly attributable to development in the
variables such as roughness factors, expansion and contraction
coefficients and discharge.
real estate. (Also see DEVELOPMENT.)
"LAND USE" - Any nonstructural use made of unimproved or improved
- 30 -
(34) "MOBILE HOME" OR "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. For the purpose of this
ordinance, it does not include recreational vehicles or travel
trailers.
(35) "MUNICIPALITY" or "MUNICIPAL" - means the county, city or Village
governmental units enacting, administering and enforcing this
zoning ordinance.
(36) "NGVD" or "NATIONAL GEODETIC VERTICAL DATUM" - means elevations
referenced to mean sea level datum, 1929 adjustment.
(37) "NONCONFORMING STRUCTURE" - An existing lawful structure or
building which is not in conformity with the dimensional or
floodplain which it occupies. (For example, an existing
structural requirements of this ordinance for the area of the
use. However, if the first floor is lower than the flood
residential structure in the floodfringe district is a conforming
protection elevation, the structure is nonconforming.)
(38) "NONCONFORMING USE" - .An existing lawful use or accessory use of a
structure or building ,Irhich 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.)
(39) "OBSTRUCTION TO FLOW" .- means any development which physically
blocks the conveyance #of floodwaters such that this development by
itself or in conjunction with any future similar development will
cause an increase in regional flood height.
(40) "OFFICIAL FLOODPLAIN ZONING MAP" - That map, adopted and made part
of this ordinance, as ldescribed in s. 1 5(2). which has been
approved by the Department of Natural Resources and FEMA.
(41) "OPEN SPACE USE" - Tho,;e uses having a relatively low flood damage
potential and not involving structures.
(42) "ORDINARY HIGHWATER MARK" - The point on the bank or shore up to
which the presence andaction of surface water is so continuous as
prevention of terrestrial vegetation, predominance of aquatic
to leave a distinctive mark such as by erosion, destruction or
vegetation, or other eilsily recognized characteristic.
(43) "PERSON" - An individual. or group of individuals, corporation,
partnership, association, municipality or state agency.
(44) "PRIVATE SEWAGE SYSTEM'; - means a sewage treatment and disposal
system serving a single structure with a septic tank and soil
absorption field located on the same parcel~as the structure. This
department of industry., labor and human relations including a
term also means an alternative sewage system approved by the
tank, a system serving more than one structure or a system located
substitute for the septic tank or soil absorption field, a holding
on a different parcel 1:han the structure.
- 31 -
(45) "PUBLIC UTILITIES" - msans those utilities using underground or
overhead transmission lines such as electric, telephone and
telegraph, and distribJtion and collection systems such as water,
sanitary sewer and storm sewer.
(46) "REGIONAL FLOOD" - A flood determined to be representative of large
floods known to have occurred in Wisconsin or which may be expected
to occur on a particuldr lake, river or stream once in every 100
years.
(47) "STRUCTURE" - Any manmade object with form, shape and uti1 ity,
either permanently or temporarily attached to, placed upon or set
into the ground, stream bed or lake bed, which includes, but is not
limited to, such objec.ts as roofed and walled buildings, gas or
liquid storage tanks, Ibridges. dams and culverts.
(48) "SUBSTANTIAL IMPROVEMEIqL - Any structural repair, reconstruction,
or improvement of a sti-ucture, the cost of which equals or exceeds
fifty percent (50%) of the present equalized assessed value of the
structure either before the improvement or repair is started, or if
damage occurred. The .term does not, however, include either:
the structure has been damaged, and is being restored, before the
(a) Any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
living conditions,
(b) Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society, or
listed on the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs,
modifications or additions. Such ordinary maintenance repairs
the replacement of doors, windows, and other nonstructural
include internal and external painting, decorating, paneling, and
components. (For purposes of this definition, "substantial
any wall, ceiling, floor, or other structural part of the building
improvement" is considered to occur when the first alteration of
commences, whether or not that alteration affects the external
dimensions of the structure.)
(49) "UNNECESSARY HARDSHIP" - means that clrcumstance where special
conditions affecting a particular property, which were not
governing areas, setbacks, frontage, height or density
self-created, have made strict conformity with restrictions
of the ordinance.
unnecessarily burdensome or unreasonable in light of the purposes
(50) "VARIANCE" - means 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 contained in the floodplain zoning ordinance.
- 32 -
(51) "WATERSHED" - means the entire region or area contributing runoff
or surface water to a particular watercourse or body of water.
(52) "WATER SURFACE PROFILE" - means a graphical representation showing
position along a reach of river or stream at a certain flood flow.
the elevation of the hater surface of a watercourse for each
floodplain areas.
A water surface profile of the regional flood is used in regulating
(53) "WELL" - means an excavation opening in the ground made by digging,
obtaining groundwater regardless of its intended use.
boring, drilling, driving or other methods, for the purpose of
"
-33-
MODEL FLOODPLAIN ZONING ORDINANCE ADDENDUM
for Hobile/Manufactured Homes
September 1990
-
To reflect the 1989 changes to the Federal Emergency Management Agency's
(FEMA) National Flood Insurance Program regulations, the following changes
March 1988. The DNR Model Floodulu Zoning Ordinance has a yellow cover, the
should be made to the Department's model floodplain zoning ordinances, dated
Model for combined Floodplain and Shoreland-Wetland Zoning has a gray cover.
1.
2.
Section 4.3(12) of the Yellow DNR Model. and s. 4.1(6) of the Gray DNR
Model Should read.
" (12) MOBILE HOMES AND MANUFACTURED HOMES
(a) Owners or operators of al:! mobile/manufactured home parks and
subdivisions located in the regional floodplain must provide for
adequate surface drainage to minimize flood damage and urepare. secure
approval and file an evacuation plan. indicating vehicular access and
escape routes, with the amrouriate local emerpency management
authorities.
(b) In existing mobile home parks, all new homes with new pads,
replacement units on existing pads, and substantially improved
mobile/manufactured homes and recreational vehicles that remain on-
site in excess of 180 day:;. or are unlicensed or not ready for highway
use and which are placed or improved on a site located in the regional
floodplain shall;
1. have the lowest floor elevated to the regional flood elevation;
2. be anchored so they do not float, collapse or move laterally
and
during a flood.
(c) Outside existine mobile home parks. all new. replacement and
Substantially improved mobile/manufactured homes and recreational
vehicles that remain on-site in excess of 180 days. are unlicensed or
which are not ready for h-iphwav use and which are placed or improved
on a site located in the :regional floodulain shall meet the
residential development s::andards for the floodfrinee in s. 4.3(2)."
In both models, change the definitions below as shorn:
"(34) "MOBILE HOME" 'MANUFACTURED HOME" - a structure transportable in one
be used with or without a permanent foundation when connected to required
or more sections, which is bu.ilt on a permanent chassis and is designed to
utilities. For the purpose o:E this ordinance, it does not include
recreational vehicles or travel trailers w-
for hivhwav use and urovidine they remain on site less than 180 days."
If you have questions please contact your DNR district floodplain management
specialist or water regulation supervisor or call (608) 266-0161.
v~~\9106\wz9mobil, lzg
-34-
MODEL PLOODPLRIN ORDINANCE ADDENDUM
for Historical Structures; Substantial Improvements
June 1990
To reflect the 1989 changes to the Federal Emergency Management Agency's
(FEEIA) National Flood Insurance Program regulations, the following changes
March 1988. The DNR Model Floodula Zoning Ordinance has a yellow cover, the
should be made to the Department's model floodplain zoning ordinances, dated
Model for combined Floodplain and Shoreland-Wetland Zoning has a gray cover.
1.
2.
3.
4.
Yellow DNR Model-. PAGE 6. SECTION 3.2(4) Grev DNR Model. s. 4.2(2)(dl;
Change this to read:
historic structures, that are not in conflict with the provisions in
"uses or Structures accessory to open space uses, or those classified as
ss. 3.3 and 3.4."
Yellow DNR Model. PAGE 7. SECTION 3.3(21: Change this to read:
"(2) STRUCTURES: In or over floodway areas only structures which are
accessory to permanent open space uses, or those classified as historic
structures or are functionally dependent on a waterfront location, may be
criteria:"
allowed by permit. providing the structures meet all of the following
The grey DNR model ordinance section 4.2(3)(b) should also read as above.
Yellow Model. PAGE 23. SECTION 7.314)(b) and Prev Model. s. 6.6 (2) (new
sub. "="I; Add the following language:
"8. Allow anv alteration of a historic structure. includinp its use,
which would ureclude its continued desimation as a historic structure."
Yellow Model. PAGE 29. SECTION 10.1. and Grev Model. S. 9.1; Add the
following definition:
"HISTORIC STRUCTURE" - means any structure that is:
preliminarily determined by the Secretary of the Interior as meeting the
(a) Listed individually in the National Register of Historic Places or
rehuirements for individual listing on the National Register;
as contributing to the historical significance of a registered historic
(bj Certified or preliminarily determined by the Secretary of the Interior
district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
with historic preservation programs which have been approved by the
(c) Individually listed on a state inventory of historic places in states
Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified
either by an approved state program, as determined by the Secretary of the
approved programs."
Interior: or directly by the S.ecretary of the Interior in states without
.
-35-
5. Add to or change the definitim of "mobile or manufactured home to add the
underlined phrase:
or more sections, which is built on a permanent chassis and is designed to
"(34) Mobile home or manufactu.red home" - a structure transportable in one
be used with or without a permanent foundation when connected to required
utilities. For this ordinance, it noes not include recreational vehicles
or travel trailers which remain licensed and readv for hiehwav use and
providine they remain on site less than 180 davs."
6. Change the definition of "substantial improvement" as noted below:
"(b) Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on the
National Register of Historic Places.provided the alteration will not
preclude the structure's concinued desienation as a historic structure,"
If you have questions please contact your DNR district floodplain management
specialist or water regulation supervisor or call (608) 266-0161.
Date of Public Hearing: Class 2 Hearing Notice Publication
Date of Adoption: Dates:
Date of Publication: (Second must be at least
7 days before hearing,
see definition)
85191
STATE OF WISCONSIN )
Milwaukee County ) , ) ss.
ClTY OF MUSJKEGO Off ic&tIJbtice
COMMON COUNCIL
nRnlNAN(1E # 712 "- .... - . " ... "
RECREATE CHAPTER 14 OF THE MUN- AN ORDINANCE TO REPEAL AND
ICIPAL CODE OF THE crw OF ~ ~~~
MUSKEGO
THE COMMON COUNCIL OF THE CITY
(Fld Plain Ordinance)
OF MUSKEGO, WISCONSIN. DO ORDm AS FOLLOWS SECTION 1: Chapter 14 of the Municipal
Code of the City of Muskego. Wisconsin. is
hereby repealed and recreated. SECTION 2: Chapter 14 of the Municipal
Code, entitled "An Ordiianee to Amend
Chapter 14 of the Municipal Code of the City
of Muskego (Flood Plain Ordinance)," and
adopted 8s Ordinance Y 441. is hereby
adopted and made part of the Municipal
Code of the City.
been on fie in the office of the City Clerk
SECTION 3: A mpy of said Ordinance has
and open to public inspection for not less
Ordinance
than two weelre prior to the date of this
and said Ordinance ia hereby
incorporated intn the Municipal Code of the
City.
Ordinance are declared ta be severable. If SECTION 4 The several &ions of this
hy don or portion thereof shall be
declared by a decisioK of a murt of mmp-
tent jurisdiction to be invalid. unlawful, or
unenforceable, such decision shall apply
only to the specif~c &ion or portion thereof
didly speded in the decision. and not
affect the validity of d other provisions,
sections, or portion thereof of the Ordinance
which shall remain in full fom and effect.
conflict with the provisions of this Ordinance
Any other ordinance whose tern are in
are hereby repealed as to thwe terms that
codict. SECTION 5: This Ordinance shall be in
full force and effect fmm and aRer ita
passage ind publication.
DAY OF APRIL. 1991.
PASSED AND APPROVED THIS 23RD
CITY OF MUSKEGO
being duly sworn,
doll1 depose and say lhal lie is an aulhorized represenlalive 01
The ... Jtwikc~:o .SUII. ......................
anewspaper published al ... Muske~~. ..............
Wisconsin and lhal an adverlisemenl 01 which the annexed is a
true copy, laken from said paper, was published lherein on
...........................
........................... . MA! d ,I, I%$? _. ' ........................
......... ..........
.........................
?./d ......A *.
n
. .....
.................... -
BOOKKEEPER,
Subscribed and sworn lo before me lhis ... .2nh. .. day
/ai Wayne G. Salentine
Mayor
ATTEST
Is/ Jean K Marenda
City Clerk
Published on the 2nd day
of May, 1991