ORD20061214.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1214
AN ORDINANCE REPEAL AND RECREATE CHAPTER 14
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Floodplain Zoning Ordinance)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1: Chapter 14 is hereby repealed and recreated and made a part of the
Municipal Code of the City of Muskego as adopted by Ordinance #1214.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer and open to public inspection for not 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 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 28th DAY OF FEBRUARY ,2006
First Reading: 02/14/06
Published on the 9th day of March,
2006.
ATTEST:
2/06jmb ~J
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1214
AN ORDINANCE REPEAL AND RECREATE CHAPTER 14
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Floodplain Zoning Ordinance)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as
follows:
SECTION 1: Chapter 14 is hereby repealed and recreated to read as follows:
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CITY OF MUSKEGO
CHAPTER 14 - FLOODPLAIN ZONING ORDINANCE
(Ord.1I712 05102191
1.0 STATUTORY AUTHORIZATION. FINDING OF FACT. STATEMENT OF PURPOSE.
TITLE AND GENERAL PROVISIONS.
1.1 STATUTORY AUTHORIZATION
This zoning ordinance is adopted pursuant to the authorization in ss. 61.35 and 62.23, for villages and
cities; 59.9+69, 59.9+4-692 and 59.W-694 for counties; and s. 87.30, Wis. Stats.
1.2 FINDING OF FACT
Uncontrolled development and use of the floodplains, rivers or streams of this
municipality would adversely affect the public health, safety, convenience, general
welfare, and impair the tax base.
1.3 STATEMENT OF PURPOSE
To regulate development in flood hazard areas to protect life, health and property the
governing body does ordain:
The purpose of these rules is to provide a uniform basis for the preparation,
implementation and administration of sound floodplain regulations for all floodplains
within the municipality to:
(1) Protect life, health and property;
(2) Minimize expenditures of public monies for costly flood control projects;
(3) Minimize rescue and relief efforts, generally undertaken at the expense of the tax
paying public;
(4) Minimize business interruptions which usually result in the loss of local incomes;
(5) Minimize damage to public facilities on the floodplains such as water mains, sewer
lines, streets and bridges;
(6) Minimize the occurrence of future flood blight areas on floodplains
(7) Prevent increases in regional flood heights that could increase flood damage and may
result in conflicts or litigation between property owners.
(8) Discouraqe the victimization of unwary land and homebuyers
(9) Discouraqe development in a floodplain if there is any practicable alternative to locate
the activity, use or structure outside of the floodplain.
1.4 TITLE
Ordinance #1214 Page 2
This ordinance shall be known as the Floodplain Zoning Ordinance for the City of .-
Muskego, Wisconsin.
1.5 GENERAL PROVISIONS
(1) AREAS TO BE REGULATED
This ordinance regula1es all areas that would be covered bv the regional tlood or base tlood.
Note: Base tlood elevations are derived from the tlood profiles in the Flood Insurance Study.
Regional tlood elevations may be derived from other studies. Areas covered bv the base tlood
are identified as A-Zones on the Flood Insurance Rate Map.l\reas 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" (defined in
s. 10.1) designated on the official map where emergency rescue and relief routes
'....ould be inundated by the regional flood.
(2) OFFICIAL MAP & REVISIONS (Ord. #759 7 28 92)
The boundaries of all fleodplain districts are desiqnated as floodplains or A-Zones
on the maps listed below and the revisions in the City of Muskeqo Floodplain
Appendix. Any chanqe to the base flood elevations (BFE) in the Flood Insurance
Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and
approved by the DNR and FEMA before it is effective. No chanqes to reqional flood
elevations (RFE's) on non-FEMA maps shall be effective until approved by the .
DNR. These maps and revisions are on file in the office of the Planninq
Department. City of Muskeqo. If more than one map or revision is referenced, the
most current approved information shall apply.
OFFICIAL MAPS: Based on FiS
(a) The boumbrj of the floodpl3in districts including the floodway, flooefringe
and other flooeplain eistricts, are those aroas designatee as flooel3lains or
1'. Zones on the following mal3: Flooe Boundary ane Floodway Maps
(FBFW) preparee by Federal Emergency Management Agency (FEMA),
panel number 550486, eated December 1. 1982.
This mal3, datee December 1, 1 982, is the official flooel3lain zoning map ane
has been approved by the Department of Natural Resources and the
Federal Emergency Management I',gency (FEM^), ane is on file in the office
of the City Clerk. If more than one map is ref-orenced the regional flooe
profiles govern bouneary discrel3ancies accoreing to l3ar. (1) below.
Approvee by: The DNR ane FEMA
OFFICIAL MAPS: Basee on other stueies
In addition thereto;
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Ordinance #1214
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(9.0) The boundary of the floodplain districts including the floodway, floodfringe
and other floodplain districts, for the area south of the Little Muskego Lake
Dam are those areas designated as floodplain and floodway along the
Muskego Canal on the following map: 100 Year Floodplain/Floodway
Muskego Canal prepared by Ruekert & Mielke, the City's consulting
engineers.
(9.6)
_(ça)
This map, dated February 1998, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on file
in the office of the Clerk-Treasurer. (Ord. #945 - 03-05-98)
The boundary of the floodplain districts including the floodway, floodfringe
and other floodplain districts, for Lots 5 and 6 of Woodside Estates on the
following two plats of survey prepared by Metropolitan Engineering, Inc., the
Developer's consulting engineers and land surveyors. These surveys dated
January 6, 1993 and January 12, 1993 are the official Floodplain Zoning
Map and have been approved by the Department of Natural Resources, and
are on file in the office of the City Clerk. (Ord. #782 - 03-04-93)
The boundary of the floodplain districts including the floodway, floodfringe
and other floodplain districts, are those areas designated as floodplain
districts or A-Zones on the following map: the amended flood boundary and
floodway map, Community Panel Number 550486 0002 prepared by
Ruekert & Mielke, the City's consulting engineers.
This map, dated June 22, 1993, with corresponding Floodway Data Table
below is the official Floodplain Zoning Map and has been approved by the
Department of Natural Resources, and is on file in the office of the City
Clerk. (Ord. #803 - 07/22/93)
FLOODWAY DATA TABLE
Elevation Floodwav Width Section No.
14.0
13.0
12.0
10.0
8.0
6.0
4.0
4.1
2.0
805.50 46
805.55 35
805.60 26
806.14 24
807.17 28
808.01 27
809.01 27
810.19 35
811.10 9
(ge) The boundary of the floodplain districts including the floodway, floodfringe
and other floodplain districts, are those areas designated as floodplain
districts or A-Zones on the following map: the amended flood boundary and
floodway map, Community Panel Number 550486 0005 prepared by
Metropolitan Engineering.
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Ordinance #1214 Page 4
This map, dated July 8, 1993, is the official Floodplain Zoning Map and has .
been approved by the Department of Natural Resources, and is on file in the
office of the City Clerk. (Ord. #805 - 08-05-93)
(~f) The boundary of the floodplain districts including the floodway, f100dfringe
and other floodplain districts, are those areas designated as floodplain
districts or A-Zones on the following map: the amended flood boundary and
floodway map, Community Panel Number 550486 0004 prepared by Pioneer
Engineering and Surveying.
This map, dated May 14,1993, is the official Floodplain Zoning Map and has
been approved by the Department of Natural Resources, and is on file in the
office of the City Clerk. (Ord. #806 - 08-05-93)
@) The boundary of the floodplain districts including the f1oodway, f100dfringe
and other floodplain districts for the area north of Woodland Place on either
side of Brookside Drive, 100-year flood elevation 804.6 per Ron Prince of
SEWRPC, are those areas designated as floodplain districts or A-Zones on
the following map: the amended flood boundary and floodway map,
Community Panel Number 550486-0002 prepared by Ruekert & Mielke, the
City's consulting engineers.
This map, dated September, 1993, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on file
in the office of the City Clerk. (Ord. #817 -10-21-93) .
(gA) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of Plum Creek
Addition #1, are those areas as designated as floodplain districts or A-Zones
on the following map: the amended flood boundary and floodway map,
Community Panel Number 550468 0004 B prepared by Pioneer Engineering
and Surveying.
This map, dated December 7, 1993, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is on
file in the office of the City Clerk. (Ord #824 - 01-25-94)
(hi) The boundary of the floodplain district including the f1oodway, floodfringe
and other floodplain districts for areas within the boundaries of Plum Creek
East, are those areas as designated as floodplain districts or A-Zones on the
following map: the amended flood boundary and floodway map, Community
Panel Number 550468 0004 B prepared by Pioneer Engineering and
Surveying.
This map, dated December 7, 1993, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and is on
file in the office of the City Clerk. (Ord. #825 - 01-25-94)
(li) The boundary of the floodplain district including the floodway, floodfringe I .
and other floodplain districts for areas within the boundaries of Plum Creek
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Ordinance #1214
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Addition #1 are those areas as designated as floodplain districts or A-Zones
on the following map: the amended flood boundary and floodway map,
Community Panel Number 550486 004 B prepared by Pioneer Engineering
and Surveying. (Ord. #829 - 02-22-94)
This map dated January 10, 1994, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on file
in the office of the City Clerk. (Ord. #829 - 02-22-94)
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U.k) The boundary of the floodplain district including the floodway, flood fringe
and other floodplain districts for areas within the boundaries of Parcel
2175.996 aka W187 S7160 Gold Drive, are those areas as designated as
floodplain districts or A-Zones on the following map: the amended flood
boundary and f100dway map, Community Panel Number 550486 0001 B
prepared by Metropolitan Engineering, Inc.
This map, dated January 28, 1994, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on file
in the Office of the City Clerk. (Ord. #834 - 04-21-94)
(15.1) The boundary of the floodplain district including the floodway, f100dfringe
and other floodplain districts for areas within the boundaries of Candlewood
Creek Subdivision, are those areas as designated as floodplain districts or
A-Zones on the following map: the amended flood boundary and f100dway
map, Community Panel Number 550486 0002 B prepared by R. A. Smith.
This map, dated May 14, 1996, is the official Floodplain Zoning Map and has
been approved by the Department of Natural Resources, and is on file in the
Office of the Clerk-Treasurer. (Ord. #883 - 06-06-96)
Om) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of a parcel
described as Tax Key #2228.995 are those areas as designated as
floodplain districts or A-Zones on the following map: the amended flood
boundary and f100dway map, Community Panel Number 550486 0004 B
prepared by Interline Survey Service, Inc.
This map, dated October 27, 1996, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on file
in the Office of the Clerk-Treasurer. (Ord. #920 - 03-06-96)
(mA) The boundary of the floodplain district including the floodway, floodfringe
and other floodplain districts for areas within the boundaries of a parcel
described as Tax Key Numbers 2174.112,2174.114, and 2174.178 are
those areas as designated as floodplain districts or A-Zones on the following
map: the amended flood boundary and floodway map, Community Panel
Number 550486 0001 B prepared by Ruekert and Mielke Inc.
The boundary of the floodplain district including the floodway, f1oodfringe,
and other floodplain districts for the areas excluded from the boundaries of a
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Ordinance #1214 Page 6
parcel described as Tax Key Numbers 2174.195, 2174.109.001 and .
2174.945 as those areas designated to bel' outside of this floodplain district
or A-Zones on the following Map: the amended flood boundary and floodway
map, Community Panel 550486 0001 B prepared by RueKert and Mielke Inc.
This map, dated November 14, 2000, is the official Floodplain Zoning Map and
has been approved by the Department of Natural Resources, and is on file
in the Office of the Clerk-Treasurer. (Ord. #1032 - 11-22-2000)
(3) ESTABLISHMENT OF DISTRICTS
The regional floodplain areas are hereby divided into three districts defined in s. 10.1 and
as follows:
(a) The Floodway District (FW) consists of the channel of a river or stream and those
portions of the floodplain adjoining the channel required to carry the regional flood
waters.
(b) The Floodfringe District (FF) consists of that portion of the floodplain between the
regional flood limits and the f1oodway.
(c) The General Floodplain District (GFP) consists of all areas which have been or may
be hereafter covered by flood water during the regional flood. it included both the
floodway and f100dfringe districts.
(4) LOCATING FLOODPLAIN BOUNDARiES
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Where an apparent discrepancy exists between the location of the outermost boundary of
the flood fringe district or general floodplain district shown on the official floodplain zoning
map and actual field conditions, the location shall be initially determined by the zoning
administrator using the criteria in paragraphs (a) or (b) below. Where the zoning
administrator finds that there is a significant difference between the map and the actual
field conditions, the map shall be amended using the procedures established in s. 8.0.
Disputes between the zoning administrator and an applicant over the location of the district
boundary line shall be settled according to s. 7.3(3).
(a) If flood profiles exist. the map scale and the profile elevations shall determine the
district boundary. The regional or base flood elevations shall govern if there are anv
discrenancies.
(b) Where flood profiles do not exist. the location of the boundary shall be determined by
the map scale. visual on-site inspection and any information provided by the
Department.
Note: Where the flood profiles are based on established base flood elevations from a FIRM.
FEMA must also approve any map amendment pursuant to s. 8. I (6).
(a) Where Iloea pralilos exi~l, tAe laGaliaR 01 tho di~trict 13aunaary liRa ~Aall 13e aeterminea 13y tho
zoninl'l aamini~tralor y~in!j solA tAe ~GGle appeariR!j OR the map and lAe elevaliaRs ~hewn on .
the wator surface profilo of tho regional floaa, VVAere a di~GrepaRGY exi~ts 13elween the map,
aRa actual field cORditians, tAe re!jional flooa ole'lations ~hall!jo'lern, ,II. map amendmeRt i~
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Ordinance #1214
Page 7
. :quirod where there i& a &i!)nifi6anl sis6re~3n6Y 8etween the rna~ an~ ac~ fj~~~
~~~i~;~~. :~ z.8nln!) asministratÐr shall have the autRÐrity to !)rant or seny a lans uce
::~:~" tll _aslc sf a dlstnct 80undary denved frorn the elevatlsns she:':~ ~~ ~~ YJ~~
;~~.::.;e p~:~~ ~~ f; re!)isnal fleed, whstRer or not a rnap arnensrnenl is roquired. Tho
I GEl st t r sRall be res~onslble fer IRiliaM!) any rna~ arnensments req,mes under
this sectisn within a reasonable ~erlsd of time.
(b) ~hore flood profiles de net exist, the le6atien of the distristlleundary ~~~:.h:~ ~~ d~~~~:~
~ii ~;i~; ~~in~strator usin!) thB smle a~~earinl] en the ma~, visual on:It: ~;~;~
;;;;:; n' _' I L I fermatl8n ~rovldes by the De~artment. Where there IS a s~f~~~
~~~"~:~~~~n tRe map and actual field consitions, the map shall 8e amenses. Whore a
~:; . _' ef" Ras lleen a~prevos by 80th the rnuRlclpal !)ovemlnl] ~?S~ ~~~ ~~:
arï';';;~ï, ii,;;; zonin!] asmini&tr3tor sRal1 ha'Je the authority to !]rant or deny a land use
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(5) REMOVAL OF LANDS FROM FLOODPLAIN
Compliance with the provisions of this ordinance shall not be qrounds for removinq land
from the floodplain unless it Is filled at least two feet above the reqional or base flood
elevation, the fill is contiquous to land outside the floodplain, and the map is amended
pursuant to s. 8.0.
Note: This procedure does not remove the requirements for the mandatorv purchase of flood
insurance. The ro ert owner must contact FEMA to re uest a Letter of Ma Chan e LOMC .
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Cornpliance with the previsions sf tRis srdinance shall not lle l]reunss for reme"~~ ~~~~ f~: ~: ::s:::~
~:~~~~' ~n~~s:~~: ::;:=:~: by fill In!] to a height of at least t'N~ io~t GOOJe tlle rel]isnal flood
:=~' :': fl; ~ G"T~I~~;:;.;~ ;; ians lYing sutslde the f10esplaln slstnct, ans tRe rnap IS a~e:.~:~
t . ..
r v loes Insurance re~ullements, FEM^ must first revise tRe Flood
Insurance Rate Map er issue a Letter sf Map ,^,rnensrnent or Re~
(6) COMPLIANCE
Anv development or use within the areas requlated bv this ordinance shall be In compliance with the terms of
this ordinance, and other applicable local. state, and federal requlations.
Any sev~e~~:~~ a: ~ofined in s. 10.1, or use within the meas rO!)UI~~~ ~r ~~~: e~n::.~: ~ ~ :1
, 0':1 ih~ to;~~ 0; this orsinance, ans other applic31:lle 1oc:JI, stale, ons foseral regulati~nc.
(7) MUNICIPALITIES AND STATE AGENCIES REGULATED
Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this
ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13),
Stats., applies. The construction, reconstruction, maintenance and repair of state highways and
bridges by the Wisconsin Department of Transportation are exempt when s. 30.202212(4)(3),
States., applies.
(8) ABROGATION AND GREATER RESTRICTIONS
(a) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted
under s. 59.97 or 59.971 for counties; s. 62.23 for cities; or s. 61.35 for villages or s. 87.30,
Wis. Stats., which relate to floodplains except that where another municipal zoning
ordinance, is more restrictive than the previsions contained in this ordinance, that ordinance
shall continue in full force and effect to the extent of the greater restrictions, but not
otherwise. .
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Ordinance #1214 Page 8
(b) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions,
convents or easements. However, where this ordinance imposes greater restrictions, the
provisions of this ordinance shail prevail.
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(9) INTERPRETATION
In their interpretation and application, the provIsions of this ordinance shail be heid to be minimum
requirements Iiberaily construed in favor of the governing body, and shail not be deemed a limitation
on or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this
ordinance is required by a standard in Ch. NR 116, Wis. Adm. Code, and where the ordinance
provision is unclear, the provision shail be interpreted in light of the ch. NR 116 standards in effect on
the date of the adoption of this ordinance or in effect on the date of the most recent text amendment
to this ordinance.
(10) WARNING AND DISCLAIMER OF LIABILITY
The fiood protection standards in this ordinance are based on enqineerinq experience and scientific
research. Larqer floods mav occur or the flood heiqht mav be increased by man-made or natural
causes. This ordinance does not implY or quarantee that non-floodplain areas or permitted floodplain
uses wiil be free from floodinq and flood damaqes. Nor does this ordinance create liability on the part
of. or a cause of action aqainst. the municipality or any officer or employee thereof for any flood
damaqe that may result from reliance on this ordinance.
The de!)ree of floes pretectien proviEled by this ordinance is considered reasonable for re!)~latory purposes
ans is based an en!)ineering e)(perience and scientific metheEis ef stusy. Lar!)er fioaEis fRay ecc~r or
the floaEi hoi!)ht may be increaseEi by man made or nat~ml causes s~ch as ice jams or briEl!)e
openings restricteEi by sebris. Therefore, this ardinance saes nat imply that areas a~tsise of the
delineated fieeElplain; or permitted land uses within the floeElplain, will bo totally free from flooElin!) and
associated flaaEi Elamages. ~Iar daes this ardinance create liability on the pmt of, ar a cause af actian
a!)ainst, the m~nicipality or any officar or emplayoe thereof for any fleeEl ElaR'lage that may result from
reliance an this ardinance.
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(11) SEVERABILITY
Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this ordinance shail not be affected.
(12) ANNEXED AREAS FOR CITIES AND VILLAGES
The Waukesha County fioodplain zoning provisions in effect on the date of annexation shail remain in effect
and shail be enforced by the municipality for ail areas annexed by the municipality until the
municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis.
Adm. Code and the National Fiood Insurance Proqram (NFIP). These annexed lands are described
on the municipality's official zoning map. County floodplain zoning provisions are incorporated by
reference for the purpose of administering this section and are on file in the office of the municipal
zoning administrator. Ail plats or maps of annexation shail show the reqional fiood elevation and the
location of the fioodway.
(13) GENEAL DEVELOPMENT STANDARDS
The community shail review all permit applications to determine whether the proposed buildinq sites wiil be
reasonably safe from floodinq. If a proposed buildinq site is in a flood-prone area, all new
construction and substantial improvements shail be desiqned or modified and adequately anchored
to prevent flotation, coilapse, or lateral movement of the structure resultinq from hydrodynamic and
hvdrostatic loads; be constructed with materials resistant to flood damaqe; be constructed by
methods and practices that minimize flood damaqes; and be constructed with electrical, heatinq, .
ventilation. plumbinq, and sir conditioninq equipment and other service facilities desiqned and/or
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Ordinance #1214
Page 9
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2.0
2.1
located so as to revent water from enterin or accumulatin within the com onents durin
conditions of f1oodinq. Subdivisions shall be reviewed for compliance with the above standards. All
subdivision proposals (Includinq manufactures home parks) shall include reqional flood elevation and
floodwav data for anv development that meets the subdivision definition of this ordinance.
GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICT
HYDRAULIC AND HYDROLOGIC ANAL YSES
(1) No development, except as provided in par. (2) below, shall be allowed in floodplain
areas which will:
(a) Cause an obstruction to flow, defined in s. 10.1 as any development which
physically blocks the conveyance of floodwaters by itself or in conjunction
with future similar deveiopment 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) The zoning administrator shall deny permits where it is determined the proposed
development will cause an obstruction to flow or increase in regional flood height of
0.01 foot or grootermore. based on the Officially adopted FIRM or other adopted
map, unless the provisions of sub. (3) are met.
(3) Obstructions or increases equal to or greater that 0.01 foot may only be permitted if
amendments are made to this ordinance, the official floodplain zoning maps,
including floodway lines and water surface profiles, in accordance with s. 8.0,.--aflG
~~:~~f ~et~~t~~i~~~I~tive onact of tho propo~od development '~~ ~~~i~~~~ ;~:
t I oed FAom than 1.0 foot for tho affoctod hydr3Ullc roacR 9[ IRe
Gtroom.
2.2 WA TERCOURSE AL TERA TIONS
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be
issued until the local official has notified in writinq all adiacent municipalities, the
De artment and FEMA re ional offices and re uired the a licant to secure all necessa
state and federal permits. The flood carrvinq capacity of any altered or relocated
watercourse shall be maintained. As soon as is practicable, but not later than six months
after the date of the watercourse alteration or relocation, the zoninq administrator shall
notify FEMA of the chanqes by submittinq appropriate technical or scientific data in
accordance with NFIP quidelines that shall be used to revise the FIRM, risk premium rates
and floodplain manaqement requlations as required.
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Ordinance #1214 Page 10
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 Iscal
zoning official shall notify in writing, adjacent municipalities, the appropriate district office of
the Department of Natural Resources and the appropriate office of FEM^ and shall require
the applicant to secure all necessary state and federal permits. The flood carrying capacity
within the altered or relocated pertion of any watercourse shall be maintained.
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2.3 CHAPTER 30.31. WIS. STATS.. DEVELOPMENT
Development which required a permit from the Department of Natural Resources, under
ch. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams and
navigational aids may be allowed provided the necessary local permits are obtained and
necessary amendments to the official floodway lines,. water surface profiles, BFE's
established in the FIS. or other data from the officiallv adopted FIRM. or other floodplain
zoning maps or floodplain zoning ordinance, are made according to s. 8.0.
2.4 PUBLIC OR PRIVATE CAMPGROUNDS
Public or private campqrounds shall have a low flood damaqe potential and shall meet the
followinq provisions:
(1) The campqround is approved bv the Department of Health and Familv Services.
(2) A land use permit for the campqround is issued by the zoninq administrator. .
(3) The character of the river system and the elevation of the campqround is such that a
72-hour warninq of an impendinq flood can be qiven to all campqround occupants.
(4) There is an adequate flood warninq procedure for the campqround that offers the
minimum notice required under this section to all persons in the campqround. This
procedure shall include a written aqreernent between the campqround owner. the
municipal emerqency qovernment coordinator and the chief law enforcement official
which specifies the flood elevation at which evacuation shall occur. personnel
responsible for monitorinq flood elevations. types of warninq systerns to be used and
the procedures for notifyinq at-risk parties. and the methods and personnel
responsible for conductinq the evacuation.
(5) This aqreement shall be for no more than one calendar year. at which time the
aqreement shall be reviewed and updated - by the officials identified in sub. (4) - to
remain in compliance with all applicable requlations. includinq those of the state
departrnent of health and family services and all other applicable requlations.
(6) Only campinq units are allowed.
(7) The campinq units may not OCCUpy any site in the campqround for more than 180
consecutive days, at which time the campinq unit must be removed from the floodplain
for a minimum of 24 hours.
(8) All campinq units that remain on site for more than 30 days shall be issued a limited
authorization by the campqround operator. a written COpy of which is kept on file at the
campqround. Such authorization shall allow placement of a campinq unit for a period
not to exceed 180 days and shall ensure compliance with all the provisions of this
section.
(9) The municipality shall monitor the limited authorizations issued by the campqround .
operator to assure compliance with the terms of this section.
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Ordinance #1214 Page 11
(10) All campinq units that remain in place for more than 180 consecutive davs must meet
the applicable requirements in either s. 3.0 or s. 4.0 for the floodplain district in which
the structure is located.
(11) The campqround shall have siqns clearly posted at all entrances warninq of the flood
hazard and the procedures for evacuation when a flood warninq is issued.
(12) All service facilities. includinq but not limited to refuse collection. electrical service.
natural qas lines, propane tanks, sewaqe systems and wells shall be properly
anchored and placed at or flood proofed to the flood protection elevation.
3.0 FLOODWAY DISTRICT (FW)
3.1 APPLICABILITY
The provisions of this section apply to all areas mapped as floodway on the official
floodplain zoning maps, and to those portions of the general floodplain district determined
to be floodway according to the procedures in s. 5.4.
3.2 PERMITTED USES
The following open space uses are allowed in the floodway district and the floodway portion
of the general floodplain district, providing
they are not prohibited by any other ordinance;
they meet the standards in s. 3.3 and 3.4; and
all permits or certificates have been issued according to s. 7.1:
(1) Aqricultural uses. such as: farminq, outdoor plant nurseries, horticulture, viticulture
and wild crop harvestinq./\gricultural uses, such as; general farming, pasturing,
outdoor plant nurseries, horticulture, vitioulture, truck farming, foreslrj, sod farming
and wild crop harvesting.
(2) Nonstructural industrial and commercial uses, such as loading areas, parking areas,
and airport landing strips.
(3) Nonstructural private and public recreational uses, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting precerves, target ranges, trap" and skeet rangesactivities, hunting and
fishing areas, and hiking and horseback riding trails, subiect to fill limitations of
according to s. 3.3(4).
(4) Uses or structures accessory to open space uses, or essential for historical areas,
that are not in conflict with the provisions in ss. 3.3 and 3.4.
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Ordinance #1214 Page 12
Extraction of sand, gravel or other materials according to s. 3.3(4). . (5)
(6). Functionally water-dependent uses such as: docks, piers or wharves, including
those used as part of a marina, and other water related uses such as dams,
flowage areas, culverts, navigational aids and river crossings of transmission lines,
and pipelines, according to chs. 30, 31, Wis. Stats.
(7) Public utilities, streets and bridges, according to s. 3.3(3).
3.3 STANDARDS FOR DEVELOPMENTS IN FLOODWAY AREAS
(1) GENERAL
(a) Any development in f100dway areas shall meet all of the provisions of s. 2.0;
and have a low flood damage potential.
(b) Applicants shall provide the following data for the zoning administrator to
determine the effects of the proposal according to s. 2.1:
1. A cross-section elevation view of the proposal, perpendicular to the
watercourse, indicating whether the proposed' development will
obstruct flow; or
.
2. An analysis calculating the effects of this proposal on regional flood
height.
.
(c) The zoning administrator shall deny the permit application where it is
determined the project will increase flood elevations upstream or
downstream 0.01 foot or more, based on the data submitted for par. (b),
above.
(2) STRUCTURES:
Structures accessory to permanent open space uses or functionally dependent on a
waterfront location may be allowed by permit if the structures comply with the
fOllowin~ criteria:ln or over f100dway are3e only etructurÐs which 3re 3ccoesory to
perman nt open epace ueee, or 3re oewntial for hietorical areae, or are functionally
dopond3nt on a w3terfront location, m3Y bo allowed by pormit, providing tho
etructuree moot all of tho following criteri3:
(a) The structure is not designed for human habitation and does not have a high flood damage
potential.
(b) It must be anchored to resist flotation. collapse. and lateral movement:
(c) Mechanical and utilitv equipment must be elevated or flood proofed to or above the .
Regional Flood Elevation:
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Ordinance #1214
Page 13
d It must not obstruct flow of flood waters or cause an increase in flood levels durin' the
OCCUITence of the Regional Flood; and
The structure~ are not designed for hum3n habitation, or 3ssociated with high flood
damage potenti31.
(b) The structures are constructed 3nd pl3ced on the bUildi~g ~:: ~ :; ~
cause an increase less th3n 0.01 foot in flood height and ottar minimum
~bst~~~~: to the flow of flood waters. Structures shall be constructed with
he
. dinal axis parallel to the direction of flow of f100s '....aters, and
approxim::llely on the same line as those of 3djoining structures;
(c) Tho structures are firmly anchored to provont them from f10~i~~::"~. ~:?
restricting bridge openings or other restricted sections of the st~cam or river;
aM
(d) The structuros have all service f3cilities such as electric:~ ~~~ h:~:ng
equipment at or 3bove the flood protection elovél1ion for the particulor ;reo.
(3) PUBLIC UTILITIES. STREETS. AND BRIDGES
Public utilities, streets and bridges may be allowed by permit, provided that:
(a) Adequate floodproofing measures are provided to the flood protection
elevation;
(b) Construction meets the development standards of doos not cause 3n
incre3se in the regional flood height 3ccording to s. 2.1, OlICept where the
w3lcr surface profiles. floodplain zoning maps and floodplain zoning
erdmaABe aFe amended, 3S needed to reflect any cRanges resulting from
such construction.
(4) FILLS OR DEPOSITION OF MATERIALS
Fills or deposition of materials may be allowed by permit, provided that:
(a) The requirements of s. 2.1 are met;
(b) No material is deposited in the naviqable channel unless a permit is issued
bv the Department pursuant to ch. 30. Stats.. and a permit pursuant to s.
404 of the Federal Water Pollution Control Act. Amendments of 1972. 33
U.S.C. 1344 has been issued. if applicable. and the other requirements of
this section are met;
(c) The fill or other materials will be protected aqainst erosion by riprap. yeqetative
cover. sheet pilinq or bulkheadinq; and
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Ordinance #1214 Page 14
(d) The fill is not classified as a solid or hazardous material.The fill or deposition of
m;:Jterials does not encroach on the channel urea bet'....een the ordinary high
water murk on euch b3nk of the stream unless 3 permit hus been gr3nted by
the Department of ~Jatural Resources pursu3nt to ch. :30, Stats., 3nd a ßermit
pursuant to s. 404 of the Foder31 Wuter Pollution Control /\ct, /\mendments of
1972, :3:3 U.S.C. 1:3:34 has been issued, if applicable, 3nd the other
requirements of this section ure mel.
.
(c) The fill or other materials will be protected against erosion by rißrGß,
vegetative cover, sheet piling or bulkheading sufficient to prevent erosion;
and provided th3t
(d) Such fills ure not ussociated with privute or public wlid waste dispm:31.
3.4 PROHIBITED USES
All uses not listed as permitted uses in s. 3.2 are prohibited within the floodwuY district 3nd
in the floodway portion of the general floodplain district including the following uses which
urc alwuys prohibited in thc floodway:
(1) Habitable structures, structures with hiqh flood damaqe potential, or those not
associated with permanent open-space uses;
(2) Storinq materials that are buoyant, flammable. explosive. iniurious to propertv. water
qualitv. or human. animal. plant, fish or other aquatic life;
.
(3) Uses not in harmony with or detrimental to uses permitted in the adioininq districts;
(4) Any private or public sewaqe systems, except portable latrines that are removed prior
to f100dinq and systems associated with recreational areas and Department-approved
campqrounds that meet the applicable provisions of local ordinances and ch. COMM
83. Wis. Adm. Code.
(5) Any public or private werls which are used to obtain potable water, except those for
recreational areas that meet the requirements of local ordinances and chs. NR 811
and NR 812. Wis. Adm. Code;
(6) Any solid or hazardous waste disposal sites;
(7) Any wastewater treatment ponds or facilities, except those permitted under s. NR
110.15(3)(b). Wis. Adm. Code;
(8) Any sanitarv sewer or water supply lines. except those to service existinq or proposed
development located outside the froodway which complies with the requrations for the
, floodplain area occupied.(1) Structures in, on or ovcr floodway arcus which 3re
designed for humun habitation, ussociated with high flood damage potential; or not
3ssocbted I':ith perm3nent open sp3ce uses; .
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Ordinance #1214 Page 15
(2) The stor:Jge of :Jny m:Jtori:Jls that :Jro cap:Jble of flmting, f1:Jmmable, explosive, or
injurious to property, w:Jtor qU:Jlity, or hum:Jn, onimol, pl:Jnt, fish or other 3quotic
lifei
(3) J\ny usee which are not in h3rmony with, or which may be detriment:Jlto, the uses
permitted in the :Jdjoining districts;
(4) Any privote or public sewoge eystoms; oxcept port:Jble 13trines th3t oro removed
prior to flooding, ond systems ossocbted with rocroation:J1 aro:Js ond Doportment
3pproved c:Jmpgrounds, th3t meet the :Jpplicoble provisions of IOC31 ordin3nces 3nd
ch. ILHR 83, Wis. :\dm. Code.
(5) Any public or private wells .."hich :Jro used to obt:Jin w:Jter for ultim3te human
consumption; Q)(cept those for rocrootion31 ore:Js th:Jt meet the requirements of
10c:J1 ordin3nces :Jnd chs. ÞlR 111 3nd NR 112, Wis. !\dm. Code.
(6) Any solid ond hozardous w3ste disposol sites, whether public or privote;
(7) /\ny wostew:Jter treatment ponds or bcilities Q)(Gept those permitted under s. ÞJR
110.15(3)(b), VVis. J'.dm. Code;
(8) Any s3nitary sewer or w:Jter supply lines except those to service existing or
proposed development 10G:Jted outside the floodwoy which complies with the
rogulations for the floodploin :Jreo 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 on
the official floodplain zoning maps, and to those portions of the general floodplain district
that are determined to be in the f100dfringe 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 f100dfringe 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
All of the provisions of s. 2.1 shall apply in addition to the following requirements according
to the use requested;
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Ordinance #1214 Page 16
(1) RESIDENTIAL USES
.
Any habi1able structure or building used for human habitation, which is to be
erected, constructed, reconstructed, altered, or moved into the f100dfringe area
shall meet or exceed the following standards;
(a) The elevation of the lowest floor excluding the basement or crawlway, shall
be at or above the flood protection elevation (which is a point two feet above
the regional flood elevation) on fill except where par. (b) is applicable. The
fill elevation shall be one foot or more above the regional flood elevation
extending at least 15 feet beyond the limits of the structure. The
Department may authorize other flood proofing measures where existing
streets or sewer lines are at elevations which make compliance impractical
provided the Board of Adjustment/Appeals grants a variance due to
dimensional restrictions.
(b) The basement or crawlway floor may be placed at the regional flood
elevation providing it is flood proofed to the flood protection elevation. No
permit or variance shall allow any floor, basement or crawlway below the
regional flood elevation.
(c) Contiguous dry land access, defined in s. 10.1 :)s :) vehicle access route
:)bo'le region:)1 flood elevation, shall be provided from a structure or building
to land which is outside of the floodplain, except as provided in par. (d). .
(d) In existing developments where existing streets or sewer lines 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 the regional flood elevation, provided:
1. The municipality has written assurance from the appropriate local
units of police, fire and emergency services that rescue and relief will
be provided to the structure(s) by wheeled vehicles, considering the
anticipated depth, duration and velocity of the regional flood event; or
2. The municipality has an adequate;! natural disaster plan concurred
approved by Wisconsin Emerqency Manaqement and with the
Division of Emergency Government and approved by the
Department.
(2) ACCESSORY STRUCTURES OR USES
(a) Except as provided in par. (b). an accessorv structure which is not connected to
a principal structure may be constructed with its lowest floor at or above the
Reqional Flood Elevation.
(b) An accessorv structure which is not connected to the principal structure and
which is less than 600 square feet in size and valued at less than $10.000 may .
be constructed with its lowest floor no more than two feet below the reqional
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Ordinance #1214
.
(3)
.
Page 17
flood elevation provided that it is subiect to flood velocities of no more than two
feet per second and that it meets all of the provisions of Sections 3.3 (2)
(a),(b),(c),(d),(e),(f).(q) and 4.3 (6) below..'\n 3cce!:!:orj !:tructure or use 3!:
defined in s. 10.1, not connected to a princip31 structure, including non
residential 3gricultural !:tructures, shall meet 311 the applicable provision!: of s!:
3.3(1), (2) and (4), 3nd 3.4. ^ lesser degree of protection, compatible with
these criteria 3nd the criteri3 in sub. (4) may be permissible for an 3ccessory
structure or use providing th3t the site is not inund3ted to a depth gre3ter th3t 2
feet or subjected to flood velocities greater that 2 feet per second during the
region31 flood.
COMMERCIAL USES: Any commercial structure which is erected, altered or
moved into the floodfrinqe area shall meet the requirements of s. 4.3(1). Subiect to
the requirements of sub. (6). storaqe vards, surface parkinq lots and other such
uses mav be placed at lower elevations if an adequate warninq system exists to
protect life and property./\ny commerci31 !:tructure or building which i!: to be
erected, con!:tructed, recon!:tructed, 31tered or moved into the floodfringe are3 !:hall
meet the requirement!: of s. 4.3(2). Stor3ge yard!:, parking lot!: 3nd other
3cce!:!:orj !:tructure!: or 13nd u!:e!: may be at lower elev3tion!:, subject to the
requirement of sub. (6). However, no !:uch 3rea in general u!:e by the public !:hall
be inundated to a depth groater than two foot or !:usjectod to flood volocitios greator
thell t'110 foet per !:econd during the, region31 flood. Inund3tion of !:uch Y3rd!: or
parking areas Ol\ceeding two feot m:JY be allowed provided an :Jdoqu:Jte 'N:Jrning
systom exists to protect life 3nd property.
(4) MANUFACTURING AND INDUSTRIAL USES: Any manufacturinq or industrial
structure which is erected, altered or moved into the floodfrinqe area shall be
protected to the flood protection elevation usinq fill, levees, floodwalls. or other flood
proofinq measures in s. 7.5. Subiect to the requirements of sub. (6), storaqe yards,
surface parkinq lots and other such uses may be placed at lower elevations if an
adequate warninq system exists to protect life and property.l\ny m3nubcturing, or
industrial structure or building which is to be erected, constructed, reconstructed,
31tered or moved into the floodfringe are3 shall be protected to tho flood protection
elevation utilizing fill, levees, flood\'l311s, 3dequate flood proofing measures in
accord3nce with s. 7.a, er 3ny combin3tion thereof. On str03ms or rivers h3ving
prolonged flood durations, gre3ter protection may be requiroEl to minimize
intorference with norm31 plant oporations. 1'. lesser degree of protection, compatible
with the criteria in p3r. (4) and (8) m3Y be permissible for stor3ge Y3rEl!:, p3rking lot!:
3nd other acces!:ol)' !:tructure!: or u!:es.
.
(5) STORAGE OF MATERIALS: Materials that are buoyant, flammable, explosive, or
iniurious to property, water quality or human, animal. plant, fish or aquatic life shall
be stored at or above the flood protection elevation or flood proofed in compliance
with s. 7.5. Adequate measures shall be taken to ensure that such materials will not
enter the water body durinq floodinq.The storage of m3teri31s th3t are buoyant,
fl3mm3ble, explosive, or which in times of fleoding, ceuld be injurious to property,
water quality or human, animal, plant, fish or aqu3tic life, shall be at or above the
flood protectien elev3tion for the particular are3 or f1oodproefeEl in compliance with
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Ordinance #1214 Page 18
s. 7.5. .^.dequate measures shall be taken to assure that said materials will not .
enter the river or stream during flooding.
(6) PUBLIC UTILITIES. STREETS AND BRIDGES: All utilities. streets and bridqes
shall be desiqned to be compatible with comprehensive floodplain development
plans; and
(a) When failure of public utilities. streets and bridqes would endanqer public
health or safety. or where such facilities are deemed essential. construction
of and substantial improvements to such facilities may only be permitted if
they are flood proofed in compliance with s. 7.5 to the flood protection
elevation:
(b) Minor roads or nonessential utilities may be constructed at lower elevations
if they are desiqned to withstand flood forces to the reqional flood
elevation.^11 utilities. streets and bridges should be designed to be
compatible with the local comprehensive floodplain development plans; and
(a) '.'Vhen failure or interruption of public utilities, streets and bridges would
result in danger to the public health or safely or where such facilities are
essential to the orderly functioning of the area, construction of and
substantial improvements to such facilities may only be permilled if they are
floodproofed. in compliance with s. 75. to the flood protection elevation;
(b) Minor or auxiliary roads or nonessential utilities may be constructed at lower
elevations providing they withstand flood forces to the regional flood
elevation.
.
(7) SEWAGE SYSTEMS: All on-site sewaqe disposal systems shall be floodproofed.
pursuant to s. 7.5. to the flood protection elevation and shall meet the provisions of
all local ordinances and ch. COMM 83. Wis. Adm. Code.l\1I on site sewage disposal
systems shall be flood proofed to the fleod protection elevation and shall meet the
applicable provisions of all local ordinances and ch. ILHR 83, Wis. ^dm. Code.
(8) WELLS: All public or private wells shall be flood proofed to the flood protection
elevation, pursuant to s. 7.5 and shall meet the applicable provisions of chs. NR
111 and NR 112, Wis. Adm. Code.
(9) SOLID WASTE DISPOSAL SITES: All public or private solid or hazardous waste
disposal sites are prohibited in floodfringe areas.
(10) DEPOSITION OF MATERIALS: Any materials deposited for any purpose may only
be allowed if all the provisions of this ordinance are met.
(11) MOBILE HOMES AND MANUFACTURED HOMES
(a) Owners or operators of all manufactured home parks and subdivisions shall
provide adequate surface drainaqe to minimize flood damaqe. and prepare.
secure approval and file an evacuation plan. indicatinq vehicular access and
escape routes. with local emerqency manaqement authorities.
.
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Ordinance # 1214 Page 19
(b) In existinq manufactured home parks, all new homes, replacement homes
on existinq pads, and substantially improved homes shall:
1. have the lowest floor elevated to the flood protection elevation: and
2. be anchored so they do not float, collapse or move laterally durinq a flood.
Outside of existinq manufactured home parks, includinq new manufactured
home parks and all sinqle units outside of existinq parks, all new,
replacement and substantially improved manufactured homes shall meet the
residential development standards for the floodfrinqe in s. 4.3( 1 l.W
Owners or eper3tors of 311 mobile m3nuklctured home parks and
subdivisions loc3ted in the regional f100dpl3in shall provide for adequate
surface drain3ge to minimize flood damage.
(b) )\11 new, repl3cement 3nd subst3nti311y improved mobile m3nufactured
homes to be placed or improved on 3 site loc3ted in the regional floodplain
&IJalt:.
1. be elev3ted to the flood protection elevation;
2. meet the residenti31 development stand3rds for the floodfringe in s.
4.:3.(2); 3nd
3. bo anchorod so thoy do not float, Gollapso or move lator311y during a
Aoo4
5.0 GENERAL FLOODPLAIN DISTRICT (GFPl
5.1 APPLICABILITY
The provisions for this district shall apply to all floodplains for which flood profiles are not
available or where flood profiles are available but flood ways have not been delineated.
Floodway and floodfrinqe districts shall be delineated when adequate data is available.+Ile
provisions for this district sh311 3pply to al floodpl3ins for which "regiOn31 flood" data, as
defined in Section 1 0.1 is not 3'13i1able, or where regional flood d3ta is avail3ble but
fioodw3YS h3ve not been delin03ted. /IS adequate region31 flood d3ta becomes 3vailable
and floodways 3re delineated for portions of this district, such portions shall be design3ted
in the floodfringe district or floodw3)' district, 3S 3ppropr\Qte.
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Ordinance #1214 Page 20
5.2 PERMITTED USES .
Pursuant to s. 5.4, it shall be determined whether the proposed use is located within a
floodway or floodfrinqe area.
Those uses permitted in floodway (s. 3.2) and floodfrinqe areas (s. 4.2) are allowed within
the qeneral floodplain district, accordinq to the standards of s. 5.3, provided that all permits
or certificates required under s. 7.1 have been issued.The general floodplain district
encompasses beth floodway and f100dfringe areas. Therefore, a determination shall be
made pursuant to s. 5.4, to determine whether the proposed use is located within 3
floodway or floodfringe are3.
Those uses permitted in f100dways (s. a.2) 3nd fleodfringe areas (s. 4.2) are allowed within
the geneml floodplain district, according to the standards of s. 5.a and provided that all
permits or certificates required under s. 7.1 have been issued.
5.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT
S. 3.0 applies to floodwav areas, s. 4.0 applies to floodfrinqe areas. The rest of this
ordinance applies to either district.Once it is determined 3ccording to s. 5.4 that a proposed .
use is located within 3 floodway, the provisions of s. a.o Sh311 apply. Once determined that
the proposed use is located within the f1oodfringe, the provisions of s. 4.0 shall apply. ,1\11
provisions of tho remainder of this ordinance 3pply to either district.
5.4 DETERMINING FLOODWA Y AND FLOODFRINGE LIMITS
Upon receiving an application for development within the general floodplain district, the
zoning administrator shall:
(1 ) Require the applicant to submit two copies of an aerial photoqraph or a plan which
shows the proposed development with respect to the qeneral floodplain district
limits, stream channel. and existinq floodplain developments, alonq with a leqal
description of the property, fill limits and elevations, buildinq floor elevations and
flood proofinq measures:Require the applic3nt to submit, at the time of application,
two copies of an aerial photograph, or a plem which accurately locates the proposed
development with respect to the geneml 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 3nd flood proofing me3sures. .
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Ordinance #1214 Page 21
(2) Require the applicant to furnish any of the followinq information deemed necessary
bv the Department to evaluate the effects of the proposal upon flood heiqht and
flood flows, reqional flood elevation and to determine floodwav boundaries:Requiro
tho applicant to furnish any of the following additional information as it deemed
necessarl by tho Department for evaluation of tho offects of tho proposal upon
flood height and flood flows, the regional flood elevation and where 3pplicablo to
determine the boundarios of the flood way:
(a) A typical valley cross-section showing the channel of the stream, the floodplain
adjoining each side fo the channel, the cross-sectional area to be occupied by the
proposed development, and all historic high water information,
(b) Plan (surface view) showing: elevations or contours of the ground; pertinent
structure, fill or storage elevations; size, location and spatial arrangement of all
proposed and existing structures on the site; location and elevations of streets, water
supply, and sanitary facilities; soil types and other pertinent information.
(c) Profile showing the slope of the bottom of the channel or flow line of the stream.
(d) Specifications for building construction and materials, flood proofing, filling, dredging,
channel improvement, storage of materials, water supply and sanitary facilities.
(3) Transmit one copy of the information described in pars, (1) and (2) to the
Department District Reqional office along with a written request for technical
assistance to establish regional flood elevations and, where applicable, floodway
data. Where the provisions of s, 7,1(2)(c) apply, the applicant shall provide all
required information and computations, to delineate floodway boundaries and the
effects of the project on flood elevations,
6.0 NONCONFORMING USES
6.1 GENERAL
(1) APPLICABILITY
If these standards conform with s. 59.69(10), Stats., for counties or s. 62.23(7)(h), Stats.. for cities
and villaqes. they shall apply to all modifications or additions to any nonconforminq use or
structure and to the use of any structure or premises which was lawful before the passaqe of
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Ordinance #1214 Page 22
this ordinance or anv amendment thereto. Insofar cs the stcndcras in this seGtian cre not
incon~i~lent with the prevision~ of s. 1;9.97(10), Stcts., for Gountie~ or s. ê2.23(7)(A), Slct~.,
for cities cnd villcge~, thay shcll cpply to cll nonconforming u~es cna nonconforming
str~Gt~res. These regulction~ apply to the modificction of, or cadition to, cny ~tr~Gt~re cna 10
the ~se of cny ~tr~Gt~re or premise~ whish wcs Imwul before the ßcsscge of lhis araincnse
or cny cmenaFAenl thereto.
.
(2) The exisling 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:
No modifications or additions to a nonconforming use or a nonconforming
structure shall be permitted unless they are made in conformity with the
provisions of this ordinance for the area of the floodplain occupied. The
works "modification" and "addition" include, but are not limited to, any
alteration, addition, modification, structural repair, rebuilding or replacement
of any such existing use, structure or accessory structure or use. Ordinary
maintenance repairs are not considered modifications or additions; these
include internal and external painting, decorating, paneling and the
replacement of doors, windows and other nonstructural components and the
maintenance, repair or replacement of existing private sewage or water
supply systems or connections to public utilities.
.
The construction of a deck that does not exceed 200 square feet and that is
adiacent to the exterior wall of a principal structure is not an extension,
modification. or addition. The roof of the structure mav extend over a portion
of the deck in order to provide safe inqress and eqress to the principal
structure.
(a) If a nonconforminq use or the use of a nonconforminq structure is discontinued
for 12 consecutive months, it is no lonqer permitted and any future use of the
properly, and any structure or buildinq thereon, shall conform to the applicable
requirements of this ordinance;
(b) The municipality shall keep a record which lists all nonconforminq uses and
nonconforminq structures. their present equalized assessed value. the cost of
all modifications or additions which have been permitted. and the percentaqe of
the structure's total current value those modifications represent;
,I :', q ")
(c) No modification or addition to any nonconforminq structure or anv structure with
a nonconforminq use. which over the life of the structure would exceed 50% of
its present equalized assessed value, shall be allowed unless the entire
structure is permanentlv chanqed to a conforminq structure with a conforminq
use in compliance with the applicable requirements of this ordinance.
Contiquous dry land access must be provided for residential and commercial
.
22
Ordinance #1214
.
.
.
Page 23
uses in compliance with s. 4.3(1). The costs of elevatinq a nonconforminq
buildinq or a buildinq with a nonconforminq use to the flood protection elevation
are excluded from the 50% provisions of this paraqraph;
,
(d) 1. Except as provided in subd. 2., if any nonconforminq structure or any
structure with a nonconforminq use is destroyed or is substantially damaqed, it
cannot be replaced, reconstructed or rebuilt unless the use and the structure
meet the current ordinance requirements. A structure is considered
substantially damaqed if the total cost to restore the structure to its pre-
damaqed condition exceeds 50% of the structure's present equalized assessed
value.
2. For nonconforminq buildinqs that are damaqed or destroyed by a nonflood
disaster, the repair or reconstruction of any such nonconforminq buildinq may
be permitted in order to restore it after the nonflood disaster, provided that the
nonconforminq buildinq will meet all of the minimum requirements under 44
CFR Part 60, or under the requlations promulqated thereunder.
(elA nonconforminq historic structure may be altered if the alteration will not preclude the
structures continued desiqnation as a historic structure. the alteration will comply with s.
3.3 (1), flood resistant materials are used, and construction practices and floodproofinq
methods that comolywith s. 7.5 are used.
(a) No mosifications or additions 10 a nonGenfermin~ use or a nonGonferming slructt,re sRall be
permiltes "nless tRey are ma8e in confermil)' with tho proviE:iens of this orsimmco for tho
moa of the f1eedplain OGcupied. Tho works "meeification" ane "aeeition" inGluee, b"t are
not limited te, any alteration, adsition, mosification, E:truclural repair, robuilsing or
replacement ef any E:uch existing UE:e, E:tructure or accessory str"cture or "se, Oreinmy
maintenance repairE: me net CBnsieored modifications or assitions; these incluee internal
and external painting, secorating, paneling ans the replaGement ef seers, wineows and
other nenstructural components ane the maintenance, repair or replacement of existing
private E:ewage or viater supply s)'stems or connectienE: te p"slic ulilities.
I
I
If a noncenforming use or the "se of a noncJnfermin~ str"ct"re is siscontinues for
12 cenE:ecutivo months, it is no longer permitles ans any fut"re use of tho proporly,
ans any E:tr"cture or s"ilding thereen, sRall cor1ferfR te tRe applicasle re'1uirements of
this ordinance.
(b)
(c) .'\s re'1uests are received sy tRe municipalily fer modificatiens er assitiens to
nonconforfRing uses or nonconforming str"ctures, a recers sRall se I<ept which liE:ts
the nonconforming "ses ans nonconforming str"ctures, their presont equalizes
aSE:esses value, ans the CBSt of those asditions or mosifications which have seen
permitted.
'
(d)
I
Ne medification or adsition to any nonconforming E:tr"cturo or any structure wilh 3
nonconforming UE:e, which over the lifB of the structure ','louis excees fifty percont
(59~() of its present equalizes asseE:sed value, shall l:Je allowes unless the entire
structure IE: permanently cR(]Aged to a CGnforming E:lructure wilh a conforming use in
compliance with the applicasle re'1uirementE: of this orsinance. Conti~uous sry land
access fRust be providee for resisential ane comfRercial uses in compliance with s.
~
23
Ordinance #1214 Page 24
(e) If any nenconformin@ structure er any structure with a nencenformin@ use is
destreyed or is se Ðadly dm+la@ed that it Gannot be ßractically restored, it Gannot be
reßlaced, reGenstructed er rebuilt unless the use and the struGture meet the
requirements ef this ardinance. Fer the ßurßese af this subseetien, resteratien is
doomed imßractical where the total GOst of SUGh restoratien would eXGeed 50% of tAe
present e~ualized assessed value of the structure.
.
6.2 FLOODWA Y AREAS
(1) No modification or addition shall be allowed to any nonconforming structure or any structure
with a nonconforming use in a fioodway area, unless such modification or addition:
(a) Has been granted a permit or variance which meets the fioodway requirements of
this ordinance; and
(b) Meets the requirements of s. 6.1; and
(c) Will not increase the obstruction to fiood flows or regional fiood height, and .
(d) Any addition to the existing structure shall be floodproofed, pursuant to s.
7.5, by means other than use of fill, to the flood protection elevation.
(e) The portions of the structure located below the Reoional Flood Elevation
must be constructed of flood -resistant materials;
(f) It musr be designed to allow for the automatic entrv of flood waters;
(0) Its use must be limited to parking and/or limited storage.
(2) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal
system, except where an addition has been ordered by a government agency to correct a
hazard to public health, shall be allowed in a fioodway area. Any replacement, repair or
maintenance of an existing on-site sewage disposal system in a floodway area shall meet the
applicable requiremens of all municipal ordinances and ch. lbFIR-COMM 83, Wis. Adm.
Code.
(3) No new well or modification to an existing well, used to obtain water for ultimate human
consumption, shall be allowed in a floodway area. Any replacement, repair, or maintenance
of an existing well in a floodway area shall meet the applicable requirements of all municipal
ordinances and ch. NR 111 and NR 112, Wis. Adm. Code.
.
24
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.
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Ordinance #]2]4 Page 25
6.3 FLOODFRINGE AREAS
(1) No modification or addition shall be allowed to any nonconforming structure or any structure
with a nonconforming use unless such modification or addition has been granted a permit or
variance by the municipality. In addition, the modification or addition shall be placed on fill or
flood proofed to the flood protection elevation in compliance with the standards for that
particular use in s. 4.3, except where s. 6.3(2) is applicable.
(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 Adjustment/Appeals, using the procedures established
in s. 7.3, may grant a variance from those provisions of par. (1) for modifications or additions,
using the criteria listed below. Modifications or additions which are protected to elevations
lower than the flood protection elevation may be permitted provided:
(a) No floor is allowed below the regional flood elevation for residential or commercial
structures; and
(b) Human lives are not endangered;
(c) Public facilities, such as water or sewer, will not be installed;
I
(d) Flood depths will not exceed two feet;
(e) Flood velocities will not exceed two feet per second; and
I
(f) The structure will not be used for storage of materials described in s. 4.3(6).
I
(3) If neither the provision of par. (1) nor (2) above can be met, an addition to an existing room in
a nonconforming building or a building with a nonconforming use may be allowed in the
floodfringe on a one-time basis only, if the addition: I
(a) Meets all other regulations and will be granted by permit or variance;
(b) Does not exceed 60 square feet in area; and
25
Ordinance #1214 Page 26
(c) In combination with other previous modifications or additions to the building, does not
exceed 50% of the present equalized assessed value of the building.
.
(4) All new private sewage disposal systems, or addition to, replacement, repair or maintenance
of a private sewage disposal system shall meet all the applicable provisions of all local
ordinances and ch. lbFlR-COMM 83, Wis. Adm. Code.
(5) All new wells, or addition to, replacement, repair or maintenance of a well shall meet the
applicable provisions of this ordinance and ch. NR 4-i+-!U..Land NR ~~12, Wis. Adm. Code.
7.0 ADMINISTRATION
Where a zoninq administrator, planninq aqency or a board of adiustmenVappeals has already
been appointed to administer a zoninq ordinance adopted under ss. 59.69. 59.692 or 62.23(7).
Stats., these officials shall also administer this ordinance.Thic section providoc for tho 3ppointment
of appropri3te 803rdc and ctaff, 3nd tho development of necoccar/ policioc 3nd procedures, to
3dminicter thic ordin3nCO. Whoro a zoning 3dminictr3tOr, pl3nning agency or 3 B03rd of
^djuctmenll!\ppo3Ic h3C 31ready been 3ppointod to 3dminictor a zoning ordinanco 3dopted under . cc. 59.97, 59.971 or 52.n(7), 8t3tC., theco officials chall alco adminictor thic ordinance.
7.1 ZONING ADMINISTRA TOR
(1) The zoning administrator is hereby authorized to administer the provisions of this ordinance
and shall have the following duties and powers:
(a) Advise applicants of the provisions of this ordinance; assist them in preparing permit
applications and appeals, and assure that the regional flood elevation for the
proposed development is shown on all permit applications.
í!ù...-(Ð}-Issue permits and inspect properties for compliance with provisions of this ordinance
and issue certificates of compliance where appropriate.
(c)lnspect all damaqed floodplain structures and perform a substantial damaqe assessment to
determine if substantial damaqe to the structures has occurred.
(QG) Keep records of all official actions such as:
1. All permits issued. inspections made, and work approved;
2. Documentation of certified lowest floor and reqional flood elevations
for floodplain development;lnspectionc mado
.
26
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Ordinance #1214 Page 27
3. Records of water surface profiles, floodplain zoninq maps and
ordinances, nonconforminq uses and structures includinq chanqes,
appeals, variances and amendments. Work Llpproved
4. All substantial damaqe assessment reports for floodplain
structures.Documentation of certified lowe~t fleor LInd regional flood
elevLltion~ for floodplain development
I
5. Record~ of ""'3ter ~urf3ce profile~, floodplain zoning maps and
ordinLlncec, nonconforming uce~ LInd stnJOturoc including change~,
3ppo31~, v3riLlnces 3nd 3mendment~.
(d) Submit copies of the following items to the Department district office:
1. Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text
amendments;
2. Copies of any case-by-case analyses, and any other information
required by the Department including an annual summary of the
number and types of floodplain zoning actions taken.
I
3. Copies of substantial damaqe assessments performed and all
related correspondence concerninq the assessments.
(e) Investigate, prepare reports, and report violations of this ordinance to the appropriate
municipal zoning agency and the municipal attorney for prosecution. Copies of the
violation reports shall also be sent to the Department District office.
(f) Submit copies of text and map amendments and biennial reports to the regional
office of FEMA. I
(2) LAND USE PERMIT
A land use permit shall be obtained before anv 'new development or anv repair or
chanqe in the use of a buildinq or structure. includinq sewer and water facilities.
may be initiated. Application to the zoninq administrator shall include:/'. I3nd lJ~e
permit chLlIl be obtained from the zoning Lldmini~tr3tor before any new
"development", 3~ defined in ~. 10.1, or Llny chLlnge in the u~e of Lln oxi~ting
building or ~tructuro including ~ew3ge di~po~LlI ~yctems and w3ter cupply 13cilities
mLlY be initi3tcd. /\pplication ~hLlIl be m3do 'to the zoning adrnini~tr3tor upon
furnished 3pplicLltion form~ LInd Ch311 include the following dLlta:
(a) GENERAL INFORMATION
1. Name and address of the applicant, property owner and contractor -
builder; I
I
Legal description of the property, type of proposed use, and an
indication as to whether new construction or a modification to an
existing structure is involved; I
2.
27
Ordinance #1214
(b)
Page 28
SITE DEVELOPMENT PLAN
.
The site development plan shall be drawn to scale and submitted as a part
of the permit application form and shall contain the following information:
1. Location, dimensions, area and elevation of the lot;
2. Location of the ordinary highwater mark of any abutting navigable
waterways;
3. Location of any structures with distances measured from the lot lines
and center line of all abutting streets or highways;
4. Location of any existing or proposed on-site sewage systems or
private water supply systems;
5. Location and elevation of existing or future access roads;
6. Location of floodplain and f100dway limits on the property as
determined from the official floodplain zoning maps;
7. The elevation of the lowest floor of proposed buildings and any fill
using National Geodetic and Vertical Datum (NGVD). .
8. Data sufficient to determine the regional flood elevation at the
location of the development and to determine whether or not the
requirements of s. 3.0 or 4.0 are met.
9. Data sufficient to determine if the proposed development will cause
either an obstruction to flow or an increase in regional flood height or
discharge according to s. 2.1. This may include any of the
information noted in s. 3.3(1).
(e) DATA REQUIREMENTS TO ANALYZE DEVELOPMENTS
1. The applicant shall provide all survey data and computations
required to show the effects of the project on flood heights, velocities
and floodplain storage, for all subdivisions proposals, as
"subdivision" is defined in s. 236~Stats., and other proposed
developments exceeding 5 acres in area or where the estimated cost
exceeds $125,000. The applicant shall provide:
a. An analysis of the effect of the development on the regional
flood profile, velocity of flow and floodplain storage capacity.
b. A map showing location and details of vehicular access to
lands outside the floodplain. .
28
Ordinance #1214
.
(3)
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Page 29
c. A surface drainage plan wit,h adequate details showing how
flood damage will be minimized.
I
The estimated cost of the proposal shall include all structural
development. landscaping improvements, access and road
development, electrical and plumbing, and similar items
reasonably applied to the overall development costs, but
need not include land costs. I
2. The Department 'IIill determine regiÒnal flood elevations and evaluate
the proposal .....here the applicant is not required to provide
computations ;)s above, ;)nd inadequato data exists. The
municipality may transmit addition;)1 information, such as the d;)t;) in
s. IH (2) where appropriate, to the Department with the request for
analysis.
(d) EXPIRATION
All permits issued under the authority of this ordinance shall expire 1 year
from the date of issuance.
.
CERTIFICATE OF COMPLIANCE
No land shall be occupied or used, and no building which is hereafter constructed,
altered. added to. modified, rebuilt or replaced shall be occupied, until a certificate
of compliance is issued by the zoning administrator, except where no permit is
required, subject to the following provisions:
(a) The certificate of compliance shall show that the building or premises or part
thereof, and the proposed use, conform to'the provisions of this ordinance.
I
Application for such certificate shall be concurrent with the application for a
permit. 1
The certificate of compliance shall be issued within 10 days after written
notification of completion of the work specified in the permit, provided the
building or premises or proposed use conforms with all the provisions of this
ordinance.
(b)
(c)
(d) The applicant shall submit a certification signed by a registered professional
engineer or registered land surveyor i that the fill, lowest floor and
flood proofing elevations are in compliance with the permit issued.
Floodproofing measures also require certification by a registered
professional engineer or registered architect that flood proofing adequacy
meets the requirements of s. 7.5. I
(4) 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 by the U.S.
29
Ordinance #1214 Page 30
Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act .
amendments of 1972, 33 U.S.C. 1334.
7.2 ZONING AGENCY
(1) The City of Muskego or planning committee shall:
- oversee the functions of the office of the zoning administrator and
- review and make recommendations to the Governing body on all proposed
amendments to this ordinance, maps and text.
(2) This zoning agency shall not:
- grant variances to the terms of the ordinance in place of action by the Board of
Adjustrnent/Appeals; nor
- amend the text or zoning maps in place of official action by the Governing body.
7.3 BOARD OF ADJUSTMENT/APPEALS
The Board of Adiustment/Appeals, created under s. 59.694, Stats.. for counties or
s. 62.23(7)(e). Stats.. for cities or villaqes. is herebv authorized or shall be appointed to act
for the purposes of this ordinance. The Board shall exercise the powers conferred by
Wisconsin Statutes and adopt rules for the conduct of business. The zoninq administrator
may not be the secretary of the Board.Tho appropri,:llo Board croaloci uncier s. 59.99,
Stals., for countiO!: or s. 62.23(7)(0), 5t3tS., for cilies or villages, is hereby authorized or
shall be appointed to 3ct 3S the BoarEi of /\djuslmonllAppo3Is for tho purpoEOs of this
ordinance. The Board of I'.djustmontl/\ppmls sh311 exercise lhe powers confDrrod by Wis.
Stals., 3nd adopt rulos fDr tho conduct of business. The zoning administr310r m3Y not be
tho 5ocrol3ry of the Boarci.
.
(1) POWERS AND DUTIES: The Board of Adjustment/Appeals shall:
(a) Appeals - Hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this ordinance.
(b) Boundary Disputes - Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map.
(c) Variances - Hear and decide, upon appeal, variances from the dimensional
standards of this ordinance.
(2) APPEALS TO THE BOARD .
30
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.
I" ,
Lt-~.,.tl'
Ordinance #1214
U,," \
Page 31
(a) Appeals to the Board may be taken by lany person aggrieved or by any
officer, department, Board or bureau oflthe municipality affected by any
decision of the zoning administrator or other administrative officer. Such
appeal shall be taken within 30 days as provided by the rules of the Board,
by filing with the official whose decision is.in question, and with the Board, a
notice of appeal specifying the reasons for the appeal. The official whose
decision is in question shall transmit to the Board all the papers constituting
the record concerning the matter appealed.
(b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES
1. Notice - The Board shall:
a. Fix a reasonable time for the hearing;
b. Publish adequate Class 1 or 2 notice pursuant to Wisconsin
Statutes, specifying the date, time, place and subject of the
hearing;
c. Assure that notice shall be mailed to the parties in interest
and the district office of the Department at least 10 days in
advance of the hearing.
2. HEARING - Any party may appear in person or by agent or attorney.
The Board shall:
.
a. Resolve boundary disputes'according to s. 7.3(3);
I
I
b. Decide variance applications according to s. 7.3(4);
c. Decide appeals of permit denials according to s.7.4.
(c) DECISION: The final decision regarding the appeal or variance application
shall:
1. Be made within a reasonable time;
I
2. Be sent to the district office of thel Department within 10 days of the
decision; I
I
3. Be a written determination signed by the chairman or secretary of the
Board; I
4. State the specific facts which are the basis for the Board's decision;
I
Either affirm, reverse, vary or modify the order requirement, decision
or determination appealed, in whole or in part, dismiss the appeal for
.Iack of jurisdiction or grant or deny the application for a variance;
5.
nc 'II;; f ~I I ; :. .: ,i , ~ " I '" L, : . t ; r ' (: : ~,l', ~ ~'I ;: ;'. ! . i : \1
31
Ordinance #1214 Page 32
6. Include the reasons or justifications for granting an appeal, with a
description of the hardship or practical difficulty demonstrated by the
applicant in the case of a variance, clearly stated in the recorded
minutes of the Board proceedings.
.
(3) BOUNDARY DISPUTES
The following procedure shall be used by the Board of Adjustment/Appeals in
hearing disputes concerning the district boundaries shown on the official floodplain
zoning map;
(a) Where 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
available evidence may be examined.
(b) I n 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 Adjustment/Appeals.
(c) Where it is determined that the district boundary is incorrectly mapped, the
Board should inform the zoning committee or the person contesting the
location of the boundary to petition the governing body for a map
amendment according to s. 8.0. .
(4) VARIANCE
(a) The Board of Adjustment/Appeals may, upon appeal, grant a variance from
the dirnensional standards of this ordinance where an applicant convincingly
demonstrates that:
1. Literal enforcement of the provisions of the ordinance will result in
practical difficuity or unnecessary hardship on the applicant;
2. The hardship is due to adoption of the floodplain ordinance and
special conditions unique to the property; not common to a group of
adjacent lots or premises (in such case the ordinance or map must
be amended);
3. Such variance is not contrary to the public interest;
4. Such variance is consistent with the purpose of this ordinance
stated in s. 1.3.
(b) In addition to the criteria in par. (a). to qualifv for a variance under FEMA
requlations. the followinq criteria must be met:
1. The variance mav not cause anv increase in the reqional flood elevation:
.
32
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".
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Ordinance #1214 Page 33
2.
.
'
Variances can only be qranted for lots that are less than one-half acre
and are contiquous to existinq structures constructed below the RFE;
I
Variances shall only be qranted upon a showinq of qood and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safelY or nuisances, shall not increase costs for rescue and
relief efforts and shall not be contrary to the purpose of the ordinance.
3.
(çe) A variance shall not:
I I
1. Grant, extend or increase any use of property prohibited in the
zoning district;
2. Be granted for a hardship based solely on an economic gain or loss;
3. Be granted for a hardship which is self-created;
4. Damage the rights or property values of other persons in the area;
5. Permit a lower degree of flood protection in the floodplain that the
flood protection elevation;
6.' "( Allow any floor, basement or crawlway below the regional flood
elevation for residential or commercial structures;
7. Allow actions without the amendrhents to this ordinance or map(s)
required in s. 8.1.
I
8. Allow any alteration of an historic'structure. includinq its use. which
would preclude its continued desiqnation as an historic structure.
(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 (s. 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)
(b)
(c)
Permit application data listed in s. 7.1 (2);
Floodway/floodfringe determination data in s. 5.4;
, ,
,
Data listed in s. 3.3(1)(b)2. where the applicant has not submitted this
information to the zoning administrator. I'
33
Ordinance #1214 Page 34
(d) Other data submitted to the zoning administrator with the permit application,
or submitted to the Board with the appeal.
.
, .' . i I
(2) For appeals of all denied permits the Board shall:
(a) Follow the procedures 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 profile and map and all appropriate
legal arrangements are made with all adversely affected property owners.
(b) Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase equal to or
greater that 0.01 foot provided no other reasons for denial exist.
." I, v,
7.5 FLOODPROOFING .
(1) No permit or variance shall be issued until the applicant submits a plan or document
certified by a registered professional engineer or architect that the f1oodproofing
measures are adequately designed to protect the structure or development to the
flood protection elevation .
(2) Where f1oodproofing measures, as defined in s. 10.1 are required, they shall be
designed to:
(a) Withstandthè' flood pressures, depths, velocities, uplift and impact forces,
and other factors associated with the regional flood;
(b) Assure protection to the flood protection elevation;
(c) Provide anchorage of structures to foundations to resist flotation and lateral
movement;
I I t, ,(
(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:;
I
(a) Reinforcement of walls and flqors to resist rupture or collapse caused by
water pressure or floating debris;
.
34
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.
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Ordinance #1214 Page 35
(b) Addition of mass or weight to structures to prevent flotation;
(c) Placement of essential utilities above the flood protection elevation;
(d) Surface or subsurface drainage systems: including pumping facilities, to
relieve external foundation wall and basement floor pressures;
(e) Construction of water supply wells. and waste treatment systems to prevent
the entrance of flood waters into the system;
(f) Cutoff valves on sewer lines or elimination of gravity flow basement drains.
7.6 PUBLIC INFORMA nON
(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 regulations shall
be readily available and should be widely distributed.
,
(3) All legal descriptions of property in the floodplain should include information relative
to the floodplain zoning classification when such property is transferred.
8.0 AMENDMENTS
8.1 GENERAL
The governing body may change or supplement the boundaries of the floodplain zoning
districts and the regulations contained in this 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 official floodplain zoning map including the floodway line or
boundary of any floodplain area;
(2) Correction of significant discrepancies between the water surface profiles and
floodplain zoning maps;
(3) Any fill in the floodplain which raises the elevation of the filled area to a height at or
above the flood protection elevation and is contiguous to land lying outside the
floodplain; ;
(4) Any fill or encroachment into the floodplain that will obstruct flow causing an
increase of 0.01 foot or more in regional flood height;
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Ordinance # 1214 Page 36
Any upgrading of floodplain zoning ordinances text required by s. NR 116.05, Wis.
Adm. Code, or otherwise required by law, or for changes by the municipality.
(6) All channel relocations and chances to the maps to' alter floodwav lines or to
remove an area from the floodwav or the floodfrinqe that is based on a base flood
elevation from a FIRM requires prior approval bv FEMA.
. (5)
Note: Consult the FEMA web site: www.fema.qov for the map chanqe fee schedule.
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 villages, or 59.9-769, Stats., for
counties. Such petitions shall include all necessary data required by ss. 5.4 and 7.1 (2)
(1) Copies of any amendment proposed shall be referred to the zoning agency,
described in s. 7.2, for a public hearing and recommendation to the governing body.
Copies of the proposed amendment and notice of the public hearing shall be
submitted to the appropriate District office of the Department of Natural Resources
for review prior to the hearing. The amendment procedure shall comply with the
provisions of s. 62.23, Stats., for cities and villages of s. 59.9-769, Stats., for
counties.
(2) No amendment to the maps or text of this ordinance shall become effective until
reviewed and approved by the Department.
.
(3) All persons petitioning for a map amendment which involves an obstruction to flow
causing an increase of 0.01 foot or more in the height of the regional flood shall
obtain flooding easements, or other appropriate legal arrangements, from all
adversely affected property owners and notify local units of government before the
amendment can be approved by the governing body.
(4) When considering amendments to the official floodplain zoning map, in areas where
no water surface profiles exist, the zoning agency or Board shall consider data
submitted by the Department, the zoning administrator's visual on-site inspections
and other available information. (See s. 1.5(4).)
(5) A fee, as from time to time established by Resolution of the Common Council, shall
be submitted with the petition to defray the cost of giving notice, investigation, and
other administrative processing. (Ord. #812 -10-7-93)
-l p"', I I;:, ;f., ,I, \ ,'" t,r. 1" . ,
9.0 ENFORCEMENT AND PENALTIES
('.-' , ! Ci.. ~.
Any violation of the provisions of this ordinance by any person shall be unlawful and shall
be referred to the municipal attorney who. shall expeditiously prosecute all such violators. A
violator shall, upon conviction, forfeit to the municipality a penalty of not less than $1.00
'and not more than $200.00, together.with altaxable cost of such action.I.!Each day of
continued violation shall constitute a separate offense. Every violation of this ordinance is
.
36 'I
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Ordinance # 1214 Page 37
,
a public nuisance and the creation may be enjoined and the maintenance may be abated
by action at suit of the municipality, the state, or any citizen thereof pursuant to s. S487.30,
Stats.
10.0 DEFINITIONS
10.1 Unless specifically defined below, works 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. Works used in the present tense include the future, the singular number
includes the plural and the plural number includes ttie singular. The word "may" is
permissive, "shall" is mandatory and not discretionary.
1) "A ZONES" - Those areas shown on the Official Floodplain Zoning Map which would be inundated bv
the regional nood. These areas mav be numbered or unnumbered A Zones. The A Zones mav or mav
not be renective of nood profiles. depending on the availabilitv of data for a given area.
2) "ACCESSORY STRUCTURE OR USE" - A facilitv.'structure. building or use which is accessory or
incidental to the principal use of a proDertv. structure or building.
3) "BASE FLOOD" - Means the nood having a one Dercent chance of being equaled or exceeded in anv
given vear. as published bv FEMA as part of a PIS and depicted on a FIRM.
4) "~ASEMENT" - Anv enc1os~d area of a building having its noor s~b-grade. ;.'e.. below gfound level. on
all sides.
5) "BUILDING" - See STRUCTURE.
6) "BULKHEAD LINE" - A geographic line along a reach of navigable water that has been adopted bv a
municipal ordinance and approved bv the Department pursuant to s. 30.11. Stats.. and which allows
limited filling between this bulkhead line and the original ordinarv highwater mark. except where such
filling is prohibited bv the noodwav provisions of this ordinance.
7) "CAMPGROUND" - Anv Darcel ofland which is designed. maintained. intended or used for the pumose
of oro vi ding sites for nonoelmanent overnight use by '4 or more camoing units. or which is advertised or
represented as a camping area.
8) "CAMPING UNIT" - Anv Dortable device. no more than 400 square feet in area. used as a temDOrary
shelter. including but not limited to a camDing trailer. motor home. bus. van. Dick-up truck. tent or other
mobile recreational vehicle.
9) "CERTIFICATE OF COMPLIANCE" - A certification that the construction and the use ofland or a
building. the elevation of 1m or the lowest noor of a structure is in compliance with all of the provisions
of this ordinance.
, ,
10) "CHANNEL" - A natural or artificial watercourse with definite bed and banks to confine and conduct
normal now of water.
11) "CRAWL WAYS" OR "CRAWL SPACE" - An enclo~ed area below the first usable noor of a building.
generallv less than five feet in height. used for access to Dlumbing and electrical utilities.
4 37
Ordinance #1214 Page 38
12) "DECK" - An unenclosed exterior structure that has no roof or sides, but has a permeable noor which
, 1~;1." "Ill, ". allows/the infiJtralioll'qfnrecioitation.j; (: " r'>i t,., , :-' ,'" .~ i '
. . I. 13) "DEPAR;rMENT;:,-'Th~ Wiscor~jn DepÚtment of Natural Resources. j ..'
,i,. ~.,''": i ,- 'h ":,, ;-,.;,,~, (L :11,":" ~;
:1."
,(
14) ,"DEVELOPMENT" - Anv artificial change to improved or unimproved real estate, including, but not
limited to, the construction of buildings, structures or accessory structures: the construction of additions
or alterations to buildings, structures or accessory structures: the repair of any damaged structure or the
imorovement or renovation of any structure. regardless of oercentaee of dmnage or improvement: the
placement of buildings or structures; subdivision lavout and site preparation; mining, dredging, filling,
i!fading, paving, excavation or drilling ooerations: the storaue. deoosition or extraction of materials or
equipment: and the installation, repair or removal of public or private sewage disposal systems or water
supplv facilities.
~,.;~! p . . "
15) "DRYLAND ACCESS" - A vehicular access route which is above the regional flood elevation and
which connects land located in the floodl1lain to land outside the floodplain, such as a road with its
surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles,
16) "ENCROACHMENT" - Anv filL structure, equipment, building, use or development in the floodwav,
i;4C -I.t'
17) "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" - A l1arcel of land, divided into
l ' ,'.' two'or híore'nianlufdctÜretl home lót~df@lfrliiJt "'1" sa-Ie, on which the construction of facilitieSlfonservicing
the lots is completed before the effective date of this ordinance. At a minimum, this would 'include the
installation of utilities, the construction of streets and either final site grading or the pouring of concrete
pads
18) "EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK" - The preparation of
additional sites bv the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction of streets and either final site
grading, or the pouring if concrete pads.
19) "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal agency that
administers the National Flood Insurance Program.
20) "FLOOD INSURANCE RATE MAP" (FIRM) - A map of a communirv on which the Federal Insurance
Administration has delineated both special flood hazard areas (the floodplain) and the risk premium
zones applicable to the communi tv, This map can onlv be amended bv the Federal Emergencv
Management Agencv.
I
21) "FLOOD" or "FLOODING" - A general and temporary condition of partial or complete inundation of
normally drv land areas caused bv one of the following conditions:
./ The overflow or rise of inland waters,
f 1, I) I lH \" ./ The;a id accumulà j n
'I , , ., ( . , ~ . t I", ~ f" ru off of surÎace waters from an source
(II \'1.' Ol 0;;'.
./ Theinundation caused bv waves or currents of water exceeding anticipated cvclicallevels along the
shore of Lake Michigan or Lake Superior, or
"
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Ordinance #1214 Page 39
,( The sudden increase caused bv an unusuallv high water level in a natural body of water, accompanied bv
a severe storm, or bv an unanticipated force of nature, such as a seiche, or bv some similarlv unusual
event.
22) "FLOOD FREQUENCY" - The probabilitv ofa flood. occurrence which is determined from statistical
analvses. The frequency of a particular flood event is usuallv exuressed as occurring, on the average,
once in a sDccified number of years or as a percent (%) chance of occurring in any given vear.
23) "FLOQDFRINGE" - That portion of the floodplain outside of the floodwav which is covered bv flood
waters during the regional flood and associated with standing water rather than flowing water.
24) "FLOOD HAZARD BOUNDARY MAP" - A map designating apnroximate flood hazard areas. Flood
hazard areas are designated as unnumbered A-Zones and do not contain floodwav lines or regional flood
elevations. This man fom1s the basis for both the regulatory and insurance aspects of the National Flood
Insurance Program (NFIP) until sunersedcd bv a Flood Insurance Study and a Flood Insurance Rate
Man.
25) "FLOOD INSURANCE STUDY" - A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It nrovides mans designating those areas affected bv the regional tlood
and provides both flood insurance rate zones and base flood elevations and mav provide floodwav lines.
The tlood hazard areas are designated as numbered and unnumbered A-Zones, Flood Insurance Rate
Maps. that accompany the Flood Insurance Study, fonn the basis for both the regulatory and the
insurance asnects of the National Flood Insurance Pro/'Tam.
I
26) "FLOODPLAIN" - Land which has been or mav be covered bv flood water during the regional tlood, It
includes the tloodwav and the tloodfringe, and may include other designated tloodplain areas for
regulatory numoses.
27) "FLOODPLAIN ISLAND" - A natural geologic land formation within the tloodnlain that is surrounded,
but not covered. bv tloodwater during the regional tlood.
28) "FLOODPLAIN MANAGEMENT" - Policv and nrocedures to insure wise use of floodnlains, including
mapping and engineering, mitigation. education, and administration and enforcement of tloodnlain
regulations,
29) "FLOOD PROFILE" - A granh or a longitudinal nrofile line showing the relationship of the water
surface elevation of a tlood event to locations ofland surface elevations along a stream or river.
30) "FLOODPROOFING" - Anv combination of structural nrovisions, changes or adiustments to nroperties
and structures, water and sanitary tàcilities and contents of buildings subiect to flooding, for the pumose
ofreducing or eliminating flood damage.
31) "FLOOD PROTECTION ELEVATION" - An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional tlood. (Also see: FREEBOARD.)
, ,
32) "FLOOD STORAGE" - Those tloodplain areas where storage of floodwaters has been taken into
account during analvsis in reducing the regional flood discharge.
33) "FLOODWA Y" - The channel of a river or stream and those nortions of the floodplain adioining the
channel required to carry the regional flood discharge.
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Ordinance #1214 Page 40
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34) "FREEBOARD" - A safetv factor expressed in telms of a specified number of feet above a calculated
flood level. Freeboard compensates for anv factors that cause flood heights greater than those
calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and
floodwavs, the effects of watershed urbanization, loss of flood storage areas due to development and
aggregation of the river or stream bed. i
.
35) "HABITABLE STRUCTURE" - Anv structure or portion thereof used or designed for human habitation.
36) "HEARING NOTICE" - Publication or posting meeting the requirements ofCh. 985, Stats. For appeals,
a Class I notice, published once at least one week (7 davs) before the hearing, is required. For all
zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutivelv,
the last at least a week (7 davs) before the hearing. Local ordinances or bvlaws mav require additional
notice. exceeding these minimums.
37) "HIGH FLOOD DAMAGE POTENTIAL" - Damage that could result from flooding that includes anv
danger to life or health or anv significant economic loss to a structure or building and its contents,
38) "HISTORIC STRUCTURE" - Anv structure that is either:
, ~ . I f ~ .
./ Listed individuallv in the National Register of IIistoric Places or preliminarilv determined bv the
Secretarv of the Interior as meeting the requirements for individual listing on the National Register,
~ '-'-ll'lt-,i[ (II 1 ','v' " .,,', i'l ;.}j t. > I,.~<H I'"' íl: U . f', ,\
./ Certified or preliminarilv detennined bv the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarilv determined bv the Secretary to
qualifv as a registered historic district,
.
./ Individuallv listed on a state inventory of historic places in states with historic preservation programs
which have been approved bv the Secretary of the Interior, or
./ Individuallv listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either bv an approved state program, as determined bv the Secretary of
the Interior: or bv the Secretary of the Interior in states without approved programs.
., .
f'( 1,1. ., .. , ,
'-Î '!
,.
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Ordinance #1214 Page 41
. 39) "INCREASE IN REGIONAL FLOOD HEIGHT" - A calculated upward rise in the regional flood
elevation, equal to or greater than 0.0 I foot. based on a comparison of existing conditions and proposed
conditions which is directlv attributable to development in the floodplain but not attributable to
manipulation of mathematical variables such as roughhess factors, expansion and contraction
coefficients and discharge.
i
40) "LAND USE" - Any nonstructural use made ofunimØroved or improved real estate. (Also see
DEVELOPMENT.)
41) "MANUFACTURED HOME" - A structure transportable in one or more sections, which is built on a
permanent chassis and is designed to be used with or without a pernlanent foundation when connected to
required utilities. The term "manufactured home" includes a mobile home but does not include a
"mobile recreational vehicle,l!
42) "MOBILE RECREATIONAL VEHICLE" - A vehicle which is built on a single chassis, 400 square feet
or less when measured at the largest horizontal proiection, designed to be self-propelled, carried or
permanently towable by a licensed, light-duty vehicle; is licensed for highway use if registration is
required and is designed Drimarily not for use as a Delmanent dwelling, but as temDOrary living quarters
for recreational, camping, travel or seasonal use, Manufactured homes that are towed or carried onto a
Darcel ofland, but do not remain capable of being towed or carried, including park model homes, do not
fall within the definition of "mobile recreational vehicles,"
43) "MUNICIPALITY" or "MUNICIPAL" - The county, city or village governmental units enacting,
administering and enforcing this zoning ordinance.
. 44) "NGVD" or "NATIONAL GEODETIC VERTICAL DATUM" - Elevations referenced to mean sea level
datum, 1929 adiustment.
45) "NEW CONSTRUCTION" - For floodplain management DumosCS, "new construction" means structures
for which the start of construction commenced on or after the effective date of floodplain zoning
regulations adopted by this community and includes any subsequent improyements to such structures.
For the Dumose of determining flood insurance rates, it includes any structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures,
46) "NONCONFORMING STRUCTURE" - An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this ordinance for the area of the
floodplain which it occuDies. (For example, an existing residential structure in the floodfringe district is
a conforming use. However. if the lowest floor is lower than the flood protection elevation, the structure
is nonconforming.)
47) "NONCONFORMING USE" - An existing lawful use or accessorY use of a structure or building which
is not in confonnity with the provisions of this ordinahcc for the area of the floodDlain which it
occuDies. (Such as a residence in the floodway.)
i
48) "OBSTRUCTION TO FLOW" - Any develoDment which blocks the conveyance of floodwaters such
that this develoDment alone or together with any future development will cause an increase in regional
flood height.
i
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49) ;'OFFICIAL FLOODPLAIN ZONING MAP" - That maD, adoDted and made oart of this ordinance, as
described in s. 1.5(2), which has been aDProved by the Department and FEMA,
41
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Ordinance #1214 Page 42
50) "OPEN SPACE USE" - Those uses having a relatively low flood damage potential and not involving
structures. I
t I'll,' ,. ." ,,",l'.,'
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" , , ,
,,5P,~ORDINARY HIGHWATER ~NZ".- Tpe poinf on the bank or shore u~ \0 which the presenc,e and
. .actlOn of surface water IS so contmuous as to leave a dlstmcl1ve mark such as by eroslOn. destructlOn or
"pr~v~ntion of terrestfial vegetation. predominance of aquatic vegetation. or other easily reèogniZed
characteristic.
52) "PERSON" - An individual. or group of individuals. comoration. partnership. association. municipality
or state agency.
53) "PRIV ATE SEWAGE SYSTEM" - A sewage treatment and disposal system serving one structure with a
septic tank and soil absomtion field located on the same parcel as the structure. It also means an
alternative sewage system approved by the Department of Commerce. including a substitute for the
septic tank or soil absorption field. a holding tank. a system serving more than one structure or a system
located 011 a different parcel than t~1i ~tructu'ie. I ;. , ,
54) "PUBLIC UTILITIES" - Those utilities using underground or overhead transmission lines such as
electric. telephone and telegraph. and distribution and collection systems such as water. sanitary sewer
and storm sewer.
f f r"nr,rrj, ,55ù ':REASON.ABJNSlAFE FROM,FLOQQINW,-Means base flood waters will,not i'!undate (h~ ,land or
damage structures to be removed from the special flood hazard area and that any subsurface waters . related to the base flood will not damage existing or proposed buildings.
I'
,q'r, V"" '. I
. ~ .
56) "REGIONAL FLOOD" - A flood determined to be representative of large floods known to have
occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or
exceeded in any given year. and if depicted on the FIRM. the RFE is equivalent to the BFE,
57) "START OF CONSTRUCTION" - The date the building permit was issued. provided the actual start of
construction. repair. reconstruction. rehabilitation. addition. placement. or other improvement was
within 180 days of the permit date, The actual start means either the first placement of permanent
construction on a site. such as the pouring of slab or footings. the installation of piles. the construction
of columns. or any work beyond initial excavation. or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation. such as clearing. grading and
filling. nor does it include the installation of streets and/or walkways. nor does it include excavation for
a basement. footings. piers or foundations or the erection of temporary forms. nor does it include the
installation on the property of accessory buildings. such as garages or sheds not occupied as dwelling
units or not part of the main structure. For ~n alteration. the actual start of construction means the first
alteration of any wall. ceiling. floor or other structural part of a building. whether or not that alteration
~ffeGts the extC\'~al dirvensions oftheb~ilding.
.': r"d' ,! J,'., ,/"".
t .\'
58) "STRUCTURE" - Any manmade obiect with forn1. shape and utility. either permanently or temporarily
attached to. placed upon or set into the ground. stream bed or lake bed. including. but not limited to.
" roofed and walled buildings. gas or liquid storage tanks. bridges. dams and culverts.
I
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59) "SUBDIVISION" - Has the meaning given in s. 236.02(12). Wis. Stats. .
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Ordinance #1214 Page 43
60) "SUBSTANTIAL DAMAGE" - Damage of any origin sustained bv a structure, whereby the cost of
restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized
assessed value of the structure before the damage occurred.
,
,
61) "UNNECESSARY HARDSHIP" - Where special conditions affecting a particular property, which were
not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height
or densitv unnecessarily burdensome or unreasonable :in light of the purposes of the ordinance.
62) "V ARlANCE" - An authorization by the board of adiustment or appeals for the construction or
maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not
uses) contained in the floodplain zoning ordinance.
63) "VIOLATION" - The failure of a structure or other development to be fullv compliant with the
floodplain zoning ordinance, A structure or other development without required permits. lowest floor
elevation documentation, floodproofing certificates or required floodwav encroachment calculations is
presumed to be in violation until such time as that documentation is provided.
64) "WATERSHED" - The entire region contributing runòff or surface water to a watercourse or body of
water.
65) "WATER SURFACE PROFILE" - A graphical representation showing the elevation of the water surface
of a watercourse for each lJosition alone: a reach of river or stream at a certain flood flow. A water
surface profile of the regional flood is used in regulating floodplain areas.
I
,
66) "WELL" . means an excavation openina in the around made bv diaaina, borina, drillina,
drivina or ther methods, to obtain aroundwater reaardless of its intended use.
(1) "^ ZONES" Thoso areos shown on tho "Official Floodplain zoning Map" (see
bolm'!) which would bo immdotod by the "regional flood" as defined below. These
oroos m::JY bo numberod or unnumberod .'\ Zonos. Tho.r... zones mayor may not be
reflectiyo of flood profiles, depending on tho ayoilability of dota for a given ::Jrea.
(2) "^,CCESSORY STRUCTURE OR USE" .r... detached subordinate structure or a
use which is cleorly incidental to ::Jhd custom::Jrily found in connection with the
princip::J1 structure or usa to '....hich it is related, and which is located on the same lot
as thot of the princip::J1 structure or use.
(ð) "'BUILDIÞlG" See STRUCTURE
I
(1) "BULKHE.r...D L1ÞJE" ^ geographic line along a reoch of navigable Viator that has
boen odoptod by a municipol ordinonbe and opproved by the Deportment of Naturol
Resources pursuant te s. 30,11, Statb., and which ::Jllows limited filling betwoen this
bull{heod line and the origin::J1 ordinar/ highwater mork, except where such filling is
prohibited by the f1oodw::JY provisions :of this ordinance.
.
(5) "CERTIFICATE OF COMPLlNICE" .^, certificate issued by the zoning
::Jdministrator stating that the construction and the use of land or a builEling, the
olevation of fill or the lowest floor of a structure is in compliance will all of the
provisions of this ordinance.
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Ordinance #1214 Page 44
(6) "CHANNEL" ,\ natllr::lI or artifioi::J1 wateroourse with definite bed ::Ind banks to
confine and oonduct norm::ll flow of 'tI::Iter.
.
(7) "DEPI\RTMHJT" The Wisoonsin Department of Nqtur,;JI ,Rqcollroes,
" .!",> I,.
(8) "DEVELOPMENT" me::lns any ::Irtifioial ohange to improve or llnimpro'led re::ll
estate. inoluding. bllt not limited to, the oonstruotion of bllildings. strllotllres or
aooessory struotures; tho construction of additions or substantial improvements to
buildings, struotures or ::Iooossory strllotures; tho plocoment of buildings or
structures; mining, dredging. filling. grading. p::lving. exo::lvation or drilling
operations; and the storage. deposition or extraotion of materi::Jls. pllblio or private
sewage disposal systems or "'::Iter sllpply boilities.
(g) "DRYL/\ND I\CCESS" means a vehiculor (lOOeSS route which is above the region31
flood elevation and whioh oonneots land looated in the floodplain to land olltside the
floodpl::lin. such ::IS a ro::ld with its curboe above regional flood elevation ::Ind wide
enough for wheeled reSOlle ::Ind relief vehioles.
(1 0) "E~JCRO,\CHME~JT" I'.ny fill. struoture. building, use or dovelopment in the
flood'Nay.
(11) "eXISTING M.\NUF.^.CTURED OR MOBILE HOME PARK OR SUBDIVISION" 1\
parool (or oontiguous parools) of long' divided into two or more mobile home lots for
rent or sale on whioh the oonstruction of bcilitios for servioing the lots (including. ::It .
a minimum, the inst::lllation of utilitios. either final sito grading or the pouring of
ooncrote p::lds. ::Ind the oonstruotion of streets) is oompleted before the effeotive
dato of this ordin::Jnoe.
(12) "EXD.^.NSION TO EXISTING MOBILlM,^.NUFACTURED HOME P.\RK" means the
prep::lration of additional sites by the constwction of faoilities for servioing the lots
on 'Nhioh the mobile homes ::Ire to be plaoed. This includes inst::lllation of utiiities.
either fin::ll sit!? grading. pOllring pads. or construction of streets.
(1J) "FEDERAL EMERGENCY M!'.NI\GEMENT .'\GE~ICY (FEM!'.)" The federal agenoy
that administers the ~btional Flood Insur::lnoe Program. This ::Igenoy was
previously known ::IS the Federal Incur::lnoe Administration (rIA). or Department of
Housing and Urban Developmont (HUD).
"
(14) "FLOOD" or "FLOODING" me::lns a general ::Ind temporary oondition of parti::ll or
oomplete inllndation of normally dry l::Ind areas oaused by:
I
(::I) The overflow or risc of inland waters;
(b) The r::lpid accumlliation or rllnoff of surbce waters from ::Iny source; and
(0) The inllnd::ltion oaused by wa)'es or currents of .....::Iter exoeeding ::Inticipated
oyolioallevels ::Ilong the shore of Lal'.e Miohigan or Lal<e Superior; ::Ind
I . r'^,t " I
"
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Ordinance #1214 Page 45
(d) The sudden increase c3used by 3n unusu311y high water levol in 3 n3tur31
body of 1'\'3tor. accompanied by a severo storm. or by an unanticipated force
of nature. such as 3 seiche. or by some similarly unusual event.
(15) "FLOOD FREQUENCY" means the prob3bility of a flood occurrence. I'. flood
frequency is generally determined from st3tistical analyses. The frequency of 3
particular flood event is usually exprossed as occurring. on the average. once in a
specified number of ye3rs or 3S a percent (%) chance of occurring in any given
}IB{*--
(16) "FLOODFRINGE" That portion of the floodpl3in outside of the floodway which is
cO'JOred by flood waters during the region31 flood and generally associated with
standing w3ter rather th3n flowing w3ter.
(17) "FLOOD HAZARD BOUND:\RY MAP" ,II, map prepared by FEMA designating
apprm(Ímate flood haz3rd are3S. Flood hazard areas are designated as
unnumbered .II, Zones and do not cont3in floodway lines or region31 flood
elev3tions. Said m:Jp forms the basis for both the regulatory :Jnd insurance :Jspects
of the ~Jation31 Flood Insurance Program.
(18) "FLOOD INSUR,I\~JCE STUDY" A technical engineering examin3tion, eV3luation,
and determin:Jtion of the local flood haz:Jrd areas. It provides maps design:Jting
those 3re:JS :JUected by the region:J1 flood 3nd provides both flood insur3nce r3te
zones and regional flood elevations: and m:JY pro'/ide floodway lines. The flood
h:Jz3rd ::irOClS are design3ted 3S numbered 3nd unnumbered /\ Zones. Flood
insur:Jnce study maps form the b3Sis for both the regulatory and the insur:Jnce
:Jspects of the Nation::il Flood Insur:Jnce Program.
,
(19) "FLOODPLAIW Thatl::ind '",hich h::is been or may be here:Jfler covered by flood
'....::iter during the regional flood. The floodpl:Jin includes the flood\ll:JY and the
floodfringe, ::ind may include other design3tod floodplain 3reas for rogul:Jtory
purposes.
(20) "FLOODPLAIN ISL/\~JD" me3nS::i n:Jtur:J1 geologic l:Jnd formation within the
floodpl:Jin that is surrounded. but not covered, by floodw:Jter during the regional
fIee4-
'
(21) "FLOODPL/\IN M^NAGEME~lT" means the full r:Jnge of public policy and :Jction
f-or insuring wise use of floodpbins. It includes evor/thing from the collection and
dissemination of flood data to tho acquisition of floodpbin lands 3nd the enoctment
3nd 3d ministration of codes. ordin:Jnces 3nd statutes for land use in the floodpl:Jin.
(22) "FLOOD PROFILE" A gr3ph or :J lohgitudin31 profile line sho'Ning the relationship
of the water surbco elevation of 3 flood evant to locations of land surface
elevations along a stream or river.
(2a) "FLOODPROOFING" means any cOmbination of structur31 provisions, changes or
adjustments to properties and struct~res, .....3ter :Jnd s3nit:Jry f3cilities and contonts
of buildings subject to flooding. for 'he purpose of reducing or eliminating flood
dam3ge. I
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Ordinance #1214 Page 46
(24) "FLOOD PROTECTlmJ ELEVATION" An elevation two feet of freeboard above
the w::Jter ~urfuce profile elevation de~ignated for the regional flood. (.^,I~o ~ee:
FREEBOI'.RD.)
(25) "FLOOD STORAGE" means thow floodplain area~ where ~torage of floodwater~
has been taken into account during analysis in reducing the regional flood
di~charge.
.
(26) "FLOODW/\Y" The ch::Jnnel of a river or ~tream ::md those portiom: of the
floodplain adjoining the channel required to carry the regional flood discharge.
(27) "FREEBOI',RD" mean~ a flood protection elevation requirement de~igned as a
safety faolor which i~ usually expre~~ed in terms of a specified number of feet
above a c::Jlculated flood level. Freeboard compen~ates for the effects of any
factors th::Jt contribute to flood height~ greater than tho~e calculaled. The~e foolor~
include, but ::Jre not limited to, icp jam~, debri~ accumulation, wave action,
ob~truction of bridge opening~ and Ilood'^,ay~, the effcct~ of urbanization on tho
hydrology of the w::Jter~hed, lo~~ of flood ~tor::Jge areas due to development and
::Jggregation of the river or stre::Jm bed.
(2g) "HABITABLE BUILDINGS" me::Jns any building, or portion thereof used for hum::Jn
habitation.
(29) "HEARING ÞJOTICE" me::Jns publication or po~ting meeting the requirements of .
Ch. 9g5, Stats. Cla~s 1 notice is the minimum required for appeal~: Published once
at 1C::J~t one weok (7 d::JY~) before the hearing. Cla~~ 2 notice is tho minimum
required for all zoninq ordinance~ and amendments includinq map amendments:
published twice. once eaoh week consecutivelv, the last at le::Jst a week (7 dav~)
before the hearinq, Loc::J1 ordinances or bylaw~ may require additional notice.
exceedinq the~e minimum~.
(dO) "HIGH FLOOD DAM/\GE POTEÞJTlAL" mean~ d::Jmage th::Jt could result from
flooding that include~ ::Jny danger to life or he::Jlth or any ~ignificant economic lo~s to
a ~tructure or building ::Jnd it~ content~.
(d1) "HUMI'.N H,^.BITI'.TION" me::Jn~ a hum::Jn ro~idence or dwelling.
(32) "INCREASE IN REGIONAL FLOOD HEIGHT" mean~::J calculated upward riw in
the regional flood elevation, equ::Jlto or gre::Jter than 0.01 f-ool, ro~ulting compari~on
of exi~ting condition~ ::Jnd propocod condition~ which i~diroctly attributable to
development in the floodpl::Jin but not ::Jttributable to manipulation of mathematic::J1
v::Jri::Jble~ such a~ roughne~~ bctors, exp::Jn~ion and contr::Jction coefficient~ and
I ' .,., I
di~charge,
(3d) "LAND USE" I'.ny nonstructural use' made of unimproved or improved real e~tate,
(Also see DEVELOPMENT)
1(; ." I",j ., I
1
I I ( ~ d' (34)..., "MOBILE HOME" or "M/\NUF,^.CTU9ED HOME" .^-. structure transportable in one
or more sections, which is built on ::J igermanent chd~~is iind is' designed to be used .
~'. (~
46
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Ordinance #]2]4 Page 47
with or without a permanent foundotion when connected to required utilities. For
the purpose of this ordinonce, it does not include recreationol vehicles or travel
trailers.
(35) "MUÞJlCIPALlTY" or "MUÞJICIP/\L" meons the county, city or villoge governmentol
units enacting, administering and enforcing this zoning ordin:mce.
(36) "W"VD" or "NATIONAL GEODETIC VERTICAL D/\TUM"
referenced to meon sealevel dotum, 1929 adjustment.
meons elevotions
(37) "NONCONFORMING STRUCTURE" an el<isting lawful structure or building which
is not in conformity with the dimensional or structural requirements of this ordinance
for the areo of the floodplain which it occupies. (For example, an existing
residential structure in the floodfringe district is 0 conforming use. However, if the
first floor is lower thot the flood protection elevotion, the structure is
nonconforming.)
(38) "NONCOÞJFORMIÞJG USE" /\n existing la'Nfuluse or accessory use of a structure
or building which is not in conformity with the provisions of this ordinonce for the
oreo of the floodplain which it occupies. (Such os a residence in the floodway.)
(39) "08STRUCTIOÞJ TO FLOW" means any develepment which physically blocks the
conveyonce of floedwaters such that this development by itself for in conjunction
with any future similar development will cause an increase in regional flood height.
(10) "OFFICI/\L FLOODPLI\IÞJ ZmJlNG M.^,P" Thot map, adopted ond mode port of
this ordinance, os described in s. 1.5(2), which h3S been 3pproved by the
Deportment of Naturol Resources ond FEMI\.
(11) "OPEN SPACE USE" Those uses hoving a relotively low flood dam3ge potential
and not invelving structures.
(12) "ORDIW\RY HIGHW/\TER MARK" The point on the bonk or shore up to which the
presence and oction of curf3ce woter is so continuous os to leove 3 distinctive mork
such as by erosion, destruction or prevention of terrestrial veget3tion,
predominonce of aquotic veget3tion, or ether easily recognized characteristic.
(13) "PERSOÞl" An individu31, or group of individuals, corporotion, partnership,
associotion, municip31ity or state ogency.
(11) "PRIVATE SEW/\GE SYSTEM" means a wwage treotment ond dispOS31 system
serving a single structure with a septic tank and soil abwrption field locoted on the
some porcel as the structure. This term also me3r1S' an olternotive sew3ge system
opproved by the department of industry, labor ond human relations including 3
substitute for the septic t3nk or soil 3bsorption field, 3 holding t3nk, a system
wrving more than one structure or a system located on a different parcel than the
structure.
47
Ordinance #1214 Page 48
(45) "PUBLIC UTILITIES" means thoso utilities using underground or overhe3d
transmission lines such as electric, telephone and telegr3ph, and distribution and
collection system such as w3ter, sanitpry sewer and storm se'....er.
,
(46)
(47)
(4g)
o
.
"REGIO~JAL FLOOD" .^. flood determined to be representative of I3rge floods
known to have occurred in 'Niscons'in or which may be expected to occur on a
particul3r lake, river or stream once in ever! 100 years.
"STRUCTUR~" .'\ny man made object with form, shape and utility, either
permanently or temporarily att3chedto, pl3ced upon or set into the ground, stream
bed or lake bed, which includes, but is not limited to, such objects as roofed and
w311ed buildings, g3S or liquid storage tanks, bridges, dams and culverts.
"SUBST/\~lTI/\L IMPROVEMENT" .'\ny structural repair, reconstruction, or
improvement of a structure, the cost of '....hich equals or exceeds fifty percent (50%)
of the present equalized assessed v31ue of the structure oither before the
improvement or repair is started, or if the structure has been dam3ged, and is boing
restored, before the damage occurred. The term does not, however, include either:
(a) Any project for improvement of a structure to comply with CJ<isting state or
local he31th, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions.
(b) Any alteration of a structure dr site documented as deserving preser/3tion
by the Wisconsin State Historic31 Society, or listed on the ~Jation31 Register
of Historic Places. .
Ordinary mainten3nce repairs are not considered structur31 repairs, modifications or
additions. Such ordinar; mainten3nce repairs include internal and external painting,
decorating, paneling and the replacement of doors, windows, and other
nonstructur31 components. (For purposes of this definition, "substantbl
improvement" is considered to occur when the first 31toration of any wall, ceiling,
floor, or other structural p3rt of the building commences, whether or not th3t
alteration affects the external dimensions of the structure.)
(19) "UNNECESSARY H.^.RDSHIP" means that circumst3nce where special conditions
affecting a particular property, which were not self created, have made strict
confDrmity with restrictions governing are3S, setbacks, front3ge, height or density
unnecess3rily burdensome or unre3sonable in light of the purposes of the
ordinance.
" '1
(50)
r
(51)
{ '.1 !"! '1
11
"V/\RI/\NCE" means 3n authoriz3tion by the BO;Jrd of Adjustment or .^.ppe3Is for
the construction or maintemnce of ~ building or structure in ';J manner which is
inconsistent with dimensional stand;Jrds cont;Jined in the floòdplain zoning
ordin;Jnce.
"VV.'\TERSHED" me3ns the entire region or area contributing runoff or sur!;Jce
water to a p;Jrticular w3tercourse or bddy of water.
.
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Ordinance #1214 Page 49
(52) "W.'\TER SURFACE PROFILE" means a graphical representation showing the
elevation of the water sLJrf3ce of a watercourse for each position 310ng a re3ch of
river or stre3m at 3 certain flood flm.". ^ water surface profile of the region31 flood is
uced in regul3ting floodpl3in 3re3S.
(5:J) "WELL" me3ns an excav3tion opening in the ground made by digging, boring,
drilling, driving or other methods, for the purpose of obtaining groundwater
regardless of its intended use.
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Ordinance #1214 Page 50
MODEL FLOODPLAIN ZONING ORDINANCE :'\DDENDUM
.
For Mobile/Manubctured Homes
I
,
September ,1990
To reflect the 1989 ch3nges to the Feder31 Emergoncy M3nagement ^gency's (FEM.^.) ~Jation~li
Flood Incur3nce Program regulations, the following ch3nges should be m3de to tho Dep3r1ment's
model floodpl3in zoning ordin3nces. d3ted M3rch 1988. The DNR Model Floodpl3in loning
Ordinance has a yellow cover, the Model for combined Fleodpl3in and Shorel3nEt VVetl3nd loning
h3s a g r3Y cover.
1. Section -1.ð(12) of the Yellow DNR Modol. and s. 4.1(6) of the Grav DNR Model should
re3d:
"(12) MOBILE HOMES AND M^NUF.^.CTURED HOMES
(a)
(b)
Owners or oper3tors of all mebilelm3nufactured home parks 3nd subdivisions
located in the region31 floodpl3in must provido for 3dequate surfaco dr3inage to
minimize flood d3m3ge 3nd prep3re. secure approval and file an evacuation plan.
indic3tinq vehicul3r access 3nd OSC3pe routes. with the appropriato local
emerqoncv m3naqement 3uthorities. '
.
In existing mobile home p3rks, 311 new homes with new pads, repl3cement units on
existing pads, and substantially improved mobilelm3nufacturod homes and
recreational vehicles th3t rem3in on dte in excess of 180 d3Vs. or 3re unlicensed or
not ready for hiqhwav use 3nd which are pl3cod or improved en a site located in the
region31 floodplain Sh311:
1. h3ve the lowest floor elevated to the region31 flood elev3tion; 3nd
2. be 3nchored so they do not f103t. collapse ro move later311y during a flood.
(c) Outside existinq mobile home P3rks. all new. replacement 3nd substanti311y
improved mobile/manufactured homes 3nd recre3tional vehicles th3t remain on site
in excess of 180 days, are unlicensed or which are not re3dv for hiqhway use 3nd
which are placod or improved on a site loc3ted in the reqiOn31 floodpbin Sh311 meet
the residenti31 development st3ndards for the floodfrinqe in s. 4.3(2)."
,
,', ,.,
"(3-1)
4 .
2. IA both models, chaAge the delini\isAs belsw as shewn:
I
"MOBILE HOME" "Mi\NUF^CTURED HOME" a structure tr~lnsportable in one or
more sections, which is build on (] permanent ch3ssis and is designed to be used
yiith or without a porm3nent foundation when connected to required utilities. For
the purposo of this ordin3nco, it dO\3s not include recreational vehicles or travel
tr3ilers which remain licensed and re3dv for hiqhway use and providinq they remain
on site less th3n 180 days." I .., .':';; .
J
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Ordinance #1214 Page 51
If ïG~ have ~~estions ßlease sontact your mlR distrist floodpl3in mana~ement specialist or water re~ulation
s~ßerviwr er s311 (e9g) 266 Q1ê1.
MODEL FLOODPLI'.IN ORDINANCE ADDENDUM
For Historical Str~ctures; Substantial Improvements
June 1990
To reflect the 1999 changes to the Federal Emergency ~13nagement Agency's (FEMJ'.) National
Floed Insurance Program regulations, the following changes should be made to the Department's
model fleodplain zoning ordinances, dated March 1999. The DNR Model Floodplain Zoning
Ordinance has a yellow cover, the Model for combined Floodplain and Shoreland Wetland Zoning
has a gray cover.
1. Yellow D~JR Model. PAGE 6, SECTION 3.2(1) Grey DNR Medel, s. 1.2(2)(d);
Change this to read:
"uses or struct~res accessery to open space uses, or those classified as historic structures,
that ore not in conflict 'Nith the provisions in ss. 3.3 and 3.1."
2. Yellow DNR Model, P/\GE 7. SECTION 3.3(2); change this to read:
"(2) STRUCTURES: In or over floodwa)' areas only structures which are accessof)' to
permanent open space uses, or those classified as historic structures or are functionally
dependent on a waterfront lecation, may bo allowed by permit, providing the structures
meet all of the following criteria:"
The gray D~IR Model ordinance section 4.2(3)(b) should also read as above.
3. Yellow Model, P/\GE 23, SECTION 7.3(4)(b) and qray Medel, s. 6.6(2) (new sub. "q"); Add
the following language:
"g. J\lIow any alteration of a historic structure. includinq its use. which would preclude its
continued desiqnation as a historic structure."
1. Yellow Model. PJ'.GE 29, SECTlml 10.1. and Gray Model. s. 9.1; /\dd the following
definition:
"HISTORIC STRUCTURE" means any structure that is:
(a) Listed individually in the ~lational Register of Historic Places or preliminarily determined
by the Secretar; of the Interior as meeting the requirements for individual listing on the
National Register;
51 "
Ordinance #1214 Page 52
(b) Certified or prelimin3rily determined by the Secret3ry of the Interior iJS contributing to .
the historic31 significiJnce of a registered historic district or iJ district preliminiJrily
determined by the Secret3ry to qualify as a registored historic dietrict;
(c) Individu311y listed on iJ et3te inventory of historic placee in etiJtes with historic
preserv3tion progfiJms which have been 3ppro'led by the Secretary of the Interior; or
(d) IndividuiJlly listed on a leC31 inventory of historic places in communities with historic
preservation progr3ms th3t hiJve been certified either by 3n 3pprovee state progfiJm, as
determined by tho Socret3rj of the Interior; or directly by the Secretory of the Interior in
st3tes without approved programs."
á. Add to or change the definition of "mobilo or manufactures homo to ass tho
underlines phaso:
"(a1) Mobile Home er Manufactured Home" iJ Etructure tr3nsportiJble in one or more
sections, which is built on a perm3nent ch3esis 3nd ie designed to be uted with or without
iJ pormanent found3tion when connected to required utilities. For this ordinance, it does
not include recreationiJl vehicles' or tr3'1el tfiJilers which remain licensed 3nd reodv for
hiqhw3V use iJnd providinq thev remain on site leSE thiJn 180 daVE."
ê. Ch3nge the definition of "subst3ntiol improvement" iJS noted below:
"(b) I\ny 31tefiJtion of 3 Etructure or site documented as deEerving preservation by the
Wisconsin St3te Historical Society or listed on the NationiJl Register of Historic Places . provided the 31ter3tion will not precluee the structure's continued dm;iqmtion 3S 3 historic
structure."
If you havo ,:my questions please contact your DNR district floodplain m3nagement specialist or water
regulation supervisor or call 60ß 266 0161.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
,
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF ,2006. .
52
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Ordinance #1214 Page 53
CITY OF MUSKEGO
Charles H. Damaske, Mayor
ATTEST: First reading:
Cover Ordinance Published this day of
March,2006
Clerk-Treasurer
2/06 jmb
) I 53