ORD20141340-Chapter 14-FinalCITY OF MUSKEGO
CHAPTER 14 - FLOODPLAIN ZONING ORDINANCE
(Ord. #1340 – 2-20-2014)
1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE,
TITLE AND GENERAL PROVISIONS. ........................................................................... 1
1.1 STATUTORY AUTHORIZATION .............................................................................. 1
1.2 FINDING OF FACT .................................................................................................. 1
1.3 STATEMENT OF PURPOSE .................................................................................... 1
1.4 TITLE ....................................................................................................................... 1
1.5 GENERAL PROVISIONS ......................................................................................... 1
2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICT ................... 5
2.1 HYDRAULIC AND HYDROLOGIC ANALYSES ........................................................ 6
2.2 WATERCOURSE ALTERATIONS ............................................................................ 6
2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT .................................................. 6
2.4 PUBLIC OR PRIVATE CAMPGROUNDS ................................................................. 6
3.0 FLOODWAY DISTRICT (FW) ........................................................................................ 7
3.1 APPLICABILITY ....................................................................................................... 7
3.2 PERMITTED USES .................................................................................................. 8
3.3 STANDARDS FOR DEVELOPMENTS IN THE FLOODWAY ................................... 8
3.4 PROHIBITED USES ................................................................................................. 9
4.0 FLOODFRINGE DISTRICT (FF) ...................................................................................10
4.1 APPLICABILITY ......................................................................................................10
4.2 PERMITTED USES .................................................................................................10
4.3 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE ...............................10
5.0 OTHER FLOODPLAIN DISTRICT .................................................................................13
5.1 GENERAL FLOODPLAIN DISTRICT (GFP) ............................................................13
5.2 FLOOD STORAGE DISTRICT ................................................................................14
6.0 NONCONFORMING USES ...........................................................................................15
6.1 GENERAL ...............................................................................................................15
6.2 FLOODWAY DISTRICT ..........................................................................................17
6.3 FLOODFRINGE DISTRICT .....................................................................................18
6.4 FLOOD STORAGE DISTRICT ................................................................................19
7.0 ADMINISTRATION ........................................................................................................19
7.1 ZONING ADMINISTRATOR ....................................................................................19
7.2 ZONING AGENCY ..................................................................................................25
7.3 BOARD OF ADJUSTMENT/APPEALS ....................................................................25
7.4 TO REVIEW APPEALS OF PERMIT DENIALS .......................................................28
7.5 FLOODPROOFING STANDARDS FOR NONCONFORMING STRUCT./USES ......29
7.6 PUBLIC INFORMATION ..........................................................................................29
8.0 AMENDMENTS .............................................................................................................30
8.1 GENERAL ...............................................................................................................30
8.2 PROCEDURES .......................................................................................................30
9.0 ENFORCEMENT AND PENALTIES ..............................................................................31
10.0 DEFINITIONS ...............................................................................................................31
CITY OF MUSKEGO
CHAPTER 14 - FLOODPLAIN ZONING ORDINANCE
1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE,
TITLE AND GENERAL PROVISIONS.
1.1 STATUTORY AUTHORIZATION
This ordinance is adopted pursuant to the authorization in ss. 61.35 and 62.23, for
villages and cities; 59.69, 59.692 and 59.694 for counties; and s. 87.30, Wis. Stats.
1.2 FINDING OF FACT
Uncontrolled development and use of the floodplains and rivers of this municipality
would impair the public health, safety, convenience, general welfare, and tax base.
1.3 STATEMENT OF PURPOSE
This ordinance is intended to regulate floodplain development to:
(1) Protect life, health and property;
(2) Minimize expenditures of public funds for flood control projects;
(3) Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
(4) Minimize business interruptions and other economic disruptions;
(5) Minimize damage to public facilities in the floodplain;
(6) Minimize the occurrence of future flood blight areas in the floodplain;
(7) Discourage the victimization of unwary land and homebuyers;
(8) Prevent increases in flood heights that could increase f lood damage and result in
conflicts between property owners; and
(9) Discourage development in a floodplain if there is any practicable alternative to
locate the activity, use or structure outside of the floodplain.
1.4 TITLE
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
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This ordinance regulates all areas that would be covered by the regional flood or
base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps
approved by the DNR. Base flood elevations are derived from the flood profiles
in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones
on the FIRM. Other regulatory zones are displayed as A and AO zones.
Regional Flood Elevations (RFE) may be derived from other studies. If more
than one map or revision is referenced, the most restrictive information shall
apply.
(2) OFFICIAL MAP & REVISIONS
The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-
30 on the maps based on the Flood Insurance Study (FIS) listed below. Any
change to the base flood elevations (BFE) or any changes to the boundaries of
floodplain or floodway in the (FIS) or on the Flood Insurance Rate Map (FIRM)
must be reviewed and approved by the DNR and FEMA through a Letter of Map
Change process (see s. 8.0 Amendments) before it is effective. No changes to
RFE's on non-FEMA maps shall be effective until approved by the DNR. These
maps and revisions are on file in the office of the Community Development
Department, City of Muskego. If more than one map or revision is referenced,
the most restrictive information shall apply.
(a) OFFICIAL MAPS : Based on the FIS:
1. Flood Insurance Rate Map (FIRM), panel numbers 55133C0339F,
55133C0342F, 55133C0343F, 55133C0344F, 55133C0361F,
55133C0362F, 55133C0363F, 55133C0364F, 55133C0452F,
55133C0454F, 55133C0456F, 55133C0457F, 55133C0458F,
55133C0459F, 55133C0476F, 55133C0477F, and 55133C0478F
dated November 19, 2008; with corresponding profiles that are based
on the Flood Insurance Study (FIS) dated February 19, 2014, volume
numbers 55133CV001B, 55133CV002B, and 55133CV003B;
Approved by: The DNR and FEMA
2. Letter of Map Revision (LOMR) updating the Special Flood Hazard
Area boundaries along the Unnamed Tributary to Muskego Canal on
the FIRM maps for panel numbers 55133C0343F and 55133C0344F,
effective as of September 30, 2009.
Approved by: The DNR and FEMA
3. Letter of Map Revision based upon Fill (LOMR-F), Case No. 10-05-
2842A, updating the Special Flood Hazard Area boundaries along the
Quietwood Creek on Lots 10-15 within the Northfield Green
Subdivision on the FIRM maps for panel number 55133C0361F,
effective as of April 8, 2010.
Approved by: The DNR and FEMA
(b) OFFICIAL MAPS: Based on other studies.
1. 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
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and floodway along the Muskego Canal on the following map: 100
Year Floodplain/Floodway Muskego Canal prepared by Ruekert &
Mielke, the City’s consulting engineers.
This map, dated February 1998, is the official Floodplain Zoning Map
and has been approved by the Department of Natural Resources, and
is on file in the office of the Clerk-Treasurer. (Ord. #945 - 03-05-98)
2. The boundary of the floodplain districts including the floodway,
floodfringe and other floodplain districts, are those areas designated
as floodplain districts on a map 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)
3. 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 on a map prepared by Ruekert and Mielke Inc.
The boundary of the floodplain district including the floodway,
floodfringe, and other floodplain districts for the areas excluded from
the boundaries of a parcel described as Tax Key Numbers 2174.195,
2174.109.001 and 2174.945 as those areas designated to be outside
of this floodplain district or A-Zones on a map prepared by Ruekert
and Mielke Inc.
This map, dated November 14, 2000, and further updated on March
27. 2001, is the official Floodplain Zoning Map and has been
approved by the Department of Natural Resources, and is on file in
the Office of the Clerk-Treasurer. (Ord. #1032 – 11-22-2000)
4. Flood Storage Maps for Waukesha County, panel numbers 9 and 10,
dated November 19, 2008. Approved and prepared by the DNR.
(3) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS
The regional floodplain areas are divided into four districts as follows:
(a) The Floodway District (FW), is the channel of a river or stream
and those portions of the floodplain adjoining the channel required
to carry the regional floodwaters and are contained within AE
Zones as shown on the FIRM.
(b) The Floodfringe District (FF) is that portion between the regional
flood limits and the floodway and displayed as AE Zones as
shown on the FIRM.
(c) The General Floodplain District (GFP) is those areas that may be
covered by floodwater during the regional flood and does not a
BFE or floodway boundary determined, including A, AH and AO
zones on the FIRM.
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(d) The Flood Storage District (FSD) is that area of the floodplain
where storage of floodwaters is calculated to reduce the regional
flood discharge.
(4) LOCATING FLOODPLAIN BOUNDARIES
Discrepancies between boundaries on the official floodplain zoning map
and actual field conditions shall be resolved using the criteria in subd. (a)
or (b) below. If a significant difference exists, the map shall be amended
according to s. 8.0 Amendments. The zoning administrator can rely on a
boundary derived from a profile elevation to grant or deny a land use
permit, whether or not a map amendment is required. The zoning
administrator shall be responsible for documenting actual pre-
development field conditions and the basis upon which the district
boundary was determined and for initiating any map amendments
required under this section. Disputes between the zoning administrator
and an applicant over the district boundary line shall be settled according
to s. 7.3(3) and the criteria in (a) and (b) below. Where the flood profiles
are based on established base flood elevations from a FIRM, FEMA must
approve any map amendments or revisions pursuant to s. 8.0
Amendments.
(a) If flood profiles exist, the map scale and the profile elevations
shall determine the district boundary. The regional or base flood
elevations shall govern if there are any discrepancies.
(b) Where flood profiles do not exist for projects, the location of the
boundary shall be determined by the map scale.
(5) REMOVAL OF LANDS FROM FLOODPLAIN
Compliance with the provisions of this ordinance shall not be grounds for
removing land from the floodplain unless it is filled at least two feet above
the regional or base flood elevation, the fill is contiguous to land outside
the floodplain, and the map is amended pursuant to s. 8.0 Amendments.
(6) COMPLIANCE
Any development or use within the areas regulated by this ordinance
shall be in compliance with the terms of this ordinance, and other
applicable local, state, and federal regulations.
(7) MUNICIPALITIES AND STATE AGENCIES REGULATED
Unless specifically exempted by law, all cities, villages, towns and
counties are required to comply with this ordinance and obtain all
necessary permits. State agencies are required to comply if s. 13.48(13),
Stats., applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of
Transportation are exempt when s. 30.2022, Stats., applies.
(8) ABROGATION AND GREATER RESTRICTIONS
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(a) This ordinance supersedes all the provisions of any municipal
zoning ordinance enacted under s. 59.69, 59.692 or 59.694 for
counties; s. 62.23 for cities; or s. 61.35 for villages; or s. 87.30,
Wis. Stats., which relate floodplains. A more restrictive ordinance
shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
(b) This ordinance is not intended to repeal, abrogate or impair any
existing deed restrictions, convents or easements. If this
ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail.
(9) INTERPRETATION
In their interpretation and application, the provisions of this ordinance
shall be held to be minimum requirements liberally construed in favor of
the governing body and not a limitation on or repeal of any other powers
granted by the Wisconsin Statutes. If a provision of this ordinance,
required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall
be interpreted in light of the standards in effect on the date of the
adoption of this ordinance or in effect on the date of the most recent text
amendment to this ordinance.
(10) WARNING AND DISCLAIMER OF LIABILITY
The flood protection standards in this ordinance are based on
engineering experience and research. Larger floods may occur or the
flood height may be increased by man-made or natural causes. This
ordinance does not imply or guarantee that non-floodplain areas or
permitted floodplain uses will be free from flooding and flood damages.
The ordinance does not create liability on the part of, or a cause of action
against, the municipality or any officer or employee thereof for any flood
damage that may result from reliance on this ordinance.
(11) SEVERABILITY
Should any portion of this ordinance be declared unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected.
(12) ANNEXED AREAS FOR CITIES AND VILLAGES
The Waukesha County floodplain zoning provisions in effect on the date
of annexation shall remain in effect and shall be enforced by the
municipality for all areas annexed by the municipality until the municipality
adopts and enforces an ordinance which meets the requirements of ch.
NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance
Program (NFIP). These annexed lands are described on the
municipality’s official zoning map. County floodplain zoning provisions
are incorporated by reference for the purpose of administering this
section and are on file in the office of the municipal zoning administrator.
All plats or maps of annexation shall show the regional flood elevation
and the floodway location.
2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICT
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The community shall review all permit applications to determine whether the proposed
building sites will be reasonably safe from flooding. If a proposed building site is in a
flood-prone area, all new construction and substantial improvements shall be designed
and anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant
materials; be constructed to minimize flood damages and to ensure that utility and
mechanical equipment is designed and/or located so as to prevent water from entering
or accumulation within the equipment during conditions of flooding.
Subdivisions shall be reviewed for compliance with the above standards. All subdivision
proposals (Including manufactures home parks) shall include regional flood elevation
and floodway data for any development that meets the subdivision definition of this
ordinance and all other requirements in s. 7.1(2). Adequate drainage shall be provided
to reduce exposure to flood hazards and all public utilities and facilities, such as sewer,
gas, electrical, and water systems are located and constructed to minimize or eliminate
flood damages.
2.1 HYDRAULIC AND HYDROLOGIC ANALYSES
(1) No floodplain development shall:
(a) Obstruct flow, defined as development which blocks the conveyance of
floodwaters by itself or with other development, causing any increase in
the regional flood height; or
(b) Cause any increase in the regional flood height due to floodplain storage
area lost.
(2) The zoning administrator shall deny permits if it is determined the proposed
development will obstruct flow or increase in the regional flood height, based on
the officially adopted FIRM or other adopted map, unless the provisions of s. 8.0
Amendments are met.
2.2 WATERCOURSE ALTERATIONS
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be
issued until the local official has notified in writing all adjacent municipalities, the
Department and FEMA regional offices, and required the applicant to secure all
necessary state and federal permits. The standards of s. 2.1 must be met and the flood
carrying capacity of any altered or relocated watercourse shall be maintained.
2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT
Development which required a permit from the Department, under chs. 30 and 31,
Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids,
may be allowed provided the necessary permits are obtained and amendments to the
floodplain zoning ordinance are made according to s. 8.0 Amendments.
2.4 PUBLIC OR PRIVATE CAMPGROUNDS
Public or private campgrounds shall have a low flood damage potential and shall meet
the following provisions:
(1) The campground is approved by the Department of Health Services;
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(2) A land use permit for the campground is issued by the zoning administrator;
(3) The character of the river system and the elevation are such that a 72-hour warning
of an impending flood can be given to all campground occupants;
(4) There is an adequate flood warning procedure for the campground that offers the
minimum notice required under this section to all persons in the campground. This
procedure shall include a written agreement between the campground owner, the
municipal emergency government coordinator and the chief law enforcement
official which specifies the flood elevation at which evacuation shall occur,
personnel responsible for monitoring flood elevations, types of warning systems to
be used and the procedures for notifying at-risk parties, and the methods and
personnel responsible for conducting the evacuation;
(5) This agreement shall be for no more than one calendar year, at which time the
agreement shall be reviewed and updated - by the officials identified in sub. (4) - to
remain in compliance with all applicable regulations, including those of the state
Department of Health Services and all other applicable regulations;
(6) Only camping units that are fully licensed, if required, and ready for highway use
are allowed;
(7) The camping units shall not occupy any site in the campground for more than 180
consecutive days, at which time the camping unit must be removed from the
floodplain for a minimum of 24 hours;
(8) All camping units that remain on site for more than 30 days shall be issued a
limited authorization by the campground operator, a written copy of which is kept
on file at the campground. Such authorization shall allow placement of a camping
unit for a period not to exceed 180 days and shall ensure compliance with all the
provisions of this section;
(9) The municipality shall monitor the limited authorizations issued by the campground
operator to assure compliance with the terms of this section;
(10) All camping units that remain in place for more than 180 consecutive days must
meet the applicable requirements in either s. 3.0, 4.0 or 5.0 for the floodplain
district in which the structure is located;
(11) The campground shall have signs clearly posted at all entrances warning of the
flood hazard and the procedures for evacuation when a flood warning is issued;
and
(12) All service facilities, including but not limited to refuse collection, electrical service,
gas lines, propane tanks, sewage systems and wells shall be properly anchored
and placed at or floodproofed to the flood protection elevation.
3.0 FLOODWAY DISTRICT (FW)
3.1 APPLICABILITY
The section applies to all floodway areas on the floodplain zoning maps and those
identified pursuant to s. 5.4.
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3.2 PERMITTED USES
The following open space uses are allowed in the Floodway District and the floodway
areas of the General Floodplain District, if:
- they are not prohibited by any other ordinance;
- they meet the standards in s. 3.3 and 3.4; and
- all permits or certificates have been issued according to s. 7.1:
(1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture,
viticulture and wild crop harvesting.
(2) Nonstructural industrial and commercial uses, such as loading areas, parking
areas, and airport landing strips.
(3) Nonstructural recreational uses, such as golf courses, tennis courts, archery
ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting, trap, and skeet activities,
hunting and fishing areas and hiking and horseback riding trails, subject to fill
limitations of s. 3.3(4).
(4) Uses or structures accessory to open space uses, or classified as historic
structures that comply with ss. 3.3 and 3.4.
(5) Extraction of sand, gravel or other materials according to s. 3.3(4).
(6) Functionally water-dependent uses, such as docks, piers or wharves, dams,
flowage areas, culverts, navigational aids and river crossings of transmission
lines, and pipelines, according to chs. 30 and 31, Stats.
(7) Public utilities, streets and bridges, according to s. 3.3(3).
3.3 STANDARDS FOR DEVELOPMENTS IN THE FLOODWAY
(1) GENERAL
(a) Any development in the floodway shall comply with s. 2.0 and have low
flood damage potential.
(b) Applicants shall provide the following data 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, showing if the proposed development will
obstruct flow; or
2. An analysis calculating the effects of this proposal on regional
flood height.
(c) The zoning administrator shall deny the permit application if the project
will cause any increase in the flood elevations upstream or downstream,
based on the data submitted for subd. (b), above.
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(2) STRUCTURES
Structures accessory to permanent open space uses or functionally dependent
on a waterfront location may be allowed by permit if the structures comply with
the following criteria:
(a) Not designed for human habitation, does not have a high flood damage
potential and is constructed to minimalize flood damage;
(b) Shall have a minimum of two openings on different walls having a total
net area not less than one square inch for every square foot of enclosed
area, and the bottom of all such openings being no higher than one foot
above grade. The openings shall be equipped with screens, louvers, or
other coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(c) Must be anchored to resist flotation, collapse, and lateral movement;
(d) Mechanical and utility equipment must be elevated or flood proofed to or
above the flood protection elevation; and
(e) It must not obstruct flow of flood waters or cause any increase in flood
levels during the occurrence of the regional flood.
(3) PUBLIC UTILITIES, STREETS, AND BRIDGES
Public utilities, streets and bridges may be allowed by permit, if :
(a) Adequate floodproofing measures are provided to the flood protection
elevation; and
(b) Construction meets the development standards of s. 2.1.
(4) FILLS OR DEPOSITION OF MATERIALS
Fills or deposition of materials may be allowed by permit, if:
(a) The requirements of s. 2.1 are met;
(b) No material is deposited in navigable waters unless a permit is issued by
the Department pursuant to ch. 30, Stats., and a permit pursuant to s.
404 of the Federal Water Pollution Control Act, Amendments of 1972, 33
U.S.C. 1344 has been issued, if applicable, and the other requirements of
this section are met;
(c) The fill or other materials will be protected against erosion by riprap,
vegetative cover, sheet piling or bulkheading; and
(d) The fill is not classified as a solid or hazardous material.
3.4 PROHIBITED USES
All uses not listed as permitted uses in s. 3.2 are prohibited including the following uses:
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(1) Habitable structures, structures with high flood damage potential, or those not
associated with permanent open-space uses;
(2) Storing materials that are buoyant, flammable, explosive, injurious to property,
water quality, or human, animal, plant, fish or other aquatic life;
(3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
(4) Any private or public sewage systems, except portable latrines that are removed
prior to flooding and systems associated with recreational areas and Department-
approved campgrounds that meet the applicable provisions of local ordinances and
ch. SPS 383, Wis. Adm. Code.
(5) Any public or private wells which are used to obtain potable water, except those for
recreational areas that meet the requirements of local ordinances and chs. NR 811
and NR 812, Wis. Adm. Code;
(6) Any solid or hazardous waste disposal sites;
(7) Any wastewater treatment ponds or facilities, except those permitted under s. NR
110.15(3)(b), Wis. Adm. Code; and
(8) Any sanitary sewer or water supply lines, except those to service existing or
proposed development located outside the floodway which complies with the
regulations for the floodplain area occupied.
4.0 FLOODFRINGE DISTRICT (FF)
4.1 APPLICABILITY
This section applies to all floodfringe area shown on the floodplain zoning maps and
those identified pursuant to s. 5.4..
4.2 PERMITTED USES
Any structure, land use, or development is allowed in the Floodfringe District if the
standards in s. 4.3 are met, the use is not prohibited by this or any other ordinance or
regulation and all permits or certificates specified in s. 7.1 have been issued.
4.3 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE
S. 2.1 shall apply in addition to the following requirements according to the use
requested. Any existing structure in the floodfringe must meet the requirements of s.
6.0 Nonconforming Uses;
(1) RESIDENTIAL USES
Any structure, including a manufactured home, which is to be newly constructed
or moved into the floodfringe, shall meet or exceed the following standards. Any
existing structures in the floodfringe must meet the requirements of s. 6.0
Nonconforming Uses;
(a) The elevation of the lowest floor shall be at or above the flood protection
elevation on fill unless the requirements of s. 4.3(1)(b) can be met. The
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fill shall be one foot or more above the regional flood elevation extending
at least 15 feet beyond the limits of the structure.
(b) The basement or crawlway floor may be placed at the regional flood
elevation if it is dry floodproofed to the flood protection elevation. No
basement or crawlway floor is allowed below the regional flood elevation;
(c) Contiguous dry land access shall be provided from a structure to land
outside of the floodplain, except as provided in subd. (d).
(d) In developments where existing streets or sewer line elevations make
compliance with subd. (c) impractical, the municipality may permit new
development and substantial improvements where access roads are
below the regional flood elevation, if:
1. The municipality has written assurance from police, fire and
emergency services that rescue and relief will be provided to the
structure(s) by wheeled vehicles during a regional flood event; or
2. The municipality has a DNR-approved emergency evacuation
plan.
(2) ACCESSORY STRUCTURES OR USES
Accessory structures shall be constructed on fill with the lowest flood at or above
the regional flood elevation.
(3) COMMERCIAL USES
Any commercial structure which is erected, altered or moved into the floodfringe
shall meet the requirements of s. 4.3(1). Subject to the requirements of S.
4.3(5), storage yards, surface parking lots and other such uses may be placed at
lower elevations if an adequate warning system exists to protect life and
property.
(4) MANUFACTURING AND INDUSTRIAL USES
Any manufacturing or industrial structure which is erected, altered or moved into
the floodfringe shall have the lowest floor elevated to or above the flood
protection elevation or meet the floodproofing standards in s. 7.5. Subject to the
requirements of s. 4.3(5), storage yards, surface parking lots and other such
uses may be placed at lower elevations if an adequate warning system exists to
protect life and property.
(5) STORAGE OF MATERIALS
Materials that are buoyant, flammable, explosive, or injurious to property, water
quality or human, animal, plant, fish or aquatic life shall be stored at or above the
flood protection elevation or floodproofed in compliance with s. 7.5. Adequate
measures shall be taken to ensure that such materials will not enter the water
body during flooding.
(6) PUBLIC UTILITIES, STREETS AND BRIDGES
All utilities, streets and bridges shall be designed to be compatible with
comprehensive floodplain development plans; and
(a) When failure of public utilities, streets and bridges would endanger public
health or safety, or where such facilities are deemed essential,
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construction or repair of such facilities shall only be permitted if they are
designed to comply with s. 7.5.
(b) Minor roads or non-essential utilities may be constructed at lower
elevations if they are designed to withstand flood forces to the regional
flood elevation.
(7) SEWAGE SYSTEMS
All sewage disposal systems shall be designed to minimize or eliminate
infiltration of flood waters into the system, pursuant to s. 7.5(3), to the flood
protection elevation and shall meet the provisions of all local ordinances and ch.
SPS 383, Wis. Adm. Code.
(8) WELLS
All wells shall be designed to minimize or eliminate infiltration of flood waters into
the system, pursuant to s. 7.5(3), to the flood protection elevation and shall meet
the applicable provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
(9) SOLID WASTE DISPOSAL SITES
Disposal of solid or hazardous waste is prohibited in floodfringe areas.
(10) DEPOSITION OF MATERIALS
Any deposited materials must meet all the provisions of this ordinance.
(11) MANUFACTURED HOMES
(a) Owners or operators of all manufactured home parks and subdivisions
shall provide adequate surface drainage to minimize flood damage, and
prepare, secure approval and file an evacuation plan, indicating vehicular
access and escape routes, with local emergency management
authorities.
(b) In existing manufactured home parks, all new homes, replacement
homes on existing pads, and substantially improved homes shall:
1. have the lowest floor elevated to the flood protection elevation; and
2. be anchored so they do not float, collapse or move laterally during a
flood.
(c) Outside of existing manufactured home parks, including new
manufactured home parks and all single units outside of existing parks,
all new, replacement and substantially improved manufactured homes
shall meet the residential development standards for the floodfringe in s.
4.3(1).
(12) MOBILE RECREATIONAL VEHICLES
All mobile recreational vehicles that are on site for 180 consecutive days or more
or are not fully licensed and ready for highway use shall meet the elevation and
anchoring requirements in s. 4.3 (11)(b) and (c). A mobile recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick-disconnect utilities and security devices and has no
permanently attached additions.
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5.0 OTHER FLOODPLAIN DISTRICT
Other floodplain districts may be established under the ordinance and reflected on the
floodplain zoning map. These districts may include general floodplain districts and flood
storage districts.
5.1 GENERAL FLOODPLAIN DISTRICT (GFP)
(1) APPLICABILITY
The provisions for this district shall apply to all floodplains mapped as A, AO or
AH zones.
(2) PERMITTED USES
Pursuant to s. 5.1(4), it shall be determined whether the proposed use is located
within a floodway or floodfringe.
Those uses permitted in Floodway (s. 3.2) and Floodfringe areas (s. 4.2)
Districts are allowed within the General Floodplain District, according to the
standards of s. 5.3, provided that all permits or certificates required under s. 7.1
have been issued.
(3) STANDARDS FOR DEVELOPMENT
S. 3.0 applies to floodway areas, s. 4.0 applies to floodfringe areas. The rest of
this ordinance applies to either district.
(a) In AO/AH Zones the structure’s lowest floor must meet one of the
conditions listed below whichever is higher:
1. at or above the flood protection elevation; or
2. two (2) feet above the highest adjacent grade around the
structure; or
3. the depth as shown on the FIRM.
(b) In AO/AH zones, provided plans showing adequate drainage paths to
guide floodwater around structure.
(4) DETERMINING FLOODWAY AND FLOODFRINGE
Upon receiving an application for development within the general floodplain
district, the zoning administrator shall:
(a) Require the applicant to submit two copies of an aerial photograph or a
plan which shows the proposed development with respect to the general
floodplain district limits, stream channel, and existing floodplain
developments, along with a legal description of the property, fill limits and
elevations, building floor elevations and flood proofing measures; and the
flood zone as shown on the FIRM.
(b) Require the applicant to furnish any of the following information deemed
necessary by the Department to evaluate the effects of the proposal upon
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flood height and flood flows, regional flood elevation and to determine
floodway boundaries.
1. A Hydrologic and Hydraulic Study as specified in s. 7.1(2)(c).
2. Plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location and
layout of all proposed and existing structures on the site; location
and elevations of streets, water supply, and sanitary facilities; soil
types and other pertinent information;
3. Specifications for building construction and materials,
floodproofing, filling, dredging, channel improvement, storage,
water supply and sanitary facilities.
5.2 FLOOD STORAGE DISTRICT
The flood storage district delineates that portion of the floodplain where storage of
floodwaters has been taken into account and is relied upon to reduce the regional flood
discharge. The district protects the flood storage areas and assures that any
development in the storage areas will not decrease the effective flood storage capacity,
which would cause higher flood elevations.
(1) APPLICABILITY
The provisions of this section apply to all areas within the Flood Storage District
(FSD), as shown on the official floodplain zoning maps.
(2) PERMITTED USES
Any use or development which occurs in a flood storage district must meet the
applicable requirements in s. 4.3.
(3) STANDARDS FOR DEVELOPMENT IN FLOOD STORAGE DISTRICTS
(a) Development in a flood storage district shall not cause an increase equal
or greater than 0.00 of a foot in the height of the regional flood.
(b) No development shall be allowed which removes flood storage volume
unless an equal volume of storage as defined by the pre-development
ground surface and the regional flood elevation shall be provided in the
immediate area of the proposed development to compensate for the
volume of storage which is lost, (compensatory storage). Excavation
below the groundwater table is not considered to provide an equal volume
of storage.
(c) If compensatory storage cannot be provided, the area may not be
developed unless the entire area zoned as flood storage district – on this
waterway – is rezoned to the floodfringe district. This must include a
revision to the floodplain study and map done for the waterway to revert to
the higher regional flood discharge calculated without flood plain storage,
as per s. 8.0 Amendments of this ordinance.
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(d) No area may be removed from the flood storage district unless it can be
shown that the area has been filled to the flood protection elevation and is
contiguous to other lands lying outside of the floodplain.
6.0 NONCONFORMING USES
6.1 GENERAL
(1) APPLICABILITY
If these standards conform with s. 59.69(10), Stats., for counties or s.
62.23(7)(h), Stats., for cities and villages, they shall apply to all modifications or
additions to any nonconforming use or structure and to the use of any structure
or premises which was lawful before the passage of this ordinance or any
amendment thereto.
(2) The existing lawful use of a structure or building or its accessory use, which is
not in conformity with the provisions of this ordinance, may continue subject to
the following conditions:
(a) No modifications or additions to a nonconforming use or structure shall
be permitted unless they comply with this ordinance. The words
“modification” and “addition” include, but are not limited to, any alteration,
addition, modification, structural repair, rebuilding or replacement of any
such existing use, structure or accessory structure or use. Maintenance
is not considered a modification; this includes painting, decorating,
paneling and other nonstructural components and the maintenance,
repair or replacement of existing private sewage or water supply systems
or connections to public utilities. Any costs associated with the repair of a
damaged structure are not considered maintenance.
The construction of a deck that does not exceed 200 square feet and that
is adjacent to the exterior wall of a principal structure is not an extension,
modification, or addition. The roof of the structure may extend over a
portion of the deck in order to provide safe ingress and egress to the
principal structure.
(b) If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, it is no longer permitted and any
future use of the property, and any structure or building thereon, shall
conform to the applicable requirements of this ordinance;
(c) The municipality shall keep a record which lists all nonconforming uses
and nonconforming structures, their present equalized assessed value,
the cost of all modifications or additions which have been permitted, and
the percentage of the structure's total current value those modifications
represent;
(d) No modification or addition to any nonconforming structure or any
structure with a nonconforming use, which over the life of the structure
would equal or exceed 50% of its present equalized assessed value, shall
be allowed unless the entire structure is permanently changed to a
conforming structure with a conforming use in compliance with the
applicable requirements of this ordinance. Contiguous dry land access
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must be provided for residential and commercial uses in compliance with
s. 4.3(1). The costs of elevating the lowest floor of a nonconforming
building or a building with a nonconforming use to the flood protection
elevation are excluded from the 50% provisions of this paragraph;
(e) No maintenance to any nonconforming structure or any structure with a
nonconforming use, the cost of which would equal or exceed 50% of its
present equalized assessed value, shall be allowed unless the entire
structure is permanently changed to a conforming structure with a
conforming use in compliance with the applicable requirements of this
ordinance. Contiguous dry land access must be provided for residential
and commercial uses in compliance with s. 4.3(1).
(f) If on a per event basis the total value of the work being done under (d)
and (e) equals or exceeds 50% of the present equalized assessed value
the work shall not be permitted unless the entire structure is permanently
changed to a conforming structure with a conforming use in compliance
with the applicable requirements of this ordinance. Contiguous dry land
access must be provided for residential and commercial uses in
compliance with s. 4.3(1).
(g) Except as provided in subd. (h), if any nonconforming structure or any
structure with a nonconforming use is destroyed or is substantially
damaged, it cannot be replaced, reconstructed or rebuilt unless the use
and the structure meet the current ordinance requirements. A structure is
considered substantially damaged if the total cost to restore the structure
to its pre-damaged condition equals or exceeds 50% of the structure’s
present equalized assessed value.
(h) For nonconforming buildings that are substantially damaged or destroyed
by a nonflood disaster, the repair or reconstruction of any such
nonconforming building shall be permitted in order to restore it to the size
and use in effect prior to the damage event, provided that the minimum
federal code requirements below are met and all required permits have
been granted prior to the start of construction.
1. Residential Structures
a. Shall have the lowest floor, including basement, elevated to or
above the base flood elevation using fill, pilings, columns,
posts or perimeter walls. Perimeter walls must meet the
requirements of s. 7.5(2).
b. Shall be anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy and shall
be constructed with methods and materials resistant to flood
damage.
c. Shall be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service
facilities that are designed and/or elevated so as to prevent
water from entering or accumulating within the components
during conditions of flooding.
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d. In A Zones, obtain, review and utilize any flood data available
from a federal, state or other source.
e. In AO Zones with no elevations specified, shall have the
lowest floor, including basement, meet the standards in s.
5.3(1).
f. In AO Zones, shall have adequate drainage paths around
structures on slopes to guide floodwaters around and away
from the structure.
2. Non-Residential Structures
a. Shall meet the requirements of s. 6.1(2)(h)1a-b and e-g.
b. Shall either have the lowest floor, including basement,
elevated to or above the regional flood elevation; or, together
with attendant utility and sanitary facilities, shall meet the
standards in s. 7.5(1) or (2).
c. In AO Zones with no elevations specified, shall have the
lowest floor, including basement, meet the standards in s.
5.3(1).
(3) A nonconforming historic structure may be altered if the alteration will not
preclude the structures continued designation as a historic structure, the
alteration will comply with s. 3.3(1), flood resistant materials are used, and
construction practices and floodproofing methods that comply with s. 7.5 are
used. Repair or rehabilitation of historic structures shall be exempt from the
development standards of s. 6.1(2)(h)1if it is determined that the proposed repair
or rehabilitation will not preclude the structure's continued designation as a
historic structure and is the minimum necessary to preserve the historic
character and design of the structure.
6.2 FLOODWAY DISTRICT
(1) No modification or addition shall be allowed to any nonconforming structure or
any structure with a nonconforming use in a Floodway District, unless such
modification or addition:
(a) Has been granted a permit or variance which meets all ordinance
requirements;
(b) Meets the requirements of s. 6.1;
(c) Shall not increase the obstruction to flood flows or regional flood height;
(d) Any addition to the existing structure shall be floodproofed, pursuant to s.
7.5, by means other than use of fill, to the flood protection elevation; and
(e) If any part of the foundation below the flood protection elevation is
enclosed, the following standards shall apply:
1. The enclosed area shall be designed by a registered architect or
engineer to allow for the efficient entry and exit of flood waters
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without human intervention. A minimum of two openings must be
provided with a minimum net area of at least one square inch for
every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent
grade;
2. The parts of the foundation located below the flood protection
elevation must be constructed of flood-resistant materials;
3. Mechanical and utility equipment must be elevated or
floodproofed to or above the flood protection elevation; and
4. The use must be limited to parking, building access or limited
storage.
(2) No new on-site sewage disposal system, or addition to an existing on-site
sewage disposal system, except where an addition has been ordered by a
government agency to correct a hazard to public health, shall be allowed in a
Floodway District. Any replacement, repair or maintenance of an existing on-site
sewage disposal system in a floodway area shall meet the applicable
requirements of all municipal ordinances, s.7.5(3) and ch. SPS 383, Wis. Adm.
Code.
(3) No new well or modification to an existing well used to obtain potable water shall
be allowed in the Floodway District. Any replacement, repair, or maintenance of
an existing well in the Floodway District shall meet the applicable requirements of
all municipal ordinances, s. 7.5(3) and chs. NR 811 and NR 812, Wis. Adm.
Code.
6.3 FLOODFRINGE DISTRICT
(1) No modification or addition shall be allowed to any nonconforming structure or
any structure with a nonconforming use unless such modification or addition has
been granted a permit or variance by the municipality, and meets the
requirements of s. 4.3, except where s. 6.3(2) is applicable.
(2) Where compliance with the provisions of subd. (1) would result in unnecessary
hardship and only where the structure will not be used for human habitation or be
associated with a high flood damage potential, the Board of Adjustment/Appeals,
using the procedures established in s. 7.3, may grant a variance from those
provisions of subd. (1) for modifications or additions using the criteria listed
below. Modifications or additions which are protected to elevations lower than
the flood protection elevation may be permitted if:
(a) No floor is allowed below the regional flood elevation for residential or
commercial structures;
(b) Human lives are not endangered;
(c) Public facilities, such as water or sewer, shall not be installed;
(d) Flood depths will not exceed two feet;
(e) Flood velocities will not exceed two feet per second; and
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(f) The structure will not be used for storage of materials described in s.
4.3(5).
(3) All new private sewage disposal systems, or addition to, replacement, repair or
maintenance of a private sewage disposal system shall meet all the applicable
provisions of all local ordinances, s. 7.5(3) and ch. SPS 383, Wis. Adm. Code.
(4) All new wells, or addition to, replacement, repair or maintenance of a well shall
meet the applicable provisions of this ordinance, s. 7.5(3) and ch. NR 811 and
NR 812, Wis. Adm. Code.
6.4 FLOOD STORAGE DISTRICT
No modifications or additions shall be allowed to any nonconforming structure in a flood
storage area unless the standards outlined in 5.2(3) are met.
7.0 ADMINISTRATION
Where a zoning administrator, planning agency or a board of adjustment/appeals has
already been appointed to administer a zoning ordinance adopted under ss. 59.69,
59.692 or 62.23(7), Stats., these officials shall also administer this ordinance.
7.1 ZONING ADMINISTRATOR
(1) DUTIES AND POWERS
The zoning administrator is hereby authorized to administer this ordinance and
shall have the following duties and powers:
(a) Advise applicants of the ordinance provisions, assist in preparing permit
applications and appeals, and assure that the regional flood elevation for
the proposed development is shown on all permit applications.
(b) Issue permits and inspect properties for compliance with provisions of
this ordinance and issue certificates of compliance where appropriate.
(c) Inspect and assess all damaged floodplain structures to determine if
substantial damage to the structures has occurred.
(d) Keep records of all official actions such as:
1. All permits issued, inspections made, and work approved;
2. Documentation of certified lowest floor and regional flood
elevations;
3. Floodproofing certificates.
4. W ater surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures including changes, appeals,
variances and amendments.
5. All substantial damage assessment reports for floodplain
structures.
6. List of nonconforming structures and uses.
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(e) Submit copies of the following items to the Department Regional 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 case-by-case analyses and any other required
information including an annual summary of floodplain zoning
actions taken.
3. Copies of substantial damage assessments performed and all
related correspondence concerning the assessments.
(f) Investigate, prepare reports, and report violations of this ordinance to the
municipal zoning agency and attorney for prosecution. Copies of the
reports shall also be sent to the Department Regional office.
(g) Submit copies of text and map amendments and biennial reports to the
FEMA Regional office.
(2) LAND USE PERMIT
A land use permit shall be obtained before any new development; repair,
modification or addition to an existing structure; or change in the use of a
building or structure, including sewer and water facilities, may be initiated.
Application to the zoning administrator shall include:
(a) GENERAL INFORMATION
1. Name and address of the applicant, property owner and
contractor;
2. Legal description, proposed use, and whether it is new
construction or a modification;
(b) SITE DEVELOPMENT PLAN
A site plan drawn to scale shall be submitted with the permit application
form and shall contain:
1. Location, dimensions, area and elevation of the lot;
2. Location of the ordinary highwater mark of any abutting navigable
waterways;
3. Location of any structures with distances measured from the lot
lines and street center lines;
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;
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6. Location of floodplain and floodway limits as determined from the
official floodplain zoning maps;
7. The elevation of the lowest floor of proposed buildings and any fill
using the vertical datum from the adopted study - either National
Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
8. Data sufficient to determine the regional flood elevation in NGVD
or NAVD at the location of the development and to determine
whether or not the requirements of s. 3.0 or 4.0 are met.
9. Data to determine if the proposed development will cause an
obstruction to flow or an increase in regional flood height or
discharge according to s. 2.1. This may include any of the
information noted in s. 3.3(1).
(c) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE
DEVELOPMENT
All hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in the State. The study
contractor shall be responsible for the technical adequacy of the study.
All studies shall be reviewed and approved by the Department.
1. Zone A Floodplains
a. Hydrology
i. The appropriate method shall be based on the standards in
ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
b. Hydraulic Modeling
The regional flood elevation shall be based on the standards in
ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis:
Determination of Regional Flood Elevation and the following:
i. Determination of the required limits of the hydraulic model
shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate
starting WSEL for the study.
ii. channel sections must be surveyed.
iii. minimum four foot contour data in the overbanks shall be used
for the development of cross section overbank and floodplain
mapping.
iv. a maximum distance of 500 feet between cross sections is
allowed in developed areas with additional intermediate cross
sections required at transitions in channel bottom slope
including a survey of the channel at each location.
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v. the most current version of HEC_RAS shall be used.
vi. a survey of bridge and culvert openings and the top of road is
required at each structure.
vii. additional cross sections are required at the downstream and
upstream limits of the proposed development and any
necessary intermediate locations based on the length of the
reach if greater than 500 feet.
viii. standard accepted engineering practices shall be used when
assigning parameters for the base model such as flow,
Manning’s N values, expansion and contraction coefficients or
effective flow limits. The base model shall be calibrated to
past flooding data such as high water marks to determine the
reasonableness of the model results. If no historical data is
available, adequate justification shall be provided for any
parameters outside standard accepted engineering practices.
ix. the model must extend past the upstream limit of the
difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference
between the proposed flood profile and the existing study
profiles shall be no more than 0.00 feet.
c. Mapping
A work map of the reach studied shall be provided, showing all
cross section locations, floodway/floodplain limits based on best
available topographic data, geographic limits of the proposed
development and whether the proposed development is located in
the floodway.
i. If the proposed development is located outside of the
floodway, then it is determined to have no impact on the
regional flood elevation.
ii. If any part of the proposed development is in the floodway, it
must be added to the base model to show the difference
between existing and proposed conditions. The study must
ensure that all coefficients remain the same as in the existing
model, unless adequate justification based on standard
accepted engineering practices is provided.
2. Zone AE Floodplains
a. Hydrology
If the proposed hydrology will change the existing study, the
appropriate method to be used shall be based on ch. NR
116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination
of Regional Flood Discharge.
b. Hydraulic Model
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The regional flood elevation shall be based on the standards in
ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis:
Determination of Regional Flood Elevation and the following:
i. Duplicate Effective Model
The effective model shall be reproduced to ensure correct
transference of the model data and to allow integration of the
revised data to provide a continuous FIS model upstream and
downstream of the revised reach. If data from the effective
model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway
Data Table in the FIS report to within 0.1 foot.
ii. Corrective Effective Model
The Corrected Effective Model shall not include any man-
made physical changes since the effective model date, but
shall import the model into the most current version of HEC-
RAS for Department review.
iii. Existing (Pre-Project Conditions) Model
The Existing Model shall be required to support conclusions
about the actual impacts of the project associated with the
Revised (Post-Project) Model or to establish more up-to-date
models on which to base the Revised (Post-Project) Model.
iv. Revised (Post-Project Conditions) Model
The Revised (Post-Project Conditions) Model shall incorporate
the Existing Model and any proposed changes to the
topography caused by the proposed development. This model
shall reflect proposed conditions.
v. All changes to the Duplicate Effective Model and subsequent
models must be supported by certified topographic
information, bridge plans, construction plans and survey
notes.
vi. Changes to the hydraulic models shall be limited to the stream
reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall
be identical to those in the effective model and result in water
surface elevations and topwidths computed by the revised
models matching those in the effective models upstream and
downstream of the revised reach as required. The Effective
Model shall not be truncated.
c. Mapping
Maps and associated engineering data shall be submitted to the
Department for review which meet the following conditions:
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i. Consistency between the revised hydraulic models, the
revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or
Flood Boundary Floodway Maps (FBFMs), construction plans,
bridge plans.
ii. Certified topographic map of suitable scale, contour interval,
and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in
order that the FIRM may be more easily revised.
iii. Annotated FIRM panel showing the revised 1% and 0.2%
annual chance floodplains and floodway boundaries.
iv. If an annotated FIRM and/or FBFM and digital mapping data
(GIS or CADD) are used then all supporting documentation or
metadata must be included with the data submission along
with the Universal Transverse Mercator (UTM) projection and
State Plane Coordinate System in accordance with FEMA
mapping specifications.
v. The revised floodplain boundaries shall tie into the effective
floodplain boundaries.
vi. All cross sections from the effective model shall be labeled in
accordance with the effective map and a cross section lookup
table shall be included to relate to the model input numbering
scheme.
vii. Both the current and proposed floodways shall be shown on
the map.
viii. The stream centerline, or profile baseline used to measure
stream distances in the model shall be visible on the map.
(d) EXPIRATION
All permits issued under the authority of this ordinance shall expire no
more than 180 days after issuance. The permit may be extended for a
maximum of 180 days for good and sufficient cause.
(3) CERTIFICATE OF COMPLIANCE
No land shall be occupied or used, and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall be occupied,
until a certificate of compliance is issued by the zoning administrator, except
where no permit is required, subject to the following provisions:
(a) The certificate of compliance shall show that the building or premises or
part thereof, and the proposed use, conform to the provisions of this
ordinance;
(b) Application for such certificate shall be concurrent with the application for
a permit;
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(c) If all ordinance provisions are met, the certificate of compliance shall be
issued within 10 days after written notification that the permitted work is
completed;
(d) The applicant shall submit a certification signed by a registered
professional engineer or registered land surveyor that the fill, lowest floor
and floodproofing elevations are in compliance with the permit issued.
Floodproofing measures also require certification by a registered
professional engineer or registered architect that the requirements of s.
7.5 are met.
(4) OTHER PERMITS
Prior to obtaining a floodplain development permit the applicant must secure all
necessary permits from federal, state, and local agencies, including but not
limited to those required by the U.S. Army Corps of Engineers under s. 404 of
the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
7.2 ZONING AGENCY
(1) The City of Muskego Plan Commission shall:
(a) oversee the functions of the office of the zoning administrator; and
(b) review and make recommendations to the Governing body on all
proposed amendments to this ordinance, maps and text.
(2) The City of Muskego Plan Commission shall not:
(a) grant variances to the terms of the ordinance in place of action by the
Board of Adjustment/Appeals; or
(b) amend the text or zoning maps in place of official action by the Governing
body.
7.3 BOARD OF ADJUSTMENT/APPEALS
The Board of Adjustment/Appeals, created under s. 59.694, Stats., for counties or s.
62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act
for the purposes of this ordinance. The Board shall exercise the powers conferred by
Wisconsin Statutes and adopt rules for the conduct of business. The zoning
administrator shall not be the secretary of the Board.
(1) POWERS AND DUTIES
The Board of Adjustment/Appeals shall:
(a) Appeals - Hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an
administrative official in the enforcement or administration of this
ordinance;
(b) Boundary Disputes - Hear and decide disputes concerning the district
boundaries shown on the official floodplain zoning map; and
25
(c) Variances - Hear and decide, upon appeal, variances from the ordinance
standards.
(2) APPEALS TO THE BOARD
(a) Appeals to the Board may be taken by any person aggrieved, or by any
officer or department of the municipality affected by any decision of the
zoning administrator or other administrative officer. Such appeal shall be
taken within 30 days unless otherwise provided by the rules of the Board,
by filing with the official whose decision is in question, and with the
Board, a notice of appeal specifying the reasons for the appeal. The
official whose decision is in question shall transmit to the Board all
records regarding the matter appealed.
(b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES
1. Notice - The Board shall:
a. Fix a reasonable time for the hearing;
b. Publish adequate notice pursuant to Wisconsin Statutes,
specifying the date, time, place and subject of the hearing;
and
c. Assure that notice shall be mailed to the parties in interest
and the Department Regional office at least 10 days in
advance of the hearing.
2. Hearing - Any party may appear in person or by agent. The
Board shall:
a. Resolve boundary disputes according to s. 7.3(3);
b. Decide variance applications according to s. 7.3(4); and
c. Decide appeals of permit denials according to s. 7.4.
(c) DECISION: The final decision regarding the appeal or variance
application shall:
1. Be made within a reasonable time;
2. Be sent to the Department Regional office within 10 days of the
decision;
3. Be a written determination signed by the chairman or secretary of
the Board;
4. State the specific facts which are the basis for the Board’s
decision;
5. Either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss
26
the appeal for lack of jurisdiction or grant or deny the variance
application;
6. Include the reasons for granting an appeal, describing the
hardship demonstrated by the applicant in the case of a variance,
clearly stated in the recorded minutes of the Board proceedings.
(3) BOUNDARY DISPUTES
The following procedure shall be used by the Board in hearing disputes
concerning floodplain district boundaries:
(a) If a floodplain district boundary is established by approximate or detailed
floodplain studies, the flood elevations or profiles shall prevail in locating
the boundary. If none exist, other evidence may be examined;
(b) The person contesting the boundary location shall be given a reasonable
opportunity to present arguments and technical evidence to the Board;
and
(c) If the boundary is incorrectly mapped, the Board should inform the zoning
committee or the person contesting the boundary location to petition the
governing body for a map amendment according to s. 8.0 Amendments.
(4) VARIANCE
(a) The Board may, upon appeal, grant a variance from the standards of this
ordinance if an applicant convincingly demonstrates that:
1. Literal enforcement of the ordinance will cause unnecessary
hardship;
2. The hardship is due to adoption of the floodplain ordinance and
unique property conditions, not common to adjacent lots or
premises. In such case the ordinance or map must be amended;
3. Such variance is not contrary to the public interest; and
4. Such variance is consistent with the purpose of this ordinance
stated in s. 1.3.
(b) In addition to the criteria in subd. (a), to qualify for a variance under
FEMA regulations, the following criteria must be met:
1. The variance shall not cause any increase in the regional flood
elevation;
2. Variances can only be granted for lots that are less than one-half
acre and are contiguous to existing structures constructed below
the RFE; and
3. Variances shall only be granted upon a showing of good and
sufficient cause, shall be the minimum relief necessary, shall not
cause increased risks to public safety or nuisances, shall not
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increase costs for rescue and relief efforts and shall not be
contrary to the purpose of the ordinance.
(c) A variance shall not:
1. Grant, extend or increase any use of property prohibited in the
zoning district;
2. Be granted for a hardship based solely on an economic gain or
loss;
3. Be granted for a hardship which is self-created;
4. Damage the rights or property values of other persons in the area;
5. Allow actions without the amendments to this ordinance or map(s)
required in s. 8.0 Amendments; and
6. Allow any alteration of an historic structure, including its use,
which would preclude its continued designation as an historic
structure.
(d) When a floodplain variance is granted the Board shall notify the applicant
in writing that it may increase risks to life and property and flood
insurance premiums could increase up to $25.00 per $100.00 of
coverage. A copy shall be maintained with the variance record.
7.4 TO REVIEW APPEALS OF PERMIT DENIALS
(1) The Zoning Agency (s. 7.2) or Board shall review all data related to the appeal.
This may include:
(a) Permit application data listed in s. 7.1(2);
(b) Floodway/floodfringe determination data in s. 5.4;
(c) Data listed in s. 3.3(1)(b) where the applicant has not submitted this
information to the zoning administrator; and
(d) Other data submitted with the application, or submitted to the Board with
the appeal.
(2) For appeals of all denied permits the Board shall:
(a) Follow the procedures of s. 7.3;
(b) Consider Zoning Agency recommendations; and
(c) Either uphold the denial or grant the appeal.
(3) For appeals concerning increases in regional flood elevation the Board shall:
(a) Uphold the denial where the Board agrees with the data showing an
increase in flood elevation. Increases may only be allowed after
amending the flood profile and map and all appropriate legal
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arrangements are made with all adversely affected property owners as
per the requirements of s. 8.0 Amendments; and
(b) Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase provided no
other reasons for denial exist.
7.5 FLOODPROOFING STANDARDS FOR NONCONFORMING STRUCTURES OR USES
(1) No permit or variance shall be issued for a non-residential structure designed to
be watertight below the regional flood elevation until the applicant submits a plan
certified by a registered professional engineer or architect that the floodproofing
measures will protect the structure or development to the flood protection
elevation and submits a FEMA Floodproofing Certificate.
(2) For a structure designed to allow the entry of floodwaters, no permit or variance
shall be issued until the applicant submits a plan either:
(a) certified by a registered professional engineer or architect; or
(b) meets or exceeds the following standards:
1. a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed areas subject the
flooding;
2. the bottom of all openings shall be no higher than one foot above
grade; and
3. openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(3) Floodproofing measures shall be designed, as appropriate, to:
(a) Withstand flood pressures, depths, velocities, uplift and impact forces
and other regional flood factors;
(b) Protect structures to the flood protection elevation;
(c) Anchor structures to foundations to resist flotation and lateral movement;
and
(d) Minimize or eliminate infiltration of flood waters.
(e) Minimize or eliminate discharges into flood waters.
7.6 PUBLIC INFORMATION
(1) Place marks on structures to show the depth of inundation during the regional
flood.
(2) All maps, engineering data and regulations shall be available and widely
distributed.
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(3) Real estate transfers should show what floodplain district any real property is in.
8.0 AMENDMENTS
Obstructions or increases may only be permitted if amendments are made to this
ordinance, the official floodplain zoning maps, floodway lines and water surface profiles,
in accordance with s. 8.1.
(1) In AE Zones with a mapped floodway, no obstructions or increases shall be
permitted unless the applicant receives a Conditional Letter of Map Revision
from FEMA and amendments are made to this ordinance, the official floodplain
zoning maps, floodway lines and water surface profiles, in accordance with s.
8.1. Any such alterations must be reviewed and approved by FEMA and the
DNR.
(2) In A Zones increases equal to or greater than 1.0 foot may only be permitted if
the applicant receives a Conditional Letter of Map Revision from FEMA and
amendments are made to this ordinance, the official floodplain maps, floodway
lines, and water surface profiles, in accordance with s. 8.1.
8.1 GENERAL
The governing body may change or supplement the floodplain zoning district boundaries
and this ordinance in the manner outlined in s. 8.2 below. Actions which require an
amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC)
include, but are not limited to, the following:
(1) Any fill or floodway encroachment that obstructs flow causing any increase in the
regional flood height;
(2) Any change to the floodplain boundaries and/or watercourse alterations on the
FIRM;
(3) Any changes to any other officially adopted floodplain maps listed in 1.5 (2)(b);
(4) Any floodplain fill which raises the elevation of the filled area to a height at or
above the flood protection elevation and is contiguous to land lying outside the
floodplain;
(5) Correction of discrepancies between the water surface profiles and floodplain
maps;
(6) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05,
Wis. Adm. Code, or otherwise required by law, or for changes by the
municipality; and
(7) All channel relocations and changes to the maps to alter floodway lines or to
remove an area from the floodway or the floodfringe that is based on a base
flood elevation from a FIRM requires prior approval by FEMA.
8.2 PROCEDURES
Ordinance amendments may be made upon petition of any party according to the
provisions of s. 62.23, Stats., for cities and villages, or 59.69, Stats., for counties. The
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petitions shall include all data required by ss. 5.4 and 7.1(2). The Land Use Permit shall
not be issued until a Letter of Map Revision is issued by FEMA for the proposed
changes.
(1) The proposed amendment shall be referred to the zoning agency for a public
hearing and recommendation to the governing body. The amendment and
notice of the public hearing shall be submitted to the Department Regional office
for review prior to the hearing. The amendment procedure shall comply with the
provisions of s. 62.23, Stats., for cities and villages of s. 59.69, Stats., for
counties.
(2) No amendment shall become effective until reviewed and approved by the
Department.
(3) All persons petitioning for a map amendment that obstructs flow increasing
regional flood height, shall obtain flooding easements or other appropriate legal
arrangements from all adversely affected property owners and notify local units
of government before the amendment can be approved by the governing body.
9.0 ENFORCEMENT AND PENALTIES
Any violation of the provisions of this ordinance by any person shall be unlawful and
shall be referred to the municipal attorney who shall expeditiously prosecute all such
violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less
than $1.00 and not more than $50.00 (fifty dollars), together with a taxable cost of such
action. Each day of continued violation shall constitute a separate offense. Every
violation of this ordinance is a public nuisance and the creation may be enjoined and the
maintenance may be abated by action at suit of the municipality, the state, or any citizen
thereof pursuant to s. 87.30, Stats.
10.0 DEFINITIONS
Unless specifically defined, words and phrases used in this ordinance shall have their
common law meaning and shall be applied in accordance with their common usage.
Words used in the present tense include the future, the singular number includes the
plural and the plural number includes the singular. The word “may” is permissive, “shall”
is mandatory and not discretionary.
1. "A ZONES" - Those areas shown on the Official Floodplain Zoning Map which
would be inundated by the regional flood. These areas may be numbered or
unnumbered A Zones. The A Zones may or may not be reflective of flood
profiles, depending on the availability of data for a given area.
2. “AH ZONE” – See “AREA OF SHALLOW FLOODING”.
3. “AO ZONE” – See “AREA OF SHALLOW FLOODING”.
4. "ACCESSORY STRUCTURE OR USE" - A facility, structure, building or use
which is accessory or incidental to the principal use of a property, structure or
building.
5. “ALTERATION” - An enhancement, upgrading or substantial change or
modifications other than an addition or repair to a dwelling or to electrical,
plumbing, heating, ventilating, air conditioning and other systems within a
structure.
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6. “AREA OF SHALLOW FLOODING” – A designated AO, AH, AR/AO, AR/AH, or
VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or
greater annual chance of flooding to an average depth of 1 to 3 feet where a
clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flood may be evident. Such flooding is
characterized by ponding or sheet flow.
7. "BASE FLOOD" - Means the flood having a one percent chance of being
equaled or exceeded in any given year, as published by FEMA as part of a FIS
and depicted on a FIRM.
8. "BASEMENT" - Any enclosed area of a building having its floor sub-grade, i.e.,
below ground level, on all sides.
9. "BUILDING" - See STRUCTURE.
10. "BULKHEAD LINE" - A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to s. 30.11, Stats., and which allows limited filling between this
bulkhead line and the original ordinary highwater mark, except where such filling
is prohibited by the floodway provisions of this ordinance.
11. "CAMPGROUND" - Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight use by 4
or more camping units, or which is advertised or represented as a camping area.
12. "CAMPING UNIT" - Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping trailer, motor
home, bus, van, pick-up truck, tent or other mobile recreational vehicle.
13. "CERTIFICATE OF COMPLIANCE" - A certification that the construction and the
use of land or a building, the elevation of fill or the lowest floor of a structure is in
compliance with all of the provisions of this ordinance.
14. "CHANNEL" – A natural or artificial watercourse with definite bed and banks to
confine and conduct normal flow of water.
15. "CRAWLWAYS" OR "CRAWL SPACE" - An enclosed area below the first usable
floor of a building, generally less than five feet in height, used for access to
plumbing and electrical utilities.
16. “DECK” – An unenclosed exterior structure that has no roof or sides, but has a
permeable floor which allows the infiltration of precipitation.
17. "DEPARTMENT" - The Wisconsin Department of Natural Resources.
18. "DEVELOPMENT" - Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures or accessory
structures; the construction of additions or alterations to buildings, structures or
accessory structures; the repair of any damaged structure or the improvement or
renovation of any structure, regardless of percentage of damage or
improvement; the placement of buildings or structures; subdivision layout and
site preparation; mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or equipment; and
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the installation, repair or removal of public or private sewage disposal systems or
water supply facilities.
19. "DRYLAND ACCESS" - A vehicular access route which is above the regional
flood elevation and which connects land located in the floodplain to land outside
the floodplain, such as a road with its surface above regional flood elevation and
wide enough for wheeled rescue and relief vehicles.
20. "ENCROACHMENT" - Any fill, structure, equipment, building, use or
development in the floodway.
21. "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal
agency that administers the National Flood Insurance Program.
22. "FLOOD INSURANCE RATE MAP" (FIRM) - A map of a community on which the
Federal Insurance Administration has delineated both the floodplain and the risk
premium zones applicable to the community. This map can only be amended by
the Federal Emergency Management Agency.
23. "FLOOD" or "FLOODING" – A general and temporary condition of partial or
complete inundation of normally dry land areas caused by one of the following
conditions:
• The overflow or rise of inland waters;
• The rapid accumulation or runoff of surface waters from any source;
• The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
• The sudden increase caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as a seiche, or by some similarly unusual event.
24. "FLOOD FREQUENCY" - The probability of a flood occurrence which is
determined from statistical analyses. The frequency of a particular flood event is
usually expressed as occurring, on the average, once in a specified number of
years or as a percent (%) chance of occurring in any given year.
25. "FLOODFRINGE" - That portion of the floodplain outside of the floodway which is
covered by flood waters during the regional flood and associated with standing
water rather than flowing water.
26. "FLOOD HAZARD BOUNDARY MAP" - A map designating approximate flood
hazard areas are designated as unnumbered A-Zones and do not contain
floodway lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance Program
(NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate
Map.
27. "FLOOD INSURANCE STUDY" - A technical engineering examination,
evaluation, and determination of the local flood hazard areas. It provides maps
designating those areas affected by the regional flood and provides both flood
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insurance rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A-Zones.
Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form
the basis for both the regulatory and the insurance aspects of the National Flood
Insurance Program.
28. "FLOODPLAIN" - Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe, and may include
other designated floodplain areas for regulatory purposes.
29. "FLOODPLAIN ISLAND" - A natural geologic land formation within the floodplain
that is surrounded, but not covered, by floodwater during the regional flood.
30. "FLOODPLAIN MANAGEMENT" - Policy and procedures to insure wise use of
floodplains, including mapping and engineering, mitigation, education, and
administration and enforcement of floodplain regulations.
31. "FLOOD PROFILE" - A graph or a longitudinal profile line showing the
relationship of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
32. "FLOODPROOFING" - Any combination of structural provisions, changes or
adjustments to properties and structures, water and sanitary facilities and
contents of buildings subject to flooding, for the purpose of reducing or
eliminating flood damage.
33. "FLOOD PROTECTION ELEVATION" - An elevation of two feet of freeboard
above the water surface profile elevation designated for the regional flood. (Also
see: FREEBOARD.)
34. "FLOOD STORAGE" - Those floodplain areas where storage of floodwaters has
been taken into account during analysis in reducing the regional flood discharge.
35. "FLOODWAY" - The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood discharge.
36. "FREEBOARD" - A safety factor expressed in terms of a specified number of
feet above a calculated flood level. Freeboard compensates for any factors that
cause flood heights greater than those calculated, including ice jams, debris
accumulation, wave action, obstruction of bridge openings and floodways, the
effects of watershed urbanization, loss of flood storage areas due to
development and aggregation of the river or stream bed.
37. "HABITABLE STRUCTURE" - Any structure or portion thereof used or designed
for human habitation.
38. "HEARING NOTICE" - Publication or posting meeting the requirements of Ch.
985, Stats. For appeals, a Class 1 notice, published once at least one week (7
days) before the hearing, is required. For all zoning ordinances and
amendments, a Class 2 notice, published twice, once each week consecutively,
the last at least a week (7 days) before the hearing. Local ordinances or bylaws
may require additional notice, exceeding these minimums.
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39. "HIGH FLOOD DAMAGE POTENTIAL" - Damage that could result from flooding
that includes any danger to life or health or any significant economic loss to a
structure or building and its contents.
40. “HIGHEST ADJACENT GRADE” – The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
41. "HISTORIC STRUCTURE" - Any structure that is either:
• Listed individually in the National Register of Historic Places or
preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
• Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district;
• Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of the Interior; or
• Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an
approved state program, as determined by the Secretary of the Interior; or
by the Secretary of the Interior in states without approved programs.
42. "INCREASE IN REGIONAL FLOOD HEIGHT" - A calculated upward rise in the
regional flood elevation greater than 0.00 foot, based on a comparison of
existing conditions and proposed conditions which is directly attributable to
development in the floodplain but not attributable to manipulation of
mathematical variables such as roughness factors, expansion and contraction
coefficients and discharge.
43. "LAND USE" - Any nonstructural use made of unimproved or improved real
estate. (Also see DEVELOPMENT.)
44. “LOWEST ADJACENT GRADE” – Elevation of the lowest ground surface that
touches any of the exterior walls of a building.
45. “LOWEST FLOOR” – The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement area is
not considered a building’s lowest floor; provided that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design
requirements of 44 CFR 60.3.
46. “MAINTENANCE” – The act or process of restoring to original soundness,
including redecoration, refinishing non structural repairs, or the replacement of
existing fixtures, systems or equipment with equivalent fixtures, systems or
structures.
47. "MANUFACTURED HOME" - A structure transportable in one or more sections,
which is built on a permanent chassis and is designed to be used with or without
a permanent foundation when connected to required utilities. The term
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"manufactured home" includes a mobile home but does not include a "mobile
recreational vehicle."
48. “MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION” – A parcel (or
contiguous parcels) of land, divided into two or more manufactured home lots for
rent or sale.
49. “MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING” – A
parcel of land, divided into two or more manufactured home lots for rent or sale,
on which the construction of facilities for servicing the lots is completed before
the effective date of this ordinance. At a minimum, this would include the
installation of utilities, the construction of streets and either final site grading or
the pouring of concrete pads.
50. “MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING” – The
preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed. This includes
installation of utilities, construction of streets and either final site grading, or the
pouring if concrete pads.
51. "MOBILE RECREATIONAL VEHICLE" - A vehicle which is built on a single
chassis, 400 square feet or less when measured at the largest horizontal
projection, designed to be self-propelled, carried or permanently towable by a
licensed, light-duty vehicle, is licensed for highway use if registration is required
and is designed primarily not for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel or seasonal use. Manufactured
homes that are towed or carried onto a parcel of land, but do not remain capable
of being towed or carried, including park model homes, do not fall within the
definition of "mobile recreational vehicles."
52. “MODEL, CORRECTED EFFECTIVE” – A hydraulic engineering model that
corrects any errors that occur in the Duplicate Effective Model, adds any
additional cross sections to the Duplicate Effective Model, or incorporates more
detailed topographic information than that used in the current effective model.
53. “MODEL, DUPLICATE EFFECTIVE” - A copy of the hydraulic analysis used in
the effective FIS and referred to as the effective model.
54. “MODEL, EFFECTIVE” - The hydraulic engineering model that was used to
produce the current effective Flood Insurance Study.
55. “MODEL, EXISTING (PRE-PROJECT)” – A modification of the Duplicate
Effective Model or Corrected Effective Model to reflect any man made
modifications that have occurred within the floodplain since the date of the
effective model but prior to the construction of the project for which the revision
is being requested. If no modification has occurred since the date of the
effective model, then this model would be identical to the Corrected Effective
Model or Duplicate Effective Model.
56. “MODEL, REVISED (POST-PROJECT)” – A modification of the Existing or Pre-
Project Conditions Model, Duplicate Effective Model or Corrected Effective Model
to reflect revised or post-project conditions.
57. “MUNICIPALITY" or "MUNICIPAL" - The county, city or village governmental
units enacting, administering and enforcing this zoning ordinance.
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58. “NAVD” or “NORTH AMERICAN VERTICAL DATUM” – Elevations referenced to
mean sea level datum, 1988 adjustment.
59. "NGVD" or "NATIONAL GEODETIC VERTICAL DATUM" - Elevations referenced
to mean sea level datum, 1929 adjustment.
60. "NEW CONSTRUCTION" - For floodplain management purposes, "new
construction" means structures for which the start of construction commenced on
or after the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures. For
the purpose of determining flood insurance rates, it includes any structures for
which the "start of construction" commenced on or after the effective date of an
initial FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures.
61. "NONCONFORMING STRUCTURE" - An existing lawful structure or building
which is not in conformity with the dimensional or structural requirements of this
ordinance for the area of the floodplain which it occupies. (For example, an
existing residential structure in the floodfringe district is a conforming use.
However, if the lowest floor is lower than the flood protection elevation, the
structure is nonconforming.)
62. "NONCONFORMING USE" - An existing lawful use or accessory use of a
structure or building which is not in conformity with the provisions of this
ordinance for the area of the floodplain which it occupies. (Such as a residence
in the floodway.)
63. "OBSTRUCTION TO FLOW" - Any development which blocks the conveyance of
floodwaters such that this development alone or together with any future
development will cause an increase in regional flood height.
64. "OFFICIAL FLOODPLAIN ZONING MAP" - That map, adopted and made part of
this ordinance, as described in s. 1.5(2), which has been approved by the
Department and FEMA.
65. "OPEN SPACE USE" - Those uses having a relatively low flood damage
potential and not involving structures.
66. "ORDINARY HIGHWATER MARK" - The point on the bank or shore up to which
the presence and action of surface water is so continuous as to leave a
distinctive mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
67. "PERSON" - An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
68. "PRIVATE SEWAGE SYSTEM" - A sewage treatment and disposal system
serving one structure with a septic tank and soil absorption field located on the
same parcel as the structure. It also means an alternative sewage system
approved by the Department of Commerce, including a substitute for the septic
tank or soil absorption field, a holding tank, a system serving more than one
structure or a system located on a different parcel than the structure.
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69. "PUBLIC UTILITIES" - Those utilities using underground or overhead
transmission lines such as electric, telephone and telegraph, and distribution and
collection systems such as water, sanitary sewer and storm sewer.
70. "REASONABLY SAFE FROM FLOODING" - Means base flood waters will not
inundate the land or damage structures to be removed from the special flood
hazard area and that any subsurface waters related to the base flood will not
damage existing or proposed buildings.
71. "REGIONAL FLOOD" - A flood determined to be representative of large floods
known to have occurred in Wisconsin. A regional flood is a flood with a one
percent chance of being equaled or exceeded in any given year, and if depicted
on the FIRM, the RFE is equivalent to the BFE.
72. "START OF CONSTRUCTION" - The date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond initial excavation, or the
placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling, nor does
it include the installation of streets and/or walkways, nor does it include
excavation for a basement, footings, piers or foundations or the erection of
temporary forms, nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure. For an alteration, the actual start of construction means the
first alteration of any wall, ceiling, floor or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
73. "STRUCTURE" - Any manmade object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the ground,
stream bed or lake bed, including, but not limited to, roofed and walled buildings,
gas or liquid storage tanks, bridges, dams and culverts.
74. "SUBDIVISION" - Has the meaning given in s. 236.02(12), Wis. Stats.
75. "SUBSTANTIAL DAMAGE" - Damage of any origin sustained by a structure,
whereby the cost of restoring the structure to its pre-damaged condition would
equal or exceed 50 percent of the equalized assessed value of the structure
before the damage occurred.
76. “SUBSTANTIAL IMPROVEMENT” – Any repair, reconstruction, rehabilitation,
addition or improvement of a building or structure, the cost of which equals or
exceeds 50 percent of the equalized assessed value of the structure before the
improvement or repair is started. If the structure has sustained substantial
damage, any repairs are considered substantial improvement regardless of the
work performed. The term does not, however, include either any project for the
improvement of a building required to correct existing health, sanitary or safety
code violations identified by the building official and that are the minimum
necessary to assure safe living conditions; or any alteration of a historic structure
provided that the alteration will not preclude the structure’s continued designation
as a historic structure.
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77. "UNNECESSARY HARDSHIP" - Where special conditions affecting a particular
property, which were not self-created, have made strict conformity with
restrictions governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of the ordinance.
78. "VARIANCE" - An authorization by the board of adjustment or appeals for the
construction or maintenance of a building or structure in a manner which is
inconsistent with dimensional standards (not uses) contained in the floodplain
zoning ordinance.
79. "VIOLATION" - The failure of a structure or other development to be fully
compliant with the floodplain zoning ordinance. A structure or other development
without required permits, lowest floor elevation documentation, floodproofing
certificates or required floodway encroachment calculations is presumed to be in
violation until such time as that documentation is provided.
80. "WATERSHED" - The entire region contributing runoff or surface water to a
watercourse or body of water.
81. "WATER SURFACE PROFILE" - A graphical representation showing the
elevation of the water surface of a watercourse for each position along a reach of
river or stream at a certain flood flow. A water surface profile of the regional
flood is used in regulating floodplain areas.
82. "WELL" - Means an excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless of its
intended use.
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