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MAHCN 19, 1987 APRIL 2, 1987 '� 549 '�569 ORDINANCE
FIR57 READING SECOND READING
(CARRIED LOST LAID OVER WIT��`^� �
PUAPOSE: AMEND FLOODPLAIN ZONING ORDINANCE
INITIATED EY: DEPARTMFlIT OF COM1flNITY DEVELOPMENT
PLAN CO[4fI5SI0N RECOh4fENDATION: Approved 7-0
A GENERAL ORDINANCE OF THE CITY OF OSAROSH REPEALING AND RECAEAiING
ARTICLE IX OF CHAPTER 30 OF iHE OSHKOSH MUNICIPAL CODE PERTAINING TO
FLOODPLAIN ZONING.
The Covmon Coun<il of the City of Oehkoah do ordain aa followa:
SECIION 1. That Article IX of Chapter 30 (Se<tions 30-50 through
30-74, Lnclusive) of the Oshkoah Municipal Code pertaining Co Floodplain
Zoning is repealed end recrea[ed as follaxs:
I (SEE A'fTACHED EXfIIBIT "A")
(ON FILE WITE? CITY CLERKI
SECTION 2. Tha[ thls Otdinance chall he in fu11 forte and effect
from and after iCS passage and pu6litation.
SUBNITTEL Rf ._ ._. ___----
APPR�'T�D� ��
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ASTACHMENT "A"
CITY OF OSHKOSH
FLOODPLAIN ZONING ORDINANCE
ARTICLE IX, CHAPTER 30
PREPARQi: FEH2UARY 1987
ADOPTFD;
• �
FLOODPLAIN ZONIN6
TABLE OF CONTENTB
ARTICLE 88CTION BQHJECT
IX DIVISION I. GENERAL PROVISIONS
30-50 Title
30-51 Authorization, Finding, Purpoae
30-51(A) Statutory Authorization
30-51(B) Finding of Fact
30-51(Cj Statement of Purpose
30-52 Definitions
30-53 Jurisdiction
30-54 OPficial Mapa; DistriCt Boundaries
30-55 Establishment of Districts
30-5fi CoIDplianCe
30-57 Municipalities and State
Agancies Regulated
30-58 Abroqation and Greater Restrictions
30-59 Interpretation
30-60 Warning and Disclaimer of Liability
30-61 Severability
IX JIIVISION II. FIAODPLAIN DISTRICT STANDARDS
30-62 Genex'al StandaL'ds
30-63 Mobile Homes & Manufactured Homes
30-64 Watercourse Alterations
30-65 DNR Parmit Development
30-66 FloodWay Dfstricts (F[P)
30-66(A) Applicability
30-66 (B) Parmitted Uses
3a-66 (C) Standards Por Developments in
Floodway Areas
30-66(D) Prohibited Uses
30-67 F1oodPTinge District (FF)
30-67(A) Applicability
30-67(B) Permitted Uses
30-67(C) Standards for Development in
Floodfringe Areas
30-68 General Floodplain District (GFP)
30-68 (A) Applicability
30-68 (Hj Peimitted Uses
30-68 (C) Standards for Davelopment in the
General Floodplain District
30-68 (D) Determining Floodway and
F1oodPrinqe Limits
30-69 Non-COnEorming Uses
30-69(A) General
30-69(B) Floodway Areas
30-69(C) Floodfringe Areas
ARTICLB 88CTION eDeJECT
IX DIVISZON 2II. ADMINISTRATION
30-70 Administrator
30-71 Land Use Permit
30-71(A) General Information
30-71(B) Site Development Plan
30-71(C) Data Rflquirements to Analyza
Developments
30-71(D) Expiration
30-72 Certi£icate oE Compliance
30-73 Other Permits
30-74 Hoard oE Appeals
30-75 FloodprooPinq
30-76 Public information
30-�'7 EnPorcament and Penalties
30-78 AmendIDents
ARTICLE IX
FIAODPLAIN ZONING
DIVISION I. GSNERAL PROVI8ION8
SBCTION 30-50 TITLE
The name of this Article shall ba known and cited as the
"Floodplain Zoning Ordinance Por the City of oshkosh,
Wisconsin".
SECTION 30-51 AIIT80RIZATION� FINDING� PQRPOSE
(A) Statutorv Authorization
This Ordinance is adopted pursuant to the authorization
in Sections 62.23 .and 87.30, Wis. Stats.
(B) Findina of Fact
Uncontrolled development and use of the floodplains,
rivers or streams within the City adversely affect the
public health, safety, convenience and general welfare
of its residents and impair the tax base of the
municipality.
(C) Statement of Puroose
The purpose of this Article is to provide a uni£orm
basis for tha preparation, implementation and
administration of sound floodplain regulations for all
floodplains within the City to:
( 1) Protact li£e, health and property;
( 2) Minimize expenditures of public monies for costly
flood control projects;
( 3) Minimize rescue and relieP afforts, generally
undertakan at the expense of the tax paying
public;
( 4) Minimize business interruptions which usually
result in the loss of local incomes;
( 5) Minimiza damage to public facilities on the
floodplains such as water mains, sewer lines,
streets and bridges;
( 6) Minimize the oocurrence ot Putura Plood blight
areae on Ploodplains;
( 7) Discouraga the victimization of unwary land and
home buyers; and
( 8) Prevent increases in regional Plood heights that
could increase flood damage and may result in
conflicts or litigation between property owners.
eECTION 30-52 DEFINITIONB
Unless speciEically deEined below, words and phrases used in
this Article shall have the same meaning as they have at
common law and to give thia Article its moat reasonable
application. Words used in the present tense include the
future, the singular nunbar includes the plural and the
plural number includes the singular. The word "may" is
permissive, "shall" is mandatory and not discretionary.
(A) A Zones: Thoae areas shown on the 0£ficial Floodplain
Zoning Map which would be inundated by a reqional
flood. These areas may be numbered or unnumbered A
Zones. The A Zones may or may not be reEleotiva of
£lood proPiles, dependinq on the availability of data
for a given area.
(B) Accessorv Structure: An uninhabited subordinate
structura, not attached to the principal structura,
tha use of which is incidental to and customary in
conjunction with the principal structure or usa, and
which is located in the rear yard of the principal
structure or use.
(C) Accessorv Use: A subordinate use which is incidantal
to and customary in conjunction with the principal
structure or use and which is located on the same lot
with such principal structura or use.
(D) Buildina: See Structure.
(E) Bulkhead Line: A geographic line along a reach of
navigable watar that has been adopted by a municipal
ordinance and approved by the Department pursuant to
Seotion 30.11, Wis. Stats. , and which allows limited
filling between this bulkhead line and the original
ordinary high water mark, except where such filling is
prohibited by the floodway provisions of this
ordinance.
(F) Certificate of Comoliance: A certifiaatian issued by
the Director of Community Devalopment or designee
stating that tha construction and the use oP land or a
structura, the elevation of fill or the lowest floor
of a structure is in compliance with all of the
provisions of thia ordinance.
(G) Channel: A natural or artiYicial watercourse with
definite bed and banks to conEine and conduct normal
Elow oP water.
(HJ D�artment: Tha Wisconsin Department of Natural
Resources (DNR) .
(I) Develonment: Means any artificial change to improved
or unimproved real estate, including, but not limited
to, the construction of structures or accessory
structures; the construction of additions or
substantial improvements to structures or accessory
structurea; the placement of structures; mining,
dredging, filling, grading, paving, axcavation or
drilling oparations; and the storage, deposition or
extraction. of materials, public or private sewage
disposal systems or water supply facilities.
(J) Drv Land Access: Means 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 rascue and relief vehicles.
(R) Encroachment: Any fill, structure, use or development
in the Ploodway.
(L) FedeTal EmeraenCV Mana4ement AaenCV fFEMA) : The
Federal agency that administers the National Flood
Insurance Program. This agency was previousiy known
as the Federal Insurance Administration (FIA) , or
Department of Housing and Urban Development (HUD) .
(M) Flood or Floodina: Means a general and temporary
condition of partial or complete inundation of
normally dry land areas caused by: (1) The overPlow
or rise of inland waters; or (2) The rapid
accumulation or runoff of surface waters from any
source; and (3) 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.
(N) Flood Freauencv: Means the probability oE a Plood
occurrence. A flood Erequency is generally determined
from atatistical analyses. The Prequency oP a
particular flood avent is usually axpressed ae
occurring, on the average, once in a specified number
of years or as a percent (8) chance of occurring in
any given year.
(0) Flood Hazard Boundarv Mao: A map prepared by FEMA
designatinq approximate flood hazard areas. Flood
hazard areas ara designated as unnumberad A-ZOnes and
do not contain floodway lines or regional flood
elevations. The map £orms the basis Yor both the
regulatory and insurance aspects of the National Flood
Insuranca Program.
(P) Flood insurance Studv: A technical enqineering
examination, evaluation, and determination of tha
local flood hazard areas. It provides maps
designating thosa areas affeoted by the reqional flood
and provides both flood insurance rata zonea and
regional flood elevations and may provide floodway
lines. The Plood hazard areas are designated as
numbered and unnumbarad A-2ones. Flood insuranca
study maps Porm tha basis for both the regulatory and
the insurance aspacts of the National Flood insurance
Program.
(Q) Flood ProPile: A qraph or a longltudinal profile line
showing the relationship of the water surface
elavation oP a flood event to locations of land
surface elevations along a stream or river.
(R) Flood Protection Elevation: An elevation two (2) faet
of freeboard above the water surface profile elevation
designated for the regional flood. (Also see:
Freeboard. )
(S) Flood Storaae: Means those floodplain areas where
storage of floodwaters has been taken into account in
reducing the regional Elood discharge. .
(T) F1oodPrinae: That portion of the floodplain outside
of tha floodway which is covered by flood waters
during the regional flood and generally associated
with standing water rather than flowing water.
(U) Floodnlain: That land which has been or may be
hereaPter covered by flood water during the regional
flood. The floodplain includes the floodway and the
floodfrinqe, and may include other designatad
floodplain areas for regulatory purposes.
(V) Floodnlain Zsland: Means a natural geologic land
formation within the Ploodplain that is surrounded,
but not covered, by Ploodwater during the regional
flood.
(W) Floodnlain Manaaement: Means the full range of public
policy and action for ensuring wise use of
floodplains. It includes averything from the
collection and dissemination of £lood data to the
acquisition of floodplain lands and the enaotmant and
administration of codes, ordinances and statutes for
land use in the fioodplain.
(X) Floodnroofing: Means any combination of structural
provisions, changes or adjustments to properties and
structures, water and sanitary facilities and contents
of structures subject to flooding, for the purpose of
reducing or eliminating Plood damage.
(Y) Floodwav: The channel oE a rivar or stream and those
portions of the floodplain adjoining the channel
required to carry the regional flood discharge.
(Z) Freeboard: Means a flood protection elevation
reguirement designed as a safety factor which is
usually expressed in terms of a specified number of
feet abova a calculated flood level. Freeboard
compensates for the effects of any Pactors that
contribute to £lood heights greater than those
calculated. These factors include, but are not
limited to, ice jama, debris accumulation, wave
action, obstruction of bridge openings and floodways,
the effects of urbanization on the hydrology of the
watershed, loss of flood storage areas due to
development and agradation of the river or stream bed.
(AA) Habitable Structura: Means any structure, or portion
thareof, used for human habitation.
(BP) Hearina xotice: Means publication or posting meeting
the requirements of Chapter 985, Wis. Stats. Class 1
notice is the minimum required for appeals: Published
onca at least seven (7) days before the hearing.
Class 2 notice is the minimum required for all zoning
ordinances and amendments including map amendments:
Published twice, once each week consecutively, the
last at least seven (7) days before the hearing.
(CCJ Hiah Flood Damaae Potential: Means damage that could
result from flooding that includes any danger to life
or health or any significant economic loss to a
structure and its contents.
(DD) Human Habitation: Means a human residence or
dwelling.
(EE) Increaea in Reaional Flood Haiaht: Means a calculated
upward rise in the regional flood elevation, equal to
or greater than 0.01 foot, resulting comparison of
existing conditions and proposed conditione which is
directly attributable to development in the floodplain
but not attributable to manipulation of mathematical
variables such as roughness factors, expansion and
contraction coafficients and discharge.
(FF) Land Use: Any nonstructural usa made oP unimprovad or
improved real estate. (Also see: Davelopment)
(GG) Mobile Home or Manufactured Home: Any vehicle or
structure, transportable in one or more sections,
constructed in such a manner as to permit occupancy
thereof as living quarters, which is built on a
permanent chassis and is designed to be used with or
without a permanent foundation when connected to
required utilities. Any mobile home lesa than thirty
(30) feei in overall length is defined as a
recreational vehicle. For the purpose of this
Article, it does not include recreational vehicles or
travel trailers.
(HII) Kobile Home Park/SUbdivision Existina: A parcel, or
contiguous parcels, of land divided into two (2) or
more mobile home lots for rent or sale on which the
construction o£ Pacilities for servicing the lots
(including, at a minimum, tha installation of
utilities, either final site grading or the pouring of
concrete pads and the construction of streets) is
completed before the effective date of this Ordinance.
(II) Municivalitv or Municinal: Means the City oP Oshkosh
(city) .
(JJ) National Geodetic Vertical Datum (NGVD1 : Means
elevatians referenced to mean sea level datum, 1929
adjustment.
(KK) Non-COnformina Structure: An existing lawful
structure which is not in conformity with the
dimensional or structural requirements of this Article
for the area of the floodplain which it occupies.
(FOr axample, an existing residential structure in the
floodfringe district is a conforming use. However, iP
the first floor is lower than the flood protection
elevation, the structure is non-conforming. )
(LL) Non-Con£ormina Use: An existing lawful use or
accessory use of a structure which is not in
conformity with the provisions of this Article for the
area of the floodplain which it occupies. (SUCh as
a rasidance in the floodway. )
(MM) Obstruction to Flow: Means any developmant whioh
physically blocks the conveyance of floodwaters such
that this davelopment by itselP or in conjunction with
any £uture similar developaent will cause an increase
in regional flood height.
(NN) OPficial Floodnlain Zonina Man: That map, adopted and
made part of this Article, as described in Section 30-
54 of this Article, which has been approvad by the
Department and FEMA.
(oo) Ooen Space Use: Those uses having a relatively low
flood damage potential and not involving structures.
(PP) Ordinarv Hiah Water 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 oP
terrestrial vegetation, predominance of aquatic
vegetation, or other easily recognized characteristic.
(QQ) Person: An individual, or group of individuals,
corporation, partnership, association, municipality or
State agency. ,
(RR) Private Sewaae Svstem: Means a sewage treatment and
disposal system serving a single structure with a
septic tank and soil absorption field located on the
same parcel as the structure. This term also means an
alternative sewage system approved by the Department
oP industry, Labor and Human Relations including a
aubstitute for the septic tank or soil absorption
field, a holding tank, a system sarving more than one
structure or a system located on a different parcel
than the structure.
(SS) Public Utilities: Means those utilities using
underground or overhead transmission lines such as
electric, telephone and telegraph cables, and
distribution and collection systems such as water,
sanitary sewer and storm sewer.
(TT) Reaional Flood: A flood determined to be
representative of large floods known to have occurred
in Wisconsin or which may be expected to occur on a
particular lake, river or stream once in every one
hundred (loo) years.
(W) 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, which includes, but is not limited to, such
objects as roofed and walled structures, gas or liquid
storage tanks, bridges, dams and culverts.
(W) Subetantial imorovement: Any atructure rapair,
raconstruction, or improvement of a structure, the
cost oE which equals or excaeds fifty (50) percant of
the current local equalized assessed value of the
structura either bePore the improvement or repair is
atartad, or iF the structure has been damaged, and is
being reatored, before the damage occurred. The term
does not, however, include either: (1) any project
Eor improvement oP a structure to comply with existing
Stata or local health, sanitary or safety code
speciPications ara solely necessary to assure safe
living conditions, or (2) any alteration of a
structure or eite documented as deserving preservation
by the Wisconsin State Historical Society or listed
on the National Register of Aistoric Places. Ordinary
maintenance repairs are not considered structura
rapairs, modiPications or additions. Such ordinary
maintenance repairs include internal and external
painting, decorating, paneling, and the replacement of
doors, windows, and other nonstructural components.
(FOr purposes of this definition, substantial
improvement is considered to occur when the first
alteration of any wall, ceiling, floor or o[her
structural part oP the structure commences, whether or
not that alteration affects the axternal dimensions of
the structure. )
(WW) Unnecessarv Hardshin: Means that circumstance whare
special conditions aPfecting a particular property,
which wara not self-created, have made striot
conformity with restzictions governing areas,
setbaoks, £rontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of
the Ordinance.
(XX) Variance: Means an authorization by the Board of
Appeals for the constructioa or maintenanca oP a
structure where it is determined that by reason of
special and unusual circumstances relating to a
specific lot, that strict application of this Article
would cause an unnecessary hardship.
(YY) Watershed: Meana the entire region or area
contributing runoff or surface water to a particular
watercourse or body of water.
(ZZ) Water Surface Profile: Means a graphical
representation showing the elevation of the water
sur£ace of a watercoursa for each position along a
reach of river or stream at a certain flood flow. A
water sur£ace pro£ile of the regional flood is used in
regulatinq floodplain areas.
(AAA) Well: Means an excavation opening in the ground made
by digging, boring, drilling, driving or other
methods, for the purpose of obtaining groundwater
regardless of its intended use.
BECTION 30-53 J9RISDICTION
The provisions of this Article shall apply to all lands
within the corporate limits of the City of Oshkosh, �.
Wisconsin, including all annexations, that would be inundated '
by a regional Plood and includes Ploodplain islands where
emergency rescue and relief routes would be inundated by a
regional flood.
SECTION 30-54 OFFICIAL MAPB; DISTRICT HOONDARIES
The boundaries of the Eloodplain districts, including the
floodway, Ploodfringe and other floodplain districts, are
based on the Flood Insurance Study published by the Federal
Znsurance Agency for oshkosh, Wisconsin, dated May 15, 1977,
along with the Flood Boundary and Floodway Maps and the
Flood Insurance Rate Maps as revised on February 20, 1981,
and any amendments thereto, on Eile in the City Clerk's
Office, which are� incorporated as part of this Article.
(A) The floodplain boundary lines on the map shali be
determined by the use oP the scale on the map.
( 1) Where an apparent discrepancy exists betwean the
location of the outermost boundary of the
floodfringe district or general floodplain
district shown on tha official floodplain zoning
map and actual field conditions, the location
shall be initially determined by the Director of
Community Development or designee using the
criteria in subparagraphs (a) or (b) below. Where
the Director of Community Development or designee
Pinds that there is a significant diEPerence
betwen the map and the actual field conditions,
the map shall be amended using the procedures
astablished in Section 30-78 of this Article.
Disputes between the Director of Community
Development or designee and an applicant over the
location of the district boundary line shall be
settlad according to Section 30-�4 (D) of this
Article.
(a) Where flood profiles exist, the location of
the district boundary line shall be
determined by the Director of Community
Development or designee using both the scale
appearing on the map and the elevations
shown on the water surface profile of the
regional flood. where a discrepancy exists
between the map and actual field conditions,
the regional Piood elevations shall govern.
A map amendment is requirad where there is a
aigniPicant discrepancy between the map and
actual Pield conditions. The Director
of Community Development or designee shall be
responsible for initiating any map amendments
required under this Section within a
reasonable period of time. .
(b) Where flood profiles do not exist, the
location oP the district boundary line shall
be determined by the Director of Co�unity
Development or designee using the scale
appearing on tha map, visual on-sita
inspection and any available information
provided by the Department. Whera there is a
significant diEEerence between the map and
actual £ield conditions, the map shall be
amended. Where a map amandment has been
approved by both the City of Oshkosh Common
Council and the Department, the Director of
Community Development or designee shall have
tha authority to grant or deny a land use
permit..
(B) Complianca with the provisions of this Ordinance shall
not be grounds for removing lands from the floodplain
district, unless they are removed by filling to a height
of at least two (2) feet abova the regional flood
elevation, the Pili is contiguous to land lying outside
the floodplain district, and the map is amended pursuant
to Section 30-78 of this Article. To remove flood
insurance requirements, FEMA must first revise the Flood
Insurance Rata Map or issue a Letter of Map Amendment or
Revision.
SECTION 30-55 ESTA8LI8ffi3ENT OF DIBTRICTS
The regional floodplain areas are hareby divided into three
districts defined in Section 3o-52 of this Article, and as
follows:
(A) The Floodway District (FW) consists of the channel o£ a
river or stream and those portions of the floodplain
adjoining a channel required to carry the regional flood
waters.
(B) The Floodfringa District (FF) consists oP that
portion of the Ploodplain between the reqional flood
limits and the floodway.
(C) The General Floodplain District (GFP) consists of all
areas which have been or may be hareafter covered by
flood water during the regional flood. It includes both
the floodway and Eloodfringa districts.
BECTION 30-56 COMPLIANCS
Any development, as deEined in this Article, or use within
tha areas regulated by this ordinance shall be in full
compliance with the terms of this ordinance, and other
applicable local, State and Federal regulations.
SECTION 30-57 MIINICIPALITIEB ANp eTATE AGENCISS REGQLATED
Unless apecifioally 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 Section 13 .48 (13) , Wis. Stats. ,
applies. The construction, reconstruction, maintenance and
repair oP State highways and bridges by the Wisconsin
Department of Transportation are exempt when Section
30.12 (4) (a) , Wis. Stats. , applies.
eECTION 30-58 ABROGATION AND GREATER RESTRICTIONB
(A) The provisions of this Article supersede any other
provision of this Chapter which relates to floodplains
except that where another municipal zoning code
provision is more restrictive than the provisions
contained in this Article, that provision shall continue
in full force and effect to the extent of the qreater
restrictions, but not otherwise.
(B) This Article is not intended to repeal, abrogate or
impair any existing deed restrictions, covenants or
easements. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance
shall prevail.
SECTION 30-59 INTERPRETATION
In their interpretation and application, the provisions of
this Article shall be held to be minimum requirements
liberally construed in favor of the governing body, and shall
not be deemed a limitation on or repeal of any other powers
granted by the Wisconsin Statutes. Where a provision of this
Article is required by a standard in Chapter NR 116, Wis.
Adm- Code, and where the provision is unclear, the provision
shall be interpreted in light of the Chapter NR 116 standards
in efPect on tha date of the adoption of this Article or in
effect on the date o£ the most recent text amendment to this
Article.
88CTIOH 30-60 WARNIN6 AND DIeCLAIMER OF LIAHILITY
The degrae oP flood protection provided by this Article is
considered reasonable for regulatory purposes and is based on
enginaerinq experience and scientific methods of study.
Largar floods may occur or the flood height may be increased
by manmada or natural causes such as ice jams or bridge
openings restricted by debrie. Therefora, this Article does
not imply that areas outside of the delineated floodplain, or
parmittad land uses within the Floodplain, will be totally
frae from floodiag and associated flood damagea. Nor does
this Article 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 raliance on
this Article.
SECTION 30-61 S8V8RAHILITY
Should any partion of this Article be declared
unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Article shall not be
a£Fected.
DIVIBION II. FLOODPLAIN DISTRZCT STANDARDS
BECTION 30-62 f3EDTERAL BTANDARDB
(A) No developmant, except as provided paragraph (B) below,
shall be allowed in floodplain areas which will:
( 1) Cause an obstruction to flow, defined in Section
30-52 of this Article as any development which
physically blocks the conveyance of floodwaters by
itself or in conjunction with future similar
development causing an increase in regional flood
height; or
( 2) Cause an increase in regional flood height due to
floodplain storage area lost, which is equal to or
exceeding 0.01 foot.
(B) Obstructions or increases equal to or greater than 0.01
foot may only be permitted if amendments are made to
this ordinance, the ofPicial floodplain zoning maps, �
including floodway lines and water surface profilas, in
accordance with Section 30-78 of this Article, and only
if the total cumulative effect of the proposed
development will not increasa the height oP the regional
Plood more than 1. 0 foot for the afPected hydraulic
reach of the stream.
(C) The Director of Community Development or designee shall
deny permits where it is determined the proposed
development will cause an obstruction to flow or
increase in regional flood height of 0.01 foot or
greater.
SECTION 30-63 MOBILB 80ME8 AND MANQFACTQRED 80ME8
Mobile homes and manu£actured homas are not allowed in the
floodplain district.
6ECTION 30-64 WATERCOIIRSE ALTERATION6
Prior to any alteration or relocation of a watercourse, and
prior to the issuance of any land use permit which may be
required for the alteration or relocation of a watercourse,
the local zoning official shall notify in writing, adjacent
municipalitias, the appropriate district offica of the
Department, and the appropriate o£fice of FEMA and shall
raquire the applicant to secure all necessary State and
Federal permits. The flood carrying capacity within the
altered or relocated . portion of any watercourse shall be
maintained.
SECTION 30-65 DNR PERMIT DEVEIAPMENT
Development which reguires a permit from the Department,
under Chapters 30 and 31, Wis. Stats. , such as docka, piers,
wharves, bridges, oulverts, dams and navigational aida may be
allowed provided tha necessary local permits are obtained and
necessary amendments to the official floodway lines, water
surface profiles, floodplain zoning maps or Floodplain Zoning
Ordinance, are made according to Section 30-78 of this
Article.
SECTION 30-66 FLOODWAY DISTRICTS (FW)
(A) Aovlicabilitv
The provisions of this section apply to all areas mapped
as floodway on the oEficial floodplain zoning maps, and
to those portions of the general floodplain district
determined to be floodway according to the procedures in
Section 30-68 (D) o£ this Article.
(B) permitted Uses
The following open space uses are allowed in the
floodway district, and the Ploodway portion of the
general floodplain district, providing: they are not
prohibited by any other Ordinance; they meet the
standards in paragraph (C) of this Section; and all
permits or certiPicates have been issued according to
Sections 30-71, 72 and 73 of this Article.
( 1) Agricultural uses, such as general Parming,
pasturing, outdoor piant nursaries, horticulture,
viticulture, truck farming, forestry, sod tarming
and wild crop harvesting.
( 2) Nonstructural industrial and commercial uses, such
as loading areas, parking areas and airport
landinq strips.
( 3) Private and public recreational uses, such as golE
course3, tennis courts, driving rangea, archery
ranges, picnlc grounds, boat launching ramps,
swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeat ranges,
hunting and fiahing areas, and hiking and
horseback riding trails.
( 4) Usas or structures accassory to open space uses,
or assential Por historical areas, that are not in
conFlict with the provisions in paragraphs (C) and
(D) of this Section.
( 5) Extraction of sand, gravel or othar materials
according to paragraph (C) (4) of this Section.
( 6) Functionally water-dapandent uses such as docks,
piers or wharves, includinq those used as part of
a marina, and oGher watar related uses, such as
dams, flowage areas, culverts, navigational aids
and river crossings of transmission lines, and
pipelines, according to Chapters 30 and 31, Wis.
Stats.
( 7) Public utilities, streets and bridges, according
to paragraph (C) (3) of this Section.
(C) �tandards Por Develonments in Floodwav Areas
( 1) General
(a) Any development in floodway areas shall meet
all oP the provisions of Sectione 30-62, 63,
64 and 65 of this Article, and hava a low
flood damage potential.
(b) Applicants shall provide the following data
- Eor the zoning administrator to determine the
affects of the proposal according to Section
30-62 of this ArtiCle:
(1) A cross-section elevation view oE the
proposal, perpendicular to the
watercourse, indicating whether the
proposed development will obstruct
£low; or
(11) An analysis calculating the aPPects of
this proposal on regional Elood height.
(c) The Director of Community Development or
designee shall deny the permit application
where it is determined the project will
increasa flood elevations upstream or
downstream o.01 foot or more, based on the
data submitted for subparagraph (b) above.
( 2) Structures
only structures which ara accessory to permitted
open space uses, or are essential for historical
areas, or are functionally dependant on a
waterfront location, may be allowed by permit,
providing tha structures meet all of the following
criteria:
(a) The structures are not designed for human
habitation.
(b) The structures are constructed and placed on
the site so as to cause an increase less than
0.01 foot in flood height and offer minimum
obstruction to the flow of flood waters.
Structures shall be constructed with the
longitudinal axis parallel to the direction
of flow of flood waters, and approximately on
the same line as those of adjoining
structures.
(c) The structuras ara firmly anchored to prevent
them from floating away and restricting
bridga openings or other restricted sections
of the stream or river; and
(d) The structures hava all service facilities,
such as electrical and heating equipment at
or above the flood protection elevation for
the particular area.
( 3) Public utilities, streets and bridges may be
allowed by permit, provided that:
(a) Adequate floodproofing measures are provided
to the flood protection elevation.
(b) Construction� does not cause an increase in
the regional flood height according to
Saction 30-62 of this Article, excapt where
the water surface profiles, floodplain zoning
maps and Floodplain Zoning Ordinance are
amended, as needed to reflect any changes
resulting Yrom such construction.
( 4) Fills or deposition of materials may be allowed by
parmit, provided that:
(a) Tha requirements oP Section 30-62 of this
Article are met.
(b) The fill or deposition of materials does not
encroach on the channel area between the
ordinary high water mark on each bank of tha
stream unless a permit has been grantad by
tha Department pursuant to Chaptar 30, Wie.
Stats. , and a permit pursuant to Section 404
of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. 1334 has been
issued, if applicable, and the other
requirements of this Section are met.
(c) The Eill or other materials will be protectad
against erosion by riprap, vegetative cover,
sheet piling or bulkheading sufficient to
prevent erosion; and provided that
(d) Such Yills are not associated with private or
publio ,solid waste disposal.
(D) �rohibited Uses
All uses not listed as permitted uses in paragraph (B)
above are prohibited within the Eloodway distriot and in
the floodway portion of the general floodplain district
including the following uses which are always prohibited
in tha Eloodway:
( 1) Structures designed for human habitation,
associated with high flood damage patential, or
not associated with permanent open-space uses.
( 2) The storage of any materials that are capable of
floating, flammable, explosive, or injurious to
property, water quality, or human, animal, plant,
fish or other aguatic life.
( 3) Any uses which are not in harmony with, or which
may be detrimental to, the uses permitted in the
adjoining districts.
( 4) Any private or public sewage systems; except
portable latrines that are removed prior to
flooding, and systems asaociated with racreational
areas and Department approved campgrounds, that
meet the applicable provisions o£ local ordinances
and Chaptar ILHR 83, Wis. Adm. Code.
( 5) Any public or private wells which are used to
obtain watar for ultimate human consumption;
except those £or recreational areas that meet the
requirements of local ordinancas and Chapters NR
111 and NR 112, Wis. Adm. Code.
( 6) Any solid and hazardous waste disposal sites,
whether public or private.
( 7) Any wastewater treatment ponds or facilities
except thoae permitted under Section NR
110.15(3) (b) , Wis. Adm. Code.
( 8) Any sanitary sewer or water supply lines except
those to service existing or proposad development
located outside the floodway which complies with
the regulations for the floodplain area occupied.
SECTION 30-67 FLOODF&INGS DISTRICT (FF)
(A) ApDliCabilitv
The provisions of this Saction apply to all areas within
the floodfringe district, as shown on the ofPicial
floodplain zoning maps, and to those portions of the
general floodplain district that are determined to be in
the floodfringa area pursuant to Section 30-68(D) of
this Article.
(B) Permitted Uses
Any structures, land use, or development, including
accessory structures and uses, are allowed within the
floodfringe district and floodPringe portions of the
general floodplain district, provided that tha standards
contained in paragraph (C) of this Section ara met, that
the use is not prohibited by this or any other ordinance
or any other local, State or Federal regulation and that
all permits or certi£icates specificied in Sections 30-
71, 72 and 73 of this Articla have been issued.
(C) Standards for Develooment in Floodfrinae Areas
( 1) All of tha provisions of Section 30-62 oP this
Article ehall apply in addition to the followinq
requirements according to the use requested:
(a) Rasidential Uses: Any structure used for
human habitation, which is to be erected,
constructed, reconstructed, altered, or moved
into the floodfringe area shall meet or
exceed the following standards:
(i) The elevation of the lowest floor
excluding the basemant or crawlway,
ahall be at or above the Plood
protection elevation (which is a point
two (2) feet above the regional flood
elevation) on fill except where
aubparagraph (11) below is applicable.
The fill elevation shall be one (1)
foot or more above tha regional flood
elevation extandinq at least fiEteen
(15) feet beyond the limits oE the
structure. The Department may
authorize othar floodproofing measuras
where existing streets or sewer lines
are at elevations which make compliance
impractical provided the Board oP
Appeals grants a variance due to
dimensional restrictions.
(ii) The basement or crawlway floor may. be
placed at the regional flood elavation
providing it is floodproofad to the
Plood protection elevation. No permit
or variance shall allow any floor,
basement or crawlway belom tha regional
flood elavation.
(iii) contiguous dryland accese, defined in
Section 30-52 of this Article as a
vehicle access route above regional
flood elevation, shall be provided from
a structure to land which is outside of
the floodplain, except as provided in
subparagraph (iv) below.
(iv) In existing developments where existing
streets or sewer lines are at
elevations which make compliance with
subparagraph (iii) above impractical,
the municipality may permit new
development and substantial
improvaments where access roads are at
or below the regional flood elevation,
provided:
(a) The municipality has written
assurance from the appropriate
local units of police, fire and
emergency services that rescue and
relief will be provided to the
atructure(s) by wheeled vehicles,
considering the anticipatad depth,
duration and velocity of the
regional flood event; or
(b) mhe municipality has an adequate
natural disaster plan concurred
with the Division oP Emergency
Government and approved by the
Department.
(b) Accessory Structures or Uses: An accessory
structura or use as defined in this Article,
not connected to a principal structure,
including nonresidential agricultural
structures, shall meet all tha applicable
provi6ions of SeCtiOns 30-66(C) (1) (2) and (4)
and (D) oP this Article. A lesser degree of
protection, compatible with these criteria
and the criteria in subparagraph (c) below
may be permissible for an accessory structure
or use providing that the site is not
inundated to a depth greater than two (2)
£eet or subjected to £lood velocities greater
than two (2) faet per second during the
regional flood.
(c) Commercial Uses: Any commercial structure
which is to be erected, constructed,
raconstructed, altered or moved into the
floodEringe area shall meet tha requirements
of paragraph (C) (1) (a) above. Storage yards,
parking lots and other accessory structures
or land uses may be at lower elavations,
subject to the requirements of subparagraph
(e) below. However, no such area in general
use by the public shall be inundated to a
depth greater than two (2) feet or subjected
to flood velocitias greater than two (2) feet
per second during the regional flood.
inundation of such yards or parking areas
exceeding two (2) £eet may be allowed
provided an adequate warning system exists to
protect life and property.
(d) ManuPacturing and Industrial Uses: Any
manufacturing, or industrial structure which
is to be erected, constructed, reconstructed,
altered or moved into the floodfringe area
shall be protected to the flood protection
elevation utilizing fill, levees, floodwalls,
adequate floodproofing measures in accordance
with Section 30-75 of this Article, or any
combination thereof. on streams or rivers
having prolonged Plood durations, greater
proteetion may be required to minimize
interference with normal plant operations. A
lessar deqrae of protection, compatible with
the criteria in subparagraphs (c) above and
(e) below may be permissible Por storage
yards, parking lots and other accessory
struciures or uses.
(e) Storaqe or Procesaing of Matarials: The
storage or processing of materials that are
buoyant, flammable, e�cplosive, or which in
times of Elooding, could be injurious
to property, water quality or human, animal,
plant, fish or aquatic life, shall be at or
above the flood protection elavation Por the
particualr area or floodproofed in complianca
with Section 30-75 of this Article. Adequate
measures shall ba taken to assura that said
matarials will not enter tha river or stream
during flooding.
(f) Public Utilities, Streets and Hridges: All
utilities, streets and bridges should be
designed to be compatible with the local
comprehensive floodplain development plana;
and
(i) When failure or interruption of public
utilitiea, streets and bridges would
result in danger to the public health
or safety or where such Pacilities are
essential to the orderly functioning of
the area, construction o£ and
substantial improvements to such
facilities may only be permitted if
they are Ploodproofed, in compliance
with Section 30-75 0£ this Article, to
the flood protection elevation.
(11) Minor or auxiliary roads or
nonessential utilities may be
constructad at lower elevations
providing they withstand flood forces
to the ragional flood elevation.
(g) Sewage Systems: All on-site sewage disposal
systems shall be Ploodproofed to the flood
protection elevation and shall meet the
applicable provisions of all local ordinances
and Chapter ILHR 83 , Wis. Adm. Code.
(h) Wells: All public or private wells shall be
£loodproofed � to the flood protection
elavation, pursuant to Section 30-75 of
this Article, and shall meet the applicable
provisions of Chapters NR 111 and NR 112,
Wis. Adm. Code.
(i) Solid Waste Disposal Sites: All public or
private solid or hazardous waste disposal
sites are prohibited in floodfringe areas.
(j) Daposition of Materials: Any materials
deposited for any purpose may only ba allowad
if all the provisions of this Ordinance
are met.
SECTIODT 30-68 G8N8RAL FLOODPLAIN DISTRICT (GFP)
(A) Apolicability
The provisions for this district shall apply to ail
Ploodplaina for which regional flood data is not
available, or whare regional flood data ia available but
floodways have not been delineated. As adequate
regional flood data beoomes available and floodways are
delineated for portiona of this district, such portions
shall be designated in the floodEringe district or
floodway district, as appropriate.
(B) Permitted Uses
( 1) The general floodplain district encompasses both
floodway and floodfringe areas. Therefore, a
determination shali be made pursuant to paragraph
(D) below to determine whether the proposed use is
located within a floodway or Ploodfringe area.
( 2) Those usas permitted in floodway and floodfringe
areas ara allowed within the general floodplain
district, according to the standards of paragraph
(C) below and provided that all permita or
certiPicatea required under Sections 30-71, 72 and
73 of this Article have been issued.
(C) Standards for Develooment in th General Floodola'n
District
Once it is determined according to paragraph (D) below
that a proposed use is located within a floodway, the
provisions of Sect:on 30-66 of this Article shall apply.
Once determined that the proposed use is located within
the floodfringe, the provisions oP Section 30-67 of this
Article shall apply. All provisions of the remainder of
this Ordinance apply to either district.
(D) �terminina Floodwav and Floodfrina *{ ar
Upon receiving an application Por development within the
genaral floodplain district, the Director of Community
Devalopmant or designea shall:
( 1) Require the applicant to submit, at the time of
application, two (2) copies of an aerial
photograph, or a plan which accurately locates the
proposed devalopment with respect to the general
Ploodplain dfstrict limits, channel or stream,
existing floodplain developments, together with
all pertinent information such as the nature of
the proposal, legal description of the property,
fill limits and elevations, structure floor
elevations and floodproofing measuras.
( 2) Require the applicant to furnish any of tha
folloaing additional information as is deamed
necessary by the Department for evaluation of the
efPacts oE the proposal upon flood height and
flood Plows, the regional Elood elevation and
where applicable to determine tha boundaries of
the floodway:
(a) A typical valley cross-section showing the
channal oE the stream, the floodplain
adjoining each side of the channel, the
cross-sectional area to be occupied by the
proposed davelopment, and all historic high
water information.
(b) Plan (surface view) showing: elevations or
contours of the ground; pertinent structure,
fill or storage elevations; size, location
and spatial arrangement of all proposed and
existing structures on the site; location and
elevations of streets, water supply, and
sar.itary facilities; soil types and other
pertinent information.
(c) Profile showing the slope of the bottom of
the channel or flow line of the stream.
(d) Specifications for structure construction and
materials, PloodprooPing, filling, dredging,
channel improvemant, storage of materials,
water supply and sanitary facilities.
( 3) Transmit one (1) copy of the information described
in subparaqraphs (1) and (2) above to the
Dapartment District oPfice along with a written
request Por technical aesistance to establish
regional flood elevations and, where applicable,
floodway data. Where the provisions of Section
30-71(C) of this Article apply, the applicant
shall provide all required information and
computations, to delineate floodway boundaries and
the effects of the project on flood elevations.
BECTION 30-69 NON-CONFORMING IISES
(A) General
( 1) Atolicabilitv
Inaofar as the standards in this section are not
inconsistent with the provisions of Section
62.23 (7) (h) , Wis. Stats. , they shall apply to all
non-conPorming uses and non-conforming structures.
These regulations apply to the modi£ication oP, or
addition to, any structura and to the use of any
structure or premises which was law£ul before tha
passage of this Ordinance or any amendment
thereto.
( 2) Tha existing lawful use of a structure or its
acceaeory 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 non-
conforming use or a non-conEorming structure
shall be parmitted unlesa they are made in
conformity with the provisions of this
Ordinance for the area of the floodplain
occupied. The words "modification" and
"addition" include, but are not limited to,
any alteration, addition, modification,
structural rapair, rebuilding or replacement
of any such existing use, structure or
accessory structure or use. ordinary
maintenance repairs are not considered
modifications or additions; these include
internal and external painting, decorating,
paneling and the replacement of doors,
windows and other nonstructural components
and the maintenance, repair or replacement of
existing private sewage or water supply
systems or connections to public utilities.
(b) If a non-conforming use or the use of a non-
conforming struoture is discontinued for
twelve (12) consecutive months, it is no
longer permitted and any future use of the
property, and any structura thereon, shall
conform to the applicable requirements of
thia Ordinance.
(c) As requasts are recaived by the municipality
for modiPicationa or additions to non-
conforming uses or non-conforming structures,
a record shall be kept which lists the non-
conPorming uses and non-con£orming
structures, their current equalized assessed
value, and the cost of those additions or
. modiEications which have been permitted.
(d) No modiEication or addition to any non-
oonPorming structure or any structure with a
non-conforming use, which over the life of
the structure would exceed fifty parcant
(509) oP its current equalized assesaed
value, shall be allowed unless the entire
structure is permanently changed to a
conPorming structure with a conforming usa
in compliance with the applicable
requirements of this Ordinance and contiguous
dry land access is provided in compliance
with Section 30-67 (C) (1J (a) of this Article.
(e) IP any non-conforming structure or any
structure with a non-conforminq use is
destroyed or is so badly damaged that it
cannot be praotically restored, it cannot be
replaced, reconstruoted or rebuilt unless the
use and the atructure meet the requirements
of this ordinance. For tha puxgose of this
subsection, rastoration is deemed impractical
where the total cost of such restoration
would exceed fifty percent (508) of the
current equalized assessed value of the
structure.
(B) Floodwav Areas
( 1) No modification or addition shall be allowed to
any non-conforming structure or any structure with
a non-conforming usa in a floodway area, unless
such modification or addition:
(a) Has been granted a permit or varianoe; and
(b) Meets the requirements of paragraph (A)
above; and
(c) Will not increase the obstruotion to flood
Plows or ragional £lood height; and
(d) Any addition to the existing structure shall
be Ploodproofed, pursuant to Section 30-75 of
this Article, by means other than the use of
fill, to the Plood protection elevation.
( 2) No new on-sita sewage disposal system, or addition
to an existing on-site sewage disposal system,
except where an addition has baen ordered by a
governmant agency to correct a hazard to public
health, shall ba allowed in a floodway azea. Any
replacemant, repair or maintenance of an existing
on-site eawaga disposal system in a floadway area
shall meet the applicable requirements of all
municipal Ordinances and ChapYer ILHR 83 , Wis.
Adm. Code.
( 3) No new well or modification to an existing well,
used to obtain water for ultimate human
consumption, shall be allowed in a floodway area.
Any replacament, repair or maintenance of an
existing wall in a Ploodway area shall meet the
applicabla requirements oP all municipal
Ordinances and Chapters NR 111 and NR 112, Wis.
Adm. Code.
(C) F1oodErinae Areas
( 1) No modiEication or addition shall be allowed to
any non-oonEorming structure or any structure
with a non-conforming use unless such modi£ication
or addition has been granted a permiG or variance
by the municipality. In addition, the
modiPication or addition shall be placed on fill
or floodprooPed to the flood protection elevation
in compliance with the standards for that
particular use in Section 30-67 (C) of this
Article, except where paragraph (B) (2) above ia
applicable.
( 2) where compliance with the provisions of
subparagraph (1) above 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 Appeals,
using the procedures established in Section 30-74
oP this Article, may grant a variance Prom those
provisions oP subparagraph (1) for modifications
or additions, using the criteria listed below.
Modifications or additions which are protected to
elevations lower than the flood protection
elevation may be permitted provided:
(a) No £loor is allowed below the regional flood
elevation for residential or commercial
structures; and
(b) Human livea are not endangered;
(c) Public facilities, such as water or sewer,
will not be installed;
(d) Flood depths will not exceed two (2) feet;
(e) Flood velocities will not exceed two (2) feet
per sacond; and
(E) The structure will not be usad for storage oP
materials deacribed in Section 30-fi7 (C) (1) (e)
of this Article.
( 3) Zf neither the provisions of subparagraphs (1) and
(2) above can be met, an addition to an existing
room in a non-conforminq structure or a structure
with a non-conforming use may be allowed in the
L1oodPrinqa on a one-time basis only, if the
addition:
(a) Meets all other regulations and will be
granted by parmit or variance.
(b) Does not exceed sixty (60) square feet in
area; and
(c) In combination with othar previous
modifications or additions to the structure,
does not axceed fifty percent (50$) ot the
current equalized assessed value oE the
structuze. �
( 4) All new private sewage disposal systems, or
addition to, replaoement, repair or maintanance of
a private aewaga disposal system shall meet all
the applicable provisions of all local Ordinances
and Chapter ILHR 83, Wis. Adm. Coda.
( 5) All naw wells, or addition to, replacement, repair
or maintenance of a well shall meat the applicable
provisions of this Ordinance and Chapters NR 111
and NR 112, Wis. Adm. Coda.
DIVISION III. ADMINISTRATION
SECTION 30-70 ADMINISTRATOR
The Director of Community Davelopment or designee is hereby
authorized to administer the provisions of this ordinanca and
shall have the followinq dutiea and powers:
(A) Advise applicants of the provisiona of this Article;
assist them in preparing parmit applications and
appeals; and assure that the regional flood elevation
for the proposed development is shown on all parmit
applications.
(B) Issue permiYa and inspect properties for complianca with
provisions of this Ordinance and issue certificates of
compliance whera appropriata.
(C) Reep records of all o£ficial actions, such as:
( 1) All permits issued.
( 2) Inspections made.
( 3) Work approved.
( 4) Documentation of certified lowest Ploor and
regional flood alevations Por floodplain
development.
( 5) Racords of water surYace profiles, floodplain
zoning maps and ordinances, non-conforming uses
and structures including changes, appeals,
variances and amendments.
(D) Submit copies of the followinq items to the Department
� District office:
( 1) Within ten (10) days of tha deciaion, a copy of
any decisions on variances, appeals for map or
text interpretations, and map or text amendments.
( 2) Copies of any case-by-case analyses, and any other
information required by the Department including
an annual summary of the number and types of
floodplain zoning actions taken.
(E) Invastigate, prepare reports, and report violations oP
this Ordinanca to the appropriate municipal zoning
agency and tha City Attorney for presecution. Copies of
the violation reports shall also be sent to the
Department District office.
(F) Submit oopias of text and map amendments and biennial
reports to the regional office of FEMA.
eBCTION 30-71 LAND IISE PSRMIT
A land use permit ahall be obtained from the Diractor of
Community Development or dasignee before any new development
or any change in the use of an existing structure including
sawage disposal eystems and water supply facilities may be
initiated. Application shall be made to tha Director oP
Community Development upon Eurnished application forms and
shall include the Pollowing data:
(A) Ganeral Infozmation
( 1) Nama and addresa of the applicant, proparty owner
and contractor/builder.
( 2) Legal description of the proparty, type of
proposed use, and an indication as to whether new
construction or a modification to an existing
structura is involved.
(HJ Site Develo�ment Plan
The site development plan shall be drawn to scale and
submitted as a part of the permit application form and
shall contain the , following information:
( 1) Location, dimensions, area and elevation oP the
lot.
( 2) Location of the ordinary high watar mark of any
abutting navigable waterways.
( 3) Location of any structures with distances measured
from the lot lines and center line of all abutting
streets or highways.
( 4) Location of any existing or proposed on-site
sewage systems or private water supply systems.
( 5) Location and elevation of existing or future
access roads.
( 6) Location of floodplain and floodway limits on the
property as determined from tha ofEicial
floodplain zoning maps.
( 7) The elevation of the lowest floor of proposed
structures and any fill using National Geodetic
and Vertical Datum (NGVD) .
( 8) Data suYficient to determine the regional flood
elevation at the development and to determine
whether or not the requirements af Sections 30-66
or 30-67 of this Article are met.
( 9) Data suPPicient to datexmine if the proposed .
development will causa flither an obstruction to '
Plow or an increase in regional flood height or
discharge according to Section 30-62. This may
include any of the information noted in Section
30-66(C) (1) .
(C) Data Reauirements to Analvza Develooments
( 1) The applicant shall provide all survey data and
computations required to show the effects of the
project on flood heights, velocities and
floodplain storage, for all subdivision proposals,
as "subdivision" is defined in Section 236.02 (3) ,
Wis. Stats. , and other proposed developments
axceeding fiva (5) acres in area or where the
estimated cost exceeds $125,000. The applicant
shall provide:
(a) An analysis of the effeot of the development
on the regional flood profile, valocity of
flow and floodplain storage capacity.
(b) A map showing location and details of
vehicular access to lands outside the
floodplain.
(c) A surface drainage plan with adequate detaiis
showinq how Elood damage will be minimized.
The estimated cost of the proposal shall include
all structural davelopment, landscaping
improvements, access and road development,
electrical and plumbing, and similar items
reasonably applied to the overall davelopment
costs, but need not include land costs.
( 2) The Department will determine elevations and
evaluate the proposal where the applicant is not
required to provide computations as above, and
inadequate data exists. The municipality may
� transmit additional inPormation, such as the data
in Section 30-68 (D) (2) where appropriate, to the
Departmnet with the request for analysis.
(D) Exoiration
All permits issued under the authority of this Ordinance
shall expire six (6) months from the date of issuance.
SECTIOM 30-72 CSRTIFICATE 08 COMPLIANCB
No land ehall be occupied or uaed, and no structure which is
hereafter conatructued, altered, added to, modiPied, rebuilt
or replaced ehall be 000upied, until a certificate of
complianoe is issuad by the Huilding Inspector, excapt where
no permit is required, subject to tha following provisions:
(A) The certiEicate of compliance shall ahow that the
atructure or pramises or part thereoE, and the proposad
use, conform to the provisions of this Ordinance.
(B) Application for such certificate shall be concurrent
with tha application Por a permit.
(C) The certificate o1 compliance shall be iasued within ten
(lo) days aPtar written notification of complation of
the work specified in the permit, providad the structure
or premises or proposed use conforms with all the
provisiona of this Ordinance.
(D) The applicant shall submit a certlfication signed by a
registered profeseional 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 proPessional engineer or registered architect
that floodproofinq adequacy meets the requirements of
Section 30-75 oP this Article.
68CTION 30-73 OT88R PERMITS
it is the responsibility of the application to secura all
other necessary permits from all appropziate Federal, State,
and local agencies, including those required by the U.S. Army
Corps of Enginaers under Section 404 of the Federal Water
Pollution Control Act amendments oP 1972, 33 U.S.C. 1334.
SECTION 30-74 HOARD OF APYEALS
The Board of Appeals established in Sections 30-23, 24 and 25
of this Code shall hear and decide appeals were it is alleged
that there is an error in order, requirement, decision or
determination by an administrativa official in the
enforcement or administration of this Article.
(A) The powers o£ the Board in requirements for notice of
public hearings as enumerated in Sections 3o-23, 24, and
25 of this Code shall also apply to this Article.
Notices of variance applications shall also be sent to
the Department.
(S) No variance shall have the affect oP allowing in any
district uses prohibited in that diatrict, permit a
lower degree o£ flood protection than required by this
Article for the particualr area, or permit standards
lower than those required by State or Federal law.
(C) A copy of any decision regarding the appeal or variance
application shall be sent to the district oEPioe of the
Department within ten (lo) days of the decision.
(D) Boundarv Disoutes
The Pollowing procedures shall be used by the Board of
Appeals in hearing disputes concerning the district
boundaries shown on the official floodplain zoning map:
( 1) Whare a Ploodplain district boundary is
established by approximate or detailed floodplain
studias the regional flood elevations or profiles
for the point in question shall be the governing
factor in locating the district boundasy. if no
regional flood elevations or profiles are
available to the Board, other available � evidence
may be. examined.
( 2) In all cases, the person contesting the location
of tha district boundary shall be given a
reasonable opportunity to present arguments and
technical evidence to the Board of Appeals.
( 3) Where it is determined that the district boundary
is incorrectly mapped, the Board should inform the
zoning committee or the person contesting the
location oP the boundary to petition the governing
body for a map amendment according to Section 30-
78 of this Article.
(E) when a varianca is granted in a floodplain area, the
Board shall notify the applicant in writing that
increased flood insurance premiums may result. A copy
of this notification shall be maintained with the
varianca appeal record.
68CTION 30-75 PLOODPROOFING
(A) No permit or variance shall be issued until the
applicant submits a plan or document certified by a
registered professional engineer or architect that the
floodproofinq measures are adequately designed to
protect the structure or development to the flood
protection elevation.
(B) Where Eloodproofinq meaeures, as dePined in Section 3o-
52 of this Article are required, they shall be deaignad
to:
( 1) Withatand the flood pressures, depths, velocities,
uplift and impaot forces, and other factors
associatad with the regional flood.
( 2) Assure proteotion to the flood protection
elevation.
( 3) Provida anchorage of structures to Youndatione to
raeiet flotation and lateral movement.
( 4) Ensure that the structural walls and floors are
watertight to the flood protection elevation, and
the interior remains completaly dry during
Plooding without human intervention.
(C) Floodproofinq measures could include:
( 1) RainForcement of walls and Eloors to resist
rupture or collapse caused by water pressure or
floating debris.
( 2) Addition of mass or weight to structures to
prevent flotation.
( 3) Placement of essential utilities abova the Piood
protection elevation.
( 4) SurEace or subsurfaca drainage systems, including
pumping facilities, to relieve external foundation
wa11 and basement floor pressures.
( 5) Construction of water supply wells, and waste
treatment systems to prevent the entrance of flood
waters into the systems.
( 6) Cutoff valvas on sewer lines or elimination of
gravity flow basement drains.
SECTION 30-76 Pi1BLIC INFORMATION
(A) Where usePUl, marks on bridges or structures or other
markers may ba set to show the depth of inundation
during the regional £lood at appropriate locations
within the Yloodplain.
(B) All available information in the Porm of maps,
enqinnering data and regulations shall be readily
available and should be widaly distributed.
(C) All legal descriptions oE property in the floodplain
should include inEormation relative to the floodplain
zoning classiPication when such proparty is transferred.
SECTION 30-77 ENFORCEMENT AND PENALTIEB
Every structura, fill or development placed or maintained
within any floodplain in violation of this Article is a
public nuisance and the creation thereof may be enjoined and
maintenance thereof may be abated by action at suit of the
City, the State of Wisconsin, or any citizen thereo£,
according to Section 87.30, Wis. Stats. Any person who
places or maintains any structure, fill or development within
any floodplain in violation of this Article may be fined not
less than $50. 00 nor more than $500.00, together with the
costs of prosacution, and in default of payment thereoP, by
imprisonment in the County Jail for a period not to exceed
sixty (60) days. Each day of violation shall constitute a
separate offense.
BECTION 30-78 AMENDMENTS
(A) Tha Common Council of the City may from time to time
alter, supplament or changa the boundaries of use
districts and the regulations contained in this Article
in the manner provided by law.
( 1) Actions which require an amendment include, but
are not limited to, the following: �
(a) Any change to the oEficial floadplain zoning
map including the floodway line or boundary
of any floodplain area.
(b) Correction of significant discrepancies
between the water surface profiles and
floodplain zoninq maps.
(c) Any fill in tha floodplain which raises the
elevation of the filled area to a height at
or above tha flood protection elevation and
is contiguous to land lying outside the
Ploodplain.
(d) Any fill or encroachment into the floodplain
that will obstruct flow causing an increase
oP 0.01 foot or more in regional flood
height.
(e) Any upgrading oP floodplain zoning ordinances
text required by Section NR 116.05, Wis. Adm.
Code, or otherwise required by law, or for
changes by the municipality.
(B) Amnndmenta to this Article may be made on petitions of
any intereated party in accordance vith the provisions
of Section b2.23 (7) (i) , Wis. Stats.
(C) Copies of any amendment proposed to the Common Council
which is refatred to the City Plan Commission shall be
Porwarded by the Secretary of the Plan Commission,
toqether with the first notice of public hearing
thareon, to the main ofEice and appropriate regional
ofYioe of tha Department. Before the amendment bacomea
ePfective it must be approved by the Department.
(D) A copy of the action takan by the Common Council on any
amendment shall be forwarded to the main ofPice and
appropriate regional office of the Department.
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