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June 2, 1977 # 2 ORDINANCE
FIRST READING
PiJ?�DOSE: TO AMEND THE CI`I`Y°S FT,�C�i� �t''L.AIN OR�INAYdCE
II�TITIATED BY: DEr'AY,'i'.ME,NT OF CO�� ��ii.1i��'s'��' BEVELOPM�NT
PLAN CU�"�IMISSIJN RECOMNiENT�ATZ'C?N° _Appi?�t�TFt�j• �-�
A GENERAL ORDTNANCE OF THE CITY OF OSHKOSH P.MEI�IDING ARTICLE IX
C}F TI-:E OSHKOShi MUNICIPAL CODE "SUP�'�,EMEI�ITARY FL�OOD PLAIN ZONING
ORDINANCE".
ti�1HEREAS, a public hearing, after due and proper notice, was
ciuly held berore thE Conunon Cauncil Uf the City of Oshkosh
concerning adoption of this amEndment to tl�e Oshkosh Supplementar.y
Flood Plain �rdinance and the Plaa: C"omm�ssion having duly
recommended the adoption of this orc�inance,
NOW, THEREFORE, the Common Council of the City of Oshkosn
do ordain as follows:
SECTION i. That Article IX of the Oshkosh Municipal Code
pertaining to Flood Plain Zoning is k�ereby amended to read as
follows:
(continued an f.�llowing page)
Definition of symbols:
Underscored material represents
neca material_ to be inserted.
��te�es� Wo�ds that are dashed out are
deleted from the text.
- 2 -
,�
ARTICLE IX
FLOOD PLAIN ZONING
DIVISION t. IN GENERAL
SECTION 30-50 TITLE
The name of this article shall be known and cited as the "Supplementary Flood
Plain Zoning Ordinance for the City of Oshkosh, Wisconsin" (Ord. No. 1 10.221(2),
April 1, 1971).
SECTION 30-51 DEFINITIONS
Unless specifically defined below, words or phrases used in this article shall
be interpeted so as to give them the same meaning as they have at common law and
to give this Article its most reasonable application.
(A) Assigned Flood - Means thet the regional flood that would inundate
those areas shown as floodway or flood plain on the map which is a
part of this Article. The map is based on the Flood Insurance StudY
for the City of Oshkosh, May 15, 1977. (HUD-FIA-16g-159, March, 1977).
(B) Channel - Means a natural or artifical watercourse of perceptible
extent, with definite bed and banks to confine and conduct continuously
or periodically flowing water. Channel flow thus is that water which
is flowing within the limits of the defined channel.
(C) Conditional Use - Means a use of land or buildings which is allowable
only after the issuance of a special permit by the Board e# Appea�s
Common Council after review by the Plan Commission under conditions
specified in this Article.
(D) Encroachment Lines - Means limits of obstruction to flood itows.
These lines are generatly paraltel to the stream. The lines are
established by assuming that the area landward (outside) of the encroach-
ment lines will be ultimately developed in such a way that it will not
be available to convey ftood flows. The stream channel and adjoining
flood plains between these lines will be maintained as open space and
will be adequate to convey the regional flood without adversely increasing
flood heights.
(E) Equal Degree of Encroachment - Means established by considering the
effect of encroachments on the hydraulic efficiency of the "flood
plain" along a significant "reach" of the stream. Hydraulic efficiency
depends on such factors as the relative orientation of the channel
with respect to the "flood way", the natural and man-made characteristics
of the flood plain, relative ground level on both sides of the stream,
the type of vegetation on both sides of the stream and the resistance
of such vegetation to flood flows. In most cases, these factors will
not result in equal distances or areas between encroachment lines on
both sides of the stream.
(F) Flood - Temporary rise in stream flow or lake level stage that results
in water overtopping its banks inundating areas adjacent to the
channel.
(G) Flood Plain -
been or may be
}tm*ted te of
Means the land adjacent to a body of water which has
hereafter covered by flood water tnc}�dtng bat ne�
the regional flood.
(H) Flood l�ay - Means the channel of a stream and those portions of the
flood plain adjoining the channet that are required to carry and
discharge the flood water or flood flows of any river or stream
tne}ading, bdt ne� }fmtted to, flood flows associated with the reg-
ional flood.
(I) Flood Profile -
relationship of
location along
Means a graph or longitudinal profile showing the
the water surface elevation of a flood event to a
stream or river.
(J) Flood Proofing - Means a combination of structural provisions, changes,
or adjustments to properties and structures subject to flooding primarily
for the reduction or elimination of flood damages to properties, water
and sanitary facitities, structures and contents of buildings in a
f)ood hazard area.
(K) Reach - Means a hydraulic engineering term to describe longitudinal
segments of a stream or river. A reach will generally include the
segment of the flood plain where flood heights are primarily controlled
by man-made or natural flood plain obstructions or restrictions. In
an urban area, the segment of a stream or river between two consecutive
bridge crossings would most likely be a reach.
(L) Regional Flood - Means a flood determined by the Flood Insurance Study
for the City of Oshkosh, May 15, lg7%, and shown on the Flood Hazard
Boundary Map H-01-02 and Flood Insurance Rate Map 1-01-02 Btdtsten
ef Rese�ree Bede}epment, which is representative of large floods known
to have occured generally in Wisconsin and reasonably characterisitic
of what can be expected to occur on a particular stream. The regional
flood generally has an average frequency in the order of one hundred
(100) year recurance interval ftood determined from an analysis of
floods on a particular stream and other streams in the same general
region.
(M) Storage Capacity of a Flood Plain - Means the volume of space above an
area of flood plain land that can be occupied by flood water of a
given state at a given time, regardless of whether the water is moving.
(N) Structure - Means anything constructed or erected, the use of which
requires a more ar �ess permanent location on or in the ground.
Includes, but is not limited to, objects such as buildings, factories,
sheds, and cabins, and fences.
(0) Permanent Structure - Means a structure which is built of such materials
and in such a way that it would commonly be expected to last and
remain useful for a substantial period of time.
(P) Temporary Structure - Means a structure which is built of such materials
and in such a way that it would commonly be expected to have a relatively
short useful life, or is built for a purpose that would commonly be expected
to be re}ative short term.
(Q) Substantial Improvement - Means any repair, reconstruction, or improve-
ment of a structure, the cost of which e uals or exceeds 50 ercent of
the market value of the structure either, a before the im rovement
or repair is started, or b if the structure has been damaged, and is
being restored, before the damage occurred. For the purposes of this
definition "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however,
include either 1 any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solel necessar to assure safe livin conditions
or 2 any alteration of a structure listed on the National Register
of Historic Places or a State Inventorv of Historic Places.
(Ord. No. 1 10.221 - 8, April 1, 1971.)
SECTION 30-52 PURPOSE
(A) Purpose of this article is:
(1) To promote and protect the public health, safety, convenience and
general welfare;
(2) Protect the storage capacity of flood plains and the discharge
capacity of flood ways through:
(a) Regulating, filing, dumping, dredging and alteration of
channels by deepening, widening or relocating;
(b) Prohibiting unnecessary encroachments in floodways;
(3) Reduce the hazard of flood to tife and property through:
(a) Prohibiting certain uses which are dangerous to life or
property in time of flood;
(b) Restricting uses which would be hazardous to the public in
time of flood;
(c) Restricting uses which are particularly susceptible to flood
damage so as to alteviate hardship and reduce demands for
public funds for relief and protection;
(d) Requiring floodproofing of uses permitted in the ftoodplains;
(4) Delineating and describing areas that could be inundated by floods so
as to protect individuals from purchasing flood plain lands for purposes
which are not in fact suitable.
(Ord. No. 1 10.221(4), April 1, 1971.)
SECTION 30-53 INTERPRETATION
In their interpretation of the application, the provisions of this Article shall
be held to be minimum requirements and shall be liberalty construed in favor of
the City and shall not be deemed a limitation or repeal of any other powers
granted by Wisconsin Statutues.
Ord. No. 1 10.221 (5), April 1, 1971)
SECTION 30-54 WARNING AND DISCLAIMER OF LIABILITY
The degree of ftood protection intended to be provided by this Article is con-
sidered reasonable for regulatory purposes. Larger floods may occur on rare
occasions or the flood height may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. This Article does
not imply that areas outside of flood plain zoning district boundaries or land
uses permitted within such districts will always be totally free from ftooding
or flood damage. Nor shall this Article create a liablity on the part of or
cause of action against the City of Oshkosh, or any officer or employee thereof
for any flood damages that may result from reliance on this Article.
(Ord. No. 1 10.221(7), April 1, 1971)
SECTION 30-55 ABROGATION AND GREATER RESTRICTIONS
(A) This Article supercedes provisions of any zoning ordinance relating to
flood plains. However, any underlying zoning ordinance shall remain
in full force and effect to the extent that its provisions are more
restrictive.
(B) It is not otherwise intended by this Article to repeal, abrogate, or
impair any existing deed restrictions. However, where this Article
imposes greater restrictions, the provisions of this Article shall
prevail.
(Ord. No. 1 10.221(6), April 1, 1971.)
DIVISION 2. GENERAL PROVISIONS
SECTION 30-56 JURISDICTION
The jurisdiction of this Article inctudes all lands, adjacent to any river or
stream within the corporate limits of the City of Oshkosh, Wisconsin, that would
be inundated by the assigned flood as defined in Section 30-51iA) of this Code.
�he 7drt9d*ettonof th*s Art*e�e sha�� a�se extend to thoSe �ands and �eters
�ithTn three {3} m*�es ef the cerpora�e �t�tts that are appreved bq a rflajert�q
ef the mem�ers o£he apprepr*ete 7e*nt extra�errtter'ra} Lening comm*t�ee ptiraaant
to Seetten 6�-�3-��a3 ef the �tacenstn Stata�es.
(Ord. No. 1 10.222(1), April 1, 1971)
SECTION 30-57 COMPLIANCE
No structure, land, or water shall hereafter be used and no structure shatl be
located, extended, converted or structurally altered without full compliance
with the terms of this Article and other applicable regulations.
(Ord. No. 1 10.222(2), April 1, 1971)
SECTION 30-58 NONCONFORMING USES
(A) The existing lawful
conformity with the
to may be continued
18(A) of this Code.
use of a structure or premises which is not in
provisions of this Article or any amendment there-
subject to the conditions specified in Section 30-
(B) Any substantial improvement or structural alteration, additten
er repatr to anq a nonconforming structure, sha�� be pre�eeted
by �f}eodp�oo�*ng� measares pdrsdent te Seet7an 3e-}e�d�{�} ef
thts 6ede shalt be protected by either floodproofing or elevation in
compliance with Section 30-59� and/or Section 30- 8�� �—
L
SECTION 30-59 DISTRICT BOUNDARIES
The boundaries of the floodplain and floodway districts Sha�� be as theq
appear en the ionYng maps entrt�ed "6tty o€ 9shkesh F�aedp}etn Maps a�epg
the Fex River, Nos. �-�", are based on the Flood Insurance Study published by
the Federal Insurance Administration for Oshkosh, Wisconsin dated May 16, 1977,
along with the Flood Insurance Rate Maps and Flood Way Maps and any amendments
thereto on file in the City Clerk's office which are part of this article.
(A) The floodplain boundary lines on the map shall be determined by the
use of the scale appearing on the map. Where there is a conflict
between the flood plain boundary illustrated on the map and actual
field conditions, the dispute shall be settled according to Section
30-70(D) of this code.
(B) Compliance with the provisions of this Article shatl not be grounds
for the removal of land from the flood plain district unless such
lands are built to a height of at �east t�e {�3 feet abave the
��evatten of the"standard" pro7eet f�eed," at least one (1) foot above
the elevation of the "100-year regional flood" for the particular area
and are contiguous to other lands lying outside the flood plain district.
Before removal of lands from the flood plains the city shatl obtain
the concurance of the Wisconsin Department of Natural Resources and
the Federal Insurance Administration.
(Ord. No. 1 10.222(5), April 1, 1971)
DtVISION 3• FLOODWAY DISTRICT
SECTION 30-6o PURPOSE
The purpose of the ftoodway district is to preserve as much as possible the open
character of the channel of a stream or river and as much of the adjoining open land
as is needed to accommodate the flow of water during a time of flood.
(Ord. No. 1 10.223(1), Aprit 1, 1971)
SECTION 30-61 BOUNDARIES
The floodway district shalt include the area shown as such on the Zoning District Map
which is a part of this Articte.
(Ord. No. 1
SECTION 30-62
10.223(2), APrit 1, 1971.)
SPECIAL PROVISIONS
(A) No "structure (temporary or permanent)," fill, including fill for roads
and levees, deposit, obstruction, storage of materials, or other floodway
uses which acting along, or in combination with existing or future floodway
uses, shall be permitted that adversely affects the efficiency or the
capacity of the floodway or increases flood heights based on the assumption
that there witl be an "equal degree of encroachment" extending for a signifi-
cant "reach" on both sides of the stream.
(B) No "structure (temporary or permanent)," fill, including fill for roads and
levees, deposit, obstruction, storage of materials or other flood way uses
shalt be permitted that adversely affects the "storage capacity of a flood
plains" based on the assumption that there will be an "equal degree of
encroachment" extending for a significant "reach" on both sides of the
stream.
(C) No flood plain uses shall adversely affect the efficiency of, or unduly
restrict, the capacity of the channels or floodways of any tributaries to
the main stream, drainage ditches, or any other drainage facilities or
systems.
(D) Within this district all new or reptacement water suPP1Y and sanitary
sewage systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems, and, for sewage systems, discharges
from the systems into flood waters.
(E) All on-site waste disposal systems shall be located to avoid impairment
to them or contaminatian from them durin flooding.
(Ord. No. 1
SECTION 30-63
10.223(3), April 1, 1971)
PERMITTED USES
The following open space uses shall be permitted within the floodway district to the
extent that they are not prohibited in a particular area by any underlying zoning
ordinance, and provided that such use does not include any filling or deposit of
materials:
(A) Agriculural uses such as pasture, grazing, and wild crop harvasting;
(B) Open-space uses not requiring "permanent or temporary structures" designed
for human habitation, such as parks, swirrming areas, driving ranges,
picnic grounds, wild tife and nature preserves, fish hatcheries, fishing
and hiking areas;
(C) Utility facitities such as dams, power plants, flowage areas, transmission
lines, pipelines and water monitoring devices subject to regulations pursuant
to Chapter 30, Wisconsin Statutues;
(D) Industrial and commercial uses such as loading areas, parking areas, and
storage yards for equipment or machinery easily moved or not subject to
flood damage;
(E) Navigational and drainage aids such as channels, channel markers, buoys and
other such devices.
(F) Other water related uses such as docks, piers, wharfs, bridges, culverts,
and river crossings of transmission lines subject to any pier or dockline
regulations pursuant to Chapter 30, Wisconsin Statutues.
(Ord. No. 1 10.223(4), April 1, 1g71)
SECTION 30-64 SPECIAL USES
Any use enumerated in this section may be permitted only upon the granting of a
special permit by the Common Council after referral to the Plan Commission.
(A) "Structures" accessory to open space uses permitted in Section 30-63(B) of
this Code, whether temporary or permanent may be permitted only upon a
determination by the Common Council pursuant to a finding under the procedure
required by Section 30-71 of this code that:
(1) That structures will not be designed for human habitation;
(2) Structures will have a low f]ood damage potential;
(3) The structure or structures, if permitted, will be constructed and
placed on the building site so as to offer the minimum obstruction to
the flow of flood waters;
a. Whenever possible, structures will be constructed with the longitu-
dinal axis parallet to the direction of flow of f)ood waters, and
b. So far as practical, structures will be placed so their longitudinat
axis are approximatety on the same line as those of adjoining
structures.
(4) Structures will be firmly anchored to prevent the structure or building
from floating away and thus threatening to further restrict bridge
openings and other restricted sections of the stream or river, and
(5) Service facilities, such as electrical and heating equipment will be
at or above a point tcdo-{�}-feet one (1) foot above the elevation of
the flood profile for the particular area.
(Ord. No. l 10.223(5), April 1, 1971.)
DIVISION 4. Fl00DPLAIN DISTRICT
SECTION 30-65 PURPOSE
The purpose of the floodplain district is to regulate land uses in areas of
flooding, beyond the floodway district, in which structures are likely to be
subjected to some force of moving water as well as to inundation.
(Ord. No. 1 10.224(1), April 1, �97�.)
SECTION 30-66 BOUNDARIES
The floodplain district shall include all land subject to the jurisdication of
this Article that would be inundated by high water profites for the regional
flood (be�e� the e}eva�*en of �58.-A feet based en the 8shkesh gaage da�e)
en the Fex Rtver Tn Agh�esh, �tseonsrn prepared by the �*seens*n Bepart�ent
ef Matara� Re�onrees �a}y� }93g,
Ord. No. 1 10.224(2), April 1, 1971.)
SECTION 30-67 SPECIAL PROVISIONS
The ftood protection elevation or height shall correspond to a point t�e
{�3 feet one (1) foot above the elevation of the regional flood shown on or
attached to the flood map for a particular area. When flood elevations or flood
profiles are not available for deliniated flood plains, the flood protection
levels shall be t�o ��� feet one (1) foot above the estimated regional flood
elevation as determined through the special use procedures in Section 30-71(A)
of this code. Section 30-63 of this Code shall apply hereto.
(Ord. No. 1 10.224(3), April 1, 1971.)
SECTION 30-68 PERMtTTED USES.
All uses listed in Section 30-63 are allowed in the Flood Plain District if
consistant with underlying zoning provisions. All uses permitted in the under-
lying existing zoning ordinance are subject to the following conditions.
(A) No permitted use shall include the storage of materiats that are
buoyant, flammable, explosive or otherwise dangerous to human, animal
or plant life unless completely enctosed in a floodproofed structure.
(B) Mobile homes are not allowed in the Flood Plain District.
(C) No structure shall be placed or erected in a flood plain district
unless the structure rs f�eedproefed. F�eedproef7ng sha}� be �enstraed
to tnc�ade the fo��e�tng, �t�hetl� �tm*tatton beeeaSe ef ena�eretten.
{}� �atstng the groand }eve} o€ a btlt}dtng or stte, meets the following
applicable requirements.
(1) The ground level of a residential structure shall be raised by
filing so that the first floor or basement floor of any structure
to be erected, constructed, reconstructed, or moved on the flood
plain shall be constructed on fill with the finished surface of
these floors at or above the flood protection elevation as defined
in Section 30-67 of this code. The fill shall be not less that
one (1) foot be�o� above the f�eed pretee�ten regional flood
elevation for the particular area and the fill shall extend at
such elevation at least fifteen (15) feet beyond the limits of
any structure or building erected thereon. Water supply systems
shall be constructed so as to prevent the entrance of flood
waters, and the lowest point in a tile absorption field, seepage
trench or seepage pit shall not be lower than the outer boundary
elevation of the floodplain district. Essential utility systems
shall be floodproofed.
(2) Non-residential structures shall either be protected by elevations
as provided in 30- B 1 or floodproofed watertight and anchored
to resist flotation, lateral movement or buoyancy. This performance
standard may be met by construction techniques such as the
following:
a.
b.
c.
d.
e.
Anchorage of structures to foundations;
Installation of watertight doors, bulkheads and shutters;
Reinforcement of waTls to resist water pressures;
Use of paints and membranes or mortars to reduce seepage of
water through walls;
tnsta��atron ef pdMps to }e�er �ater }ebe}s tn Str�ctarea.
{33 Maktng straeta�a� medtficettens tn e ba*}dtng te preeent the
entrenee e# f�eed �aters er reddee the hetgh� ef f�eedtng
the�e*n.
(3) All structures shall have the water supply and waste treatment
systems, including on-site waste treatment systems, constructed
to prevent the entrance of flood waters.
{4} EenstrtictTen e€ water sapp�q and �aste treet�ent Sy�tems te
predentthe entrenee e� f�eed �eterS.
(D) The applicant for a building permit shall submit plans and specifica-
tions, certified by a registered architect or professional engineer
that the floodproofing or elevation measures are consistant with the
flood protection elevation for the particular area. In all cases
where a structure has been floodproofed, the registered professional
engineer or architect shall certify that the floodproofing methods are
adequate to withstand flood depths, pressures, velocities, impact and
uplift forces and other factors associated with the base flood, and a
record of such certificates indicating the specific elevation (in
relations to sea level to which such structures are floodproofed or
elevated shall be maintained with the zoning administrator.
(Ord. No. 1 10.224(4), April 1, 1971; Ord. No. 4 1,2, September 2, 1971.)
DIVISION 5. ADMINISTRATION
SECTION 30-69 ZONING ADMINISTRATOR
The building inspector or other officer appointed to administer the underlying
Zoning Chapter shall also administer the provisions of this Article. Among the
duties of the zoning administrator shall be the responsiblity to: �
(A) Review proposed development to assure that all necessary permits have
been received from those governmental agencies from which ap roval is
required by Federal or State law, including Section 0 of the Federal
Water Poliution Control Act Amendments of 1972, 33 U.S.C. 133 •
(B) For the purpose of the determination of applicable flood insurance
risk premium rates within the flood-prone areas, the building inspector
shall ob�atn receive the elevation in relation to sea level of the lowest
habitable floor including basement of all new or substantially
improved structures, and whether or not such structures contain a
basement. He also shall ebtetn receive, if the structure has been flood
proofed, the elevation in relation to mean sea level to which the
structure was floodproofed, and also maintain a record of all such
information.
(C) Notify adjacent communities and the State Coordinating Office prior to
any alteration or relocation of a water course, and submit copies of
such notifications to the Federal Insurance Administration.
(D) Assure that the flood carrying capacity within the attered or relocated
portion of any water course is maintained.
(Ord. No. 1 10.225(1), April 1, 1971.)
SECTION 30-70 BOARD OF APPEALS
The Board of Appeals established in Section 30-21, 22, 23 of this Code shall
hear and decide appeals where it is alleged that there is an error in order,
requirement, decision or determination made by an administrative official in the
enforcement or administration of this Article.
(A) The powers of the Board in requirements for notice of public hearings
as enumerated in Section 30-21, 22, 23 of this Code shall also apply
to this Article. Notices of variances shall atso be sent to the
Department of Natural Resources.
(B) No variance shalt have the effect of allowing in any district uses
prohibited in that district, permit a lower degree of flood protection
than thef}eed pretect*en e}edatten required by this Article for the
particular area, or permit standards lower than those required by
state law.
(C) A copy of any decision granting a variance shall be mailed to the main
office of the Department of Natural Resources.
(D) Mapping Disputes - The following procedure shall be used by the Board
of Appeals in deciding contested cases in which the location of a
flood plain zoning district boundary is disputed.
(1) Flood District Boundaries - 41hen the location of a flood plain
district boundary is established by experienced flood maps or
engineering studies, pursuant to the Section 30-59 of this Code,
the fl�od elevations or flood profiles for the point in question
shall be the governing factor in locating the district boundary
on the tand. If elevations or profiles are not available, the
Board of Appeals may examine any other available evidence that is
relevant.
(2) In all cases, the person contesting the iocation of the district
boundary shall be given a reasonable opportunity to present his
case to the Board of Appeals and to submit his own technical
evidence, if he so desires. The Board shall not allow deviations
from the boundary line as mapped unless the evidence clearly and
conclusively establishes that the mapped location of the line is
incorrect and the city ohtains the concurrence of the Federal
Insurance and the Department of Natural Resources.
(Ord. No. 1 10.225(2), April 1, 1971; Ord. No. 4 3, September 2, �97�.)
SECTION 30-71. SPECIAL USES
(A) Procedure to be followed in any Floodway District by Common Council in
passing on Special Use Permits. Upon receiving an application for a
Special Use Permit involving the use of fill, construction of structures,
or storage of materials, the Common Council shall, prior to rendering
a decision thereof:
(1) Require the applicant to submit, at the time of application, two
(2) copies of an aerial photograph, or a plan certified by a
competent technician which accurately locates the floodplain
proposal with respect to the floodplain district limits, channel
of stream, existing floodplain developments, together will all
pertinent information such as the nature of the proposal, legal
description of the property, fill limits and elevations, building
floor elevations, and floodproofing measures;
(2) Transmit one (1) copy of the information described in subsection
one (1) to the Department of Natural qesources with a request to
have that agency to provide expert technical assistance in evalu-
ating the effects of the proposed project on flood heights,
velocities, and floodplain storage areas and the determination of
flood protection levels;
(3) Require the applicant to furnish such of the following additional
information as is deemed necessary by the Beard-ef-Appea}s Plan
Commission and Common Council for the evaluation of the effects
of the proposal upon flood flows and floodplain storage and to
render a decision on the proposed floodplain use;
a. A typical valley cross-section showing the channel of the
stream, the floodplain adjoining each side of the channel,
cross-section area to be occupied by the proposed develop-
ment, and high water information.
b. Plan (surface view) showing elevations or contours of the
ground, pertinent structure, fill or storage elevations,
size, location and spacial arrangement of all proposed
and existing structures on the site, location and elevation
of streets, water supply, sanitary facilities, and soil
types and other pertinent information.
c. Profile showing the slope of the bottom of the channel or
flow line of the stream.
d. Specifications for building construction and materials,
"floodproofing," filling, dredging, grading, channel improve-
ment, storage of materials, water supply, and sanitary
facilities.
(B) Factors upon which the decision of the Common Council shall be based.
The determination of the Common Council on each Special-Use Permit
shall be based on the effects of the proposed project with respect to
the objectives and purpose of this Article.
(C) The Common Council shall act on any application in the manner above
described within sixty (60) days from receiving the application,
except that where additional information is required by the Common
Council pursuant to Section 30-71(A)(3) of this Code, the Beard
Council shall render a written decision within sixty (60) days from
the receipt of such information. A copy of any such decision shall be
mailed to the main and appropriate regional office of the Department
of Natural Resources.
(D) Conditions attached to Special Use Permits: Upon consideration of the
factors listed above and the purpose of this Article, the Common
Council may attach such conditions, in addition to those required by
specific permits, as it deems necessary in furthering the purposes of
this Article. Such conditions may inctude specifications for, without
limitation because of specific enumeration, modification of sewage
water supply facilities, landscaping, periods of operation, operational
controls, sureties, deed restrictions, and adequate "floodproofing."
(1) "Flood °roofing." Conditional uses requiring flood proofing
measures such as the fotlowing shall be designed consistant with
the flood protection elevation for the particular area as described
in apeeta� prodtS*ons, Section 30-68, and flood velocities,
forces and other factors associated with the ftood protection
elevation. The Common Council shall require that the applicant
submit plans and specifications, certified by a registered architect
or professional engineer, that the floodproofing measures are
consistant with the flood protection elevation for the particular
a rea .
a. Anchorage to resist flotation and lateral movement.
b. Installation of watertight doors, bulkheads and shutters.
c. Reinforcement of walls to resist water pressures and floating
debris.
d. Use of paints, membranes or mortars to reduce seepage of
water through walls.
e. Installation of pumps to lower water levels in structures.
f. Construction of water supply and sewage systems to prevent
the entrance of flood waters, such as cutoff valves.
g. Pumping facilities for subsurface drainage systems for
buildings to relieve external foundation wall and basement
floor pressures.
(Ord. No. 1 10.225(3), April 1, 1971.)
SECTION 30-72 CERTIFICATE OF OCCUPANCY
No vacant land shall be occupied or used, and no buitding hereafter erected,
altered, or moved on the flood plain of any river or stream shatl be occupied,
until a certificate of occupancy she�� has been issued by the Building Inspector.
The Building Inspector shall request the applicant to submit a certification by
a registered professional engineer or land surveyor that the finished fill and
building floor elevations, floodproofing measures, or other ftood protection
factors �ere are accomplished in compliance with the provisions of this Article.
The Building Inspector shall within ten (10) days after receipt of such certifica-
tion from the applicant issue a certificate of occupancy only if the building or
premises and the proposed use thereof conform with all the requirements of this
Article.
(Ord. No. 1 10.225(4), April 1, 1971.)
SECTION 30-73 ENFORCEMENT AND PENALTIES
Every structure, building, fill or development placed or maintained within any
flood plain 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 or any citizen thereof. Any person who places or maintains
any structure, building, fill, or development within any flood plain in violation
of this Article may be fined not less than Ten Dollars ($10) or more than Two
Hundred Dollars ($200) for each offense. Each day during which such violation
exists is a separate offense.
(Ord. No. 1 10.225(5), April 1, 1971.)
SECTION 30-74 AMENDMENTS
(A) The Common Council of the City may from time to time alter, supplement
or change the boundaries of use districts and the regutations contained
in this Article in the manner provided by law.
(1) Amendments to this Articte may be made on petitions of any interested
party in accordance with the provisions of Section 62.23(7)(i) of
the Wisconsin Statutues.
(2) Copies of any amendment proposed to the Common Council which is
referred to the City Plan Commission shall be forwarded by the
Secretary of the Plan Commission, together with the first notice
of public hearing thereon, to the main office and appropriate
regional office of the Department of Natural Resources. Before
the amendment becomes effective it must be approved by the Depart-
ment of Natural Resources.
(3) A copy of the action taken by the Common Council on any amendment
shall be forwarded to the main office and appropriate regional
office of the Department of Natural Resources.
(Ord. No. 1 10.225(6), April 1, 1971; Ord. No. 4 4, September 2, 1971.)
SECTION 2. This ordinance shall be in full force and effect from and after
its passage and date of publication.
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