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Jefferson City Municipal Code |
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Chapter 20
FLOODPLAIN ZONING
(Rep. & Recr. #12-87)
This Chapter is hereby adopted by reference as if fully set forth herein, a copy of which is on file in the office of the City Administrator.
INTRODUCTION AND GENERAL PROVISIONS
20.01 Statutory Authorization
20.02 Finding of Fact
20.03 Statement of Purpose
20.04 Title
20.05 General Provisions
GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
20.10 General Standards Applicable to all Floodplain Districts
20.11 Mobile Homes and Manufactured Homes
20.12 Watercourse Alterations
20.13 Chapter 30, 31, WI Stats., Development
FLOODWAY DISTRICT (FW)
20.20 Applicability
20.21 Permitted Use
20.22 Standards for Development
20.23 Prohibited Uses
FLOODFRINGE DISTRICT (FF)
20.30 Applicability
20.31 Permitted Use
20.32 Standards for Development
GENERAL FLOODPLAIN DISTRICT (GFP)
20.40 Applicability
20.41 Permitted Uses
20.42 Standards for Development
20.43 Determining Floodway/Floodfringe Limits
NONCONFORMING USES
20.50 General
20.51 Floodway Areas
20.52 Floodfringe Areas
FLOODPLAIN ZONING - (cont.)
ADMINISTRATION
20.60 Administration
20.61 Zoning Administrator
20.62 Zoning Agency
20.63 Board of Appeals
20.64 To Review Appeals of Permit Denials
20.65 Floodproofing
20.66 Public Information
AMENDMENTS
20.70 General
20.71 Procedures
20.80 Enforcement and Penalties
20.90 Definitions
FLOODPLAIN ZONING 20.01
INTRODUCTION AND GENERAL PROVISIONS
20.02 FINDING OF FACT. Uncontrolled development and use of the floodplains, rivers or streams of this municipality would adversely affect the public health, safety, convenience, general welfare, and impair the tax base.
20.03 STATEMENT OF PURPOSE. To regulate development in flood hazard areas to protect life, health and property the governing body does ordain:
The purpose of these rules is to provide a uniform basis for the preparation, implementation and administration of sound floodplain regulations for all floodplains within the municipality to:
(2) Minimize expenditures of public monies for costly flood control projects;
(3) Minimize rescue and relief efforts, generally undertaken at the expense of the tax paying public;
(4) Minimize business interruptions which usually result in the loss of local incomes;
(5) Minimize damage to public facilities on the floodplains such as water mains, sewer lines, streets and bridges;
(6) Minimize the occurrence of future flood blight areas of floodplains;
(7) Discourage the victimization of unwary land and home buyers; and
(8) Prevent increases in regional flood heights that could increase flood damage and may result in conflicts or litigation between property owners.
20.04 TITLE. This ordinance shall be known as the Floodplain Zoning Ordinance for the City of Jefferson, Wisconsin.
20.05 GENERAL PROVISIONS. (1) AREAS TO BE REGULATED. Areas regulated by this ordinance include all areas within the limits of the municipality that would be covered by the "regional flood" as defined in Section 20.90 (and include "floodplain islands" as defined in Section 20.90, where emergency rescue and relief routes would be inundated by the regional flood.
(3) ESTABLISHMENT OF DISTRICTS. The regional floodplain areas are hereby divided into three districts defined in 20.90 and as follows:
(b) The Floodfringe District (FF) consists of that portion of the floodplain between the regional flood limits and the floodway.
(c) The General Floodplain District (GFP) consists of all areas which have been or may be hereafter covered by the floodwater during the regional flood. It includes both the floodway and flood fringe districts.
FLOODPLAIN ZONING 20.05(4)
(c) Where flood profiles do not exist, the location of the district boundary line shall be determined by the zoning administrator using the scale appearing on the map, visual on-site inspection and any available information provided by the Department. Where there is a significant difference between the map and actual field conditions, the map shall be amended. Where a map amendment has been approved by both the municipal governing body and the Department, the zoning administrator shall have the authority to grant or deny a land use permit.
(5) REMOVAL OF LANDS FROM FLOODPLAIN. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain district, unless they are removed by filling to a height of at least two feet above the regional flood elevation, the fill is contiguous to land lying outside the floodplain district, and the map is amended pursuant to Section 20.70. To remove flood insurance requirements, FEMA must first raise the Flood Insurance Rate Map or issue a Letter of Map Amendment or Revision.
(6) COMPLIANCE. Any development, as defined in Section 20.90 or use within the areas regulated by this ordinance and obtain all necessary permits. State agencies are required to comply if (SS) 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when (SS) 30.12(4)(a), Stats., applies.
(7) MUNICIPALITIES AND STATE AGENCIES REGULATED. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if (SS) 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when (SS) 30.12(4)(a), Stats., applies.
(8) ABROGATION AND GREATER RESTRICTIONS. (a) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under (SS) 62.23, WI Stats., which relates to floodplains except that where another municipal zoning ordinance is more restrictive than the provisions contained in this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
FLOODPLAIN ZONING 20.05(9)
(10) WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection provided by this ordinance is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Larger floods may occur or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this ordinance does not imply that areas outside of the delineated floodplain; or permitted land uses within the floodplain, will be totally free from flooding and associated flood damages. Nor does this ordinance create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
(11) SEVERABILITY. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
(12) ANNEXED AREAS. The Jefferson County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all areas annexed by the municipality until the municipality adopts and enforces an ordinance which meets the requirements of Ch.. NR 116 Wis. Adm. Code These annexed lads are described on the Municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator.
GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
(b) Cause an increase in regional flood height die to floodplain storage area lost, which is equal to or exceeding 0.01 foot.
(2) Obstructions or increase equal to or greater than 0.01 foot may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, including floodway lines and water surface profiles, in accordance with Section 20.70 and only if the total cumulative effect of the proposed development will not increase the height of the regional flood more than 1.0 foot for the affected hydraulic reach of the stream.
(3) The coning administrator shall deny permits where it is determined the proposed development will cause an obstruction to flow or increase in regional flood height of 0.01 foot or greater.
20.11 MOBILE HOMES AND MANUFACTURED HOMES. (1) Owners or operators of all manufactured or mobile homes parks and subdivisions located in the regional floodplain shall provide for adequate surface drainage to minimize flood damage.
(b) Meet the residential development standards for the flood fringe in Section 20.32(2); and
(c) Be anchored so they do not float, collapse, or move laterally during a flood.
FLOODPLAIN ZONING 20.12
20.13 CHAPTER 30, 31 WIS. STATS., DEVELOPMENT. Development which requires a permit from the Department of Natural Resources, under Ch. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids may be allowed provided the necessary local permits are obtained and necessary amendments to the official floodway lines, water surface profiles, floodplain zoning maps or floodplain zoning ordinances, are made according to Section 20.70.
FLOODWAY DISTRICT (FW)
20.21 PERMITTED USE. The following open space uses are allowed in the floodway district, and the floodway portion of the general floodplain district, providing: They are not prohibited by any other ordinance; they meet the standards in Section 20.22 and all permits or certificates have been issued according to Section 20.61.
(2) Nonstructural industrial and commercial uses, such as: loading areas, parking areas and airport landing strips.
(3) Private and public recreational uses, such as: golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails.
(4) Uses or structures accessory to open space uses, or essential for historical areas, that are not in conflict with the provisions in Section 20.22 and 20.23.
(5) Extraction of sand, gravel or other material according to Section 20.22(4).
(6) Functionally water-dependent uses such as: docks, piers, or wharves, including those used as part of a marina, and other water related uses, such as dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines, according to Chs. 30, 31, WI Stats.
(7) Public utilities, streets and bridges, according to Section 20.22(3).
20.22 STANDARDS FOR DEVELOPMENT IN FLOODWAY AREAS. (1) GENERAL (a) Any development in floodway areas shall meet all of the provisions of Section 20.10 and have a low flood damage potential.
2. An analysis calculating the effects of this proposal on regional flood height.
(c) The zoning administrator shall deny the permit application where it is determined the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for par. (b) above.
FLOODPLAIN ZONING 20.22(2)
(b) The structures are constructed and placed on the building site so as to cause an increase less than 0.01 foot in flood height and offer minimum obstruction to the flow of floodwaters. Structures shall be constructed with the longitudinal axis parallel to the direction of flow of floodwaters, and approximately on the same lines as those of adjoining structures;
(c) The structures are firmly anchored to prevent them from floating away and restricting bridge openings or other restricted section of the stream or river; and
(d) The structures have 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:
(b) Construction does not increase in the regional flood height according to Section 20.10(1) except where the water surface profiles, floodplain zoning maps and floodplain zoning ordinance are amended, as needed to reflect any changes resulting from such construction.
(4) Fills or deposition of materials may be allowed by permit, provided that:
(b) The fill or deposition of materials does not encroach on the channel area between the ordinary high water mark on each bank of the stream unless a permit has been granted by the Department of Natural Resources pursuant to Ch. 30, 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 fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading sufficient to prevent erosion; and provided that
(d) Such files are not associated with private or public solid waste disposal.
20.23 PROHIBITED USES. All uses not listed as permitted uses in Section 20.21 are prohibited within the floodway district and in the floodway portion of the general floodplain district including the following uses which are always prohibited in the floodway:
(2) The storage of any materials that are capable of floating, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish, or other aquatic life.
(3) Any uses which are not in harmony with, or which may be detrimental to, the uses permitted in the adjoining districts;
(4) Any private or public sewage systems; except portable latrines that are removed prior to flooding, and systems associated with recreational areas and Department approved campgrounds, that meet the applicable provisions of local ordinances and Ch. ILHR 83, Wis. Adm. Code.
(5) Any public or private wells which are used to obtain water for ultimate human consumption; except those for recreational areas that meet the requirements or local ordinances and Chs. NR 111 and NR 112, Wis. Adm. Code;
FLOODPLAIN ZONING 20.23(6)
(7) Any wastewater treatment ponds or facilities except those 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 proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
FLOODFRINGE DISTRICT (FF)
20.31 PERMITTED USES. Any structures, land use, or development, including accessory structures and uses, are allowed within the flood fringe district and flood fringe portions of the general floodplain district, provided that the use is not prohibited by this or any other ordinance or any other local, state or Federal regulation and that all permits or certificates specified in Section 20.61 have been issued.
20.32 STANDARDS FOR DEVELOPMENT IN FLOODFRINGE AREAS. (1) all of the provisions of Section 20.10(1) shall apply in addition to the following requirements according to the use requested:
(b) The basement or crawlway floor may be placed at the regional flood elevation providing it is flood proofed to the flood protection elevation. No permit or variance shall allow any floor, basement or crawlway below the regional flood elevation.
(c) Contiguous dryland access, defined in Section 20.90 as a vehicle access route above regional flood elevation, shall be provided from a structure or building to land which is outside of the floodplain, except as provided in par. (d).
(d) The existing developments where existing streets or sewer lines are at elevations which make compliance with par. (c) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, provided:
2. The municipality has an adequate natural disaster plan concurred with the Division of Emergency Government and approved by the Department.
(3) ACCESSORY STRUCTURES OR USES: An accessory structure or use as defined in Section 20.90, not connected to a principal structure including nonresidential agricultural structures, shall meet all the applicable provisions of Section 20.22(1), (2), and (4), and 20.23. A lesser degree of protection, compatible with these criteria and the criteria in sub. (4) may be permissible for an accessory structure or use providing that the site is not inundated to a depth greater than 2 feet or subjected to flood velocities greater than 2 feet per second during the regional flood.
FLOODPLAIN ZONING 20.32(4)
(5) MANUFACTURING AND INDUSTRIAL USES: Any manufacturing, or industrial structure or building which is to be erected, constructed, reconstructed, altered, or moved into the flood fringe areas shall be protected to the flood protection elevation utilizing fill, levees, floodways, adequate flood proofing measures in accordance with Section 20.64, or any combination thereof. On streams or rivers having prolonged flood duration, greater protection may be required to minimize interference with normal plant operations. All lesser degree of protection, compatible with the criteria in par (4) and (6) may be permissible for storage yards, parking lots and other accessory structures or uses.
(6) STORAGE OR PROCESSING OF MATERIALS. The storage or processing of materials that are buoyant, flammable, explosive, or which in times of flooding, could be injurious to property, water quality of human, animal, plant, fish or aquatic life, shall be at or above the flood protection elevation for the particular area or flood proofed in compliance with Section 20.65. Adequate measures shall be taken to assure that said materials will not enter the river or stream during flooding.
(7) PUBLIC UTILITIES, STREETS AND BRIDGES: All utilities, streets, and bridges should be designed to be compatible with the local comprehensive floodplain development plans; and
(b) Minor or auxiliary roads or nonessential utilities may be constructed at lower elevations providing they withstand flood forces to the regional flood elevation.
(8) SEWAGE SYSTEMS: All on-site sewage disposal systems shall be flood proofed to the flood protection elevation and shall meet the applicable provisions of all local ordinances and Ch. ILHR 83, Wis. Adm. Code.
(9) WELLS: All public or private wells shall be flood proofed tot the flood protection elevation, pursuant to Section 20.65 and shall meet the applicable provisions of Chs.. NR 111 and NR 112, Wis. Adm. Code.
(10) SOLID WASTE DISPOSAL SITE: All public or private solid or hazardous wastes disposal sites are prohibited in flood fringe areas.
(11) DEPOSITION OF MATERIALS. Any materials deposited for any purpose may only be allowed if all the provisions of this ordinance are met.
GENERAL FLOODPLAIN DISTRICT (GFP)
20.41 PERMITTED USES. The general floodplain district encompasses both floodway and flood fringe areas. Therefore, a determination shall be made pursuant to Section 20.43, to determine whether the proposed use is located within a floodway or flood fringe area.
FLOODPLAIN ZONING 20.42
20.42 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT. Once it is determined according to Section 20.43 that a proposed use is located within a floodway, the provisions of Section 20.20 shall apply. Once determined that the proposed use is located within the flood fringe, the provisions of Section 20.30 shall apply. All provision of the remainder of this ordinance apply to either district.
20.43 DETERMINING FLOODWAY AND FLOODFRINGE LIMITS. Upon receiving an application for development within the general floodplain district, the zoning administrator shall:
(2) Require the applicant to furnish any of the following additional information as is deemed necessary by the Department for evaluation of the effects of the proposal upon flood height and flood flows, the regional flood elevation and where applicable to determine the boundaries of the floodway:
(b) Plan (surface view) showing: elevation or contours of the ground; pertinent structure, fill or storage elevation; size, location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
(c) Profile showing the slope of the bottom of the channel or flow line of the stream.
(d) Specifications for building construction and materials, flood proofing, filling, dredging, channel improvement, storage of materials, water supply and sanitary facilities.
(3) Transmit a copy of the information described in par. (1) and (2) to the Department District office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of Section 20.61(2)(c) apply, the applicant shall provide all required information and computations, to delinquent floodway boundaries and the effects of the project on flood elevations.
NONCONFORMING USES
FLOODPLAIN ZONING 20.50(2)(b)
(b) If a nonconforming use or the use of a nonconforming structure us discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance.
(c) As requests are received by the municipality for modifications or additions to nonconforming uses or nonconforming structures, a record shall be kept which lists the nonconforming uses and nonconforming structures, their present equalized assessed value, and the cost of those additions or modifications which have been permitted.
(d) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed fifty percent (50%) of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirement of this ordinance and contiguous dry land access is provided in compliance with Section 20.32(2).
(e) If any nonconforming structure or any structure with a nonconforming use us destroyed or us so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the requirements of this ordinance. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would exceed 50% of the present equalized assessed value of the structure.
20.51 FLOODWAY AREAS. (1) No modifications or additional shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:
(b) Meets the requirements of Section 20.50; and
(c) Will not increase the obstruction to flood flows or regional flood height; and
(d) Any addition to the existing structure shall be flood proof, pursuant to Section 20.65 by means other than the use of fill, to the flood protection elevation.
(2) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and Ch. 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 replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and Ch. NR 111 and NR 112, Wis. Adm. Code.
20.52 FLOODFRINGE AREAS. (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality. In addition, the modification or addition shall be placed on fill or flood proofed to the flood protection elevation in compliance with the standards for that particular use in Section 20.32, except where Section 20.52(2) is applicable.
FLOODPLAIN ZONING 20.52(2)(a)
(b) Human lives are not endangered;
(c) Public facilities, such as water or sewer, will not be installed;
(d) Flood depths will not exceed two feet;
(e) Flood velocities will not exceed two feet per second; and
(f) The structure will not be used for storage of materials described in Section 20.32(6).
(3) If neither the provisions of par. (1) nor (2) above can be met, an addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood fringe on a one-time basis only, if the addition:
(b) Does not exceed 60 square feet in area; and
(c) In combination with other previous modifications or additions to the building, does not exceed 50% of the present equalized assessed value of the building.
(4) All new private sewage disposal systems, or additions to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances and Ch. ILHR 83, Wis. Adm. Code.
(5) All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance and Ch. NR 111 and 112, Wis. Adm. Code.
20.60 ADMINISTRATION. This section provides for the appointment of appropriate boards and staff, and the development of necessary policies and procedures, to administer this ordinance. Where a zoning administer, planning agency or Board of Appeals has already been appointed to administer a zoning ordinance adopted under (SS) 59.97, 59.971, or 62.23(7) Stats., these official shall also administer this ordinance.
20.61 ZONING ADMINISTRATOR. (1) The zoning administrator is hereby authorized to administer the provisions of this ordinance and shall have the following duties and powers:
(b) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate.
(c) Keep records of all official actions such as:
2. Inspections made.
3. Work Approved.
4. Documentation or certified lowest floor and regional flood elevations for floodplain development.
5. Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
(d) Submit copies of the following items to the Department district office:
FLOODPLAIN ZONING 20.61(1)(d)2.
(e) Investigate, prepare reports, and report violations of this ordinance to the appropriate municipal zoning agency and the municipal attorney for prosecution. Copies of the violation reports shall also be sent to the Department District office.
(f) Submit copies of text and map amendments and biennial reports to the regional office of FEMA.
(2) LAND USE PERMIT. A land use permit shall be obtained from the zoning administrator before any new "development", as defined in Section 20.90, or any change in the use of an existing building or structure including sewage disposal systems and water supply facilities may be initiated. Application shall be made to the zoning administrator upon furnished application forms and shall include the following data:
(b) SITE DEVELOPMENT PLAN. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:
2. Location of the ordinary high-water 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 the official floodplain zoning maps;
7. The elevation of the lowest floor of proposed buildings and any fill using National Geodetic and Vertical Datum (NGVD).
8. Data sufficient to determine if the proposed development will cause wither an obstruction to flow or an increase in regional flood height or discharge according to Section 20.10(1). This may include any of the information noted in Section 20.22(1).
(c) DATA REQUIREMENTS TO ANALYZE DEVELOPMENTS. 1. The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivisions proposals, as "subdivision" is defined in (SS) 236.02(3), Stats., and other proposed developments exceeding 5 acres in area or where the estimated cost exceeds $125,000. The applicant shall provide:
b. A map showing location and details of vehicular access to lands outside the floodplain.
c. A surface drainage plan with adequate details showing how flood damage will be minimized.
2. The estimated cost of the proposal shall include all structural development, landscaping improvements, access and road development, electrical and plumbing, and similar items reasonably applied to the overall development costs, but need not include land costs.
FLOODPLAIN ZONING 20.61(2)(c)3.
(d) EXPIRATION. All permits issued under the authority of this ordinance shall expire 1 year from the date of issuance.
(3) CERTIFICATE OF COMPLIANCE. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:
(b) Application for such certificate shall be concurrent with the application for a permit.
(c) The certificate of compliance shall be issued within 10 days after written notification of completion of the work specified in the permit, provided the building or premises or proposed use conforms with all the provisions of this ordinance.
(d) The applicant shall submit a certification signed by the registered professional engineer or registered land surveyor that the fill, lowest floor, and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or registered architect that floodproofing adequacy meets the requirements of Section 20.65.
(4) OTHER PERMITS. It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state, and local agencies, including those required by the US Army Corps or Engineers under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 1334.
20.62 ZONING AGENCY. (1) The zoning agency or committee shall oversee the functions of the office of the zoning administrator; review and make recommendations to the Board on all proposed amendments to the floodplain zoning ordinance map and text; and maintain a complete public record of all its proceedings.
20.63 BOARD OF APPEALS. The appropriate board created under (SS) 62.23(7)(e), Stats., is hereby authorized or shall be appointed to act as the Board of Appeals for the purposes of this ordinance. The Board of Appeals shall exercise the powers conferred by Wis. Stats., and adopt rules for the conduct of business. The zoning administrator may not be the Secretary of the Board.
(b) BOUNDARY DISPUTES - Hear and decide disputes concerning the district boundaries shown on the official map.
(c) VARIANCES - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.
FLOODPLAIN ZONING 20.63(2)
b. Publish adequate Class 2 Notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing;
c. Assure that notice shall be mailed to the parties in interest and the district office of the Department at least 10 days in advance of the hearing.
2. HEARING. - Any party may appear in person or by agent or Attorney. The Board shall:
b. Decide variance applications according to (SS) 20.63(4);
c. Decide appeals of permit denials according to (SS) 20.64. (c) DECISION. The final decision regarding the appeal of variance application shall:
1. Be made within a reasonable time;
2. Be sent to the district office of the Department within 10 days of the decision;
3. Be a written determination signed by the chairman or secretary of the board;
4. State the specific facts which are the basis for the Board's decision;
5. Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the application for the variance;
6. Include the reasons or justifications for granting an appeal, with a description of the hardship or practical difficulty demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
(3) BOUNDARY DISPUTES. The following procedure shall be used by the Board of Appeals in hearing disputes concerning the district boundaries shown on the official floodplain zoning map:
(b) In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the Board of Appeals.
(c) Where it is determined that the district boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the location of the boundary to petition the governing body for a map amendment according to (SS) 20.70.
(4) VARIANCE. (a) The Board of Appeals may, upon appeal, grant a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates that:
FLOODPLAIN ZONING 20.63(4)(a)1.
2. The hardship is die to adoption of the floodplain ordinance and special conditions unique to the property; not common to a group of adjacent lots or premises (in such case the ordinance or map must be amended);
3. Such variance is not contrary to the public interest;
4. Such variance is consistent with the purpose of this ordinance stated in (SS) 20.03.
(b) A variance shall not:
2. Be granted for a hardship based solely on an economic gain or loss;
3. Be granted for a hardship which is self-created;
4. Damage the rights or property values of other persons in the area;
5. Permit a lower degree of flood protection in the floodplain than the flood protection elevation;
6. Allow any floor, basement or crawlway below the regional flood elevation for residential or commercial structures;
7. Allow actions without the amendments to this ordinance or map(s) required in (SS) 20.70.
(c) When a variance 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 variance appeal record.
20.64 TO REVIEW APPEALS OF PERMIT DENIALS. (1) The Zoning Agency ((SS) 20.62) or Board of Appeals shall review data constituting the basis for the appeal of permit denial. This data may include (where appropriate):
(b) Floodway/flood fringe determination data in (SS) 20.43;
(c) Data listed in (SS) 20.22(1)(b)2. where the applicant has not submitted this information to the zoning administrator.
(d) Other data submitted to the zoning administrator with the permit application, or submitted to the Board with the appeal.
(2) For appeals of all denied permits the Board shall:
(b) Consider Zoning Agency recommendations:
(c) Either uphold the denial or grant the appeal.
(3) For appeals concerning increases in regional flood elevation the Board shall:
(b) Grant the appeal where the Board agrees that the date properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot provided no other reason for denial exist.
FLOODPLAIN ZONING 20.65
(b) Assure protection to the flood protection elevation;
(c) Provide anchorage of structures to foundations to resist flotation and lateral movement;
(d) Insure that the structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.
(3) Floodproofing measures could include:
(b) Addition of mass or weight to structures to prevent flotation;
(c) Placement of essential utilities above the flood protection elevation;
(d) Surface or subsurface drainage systems, including pumping facilities, to relieve external foundation wall and basement floor pressures;
(e) Construction of water supply wells, and waste treatment systems to prevent the entrance of flood waters into the systems;
(f) Cutoff valves on sewer lines or elimination of gravity flow basement drains.
20.66 PUBLIC INFORMATION. (1) Where useful, marks on bridges or buildings or other markers may be set to show the depth of inundation during the regional flood at appropriate locations within the floodplain.
(3) All legal descriptions of property in floodplain should include information relative to the floodplain zoning classification when such property is transferred.
AMENDMENTS
(2) Correction of significant discrepancies between the water surface profiles and floodplain zoning maps;
(3) Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
(4) Any fill or encroachment into the floodplain that will obstruct flow causing an increase on 0.01 foot or more in regional flood height;
(5) Any upgrading of floodplain zoning ordinances text required by the Section NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality.
FLOODPLAIN ZONING 20.71
(2) No amendment to the maps or text of this ordinance shall become effective until review and approved by the Department.
(3) All persons petitioning for a map amendment which involves an obstruction to flow causing an increase of 0.01 foot or more in height of the regional flood shall obtain flooding easements, or other appropriate legal arrangements, from all adversely affected property owners and local units of government before the amendment can be approved by the governing body.
(4) When considering amendments to the official floodplain zoning map, in areas where no water surface profiles exists, the zoning agency or Board shall consider data submitted by the Department, the zoning administrator's visual on-site inspections and other available information. [See Section 20.05(4)]
20.80 ENFORCEMENT AND PENALTIES. Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall, upon conviction, forfeit to the municipality a penalty as provided in Section 25.04 of this Municipal Code. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to (SS) 87.30, Stats.
20.90 DEFINITIONS. Unless specifically defined below, words and phrases used in this ordinance shall have the same meaning as they have in common law and to give this ordinance its most reasonable application, Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall is mandatory and not discretionary.
"ACCESSORY STRUCTURE OR USE" - A detached subordinate structure or a use which is clearly incidental to an customarily found in connection with the principal structure or use to which it is related, and which is located on the same lot as that of the principal structure or use.
"BUILDING" - See STRUCTURE.
"BULKHEAD LINE" - A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to (SS) 30.11 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.
"CERTIFICATE OF COMPLIANCE" - A certification issued by the zoning administrator stating that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
"CHANNEL" - A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow or water.
"DEPARTMENT" - The Wisconsin Department of Natural Resources.
FLOODPLAIN ZONING 20.90 - (cont.)
"DRYLAND ACCESS" - means a vehicular access route which is above the regional flood elevations and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
"ENCROACHMENT" - Any fill, structure, building, use or development in the floodway.
"EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISIONS" - A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the installation of utilities, wither final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance.
"FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal agency that administers that National Flood Insurance Program. This agency was previously known as the Federal Insurance Administration (FIA), or Department of Housing (HUD).
"FLOOD OR FLOODING" - means a general and temporary condition of partial or complete inundation of normally dry land areas used by:
The rapid accumulation of runoff of surface waters from any source; and
The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore the Lake Michigan or Lake Superior; and
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 surge, or by some similarly unusual event.
"FLOOD FREQUENCY" - means the probability of a flood occurrence. A flood frequency is generally determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent (%) chance of occurring in any given year.
"FLOOD FRINGE" - That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and generally associated with standing water rather than flowing water.
"FLOOD HAZARD BOUNDARY MAP" - A map prepared by FEMA designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. Said map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program.
"FLOOD INSURANCE STUDY" - A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and regional flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood insurance study maps form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
"FLOODPLAIN" - Than land which has been or may be hereafter covered by flood water during the regional flood. The floodplain includes the floodway and the flood fringe, and may include other designated floodplain areas for regulatory purposes.
FLOODPLAIN ZONING 20.90 - (cont.)
FLOODPLAIN ZONING 20.90
"FLOODPLAIN MANAGEMENT" - means the full range of public policy and action for insuring wise use of floodplains. It includes everything from the collection and dissemination of flood data to the acquisition of floodplain lands and the enactment and administration of codes, ordinances and statutes for land use in the floodplain.
"FLOOD PROFILE" - A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
"FLOODPROOFING". means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of building subject to flooding, for the purpose of reducing or eliminating flood damage.
"FLOOD PROTECTION ELEVATION" - An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also See: FREEBOARD)
"FLOODWAY" - The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
"FLOOD STORAGE" - means those floodplain areas where storage of flood waters has been taken into account in reducing the regional flood discharge.
"FREEBOARD" - means a flood protection elevation requirement designed as a safety factor which is usually expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for the effects of any factors that contribute to flood heights greater than those calculated. These factors include, but are not limited to, ice jams, 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 aggravation of the river or stream bed.
"HABITABLE BUILDINGS" - means any building, or portion thereof used for human habitation.
"HEARING NOTICE" - means publication or posting meeting the requirements of Ch. 985 Stats. Class 1 Notice is the minimum required for appeals: Published once at least one week (7 days) before the hearing. Class 2 notice is the minimum required for all zoning ordinances and amendments: published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
"HIGH FLOOD DAMAGE POTENTIAL" - means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
"HUMAN HABITATION" - means a human residence or dwelling.
"INCREASE IN REGIONAL FLOOD HEIGHT" - means a calculated upward rise in the regional flood elevation, equal to or greater then 0.01 foot, resulting comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
"LAND USE" - Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT).
"MOBILE HOME" OR "MANUFACTURED HOME" - A structure transportable in one or more sections, which is built on a permanent foundation when connected to required utilities. For the purpose of this ordinance, it does not include recreational vehicles or travel trailers.
FLOODPLAIN ZONING 20.90 - (cont.)
"NGVD" OR "NATIONAL GEODETIC VERTICAL DATUM" - means elevations referenced to mean sea level datum, 1929 adjustment.
"NONCONFORMING STRUCTURE" - An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the flood fringe district is a conforming use. However, if the first floor is lower than the flood protection elevation, the structure is nonconforming).
"NONCONFORMING USE" - An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
"OBSTRUCTION TO FLOW" - means any development which physically blocks the conveyance of floodwaters such that this development by itself or in conjunction with any future similar development will cause an increase in regional flood height.
"OFFICIAL FLOODPLAIN ZONING MAP" - That map, adopted and made part of this ordinance, as described in Section 20.05(2), which has been approved by the Department of Natural Resources and FEMA.
"OPEN SPACE USE" - Those uses having a relatively low flood damage potential and not involving structures.
"ORDINARY HIGH-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 be erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
"PERSON" - An individual, or group of individuals, corporation, partnership, association, municipality or state agency.
"PRIVATE SEWAGE SYSTEM" - means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the Department of Industry, Labor and Human Relations including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel that the structure.
"PUBLIC UTILITIES" - means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
"REGIONAL FLOOD" - A flood determined to be representative of large floods known to have occurred in Wisconsin or which may be expected to occur on a particular lake, river or stream once in every 100 years.
"STRUCTURE" - Any man-made object with form, shape and utility, wither 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 buildings, gas or liquid storage tanks, bridges, dams and culverts.
"SUBSTANTIAL IMPROVEMENT" - Any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the present equalized assessed value of the structure with before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (b) any alteration of a structure
FLOODPLAIN ZONING 20.90 - (cont.)
"UNNECESSARY HARDSHIP" - means that circumstances were special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
"VARIANCE" - means an authorization by the Board of Appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards contained in the floodplain zoning ordinance.
"WATERSHED" - means the entire region or area contributing runoff or surface water to a particular watercourse or body of water.
"WATER SURFACE PROFILE" - means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
"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.