(a)

Purpose and Intent. The N-C Overlay District addresses transitional redevelopment areas, typically at the edges of more intense mixed-use centers, in La Crosse's most compact neighborhoods. These areas are defined by a mix of homes and stores. Where this overlay district is adopted by applicability as stated in [subsection] 115-185(b), it shall supersede the requirements of the underlying zoning districts.

(b)

Applicability. Bridgeview Neighborhood Center Overlay District, Commencing at the northeast intersection of the Palace Street and Rose Street/US53 right-of-way, continuing northeasterly along the Rose Street/US 53 right-of-way and along the southern right-of-way of Interstate 90, to the intersection of the wester property line of the parcel at 2940 Wittenberg Place, known as Wittenberg Park, Tax # 10255-100, continuing southerly along the entire eastern property line of Wittenberg Park to the northeast intersection of the property lines of 2940 Wittenberg Place (Wittenberg Park) then continuing east to the CP Rail right-of-way, then south along the CP Rail right-of-way to the intersection with the Hamilton Street right-of-way, then southwesterly across Hamilton Street to the northern right-of-way of Salem Road then continuing along the northern right-of-way line of Salem Road to the northwest intersection of the rights-of-way of Salem Road to a point along the Salem Road right-of-way perpendicular to the southeast intersection of Wood Street and Salem Road, continuing south along the east right-of-way line of Wood Street to the southeast corner of the rights-of-ways of Wood Street and Campbell Street, continuing west along the south right-of-way line of Campbell Street to the southeast intersection of the rights-of-way of Campbell Street and George Street, then continuing south along the east right-of-way line of George Street to the southeast intersection of the rights-of-way of George Street and Cunningham Street, then westerly along the southern right-of-way line of Cunningham Street to the southeast intersection of the rights-of-way of Cunningham Street and Kane Street, continuing south along the eastern right-of-way of Kane Street to the northeast intersection of the rights-of-way of Kane Street and Palace Street to the point of beginning, excepting all public right-of-way within described area. This overlay district shall include the parcels indicated in Exhibit C. This overlay district is only applicable within the above stated boundaries and for existing parcels or land assemblies over an acre.

(c)

Building Types. Form requirements of the neighborhood center zones are streamlined to allow for a mix of the following building types are permitted in the N-C zone: Single-Family Housing, Multi-Family Housing, Mixed Use Commercial-Residential, Neighborhood Commercial, and Community Facilities.

(d)

General. All development in the N-C district must comply with the design standards including the following:

(1)

Frontage Elements.

(2)

Principal Uses.

(3)

Accessory Uses.

(4)

Temporary Uses.

(5)

Landscaping.

(6)

Fences and Walls.

(7)

Stormwater.

(8)

Outdoor Lighting.

(9)

Corner Visibility.

(10)

Site Impacts.

(11)

Pedestrian Access.

(12)

Bicycle Access and Parking.

(13)

Vehicle Access and Parking.

(14)

Transportation Demand Management.

(15)

On Premises Signs.

(16)

Blocks.

(17)

Rights-of-Way.

(18)

Nonconformities.

(e)

Specific Standards. Any building on the site that houses professional or administrative offices, retail and services, or other uses open to the general public should be positioned so as to relate strongly to the adjacent public right-of way; i.e., by directly abutting the public right-of way, or by being sited within a lawn no more than ten feet set back from the public right-of-way. Rear and Side Yard Setbacks are flexible, but must meet fire code requirements. All other area standards are flexible and subject to administrative review and approval as part of Design Review. Buildings in the N-C district must meet the City's Design Standards and generally with adopted City Plans recommending a preferred land use strategy.

(f)

Principal Uses. Permitted Uses in the N-C district include all uses permitted in the City's Residential and Local Business Districts.

(g)

Accessory Uses. Accessory Uses Permitted in the N-C District include all permitted accessory uses in the City's Residential and Local Business Districts.

(h)

Conditional Uses. Conditional Uses Permitted in the N-C District include all permitted accessory uses in the City's Residential and Local Business Districts.

(1)

Demolitions. Demolitions permitted by conditional use permits on parcels less than one acre shall retain the underlying zoning until such time as they are combined with adjoining parcels, comprising a total of over one acre. Upon the approved combination of parcels comprising over one acre, the resulting parcel of over one acre shall be granted NC Zoning. In no case shall land assemblies be permitted with over one principal structure remaining, unless allowed by the City's Code.

(i)

Temporary Uses. Temporary Uses Permitted in the N-C District include all permitted accessory uses in the City's Residential and Local Business Districts.

(j)

Architectural materials, Landscaping, Fences and Walls, Stormwater, Outdoor Lighting, Corner Visibility, Site Impacts, Pedestrian Access, Bicycle Access and Parking, Vehicle and Transit Access. Architectural Materials, Landscaping, Fences and Walls, Stormwater, Outdoor Lighting, Corner Visibility, Site Impacts, Pedestrian Access, Bicycle Access and Parking and Vehicle and Transit Access must meet the requirements of the City's design standards.

(k)

Parking. Vehicular Parking must meet the requirements of the City's design standards. Off street parking requirements is required for each use type according to the City's Code of Ordinances, however, residential uses are only required to have one off street stall per unit and shared off street parking space is highly encouraged and will be considered acceptable in meeting the City's requirements provided the demand-time for spaces are not in conflict. An additional administrative reduction of up to 25 percent for off street parking requirements may be granted by the City's Planning and Development Department upon receipt of a request and justification narrative by the owner/developer with proof the developer/applicant is implementing Transportation Demand Management for the project.

(l)

Transportation Demand Management. Developments in the N-C district must implement recommendations of the City's Transportation Demand Management Plan as part of the design review submittal to the Department of Planning and Development.

(m)

On Premises Signs. On premises signs must meet the requirements of the City's Code.

(n)

Block Connectivity. New vehicular rights-of-way must connect to and extend the existing block network where possible. This requirement does not apply to portions of the district boundary where connections cannot be made because of physical obstacles, such as prior platting of property, existing structures or other barriers, steep slopes (slopes over 15 percent), wetlands and water bodies, railroad and utility rights-of-way, existing highway rights-of-way, and parks and dedicated open space.

(o)

Rights-of-Way. All vehicular rights-of-way must terminate at other vehicular rights-of-way, forming a network; however, partially vacated right-of-way may be used for redevelopment purposes where opportunity exists to maintain transportation linkages.

(p)

Nonconformities. Authority to Continue. Any use, structure, lot, or sign that was lawfully established prior to, and has been made nonconforming as of, the effective date or subsequent amendment of this Ordinance [Division], may continue so long as the nonconformity remains otherwise lawful and complies with this section. Any rights conferred upon a nonconformity run with the property and are not affected by changes in tenancy or ownership. Proof of Nonconformity. The burden of establishing the prior existence of a nonconformity is on the applicant. When applying for any permit or approval related to a nonconformity, the applicant may be required to submit evidence of a prior permit or other documentation showing that the nonconformity existed prior to the date on which it became nonconforming. Expansion. A nonconforming use may not be expanded in area or increased in intensity. Nonconformities shall be subject to the provisions in [Section] 115-33 of the City Code.

(q)

Density. In cases where residential redevelopment is proposed, density in the Neighborhood Center Overlay District shall be a minimum of ten units per acre, measured over the entire redevelopment area affected by the redevelopment proposal.

(Ord. No. 5105, § I, 9-12-2019)

(a)

Pursuant to the provisions of Wis. Stat. § 62.23(7)(em), the Heritage Preservation Commission may, after notice and public hearing, recommend Historic Districts or rescind such recommendation. At least 20 days prior to such hearing, the Commission shall notify the owners of record, who are owners of property in such proposed district, the owners of the property immediately adjacent extending 100 feet therefrom, and the owners of property directly opposite thereto extending 100 feet from the street frontage of such opposite property. These owners shall have the right to confer with the Commission prior to final action by the Commission on the designation. Notice of such hearing shall also be published as Class 1 Notice, under the Wisconsin Statutes. At least 20 days prior to the public hearing, the Commission shall also notify the following: Council Members(s) of the proposed Historic District, Mayor, Director of Public Works, Redevelopment Authority, Parks, Recreation Department, and Department of Planning and Development. Each may respond to the Commission with its comments on the proposed designation or rescission at or prior to such hearing.

(b)

The Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and receive records and documentation as it deems necessary. The Commission may conduct additional public hearings or an independent investigation into the proposed designation or rescission. Within 60 days after the close of the public hearing(s), the Commission may recommend creation or amendment of a Historic District. The Commission shall cause any recommendation for designation or rescission to be submitted to the Common Council for referral to the City Plan Commission and approval by the Common Council.

(c)

Historic districts may also be initiated by property owners wishing to be included within an Historic District. All Historic Districts shall be subject to prior review and recommendation of the Heritage Preservation Commission, City Plan Commission and subject to final approval by the Common Council in accordance with applicable State and City zoning procedure.

(Code 1980, § 15.38(A))

The historic or historic zoning overlay district designation shall constitute a change in zoning for historic preservation purposes and shall be included as such on the official land use or zoning map. The historic zoning shall be in addition to the existing underlying land use zoning.

(Code 1980, § 15.38(B))

(a)

A Historic District may be designated for any geographic area of particular historic, architectural or cultural significance to the City which:

(1)

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, State or community;

(2)

Is identified with historic personages or with important events in National, State or local history;

(3)

Embodies the distinguishing characteristics of architectural types or specimens inherently valuable for the study of a period or periods, styles, methods or construction, or of indigenous materials or craftsmanship;

(4)

Is representative of the notable works of master builders, designers, or architects who influenced their age; or

(5)

Has yielded, or may be likely to yield, information important to history or prehistory.

(b)

For preservation purposes, the Heritage Preservation Commission shall in conjunction with the creation of a Historic District, with the assistance of the Department of Planning and Development, prepare a historic preservation plan.

(1)

Each historic preservation plan shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.

(2)

The Historic District plan shall distinguish between buildings that contribute to the distinctive architectural or special historic character of the Historic District as a whole and therefore should be preserved (contributing buildings) and those buildings that fail to so contribute (noncontributing buildings). The plan shall also distinguish between a unit of property which includes a physical betterment constituting an improvement and the land embracing the site thereof, known as an improvement parcel, and an unimproved area of land to be known as a noncontributing parcel.

(c)

The development of a Historic District plan may include the following:

(1)

All new structures or additions should be constructed to a height visually compatible with the contributing buildings and environment with which they are visually related.

(2)

The gross volume of any new structure or addition should be visually compatible with the contributing buildings and environment with which it is visually related.

(3)

In the street elevation of a building, the proportion between the width and height in the facade should be visually compatible with the contributing buildings and environment with which it is visually related.

(4)

The proportions and relationships between doors and windows in the street facade should be visually compatible with the contributing buildings and environment with which it is visually related.

(5)

The materials used in the final facade should be visually compatible with the contributing buildings and environment with which it is visually related.

(6)

The texture inherent in the facade should be visually compatible with the contributing buildings and environment with which it is visually related.

(7)

The design of the roof should be visually compatible with the contributing buildings and environment with which it is visually related.

(8)

The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the contributing buildings and environment with which it is visually related.

(9)

The street facade should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.

(10)

Architectural elements should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.

(d)

Notice and review of the Historic District designation shall include any proposed Historic Preservation plan, including review by the City Plan Commission and final approval by the Common Council.

(Code 1980, § 15.38(C))

No building permit shall be issued by the Fire Department - Division of Fire Prevention and Building Safety for alteration, construction, demolition, or removal of any property or structure within a proposed Historic District from the date of the first notice of public hearing by the Heritage Preservation Commission until final disposition by the Heritage Preservation Commission or the City Council unless such alteration, removal or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay be for more than 120 days.

(Code 1980, § 15.38(D); Ord. No. 4911, § I(attch.), 1-14-2016)

(a)

Every owner of a historic structure, historic site or contributing building in a Historic District shall maintain the same or cause or permit it to be maintained in a condition consistent with the provisions of this division. The City Council may appoint the Fire Department - Division of Fire Prevention and Building Safety to enforce this division. The duties of inspection shall include periodic inspection of designated historic structures, historic sites and Historic Districts. These inspections may include physical entry upon the property and improvement, with permission of the owner, to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of any contributing buildings. If an owner refuses permission for the enforcement officer to enter for purposes of inspection, the Inspection Officer may obtain a warrant of entry pursuant to Wis. Stat. § 66.0119 and take any other reasonable measures to further enforcement of this article.

(b)

Every owner of a contributing building or a historic site in a Historic District shall, if economically feasible, keep in good repair all of the exterior portions of such contributing building and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such contributing building to fall into a state of disrepair, including, but not limited to:

(1)

The deterioration of exterior walls or other vertical supports;

(2)

The deterioration of roofs or other horizontal members;

(3)

The deterioration of external chimneys;

(4)

The deterioration or crumbling of exterior plasters or mortar;

(5)

The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

(6)

The peeling of paint, rotting, holes, and other forms of decay;

(7)

The deterioration of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures, and landscaping;

(8)

The deterioration of any features so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(c)

The purpose of this section is to prevent the demolition of a building or structure by neglecting it.

(d)

If any property owner claims it is not economically feasible to comply with the provisions of this section, such property owner may appeal to the Heritage Preservation Commission. The decision of the Heritage Preservation Commission shall be subject to review by the Common Council.

(Code 1980, § 15.38(E); Ord. No. 4911, § I(attch.), 1-14-2016)

In any case where the Fire Department - Division of Fire Prevention and Building Safety determines that there are emergency conditions dangerous to life, health or property affecting a historic structure, site or a contributing building in a Historic District, the Fire Department - Division of Fire Prevention and Building Safety may order the remedying of these conditions without the approval of the Commission. The Fire Department - Division of Fire Prevention and Building Safety shall promptly notify the Commission of the action being taken. When the emergency conditions do not require demolition, the Fire Department - Division of Fire Prevention and Building Safety shall make every effort to carry out the intent of this division and to use any guidelines of the Commission when remedying the emergency conditions.

(Code 1980, § 15.38(F); Ord. No. 4911, § I(attch.), 1-14-2016)

(a)

Purpose. Pursuant to this division, the purpose of this section is to foster the City's Comprehensive Plan to identify the City's historic and architectural resources for designation and protection, to establish a coordinated preservation program and to provide tools to protect significant resources. The local district designation of the Tenth and Cass Neighborhood Historic District is created to encourage preservation of the historic resources of the district, which district was named to the National Register of Historic Places in 2000. This subsection will provide design standards and review procedures to guide preservation, rehabilitation, new construction, relocation and demolitions within the Tenth and Cass Neighborhood Historic District (District).

(b)

Boundaries. The Tenth and Cass Neighborhood Historic District boundary is as follows (generally described as the area between King Street, Ninth Street, Cameron Avenue and Eleventh Street):

Beginning at the southwest corner of Cass Street and South 11th Street, then south along the west curb line of South 11th to the alley that bisects this block longitudinally, then west along the rear lot lines of 1024, 1018, 1010 and 1004 Cass Streets, then continuing west across South 10th Street to the east curb of South 10th, then proceeding south along the east lot line of 324 South 10th Street to the northwest corner of the intersection of South 10th and Cameron Avenue, then west along the north curb line of Cameron Avenue to the alley west of 923 Cameron, then north along the west lot line of 923 Cameron to the alley at the rear of the property, then east a short distance to the southwest corner of the lot of 924 Cass, then north along the west lot line of 924 Cass to the south curb line of Cass Street, then continuing north across Cass Street to the north curb line of Cass Street, then west along the north curb line to the alley at the rear of 236 South 9th Street, then proceeding north along the rear lot lines of 236, 224, 220, 212-214 and 204-210 South 9th Street, then east along the north line of 204-210 South 9th Street to the west curb line of S. 9th Street, then proceeding east across South 9th Street to the east curb line of South 9th, then north along the 9th Street curb line to the southeast corner of the intersection of South 9th Street and King Street, then east along the south curb line of King Street to the northeast corner of the lot of 916-920 King Street, then proceeding north across King Street to the north curb line of King Street and the southwest corner of the lot of 929 King Street, then north along the west boundary of said property to the northwest corner of the lot associated with 136-138 South 10th Street, then east along said lot line to the northeast corner of the lot and the west curb line of S. 10th Street, then south along said curb line to the northeast corner of the lot associated with 929 King Street, then proceeding east across South 10th Street to the east curb line of South 10th and the northwest corner of the lot at 1003 King Street, then continuing east along the rear [north] lot line of said property to the east lot line of 1003 King, then continuing south to the north curb line of King Street, then proceeding south across King Street to the alley and the rear [east] lot line of 203 South 10th Street, then continuing south along the rear lot lines of 203, 209 and 221 South 10th Street to the northeast corner of the lot associated with 237 S. 10th Street, then east along the rear lot line of 1024 Cass Street to the northeast corner of said lot, then south along the east lot line of said property to the north curb line of Cass Street, then proceeding south across Cass Street to the south curb line of Cass Street and the northwest corner of the lot associated with 1024 Cass Street, then continuing east along the south curb line of Cass Street to the point of beginning at the southwest corner of the intersection of Cass and South 11th Streets.

(c)

Height regulations. In the Tenth and Cass Neighborhood Historic District, no building shall hereafter be erected or structurally altered to exceed 35 feet or 2½ stories in height, except as provided in section 115-390. In any request for a variance as provided in section 115-390, the Historic Preservation Commission shall consider that proportions of new construction should respect the average height and width of the majority of the buildings on the block face.

(d)

Regulation of construction, renovation, rehabilitation, relocation and demolition.

(1)

No owner or person in charge of a structure within the district shall renovate, rehabilitate, alter, move any building or demolish all or any part of the exterior of such property or construct any improvement unless a certificate of appropriateness or certificate of appropriateness for demolition has been granted. The Fire Department - Division of Fire Prevention and Building Safety shall not issue a permit for any such work unless a certificate of appropriateness or certificate for appropriateness for demolition has been granted. If work begins prior to obtaining the necessary permits, a stop work order may be issued by the Fire Department - Division of Fire Prevention and Building Safety.

(2)

Certificate of appropriateness.

a.

Prior to obtaining any building permit, an application for a certificate of appropriateness shall be filed with the Department of Planning and Development along with a fee in the amount established by resolution.

b.

The Department of Planning and Development shall have available upon request applications for certificates of appropriateness and a handout, approved by the HPC, identifying the information and documentation needed in order to complete the application. Applications shall include drawings, photographs, plans or other complete documentation to fully illustrate the property and the proposed work. The HPC shall determine the application requirements.

c.

Administrative review of minor work. The Director of Planning and Development may issue a certificate of appropriateness after review of a completed application if the project concerns minor work. Minor work includes the following and as further defined by the HPC in its handout: re-roofing with similar materials; repair or replacement of porches, windows, siding, trim and doors if new materials match existing; installation or removal of door and window openings in rear elevations; chimney reconstruction if completed with similar materials; exterior cleaning, refinishing and tuckpointing; construction of retaining walls, fences and landscaping; screening of parking lots and dumpsters; other work as designated minor by the HPC.

d.

HPC review of major work. Upon the filing of any application for major work, the HPC shall consider said application within 45 days of receipt of the completed application by the Department of Planning and Development. Major work includes the following and as further defined by the HPC in its handout: construction of garages or carriage houses; roof alterations and skylights; alterations to the front or side elevations visible from the public street; additions; alterations to windows, siding, entries, and trim; masonry finishing; construction of chimneys; erection of signs; site design; new construction; and relocation.

e.

In making its decision about issuing a certificate of appropriateness involving new construction, renovation or rehabilitation, the HPC shall consider the design review standards set forth in this subsection. Alterations to building interiors and the choice of exterior paint colors are not subject to design review.

f.

In making its decision about issuing a certificate of appropriateness for relocation, the HPC shall consider that the structure be of an age, architectural style and massing consistent with existing structures within the district.

g.

The HPC shall issue a certificate of appropriateness or deny the application within 45 days of the filing of the application, unless the time period is otherwise extended by written agreement between the HPC and the applicant.

h.

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits or approvals required by applicable Federal, State or local code.

(3)

Certificate of appropriateness for demolition.

a.

An application for a certificate of appropriateness for demolition shall be filed with the Department of Planning and Development. The Department of Planning and Development shall have available, upon request, applications for certificates of appropriateness for demolition and a handout, approved by the HPC, identifying the information and documentation needed in order to complete the application.

b.

The HPC shall issue a certificate of appropriateness for demolition or deny the application within 45 days of the filing of the application, unless the time period is otherwise extended by written agreement between the HPC and the applicant.

c.

In determining whether to issue a certificate of appropriateness for demolition, the HPC shall:

1.

Consider factors such as whether the structure is of historical significance, the state of repair of the building, and whether denial of a permit would create a significant economic hardship for the owner.

2.

Issue the certificate only if the owner can demonstrate that the building is structurally unsound and/or that denial of a demolition permit would create a significant economic hardship for the owner.

(4)

Nothing contained in this subsection shall prohibit the demolition or alteration of any structure within the district pursuant to order of any governmental agency or court, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. In such cases, no approval from the HPC shall be required.

(e)

Design review standards for renovation and rehabilitation. These standards specify appropriate maintenance, renovation, and repair of elements on properties within the district.

(1)

Masonry walls and foundations.

a.

Repair.

1.

When there is evidence of deterioration, masonry walls and other masonry features should be repaired by repointing of mortar joints.

2.

Brick, stone and mortar should be replaced with the materials used in original construction or materials that closely resemble the original.

3.

Repointing of mortar should match the original brick and mortar joint profile, including width and depth. Mortar should duplicate the original in color, texture and strength. Mortar mixtures should duplicate the original composition in lime, sand, and cement proportion.

4.

Repair stucco by duplicating the original material in strength, composition, color and texture.

5.

Artificial stone, brick veneer, or vinyl or aluminum products should not be applied over masonry surfaces.

6.

The term "color" in this section, refers to matching the existing or overall color, to the extent practicable.

b.

Cleaning.

1.

Clean masonry walls only if necessary to halt deterioration or remove heavy soiling.

2.

When cleaning is necessary, the gentlest cleaning method shall be used, as appropriate, such as low pressure water, mild detergents and soft brushes.

3.

Surface cleaning tests must be conducted to determine the most appropriate cleaning method. Adequate time must be allowed to observe the results of the test to determine the gentlest cleaning method.

4.

Sandblasting or abrasive cleaning is prohibited.

c.

Painting.

1.

Masonry should not be painted (or stuccoed) if it has not been painted historically.

2.

Paint should not be removed from historically painted masonry unless the removal is historically appropriate and the removal can be accomplished without damage to the masonry.

(i)

Remove damaged or deteriorated paint only to the next layer, using the gentlest method (such as handscraping) prior to repainting.

(2)

Wood siding and shingles.

a.

Repair.

1.

Wood siding should be maintained with paint or stain.

2.

Deteriorated wood siding should be replaced with new material resembling the original in width, thickness, profile and texture.

(i)

Siding should match the original pattern (usually horizontal placement) except where vertical or diagonal siding was used.

(ii)

Wood shingles or other material should not be used to replace horizontal wood siding.

(iii)

If replacement of wood siding is not feasible for financial or other reasons, the HPC may approve an alternative material.

b.

Exterior trim.

1.

Exterior features such as corner boards, frieze boards, drip caps or other features should be included in repairs and/or new siding.

2.

Decorative siding treatments, such as shingles in gable ends, should be retained in repairs and/or new siding. If replacement is necessary, new shingles should match the original in width, pattern, thickness, profile and texture.

c.

Vinyl, aluminum and manufactured siding.

1.

Vinyl, aluminum and other types of manufactured siding are not recommended for buildings in the district.

2.

If the HPC determines that the original siding is not salvageable, it may consider the following options:

(i)

Replacement of original siding with a modern cementitious product (such as "Hardiplank") that duplicates the original in width, pattern, thickness, profile and texture;

(ii)

Original exterior features such as corner boards, frieze boards, window surrounds or other trim should be retained as noted above; if replacement is necessary, features should be duplicated to match the original as closely as possible.

(iii)

If the original siding is already covered with substitute siding and renovation is needed, it is preferable to remove the substitute siding and repair the original siding and exterior trim features.

(iv)

If the original siding is already covered with substitute siding and only repairs are needed, retain the substitute siding and repair as necessary.

d.

Paint. Original wood siding and replacement hardboard siding should be maintained with paint or stain.

(3)

Roofs, chimneys and dormers.

a.

Roofing repair.

1.

When partial roofing repairs are necessary, replacement roofing should match the existing in composition, size, shape and texture.

2.

If the HPC determines that retention of the original roof is not feasible, new asphalt or fiberglass shingles may be used.

3.

Metal roofs are typical in La Crosse and may be approved by the HPC for appropriate properties.

4.

Rolled roofing should be used only on flat or slightly sloped roofs not visible from the street.

b.

Alterations to roof shape.

1.

The original roof type, slope and overhangs should be preserved.

2.

Alterations to the roof shape on the side and rear should be compatible with the architectural character of the building.

3.

The shape of dormers should not be altered unless compatible with the original design.

4.

Dormers or other features may be added to restore a building to its original appearance, based on evidence indicating such features.

5.

New dormers, roof decks, balconies or other additions should not be added on the front or sides visible from the street. These additions may be acceptable on the rear or sides of the buildings not readily visible from the street.

6.

Skylights should not be installed on the front roof plane or sides visible from the street. When used, they should be flat and as close to the roof plane as possible. "Bubble" skylights should not be used.

c.

Chimneys.

1.

Chimneys should be retained and repaired whenever possible.

2.

If chimneys require rebuilding, original details such as decorative panels and corbels should be replicated to match the original as closely as possible.

3.

When rebuilding, effort should be made to use salvaged brick that matches the original in color and texture. Mortar should be matched to the original in strength, color and joint tooling.

(4)

Entries and doors.

a.

Maintain and conserve.

1.

Features of historic entries, including doors, door surrounds and hardware are the focal point of the façade and should be maintained.

2.

Original features of the entry, such as hoods, columns, sidelights, fanlights and transoms should be retained.

3.

If replacement is necessary, historic trim details should be retained.

b.

Size and shape.

1.

The original size of the door opening should not be enlarged, reduced, or shortened in height to fit a new door.

c.

Doors.

1.

Historic doors should be repaired rather than replaced.

2.

If replacement of historic doors is necessary, replace with salvaged doors, or with a replacement door that is compatible with the material, design and hardware of the older door.

3.

Fiberglass doors and/or other alternatives that resemble wood doors, may be used if approved by the HPC.

4.

Steel replacement doors are not acceptable at front entrances; they should be used only at rear or side entrances that are not visible from the street.

5.

Historic door surrounds and trim should not be removed when replacement doors are installed.

6.

Windows in doors should be glass, rather than Plexiglass.

d.

New entries.

1.

New doors should not be added at locations where they did not originally exist. If required to meet safety codes, doors should be added at the rear or side of buildings where they are not readily visible from the street.

2.

Sliding glass doors or French doors should be added only at the rear or sides of buildings where they are not readily visible from the street.

e.

Storm and screen doors.

1.

Original storm and screen doors should be preserved and maintained when feasible.

2.

New doors should be compatible with the interior door in size and shape.

3.

New doors should preferably be constructed of wood; doors of aluminum with an anodized finish in colors complementary to the building may also be acceptable.

(5)

Windows.

a.

Maintain and conserve.

1.

Existing window openings should be retained. Window openings should not be filled in with wood, brick, or any other materials.

2.

Retain all decorative trim around windows, including lintels, pediments and hoods.

3.

If replacement of trim is necessary, maintain the appearance of the original material.

4.

New window openings should not be added on principal elevations.

5.

If new windows are required, wood windows are preferred. (If metal is chosen, it should have a baked enamel or other appropriate factory finish.)

6.

Sash should be replaced with the same size and number of panes as the original sash. New sash, if required, should match the original. Replacement of double-hung windows with single panes of glass or crank-out windows is not appropriate.

7.

The HPC may require samples/examples of replacement windows to determine whether an option is an appropriate replacement.

b.

Decorative glass.

1.

Decorative windows (stained, colored, or leaded glass) should be preserved in their original location, size and design with original materials and pattern.

2.

Decorative windows should be repaired rather than replaced.

3.

Decorative windows that are not original to a building should not be added to principal elevations.

c.

Storm, screen and security windows.

1.

Repair or replicate wood storm windows and screens when possible.

2.

If metal storm windows are required, they should have a baked enamel factory finish.

3.

Storm windows and screens should be sized to fit the window opening and should match the divisions of the historic sash (center divide at same location as sash).

4.

Security bars should not be used in windows on principal facades; historic trim or features should not be removed for security bars or other security features.

d.

Shutters.

1.

Shutters should not be installed on buildings where they were not originally used.

2.

Where appropriate, shutters should appear to be operable and mounted to the window casing.

3.

Shutters should be constructed of wood.

(6)

Porches and steps.

a.

Repair and replacement.

1.

Retain and conserve porches, steps and handrails that are original and/or appropriate to the dwelling.

2.

If partial replacement or rebuilding is necessary, reconstruct the porch using historical research to determine an appropriate design.

3.

Porches on the front of buildings should not be enclosed.

4.

Reopening of previously enclosed front porches is encouraged when appropriate to the original dwelling.

b.

Porch elements.

1.

Posts, columns and railings should be preserved and maintained.

2.

If partial replacement or rebuilding is necessary, use material to match the original in dimensions and detailing. Elaborate details on posts may be simplified, if necessary.

3.

Railings and balusters should be replaced or rebuilt in the original space, section and profile as the original.

4.

Replacement balusters on a porch railing should be appropriate for the dwelling's style and period.

5.

Metal posts and metal railings should not be used to replace wooden porch materials.

6.

Wood porch floors should be replaced with wood rather than concrete.

7.

Open sections of the porch foundation may be filled in with materials such as lattice panels that are appropriate for the age and style of the dwelling. Research should be conducted to identify appropriate materials.

c.

Steps and stairs.

1.

Steps and stairs should be retained in their original location and configuration.

2.

Wood and concrete steps should be repaired to match the original.

3.

If new steps are necessary, wood and concrete steps should have treads, risers and handrails to match the original.

4.

Concrete steps should not be used to replace wooden steps.

(7)

Decorative trim.

a.

Repair and replacement.

1.

New material used to repair or replace deteriorated trim should match the original as closely as possible.

2.

Deteriorated trim or features should be photographed or documented before being removed for repair or replacement so that the feature can be used as a pattern in selecting replacement materials.

3.

With HPC approval, elaborate trim may be replaced with simplified trim that matches the old in design and placement.

4.

New trim should be added only when there is clear evidence that such trim was original to the dwelling, or when there is documentation that similar trim was used on other dwellings of that style and age.

5.

Wood epoxy may be used to repair deteriorated or damaged trim if approved by the HPC.

(f)

Design review standards for new construction. These guidelines apply to additions to existing houses, including additions of porches or decks; (accessory buildings), including carriage houses; and a complete new structure.

(1)

General design considerations.

a.

New construction of primary buildings, such as dwellings, should reflect the historic and architectural character of the district in building scale, massing, proportions and materials. New construction should reflect its own era, however, and not attempt to be falsely "historic."

b.

Additions should reflect the building scale, massing, proportions and materials of the original building. Additions should be designed to blend with character of the original building.

c.

Accessory buildings should reflect the general style of the primary building but are not required to replicate the style in detail.

(2)

Building placement.

a.

Placement of new buildings and additions should reflect the placement of surrounding buildings on the block face.

b.

New construction shall meet the established front yard setback line, or fall within the range established for that block face.

c.

New construction shall conform to the established side yard setback pattern for that block face.

(3)

Building massing and proportions.

a.

Height and width. The proportions of new construction should respect the average height and width of the majority of buildings on the block face.

(4)

Building elements.

a.

Windows and doors.

1.

Most windows within the district have a vertical orientation, with proportions of 2 or 3 to 1 (height to width). The proportion, size, rhythm and detailing of windows and doors in new construction should be compatible with that of adjacent buildings, but need not exactly replicate them.

2.

Internal window divisions (mullions) should match the original building on walls facing the street. On nonstreet facades or rear walls, one-over-one wood sash may be substituted for more complex mullion patterns.

3.

Window openings should be recessed, to create a pattern of light and shadow.

(See "Renovation" standards on window material.)

b.

Roofs. Roofs of new buildings or additions should be compatible in pitch, shape and materials with the principal building or nearby buildings. No vents, skylights, or other openings should be located on the front roof plane or sides visible from the street.

c.

Decks. Unenclosed decks are incompatible with the character and historical period of the district. Decks shall be constructed only at the rear of buildings or where they are least conspicuous from the public way. Decks should not extend beyond the width of the building.

d.

Entries. Entries should be located on the facade facing the public way. Entries to new principal buildings should be articulated with a porch or portico similar in character to nearby buildings.

e.

Exterior details. Exterior details such as building trim or window and door hardware should be generally compatible with the style and materials of the original building, but need not replicate every detail of the original building.

(5)

Building materials. Building materials used in new construction should conform to those used on existing contributing buildings within the district: masonry, wood siding and wood shingles. However, if approved by the HPC, synthetic siding may be used on accessory buildings such as carriage houses to simulate horizontal lapsiding. Cementitious siding ("Hardiplank") is the most satisfactory in simulating wood siding.

(6)

Additions. Exterior additions to existing buildings can radically alter their appearance. Additions that are visible from a public street or sidewalk should be designed with scale, shape and materials that are consistent with those of the existing building. However, the addition should not be "disguised" as original: the use of the same wall plane, roof line or cornice height as the original building is not recommended.

a.

Additions on sides of buildings are discouraged, while additions at the rear of a building should not extend beyond the width of the building.

b.

The roof of an addition should be lower in height than the main roof of the existing building, but compatible in pitch, shape and materials.

c.

The foundation of an addition should match the material or appearance of the original foundation, and should also match the foundation sill height of the existing structure to present an unbroken line around the building's ground-level perimeter.

(7)

Accessory buildings. Accessory buildings include carriage houses, garages and other small buildings.

a.

Carriage houses. Carriage houses are among the character-defining features of the Tenth and Cass Neighborhood Historic District. Originally designed as small barns, they now generally function as garages, although their height allows for other uses such as home offices. As a unique type of accessory building, carriage houses in the City's older neighborhoods are subject to special provisions in this chapter, allowing greater height and building coverage. This chapter provides general design guidance for carriage houses: "The architecture of the accessory structure shall be historically compatible with the architecture of the primary structure appropriate to the period. The architecture of the accessory structure is not required to match the architecture of the primary structure so long as the architecture is appropriate to the period." The following standards apply to carriage houses and other accessory buildings as well.

1.

Placement on lot. Outbuildings shall be located in rear yards with vehicular access from the alley, in keeping with the established pattern.

2.

Wooden garage doors are recommended but not required. Metal doors, where used, should be simple in shape and without ornamentation.

3.

Windows should generally match the shape of windows on the principal building, but may be smaller in size, consistent with the scale of the building, and may employ simpler divisions (one-over-one wood sash, or windows with fixed, simulated muntins).

4.

Materials similar to those of the principal building are preferred. However, if approved by the HPC, synthetic cementitious siding (such as "Hardiplank") or vinyl siding may be used to simulate wood siding, with a profile and lap exposure similar to that of the principal building.

(g)

Site design. Most houses within the district, with or without porches, are set back a relatively even distance from the street. Front yards are typical of many residential neighborhoods: many have lawns extending to the sidewalk, while others have low ornamental fences or stone walls at the edge of the sidewalk. Some lawns slope upwards slightly from the street level. Many houses have foundation plantings, and mature shrubs are found within most yards. Boulevards with evenly spaced canopy trees are located between the sidewalk and the street. All these elements give a pedestrian scale to the street and create a transition between public and private spaces. Driveways are typically concrete and single-lane in width. Most driveways take access from alleys to detached carriage houses or garages or parking areas at the rear of each lot. There is currently only one off-street surface parking lot within the district; providing parking for an adjacent medical office outside the district. The "alleyscape" differs from the streetscape. Alleys bisect every block within the district, and provide access to most garage and parking areas, with the exception of outbuildings on a few corner lots. Most rear yards are separated from the alley by a fence or wall, usually higher than those in the front yard and by the wall of the carriage house or garage. Improvements or changes in site design should be consistent with the pattern described above.

(1)

Off-street parking shall be located to the rear of the principal building, in locations that are least visible from the street.

(2)

Surface parking areas visible from the street shall be fenced with ornamental iron or painted wooden fences or low stone walls. Fencing within front yards shall be no higher than four feet.

(3)

Wooden or ornamental iron fences are encouraged along rear lot lines abutting the alley.

(4)

Front yards may remain open to the street or may be fenced, if desired, with ornamental iron or painted wooden fences or low stone walls. Fencing shall be no higher than four feet, in order to allow visibility into front yards.

(5)

Air conditioners, heat pumps, and other outdoor equipment should be located where they are least visible from the street.

(6)

In planting strips along the street, canopy trees should be added to "fill in" locations where they are lacking.

(h)

Appeal. Applicants may appeal any HPC decision to the Common Council. An appeal shall be in writing specifying the grounds upon which the appeal is based and shall be filed with the City Clerk within 30 days of the date of the decision of the HPC that is being appealed.

(Code 1980, § 15.38(G); Ord. No. 4911, § I(attch.), 1-14-2016)

(a)

Purpose. Pursuant to Section 115-313 of this Code, the purpose of this subsection is to foster the City's Comprehensive Plan to identify the City's historic and architectural resources for designation and protection, to establish a coordinated preservation program and to provide tools to protect significant resources. Its purpose is also to preserve the integrity of the historic architectural features, guide public and private development, protect public and private investment, and establish consistent rules for all. The local district designation of the Downtown Commercial Historic District is created to encourage preservation of the historic resources of the district, which district was named to the National Register of Historic Places in 1994. This subsection will provide design standards and review procedures to guide preservation, rehabilitation, new construction, relocation and demolitions within the Downtown Commercial Historic District (District). Implementing these design standards are in conformance with the Downtown Commercial Heritage Preservation Plan for the district that was adopted by the Common Council in December of 2004. These standards shall apply to all construction located within the Downtown Commercial National Register Historic District. These standards shall apply to newly constructed buildings; all exterior/facade renovations or rehabilitations, including non-structural repairs; additions; building relocations; and demolitions. The property owner shall meet the requirements of this section and obtain Heritage Preservation Commission (HPC) approval as a condition of obtaining a building permit. These regulations shall not apply to building renovations using the Secretary of Interior's Standards for Rehabilitation. The standards contained in this section shall supersede all the City of La Crosse ordinances as they relate to commercial construction and development within the Downtown Commercial National Register Historic District, and if there is a conflict, this ordinance shall control, unless specifically stated.

(b)

Boundaries. The Downtown Commercial Historic District boundary is as follows (generally described as the area between State Street, 2 ^nd Street, Jay Street and the east side of 5 ^th Avenue):

Beginning at the northeast corner of Main Street and 2 ^nd Street South, continuing easterly along the south curb of Main Street to the southwest corner of Main Street and 3 ^rd Street South, continuing northerly on the east curb of 3 ^rd Street North to the northeast corner of 3 ^rd Street North and State Street, then continuing easterly along the south curb of State Street to the southwest corner of State Street and 4 ^th Street North, continuing southerly along the west curb of 4 ^th Street North to 115 4 ^th Street North, turning east across 4 ^th Street North, continuing easterly along the rear north lot lines of the 400 block of Main Street. Continue easterly across 5 ^th Avenue South, following the rear (north) lot lines of 507-511 Main Street. Then turning southwest, continue to the southside of Main Street, following the rear (east) lot lines of 512 Main Street and 111-123 5 ^th Avenue South. Continue south across Jay Street, to follow the rear (east) lot lines of 201-211 5 ^th Avenue South, then turn west along the south (side) lot line of 211 5 ^th Avenue South to the east side of 5 ^th Avenue South continuing northerly to the northeast corner of 5 ^th Avenue South and Jay Street. Turn west, following the north curb of Jay Street, continuing along the 400 block of Jay Street. Continue west across 4 ^th Street South to follow the north curb of the 300 block of Jay Street. At the northeast corner of Jay Street and 3 ^rd Street South continue northerly along the east curb of 3 ^rd Street South to the northeast corner of 3 ^rd Street South and Pearl Street, turning west on Pearl Street. Continue westerly along the north curb of the 200 block of Pearl Street to the northeast corner of Pearl Street and 2 ^nd Street South, turning north and continuing northerly along the east curb of the 100 block of 2nd Street South to the northeast corner of 2 ^nd Street South and Main Street which is the point of beginning.

(c)

Height regulations. In the Downtown Commercial Historic District, no building shall hereafter be erected or structurally altered to exceed 100 feet.

(d)

Regulation of construction, renovation, rehabilitation, relocation, and demolition.

(1)

No owner or person in charge of a structure within the District shall renovate, rehabilitate, modify, alter, move any building or construct any addition or new structure unless a Certificate of Appropriateness has been granted by the HPC. No owner or person in charge of a structure within the District may demolish any part of the exterior of such property unless a Certificate of Appropriateness for Demolition has been granted by the HPC. The Building and Inspections Department shall not issue a permit for any such work unless a Certificate of Appropriateness or Certificate for Appropriateness for Demolition has been granted. If work begins prior to obtaining the necessary permits, a Stop Work Order may be issued by the Fire Department - Division of Fire Protection and Building Safety.

(2)

Certificate of Appropriateness for Major/Minor Work.

a.

Prior to obtaining any building permit, an application for a Certificate of Appropriateness shall be filed with the Planning Department.

b.

The Planning Department shall have available upon request applications for Certificates of Appropriateness and application instructions identifying the information and documentation needed in order to complete the application. Applications shall include full color drawings, photographs, plans or other complete documentation to fully illustrate the property and the proposed work. The HPC shall determine the application requirements.

c.

Administrative review of minor work. The Preservation Planner may issue a Certificate of Appropriateness after review of a completed application if the project entails minor work. Minor work includes the following and as further defined by the HPC in its application instructions: re-roofing with similar materials; repair or replacement of porches, windows, siding, trim and doors if new materials match existing; installation or replacement of awnings; chimney reconstruction if completed with similar materials; exterior cleaning, except graffiti, refinishing and tuckpointing; construction of retaining walls, fences and landscaping; screening of parking lots and dumpsters or other work as designated minor by the HPC. Minor work may be performed without prior approval in emergency situations that occur due to vandalism or acts of nature. The property owner will be required to provide the Preservation Planner with documentation of the work performed. Minor work decisions made by the Preservation Planner may be appealed to the Heritage Preservation Commission.

d.

HPC review of major work. Upon the filing of a complete application for major work, the HPC shall issue a Certificate of Appropriateness or deny the application within 45 days of the filing of the application, unless the time period is otherwise extended by written agreement between the HPC and the applicant. Major work includes the following and as further defined by the HPC in its application instructions: construction of garages; roof alterations and skylights; alterations to any side or elevation of the building; additions; alterations to windows, siding, entries, and trim; masonry finishing; construction of chimneys; erection or replacement of signs; new construction; and relocation.

e.

In making its decision about issuing a Certificate of Appropriateness involving new construction, renovation or rehabilitation, the HPC shall consider the design review standards set forth in this subsection. Alterations to building interiors not subject to design review. The HPC shall consider that the structure be of an age, architectural style and massing consistent with existing structures within the District.

f.

The issuance of a Certificate of Appropriateness shall not relieve the applicant from obtaining other permits or approvals required by applicable federal, state or local code.

(3)

Certificate of Appropriateness for Demolition.

a.

An application for a Certificate of Appropriateness for Demolition shall be filed with the Planning Department. The Planning Department shall have available, upon request, applications for Certificates of Appropriateness for Demolition and application instructions, identifying the information and documentation needed in order to complete the application.

b.

The HPC shall issue a Certificate of Appropriateness for Demolition or deny the application within 45 days of the filing of a complete application, unless the time period is otherwise extended by written agreement between the HPC and the applicant.

c.

In determining whether to issue a Certificate of Appropriateness for Demolition, the HPC shall:

1.

Consider factors such as whether the structure is of historical significance, the state of repair of the building, or if the owner can demonstrate that the building is structurally unsound and/or that denial of a demolition permit would create a significant economic hardship for the owner, however, any hardship or difficulty claimed by the owner which is self-created or which is the result of inexcusable neglect to maintain the property in good repair shall not qualify as a basis for the issuance of a Certificate of Appropriateness for Demolition.

2.

Issue the certificate only if the owner can demonstrate that the building is structurally unsound and/or that denial of a demolition permit would create a significant economic hardship for the owner.

(4)

Nothing contained in this subsection shall prohibit the demolition or alteration of any structure within the District pursuant to an order of any governmental agency or Court, for the purpose of remedying emergency conditions determined to be dangerous to health or safety. In such cases, no approval from the HPC shall be required.

(e)

Design Review Standards for Renovation and Rehabilitation. These standards specify appropriate maintenance, renovation, and repair of elements on properties within the District and must be reviewed and approved by the Heritage Preservation Planner or the HPC.

(1)

Masonry walls and foundations. It is the intent of this section to have clay brick walls or stone masonry walls exposed whenever possible. Cinder block masonry walls or poured concrete walls may be covered with materials that blend in with the predominantly clay brick walls within the District upon approval by the Heritage Preservation Commission.

a.

Repair.

1.

When there is evidence of deterioration, masonry walls and other masonry features shall be repaired by repointing of mortar joints.

2.

Brick, stone and mortar shall be replaced with the materials used in original construction or materials that closely resemble the original.

3.

Repointing of mortar shall match the original brick and mortar joint profile, including width and depth. Mortar shall duplicate the original in color, texture and strength. If possible, mortar mixtures shall duplicate the original composition in lime, sand, and cement proportion.

4.

Repair stucco by duplicating the original material in strength, composition, color and texture. If possible, it is recommended that stucco be removed during renovation if it covers a masonry wall.

5.

Artificial stone, brick veneer, vinyl or aluminum products, timbers, plywood, stucco, or other similar materials shall not be applied over masonry surfaces unless it was to repair an existing material. An exception to permit materials that will be applied over masonry surfaces may be requested from the HPC for the purpose of creating a "mural". The HPC will review such materials and how they will be attached, connected, or adhered to the building in order to evaluate any impacts. Installation shall be reversible, that is, it should leave little to no trace on the building after it is removed. A "mural" is defined as any piece of artwork painted or applied directly on a wall, ceiling or other large permanent surface.

6.

"Color" in this section, refers to matching the existing or overall color, to the extent practicable.

b.

Cleaning.

1.

Clean masonry walls only if necessary to halt deterioration or remove heavy soiling.

2.

When cleaning is necessary, the gentlest cleaning method shall be used, as appropriate, such as low pressure water, mild detergents and soft brushes.

3.

Surface cleaning tests must be conducted to determine the most appropriate cleaning method. Adequate time must be allowed for the Preservation Planner to observe the results of the test to determine the gentlest cleaning method.

4.

Sandblasting or abrasive cleaning is prohibited.

c.

Painting.

1.

Masonry shall not be painted (or stuccoed) if it has not been painted previously. An exception may be requested from the HPC for the purpose of creating a "mural". HPC will review such proposals in order to evaluate any impacts. Any such proposals shall include a plan for removal of the paint that can be accomplished without damage to the masonry. A "mural" is defined as any piece of artwork painted or applied directly on a wall, ceiling or other large permanent surface.

2.

Paint shall not be removed from historically painted masonry unless the removal is historically appropriate and the removal can be accomplished without damage to the masonry.

3.

Remove damaged or deteriorated paint only to the next layer, using the gentlest method (such as handscraping) prior to repainting.

4

If repainting is required, select colors that are appropriate to the building and district.

(2)

Commercial building facades.

a.

Entries and storefronts.

1.

Historic entries and storefront display windows shall be retained.

2.

Existing entry openings shall be retained, where feasible. If additional entry openings are needed (i.e., for deliveries) they shall be placed at regular intervals and should be of similar proportions as the original entry.

3.

Original or historic features including columns, bulkheads, transoms, moldings and hardware shall be retained; trim should be replicated if replacement is necessary.

4.

Wood panel doors with large glass panels were typical of historic commercial storefronts in the district. To the extent possible, historic doors and hardware shall be repaired rather than replaced.

5.

If replacement of doors is necessary, replacement doors shall be compatible with the design, proportions and materials of the original door.

6

New doors shall be constructed of wood if possible; aluminum or other metal doors should be finished in colors complementary to the building.

b.

Windows.

1.

Original window openings shall be retained. Street facing facade window openings shall be filled in with a window consistent with the Secretary of the Interior's Standards for Rehabilitation. They shall not be filled in with wood, brick, or any other materials. Window openings on street viewable, side and rear facades may be filled in with any other permitted siding materials only if approved by the Heritage Preservation Commission.

2.

Retain all decorative trim around windows, including lintels, pediments and hoods. If replacement of trim is necessary, maintain the appearance of the original material.

3.

New window openings shall not be added on the primary façade without the approval of the HPC.

4.

If replacement windows are required, wood windows are preferred. (If metal is chosen, it should have a baked enamel or other appropriate factory finish) Metal-clad and/or vinyl-clad windows may be considered for upper level windows or rear façade windows, with the approval of the HPC.

5.

Sash shall be replaced with the same size and number of panes as the original sash. New sash, if required, shall match the original style and not the most recent. Replacement of double-hung windows with single panes of glass or crank-out windows is not permitted.

6.

The HPC may require samples or examples of replacement windows to determine whether a request other that the original or period type is an appropriate replacement.

c.

Roofs, cornices, and parapets.

1.

The historic roofline, including the cornice, parapet or other elements, shall be retained.

2.

If a cornice or parapet is missing, use historic photographs or examples from similar buildings to craft replacements from materials such as wood, masonry or sheet metal.

3.

Maintain historic masonry copings along the parapet. If copings must be replaced along common party walls, metal coping with an appropriate painted finish may be used.

4.

Modern roofing materials such as rolled rubber are appropriate for flat roofs where not visible from the street.

5

To the extent feasible, rooftop equipment that projects above the roofline shall be set back and not visible from the street level.

d.

Non-historic features.

1.

Inappropriate past additions to buildings shall be considered for removal. Elements such as siding, signs, wood filler in window openings, stucco, or exterior siding materials are some materials that shall be considered for removal in renovation.

(f)

Design Review Standards for New Construction. These guidelines apply to new buildings and additions to existing buildings.

(1)

Building placement.

a.

Most buildings within the district are built to the edge of the sidewalk, maintaining a continuous wall at the building line. New buildings and additions to existing buildings shall maintain the street wall, except where setbacks are used to emphasize entries or create outdoor seating areas.

b.

Buildings shall meet the established building facade line on the block where they are located for at least 75 percent of the length of their front façade.

c.

The remaining 25 percent of the façade may be set back up to ten feet to emphasize entries or create outdoor seating and gathering areas.

d.

At intersections, buildings shall "hold the corner" - that is, their facades should be located at or near the sidewalk line on both streets.

e.

Side setbacks shall only be used to create walkways or semi-public spaces such as restaurant patios.

f.

Driveways may only be placed in side yards where no alternative (such as alley access) exists.

(2)

Façade proportions.

a.

Buildings shall have a well-defined base, middle and top.

b.

The base, or ground floor, shall appear visually distinct from the upper stories, through the use of a change in building materials, window shape or size, an intermediate cornice line, an awning, arcade or portico, or similar techniques.

c.

The base or ground floor of the building shall include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation.

d.

Roofs shall be flat or gently sloped, consistent with traditional storefront commercial design.

e.

Building tops shall be articulated with detailed cornices or parapets.

f.

The composition of the façade shall be similar to that of surrounding facades. This includes:

1.

Proportions of openings.

2.

Relation of width to height. Larger buildings shall be broken into a number of smaller bays, to maintain a rhythm similar to the surrounding buildings.

3.

Floor to ceiling ratios.

g.

Side walls.

1.

Party wall construction is typical within the District. Therefore, relatively few buildings have visible side walls. Where side walls are visible, window openings shall be consistent in their proportions with those on the front facade.

(3)

Building height.

a.

New buildings shall continue the traditional patterns of two or more stories in height.

b.

Maximum height should be based on the pattern established by surrounding buildings on the block face.

(4)

Building materials.

a.

Building materials shall be consistent with the predominant materials in use in the District.

b.

Painting of brick buildings is discouraged and shall not be used on new construction. Brick additions may be painted if the existing building is already painted. The paint color of the addition shall match the paint color of the existing building.

c.

The following materials are appropriate on front or primary façades (those facing the street):

1.

Clay brick

2.

Natural stone

3.

Cast stone

4.

Concrete and stucco may be appropriate for some buildings, if approved by the HPC.

d.

Decorative elements on building facades shall be of materials appropriate to the building style and similar to materials used on existing historic buildings, including metal, wood, stone, polished stone, tile, or glass block.

e.

Additional materials may be appropriate on side or rear facades that are less visible from the street, where permitted by the HPC. Materials that may be considered include:

1.

Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character.

2.

"Jumbo brick" units shall only be used on the lower third of the building wall.

3.

Split-faced brick or block is not acceptable for downtown buildings.

4.

"Novabrick" may be acceptable in some uses.

(5)

Windows and doors. Most windows within the District have a vertical orientation, with proportions of two or three to one (height to width); some windows are even narrower (four to one proportions).

a.

The proportion, size, rhythm and detailing of windows and doors in new construction shall be compatible with that of adjacent buildings. Window and door openings shall comprise at least 30 percent of the area of the ground floor of the primary street façade.

b.

Windows shall be designed with punched and recessed openings, in order to create a strong rhythm of light and shadow in keeping with traditional architecture.

c.

Mirrored glass or glass block shall not be used on street-facing facades. Glass on windows and doors shall be clear or slightly tinted, allowing views into and out of the interior.

d.

Internal window divisions shall be consistent with those of surrounding traditional buildings, or with established styles within the District. Replacement windows consisting of one undivided pane of glass are not appropriate unless approved by the HPC.

e.

Buildings with modern curtain walls of windows are not appropriate in the District unless approved by the HPC.

(6)

Accessory buildings.

a.

Design of accessory buildings should be simple and unobtrusive. Materials similar to those of the principal building are encouraged, but lower cost materials may also be appropriate as determined by the HPC. Materials that may be considered include textured precast concrete units, "Novabrick".

(7)

Franchise architecture.

a.

Franchise architecture (building design that is trademarked or identified with a particular chain or corporation)is generally discouraged unless it employs a traditional storefront commercial style. Franchises or national chains shall follow the "New Construction" guidelines to create context-sensitive buildings.

(8)

Screening of rooftop equipment.

a.

To the extent feasible, rooftop equipment shall be screened from view from adjacent streets and public rights-of-way.

b.

Rooftop equipment should be screened by the building parapet, or should be located out of view from the ground.

c.

If rooftop equipment cannot be screened or out of view, the equipment shall be grouped within a single enclosure. This structure shall be set back a distance of 1½ times its height from any primary façade fronting a public street. Screens shall be of durable, permanent materials (not including wood) that are compatible with the primary building materials.

(9)

Awnings.

a.

When used, awnings shall be installed without damaging the building or visually impairing distinctive architectural features.

b.

Canvas or fabric awnings shall be used, rather than wood or metal. Vinyl awnings are prohibited unless approved by the HPC.

c.

Awnings shall be flat rather than curved in profile unless approved by the HPC.

d.

Internally illuminated awnings are prohibited.

e.

Exterior mechanical equipment such as ductwork shall not be located on primary building facades.

(g)

Site design and miscellaneous provisions. Site design occurs within the boundaries of a parcel, between the building and the street or alley that borders it. On many downtown blocks, buildings only have rear yards - their front facades meet the sidewalk and they share party walls with the building on either side. In other locations, a side yard is used for parking, or the side walls of buildings abut an alley entrance or walkway.

(1)

Rear facades and entrances. Rear entrances, typically from alleys, are often overlooked and neglected. As alleys are improved into attractive pedestrian and service corridors, rear entrances should also be improved, both to improve customer access from parking areas and increase pedestrian circulation throughout the downtown district.

a.

Rear façades shall be well maintained and welcoming in appearance.

b.

Landscaping and small wall signs identifying businesses are encouraged.

c.

A well-defined and lighted rear entrance is strongly encouraged when there is rear parking.

d.

If a rear entrance is provided, an awning is also encouraged.

1.

Rear façade materials may be more modest than those used on front facades (see above under "materials") but shall be maintained in good repair.

2.

Temporary repairs such as the use of plywood or metal to cover windows or openings must be reviewed by the HPC, who may require use of alternative materials. Temporary repairs are defined as repairs that may be in place for a time period of not more than six months.

3.

If no entrance is provided, a small identification sign with the name of the business is encouraged to help guide customers, clients and visitors to the street entrance.

(2)

Walkways.

a.

Walkways connecting rear parking areas or alleys with streets and sidewalks are strongly encouraged where space permits.

b.

Both public or private walkways shall be paved with materials consistent with the streetscape materials on the adjacent street.

c.

Walkways shall be adequately lighted for public safety and visibility with lighting consistent to the historic nature of the Downtown.

(3)

Parking. Most off-street parking within the Downtown Historic District occurs within public parking lots or structures or in small parking areas in rear yards, accessed by alleys. A few parking lots are located in side yards abutting the sidewalk, and a few recent one-story buildings have parking between the building and the street.

a.

If provided, off-street parking shall be located to the side or rear of buildings, and not between buildings and the street.

b.

Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year-round basis while providing adequate visibility for pedestrians.

(4)

Trash enclosures and service areas. Most alleys in the Historic District are too narrow to permit screening of service areas or dumpsters. Where space permits, enclosures are required, using walls or fencing of similar design and materials to the principal building. Consolidation of trash storage to create common screened areas is strongly encouraged.

(5)

Landscaping and lighting. Landscaping and lighting on private properties shall complement the public streetscape improvements already in place within the Historic District.

(6)

Signs. In historic commercial buildings, signs were typically mounted above storefronts flush with the façade, or projected perpendicularly from the façade. Signs were also placed in windows and appeared on awnings. All of these sign types are appropriate if designed with suitable materials and dimensions. Signs shall be placed where they would have historically been placed, and shall not cover significant architectural features or ornamentation.

a.

Sign installation shall be reversible - that is, it should leave no trace on the building after the sign is removed.

b.

Sign colors shall be compatible with those of the building; a limited palette of no more than four colors should be used.

c.

Traditional materials (wood and metal) are appropriate, while plastic is not. Neon signs may be used with the approval of the HPC. Other composite material may be approved by the Heritage Preservation Commission.

d.

Modern back-lit fluorescent signs, animated signs, awnings, or electronic billboards and signs with changeable letters are prohibited.

e.

Small free-standing or wall-mounted signs may be used to identify rear entrances or parking areas.

f.

Wayfinding, directional, or upcoming event signs that maintain the historic character of the Downtown may be approved by the Heritage Preservation Commission.

g.

All proposed signs must receive a sign permit from the Fire Department - Division of Fire Protection and Building Safety in accordance with section 111-36 of the Municipal Code.

(h)

Appeal. Applicants may appeal any HPC decision to the Common Council. An appeal shall be in writing specifying the grounds upon which the appeal is based and shall be filed with the City Clerk within 30 days of the date of the decision of the HPC that is being appealed.

(Ord. No. 4857, § I, 1-8-2015; Ord. No. 4989, § I, 4-13-2017)

Editor's note— The provisions of § 115-320 shall take effect and be in force as of April 1, 2015.

This division shall be known as the Floodplain Zoning Ordinance for the City of La Crosse, Wisconsin.

(Ord. No. 5338, § I, 6-12-2025)

Unless specifically defined, words and phrases in this division shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The term "may" is permissive; "shall" is mandatory and is not discretionary.

A-zones means those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A-zones. The A-zones may or may not be reflective flood profiles, depending on the availability of data for a given area.

AH zone. See "Area of Shallow Flooding".

AO zone. See "Area of Shallow Flooding".

Accessory structure or use means a facility, structure, building or use which is accessory or incidental to the principal use of the property, structure or building. An accessory structure shall not be used for human habitation.

Alteration means an enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.

Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as a part of FIS and depicted on a FIRM.

Base flood elevation means an elevation equal to that which reflects the height of the base flood as defined in this section.

Basement means any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.

Building. See "Structure."

Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the DNR pursuant to Wis. Stat. § 30.11 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 division.

Campground means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

Camping unit means any portable device, no more than 400 square feet in area, used as a temporary shelter, including, but not limited to, a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.

Certificate of compliance means a certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this division.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

City means the City of La Crosse, a municipal body authorized to enact, administer and enforce this chapter. See also "Municipality."

Crawlways or crawl space means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

Deck means an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.

Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of the percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

DNR means the Wisconsin Department of Natural Resources.

Dryland 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 rescue and relief vehicles.

Encroachment means any fill, structure, equipment, building, use or development in the floodway.

Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:

(a)

The overflow or rise of inland waters;

(b)

The rapid accumulation or runoff of surface waters from any source;

(c)

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of the Mississippi River; or

(d)

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.

Flood frequency means the probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

Flood Hazard Boundary Map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.

Flood Insurance Rate Map (FIRM) means a map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

Flood Insurance Study means 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 base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

Flood profile means 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.

Flood protection elevation means an elevation two feet of freeboard above the the Regional Floodplain Elevation. See also Freeboard.

Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

Floodfringe means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.

Floodplain means land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.

Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

Floodplain management means policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

Freeboard means a safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.

Habitable structure means any structure or portion thereof used or designated for human habitation.

Hearing notice means publication or posting meeting the requirements of Wis. Stat. ch. 985. For appeals, a Class 1 notice, published at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, one each week consecutively, the last at least a week (seven days) before the hearing.

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.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is either:

(a)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Historic District or a district preliminarily determined by the Secretary to qualify as a registered Historic District;

(c)

Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program, as determined by the Secretary of the Interior, or by the Secretary of the Interior in states without approved programs.

Increase in regional flood height means a calculated upward rise in the regional flood elevation, greater than 0.00 feet, based on a comparison of existing conditions and proposed conditions which are 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 means any nonstructural use made of unimproved or improved real estate. (See also: Development.)

Lowest adjacent grade means the elevation of the lowest ground surface that touches any of the exterior walls of a building.

Lowest floor means the lowest floor of the lowest enclosed area (including basement).

Maintenance means the act or process of restoring to original soundness, including redecorating, refinishing, non-structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.

Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."

Mobile/manufactured home park or subdivision means a parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.

Mobile/manufactured home park or subdivision, existing means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of the ordinance from which this section is derived. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.

Mobile/manufactured home park, expansion to existing means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.

Mobile recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."

Model, corrected effective means a hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.

Model, duplicate effective means a copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.

Model, effective means the hydraulic engineering model that was used to produce the current effective Flood Insurance Study.

Model, existing (pre-project) means a modification of the Duplicate Effective Model or Corrected Effective Model to reflect any manmade modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.

Model, revised (post-project) means a modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.

Municipality or municipal means the City governmental units enacting, administering and enforcing this division.

NAVD or North American Vertical Datum means elevations referenced to mean sea level datum, 1988 adjustment.

NGVD or National Geodetic Vertical Datum means elevations referenced to mean sea level datum, 1929 adjustment.

New construction means structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by the City and includes any subsequent improvements to such structures.

Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this division for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use; however, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)

Nonconforming use means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this division for the area of the floodplain which it occupies (such as a residence in the floodway).

Non-flood disaster means a fire, ice storm, tornado, wind storm, mudslide, or other destructive act of nature, excluding a flood.

Obstruction to flow means any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.

Official Floodplain Zoning Map means that map, adopted and made part of this division, as described in section 115-253, which has been approved by the DNR and FEMA.

Open space use means those uses having a relatively low flood damage potential and not involving structures.

Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Person means an individual, or group of individuals, corporation, partnership, association, municipality or State agency.

Private sewage system means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

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.

Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the floodplain that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the Regional Flood Elevation (RFE) is equivalent to the BFE.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.

Subdivision means has the meaning given in Wis. Stat. § 236.02(12).

Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Unnecessary hardship means where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this division.

Utilities means any public or private water supply or waste collection and/or disposal system, including but not limited to: septic systems, private and public wells, and their attendant facilities, and public sewage collection systems.

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 (not uses) contained in this division.

Violation means the failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

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.

Watershed means the entire region contributing runoff or surface water to a watercourse or body of water.

Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

(Ord. No. 5338, § I, 6-12-2025)

This division is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 62.23.

(Ord. No. 5338, § I, 6-12-2025)

Uncontrolled development and use of the floodplains and rivers of the City would impair the public health, safety, convenience, general welfare and tax base.

(Ord. No. 5338, § I, 6-12-2025)

This division is intended to regulate floodplain development to:

(a)

Protect life, health and property;

(b)

Minimize expenditures of public funds for flood control projects;

(c)

Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

(d)

Minimize business interruptions and other economic disruptions;

(e)

Minimize damage to public facilities in the floodplain;

(f)

Minimize the occurrence of future flood blight areas in the floodplain;

(g)

Discourage the victimization of unwary land and homebuyers;

(h)

Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

(i)

Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(Ord. No. 5338, § I, 6-12-2025)

Any violation of the provisions of this division by any person shall be unlawful and shall be referred to the City Attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the City a penalty of not less than $20.00 nor more than $50.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the City, the State, or any citizen thereof pursuant to Wis. Stat. § 87.30.

(Ord. No. 5338, § I, 6-12-2025)

This division regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, AE, on the Flood Insurance Rate Map. Additional areas identified on maps approved by the DNR and the City may also be regulated under the provisions of this division, where applicable.

(Ord. No. 5338, § I, 6-12-2025)

(a)

No structure or use within areas regulated by this division shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.

(b)

Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with section 115-212.

(c)

Floodplain development permits issued on the basis of plans and applications approved by the Fire Department - Division of Fire Prevention and Building Safety authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Fire Department - Division of Fire Prevention and Building Safety. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with section 115-212.

(Ord. No. 5338, § I, 6-12-2025)

Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this division and obtain all necessary permits. State agencies are required to comply if Wis. Stat. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of State highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stat. § 30.2022 applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under Wis. Stat. § 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20-foot span at the same location, the project is exempt from a DNR permit under Wis. Stat. § 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site

(Ord. No. 5338, § I, 6-12-2025)

(a)

This division supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stat. § 62.23 or 87.30, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(b)

This division is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this division imposes greater restrictions, the provisions of this division shall prevail.

(Ord. No. 5338, § I, 6-12-2025)

In their interpretation and application, the provisions of this division are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this division required by Wis. Admin. Code ch. NR 116 is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of the ordinance from which this division is derived or in effect on the date of the most recent text amendment of this division.

(Ord. No. 5338, § I, 6-12-2025)

The flood protection standards in this division are based on engineering experience and research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This division does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this division create liability on the part of, or a cause of action against, the City or any officer or employee thereof for any flood damage that may result from reliance on this chapter.

(Ord. No. 5338, § I, 6-12-2025)

Should any portion of this division be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this division shall not be affected.

(Ord. No. 5338, § I, 6-12-2025)

The La Crosse County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the City for all annexed areas until the City adopts and enforces an ordinance which meets the requirements of Wis. Admin. Code ch. NR 116 and 44 CFR 59-72, the National Flood Insurance Program (NFIP). These annexed lands are described on the City'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 Fire Department - Division of Fire Prevention and Building Safety. All plats or maps of annexation shall show the regional flood elevation and the floodway location. Definite district boundaries and regulations for such annexed territory shall be adopted by the Common Council within 90 days from the date of annexation to the City. No building permits shall be issued during the period of time when temporary zoning is provided with the annexation in accordance with Wis. Stat. § 66.0217(8), unless such temporary zoning is the same as that provided at the time of filing the petition.

(Ord. No. 5338, § I, 6-12-2025)

(a)

Areas to be regulated. This division regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the DNR and local community may also be regulated under the provisions of this division, where applicable.

(b)

Official Maps and Revisions. Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (a) below. Additional flood hazard areas subject to regulation under this division are identified on maps based on studies approved by the DNR and listed in subd. (b) below. These maps and revisions are on file in the office of the Fire Department - Division of Fire Prevention and Building Safety, City Engineer's Office, at the La Crosse Public Library, at http://www.cityoflacrosse.org and at http://www.fema.gov. If more than one map or revision is referenced, the most restrictive information shall apply.

(1)

Official Maps. Based on the Flood Insurance Study (FIS):

a.

Flood Insurance Rate Map (FIRM) panel numbers 55063C0253D, 55063C0254D, 55063C0256D, 55063C0258D, 55063C0261D, 55063C0262D, 55063C0263D, 55063C264D, 55063C0268D, 55063C0352D, and 55063C0356D dated January 6, 2012.

b.

Flood Insurance Study (FIS) for the City of La Crosse, La Crosse County, 55063CV001B and 55063CV002B, dated January 6, 2012.

c.

Letter of Map Revision: 1. Case Number 21-05-4567X-555562, effective 03/02/2022. Approved by: The DNR and FEMA

(2)

Official Maps. Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.

a.

"Ebner Coulee Flood Storage Districts" Map, panel number 55063C0262D, dated October 22, 2020, approved by the DNR.

b.

Flood Storage Maps "Ebner Coulee 1 of 2" and "Ebner Coulee 2 of 2," dated February 2001, approved by the DNR.

(Ord. No. 5338, § I, 6-12-2025)

(a)

The flood hazard areas regulated by this division are divided into districts as follows:

(1)

The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to Section 115-282(d).

(2)

The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to Section 115-282(d), within A Zones shown on the FIRM.

(3)

The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.

(4)

The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.

(5)

The Shallow Depth Flood Plain Overlay District (SDFP) shall mean those areas where the maximum depth of flooding does not exceed one foot in depth nor six hours in duration during the regional flood.

(6)

The Pammel Creek Flood Fringe Zoning Overlay District (PCFP) consists of an area adjacent to the Pammel Creek Flood Control Project.

(Ord. No. 5338, § I, 6-12-2025)

(a)

Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subsections (1) or (2) of this section. If a significant difference exists, the map shall be amended according to section 115-285. The Fire Department - Division of Fire Prevention and Building Safety may rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Fire Department - Division of Fire Prevention and Building Safety shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the Fire Department - Division of Fire Prevention and Building Safety and an applicant over the district boundary line shall be settled according to section 115-284(c)(4) and the criteria in (1) and (2) below. Where flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 115-285.

(1)

If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

(2)

Where flood profiles do not exist for projects, including any boundary of zone A or AO, the location of the boundary shall be determined by the map scale.

(Ord. No. 5338, § I, 6-12-2025)

(a)

Compliance with the provisions of this division shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to section 115-285.

(b)

The delineation of any of the Floodplain Districts may be revised by the community where natural or manmade changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the DNR and FEMA. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all the following criteria are met:

(1)

The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;

(2)

The fill must be contiguous to land outside the floodplain;

(3)

Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F.

(c)

Removal of lands from the floodplain may also occur by operation of Wis. Stat. § 87.30(1)(e) if a property owner has obtained a letter of map amendment from FEMA under 44 CFR 70.

(Ord. No. 5338, § I, 6-12-2025)

(a)

The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.

(1)

If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:

a.

Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

Be constructed with flood resistant materials;

c.

Be constructed to minimize flood damages; and

d.

Mechanical and utility equipment must be elevated to or above the flood protection elevation.

(2)

If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:

a.

Such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;

b.

Public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

c.

Adequate drainage is provided to reduce exposure to flood hazards.

All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this division and all other requirements in section 115-284(a).

(Ord. No. 5338, § I, 6-12-2025)

(a)

No floodplain development shall:

(1)

Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

(2)

Cause any increase in the regional flood height due to floodplain storage area lost.

(b)

The Fire Department - Division of Fire Prevention and Building Safety shall deny permits if it is determined that the proposed development will obstruct flow or cause any increase in the regional flood heights, based on the officially adopted FIRM, or other adopted map, unless the provisions of section 115-285 are met.

(Ord. No. 5338, § I, 6-12-2025)

No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the DNR and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of section 115-276 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, and pursuant to section 115-285, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

(Ord. No. 5338, § I, 6-12-2025)

Development which requires a permit from the DNR, under Wis. Stat. chs. 30 and 31, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to section 115- 285.

(Ord. No. 5338, § I, 6-12-2025)

(a)

Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

(1)

The campground is approved by the Department of Health Services;

(2)

A land use permit for the campground is issued by the Fire Department - Division of Fire Prevention and Building Safety;

(3)

The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants;

(4)

There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the Fire Department - Division of Fire Prevention and Building Safety, the City emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used, the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;

(5)

This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated by the officials identified in subsection (4) of this section to remain in compliance with all applicable regulations, including those of the State Department of Health Services and all other applicable regulations;

(6)

All mobile recreational vehicles placed on site must meet one of the following:

a.

Be fully licensed, if required, and ready for highway use; or

b.

Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or

c.

Meet the requirements in either sections 115-280, 115-281, or 115-282(a) for the floodplain district in which the campground is located.

A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

(7)

All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with subsection (6) and shall ensure compliance with all the provisions of this section;

(8)

The City shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;

(9)

The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued.

(10)

All service facilities, including, but not limited to, refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

(11)

Standards for structures in a campground:

a.

All structures must comply with the applicable requirements in sections 115-280, 115-281, or 115-282(a) for the floodplain district in which the structure is located.

b.

Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with subsection (4). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

c.

Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards.

d.

Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with subsection (4).

e.

Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with subsection (4).

(12)

A land use permit shall be obtained as provided under section 115-284(a)(2) before any development; repair, modification, or additional to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.

(Ord. No. 5338, § I, 6-12-2025)

(a)

Applicability. This section applies to all floodway areas on the floodplain zoning maps identified pursuant to section 115-282(a)(4).

(b)

Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited by any other ordinance; they meet the standards in subsections (3) and (4) of this section; and all permits or certificates have been issued according to section 115-284(a):

(1)

Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

(2)

Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

(3)

Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of subsection (c)(4).

(4)

Uses or structures accessory to open space uses, or classified as historic structures that comply with subsections (c) and (d) of this section.

(5)

Extraction of sand, gravel or other materials that comply with subsection (c)(4).

(6)

Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stat. chs. 30 and 31.

(7)

Public utilities, streets and bridges that comply with subsection (c)(3).

(8)

Portable latrines that are removed prior to flooding and systems associated with recreational areas and DNR-approved campgrounds that meet the applicable provisions of local ordinances and Wis. Admin. Code ch. SPS 383.

(9)

Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and Wis. Admin. Code chs. NR 811 and NR 812.

(10)

Wastewater treatment ponds or facilities permitted under Wis. Adm. Code. § NR 110.15(3)(b).

(11)

Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.

(c)

Standards for developments in the floodway.

(1)

General.

a.

Any development in the floodway shall comply with section 115-275 and have a low flood damage potential.

b.

Applicants shall provide an analysis calculating the effects of this proposal on regional flood height to determine the effects of the proposal according to sections 115-276 and 115-284(a)(2)c. The analysis must be completed by an engineer registered in the State of Wisconsin.

c.

Any encroachment in the regulatory floodway is prohibited unless the data submitted for subsection b. above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in section 115-256.

(2)

Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

a.

Not designed for human habitation, does not have a high flood damage potential, and is constructed to minimize flood damage;

b.

Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:

1.

Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;

2.

Have structural components capable of meeting all provisions of subsection (c)(2)g of this section and;

3.

Be certified by a registered professional engineer or architect, through the use of a FEMA Floodproofing Certificate, that the design and methods of construction are in accordance with subsection (c)(2)g of this section.

c.

Must be anchored to resist flotation, collapse and lateral movement;

d.

Mechanical and utility equipment must be elevated to or above the flood protection elevation; and

e.

Must not obstruct the flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.

f.

For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant must submit a plan that meets subsections (c)(2)a through (c)(2)e of this section and meets or exceeds the following standards:

1.

The lowest floor must be elevated to or above the regional flood elevation;

2.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

3.

The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open; and

4.

The use must be limited to parking, building access or limited storage.

g.

Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:

1.

Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;

2.

Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in subsections (c)(4) and (c)(5) of this section;

3.

Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;

4.

Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and

5.

Placement of utilities to or above the flood protection elevation.

(3)

Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:

a.

Adequate floodproofing measures are provided to the flood protection elevation; and

b.

Construction meets the development standards of section 115-276.

(4)

Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

a.

The requirements of section 115-276 are met;

b.

No material is deposited in navigable waters unless a permit is issued by the DNR pursuant to Wis. Stat. ch. 30 and a permit pursuant to section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 USC 1344 has been issued, if applicable, and the other requirements of this section are met;

c.

The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulk heading; and

d.

The fill is not classified as a solid or hazardous material.

(d)

Prohibited uses. All uses not listed as permitted uses in subsection (b) of this section are prohibited, including the following uses:

(1)

Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

(2)

Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

(3)

Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

(4)

Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and DNR-approved campgrounds that meet the applicable provisions of local ordinances and Wis. Admin. Code ch. SPS 383;

(5)

Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Wis. Admin. Code chs. NR 811 and 812;

(6)

Any solid or hazardous waste disposal sites;

(7)

Any wastewater treatment ponds or facilities, except those permitted under Wis. Admin. Code § NR 110.15(3)(b); and

(8)

Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

(Ord. No. 5338, § I, 6-12-2025)

(a)

Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to section 115-282(a)(5).

(b)

Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in subsection (c) of this section are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in section 115-284(a) have been issued.

(c)

Standards for development in the floodfringe.Section 115-275 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of section 115-283, nonconforming uses;

(1)

Residential uses. Any structure, including a manufactured home, which is to be newly constructed, or moved into the floodfringe shall meet or exceed the following standards.

a.

All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet section 115-256.

b.

Notwithstanding subsection (c)(1)a of this section, a basement or crawlway floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;

c.

Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in subsection (c)(1)d of this section.

d.

In developments where existing street or sewer line elevations make compliance with subsection (c)(1)c of this section impractical, the City may permit new development and substantial improvements where roads are below the regional flood elevation, if:

1.

The City has written assurance from police, fire, and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

2.

The City has a DNR approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.

(2)

Accessory structures or uses. In addition to section 115-275, new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

(3)

Commercial uses. In addition to section 115-275, any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of subsection (c)(1) of this section. Subject to the requirements of subsection (c)(5) of this section, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(4)

Manufacturing and industrial uses. In addition to section 115-275, any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in section 115-284(e). Subject to the requirements of subsection (c)(5) of this section, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(5)

Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or floodproofed in compliance with section 115-284(e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

(6)

Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans and:

a.

When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with section 115-284(e);

b.

Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

(7)

Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system pursuant to section 115-284(e)(3), to the flood protection elevation and meet the provisions of all local ordinances and Wis. Admin. Code ch. SPS 383.

(8)

Wells. All wells shall be designed to minimize or eliminate infiltration of flood water into the system pursuant to section 115-284(e)(3) to the flood protection elevation and shall meet the provisions of Wis. Admin. Code NR chs. 811 and 812.

(9)

Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

(10)

Deposition of materials. Any deposited material must meet all the provisions of this division.

(11)

Manufactured homes.

a.

Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

b.

In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

1.

Have the lowest floor elevated to the flood protection elevation; and

2.

Be anchored so they do not float, collapse or move laterally during a flood.

c.

Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in subsection (c)(1) of this section.

(12)

Mobile recreational vehicles. All mobile recreational vehicles must be on site for less than 180 consecutive days and be either:

a.

Fully licensed and ready for highway use; or

b.

Shall meet the elevation and anchoring requirements in subsections (c)(11)b and c of this section.

A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

(Ord. No. 5338, § I, 6-12-2025)

(a)

General Floodplain District (GFP):

(1)

Applicability. The provisions for this district shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delimitated on the Flood Insurance Rate Maps identified in section 115-253(a).

(2)

Floodway Boundaries. For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in section 115-253(a), the boundaries of the regulatory floodway shall be determined pursuant to subsection (5) of this section. If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of section 115-280. If the development is located entirely within the floodfringe, the development is subject to the standards of section 115-281.

(3)

Permitted uses. Pursuant to subsection (5) of this section, it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (section 115-280(b)) and Floodfringe (section (115-281(b)) Districts are allowed within the General Floodplain District, according to the standards of subsection (4) of this section, provided that all permits or certificates under section 115-284(a) have been issued.

(4)

Standards for development in the GFP.Section 115-280 applies to floodway areas, determined pursuant subsection (5) of this section, section 115-281 applies to floodfringe areas, determined pursuant to section (5) of this section.

a.

New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:

1.

To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or

2.

If the depth is not specified on the FIRM, two (2) feet above the highest adjacent natural grade or higher.

b.

New construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.

c.

In AO/AH zones, provide adequate drainage paths to guide flood waters around structures.

d.

All development in zones AO and zone AH shall meet the requirements of section 115-281 applicable to floodfringe areas.

(5)

Determining floodway and floodfringe limits. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delimitated on the Flood Insurance Rate Maps, the Fire Department - Division of Fire Prevention and Building shall:

a.

Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures; and the flood zone as shown on the FIRM.

b.

Require the applicant to furnish any of the following information deemed necessary by the DNR to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:

1.

A Hydrologic and Hydraulic Study as specified in section 115-284(a)(2)(c).

2.

Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.

3.

Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

(b)

Flood Storage District. The Flood Storage District delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.

(1)

Applicability. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the Official Floodplain Zoning Maps.

(2)

Permitted uses. Any use or development which occurs in a flood storage district must meet the applicable requirements in section 115-281(c).

(3)

Standards for development in Flood Storage Districts.

a.

Development in a flood storage district shall not cause an increase equal to or greater than 0.00 of a foot in the height of the regional flood.

b.

No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage.

c.

If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as Flood Storage District on this waterway is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per section 115-285.

d.

No area may be removed from the Flood Storage District unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain.

(c)

Shallow Depth Flood Plain Zoning Overlay District (SDFP). The SDFP shall mean those areas where the maximum depth of flooding does not exceed one foot in depth nor six hours in duration during the regional flood. Therefore, the applicable provisions of sections 115-281(c)(1) and (c)(2) shall apply.

(d)

The Pammel Creek Flood Fringe Zoning Overlay District (PCFP). The PCFP is subject to provisions of AE zoning under section 115-284 and Wis. Admin. Code § NR 116.17(2), and any amendments thereto including the following:

(1)

An approved emergency action plan shall be in effect for the area behind the levee or floodwall.

(2)

The City shall provide notification to all persons receiving construction permits in the district levee or floodwall that they are in an area protected by the levee or floodwall which is subject to flooding if the levee or floodwall is overtopped.

(Ord. No. 5338, § I, 6-12-2025)

(a)

General.

(1)

Applicability.

a.

The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with Wis. Stat. § 87.30, and Wis. Adm. Code. §§ NR 116.12-14, and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.

b.

As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.

(2)

The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this division may continue subject to the following conditions:

a.

No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this division. The terms "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.

The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

b.

If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this division.

c.

The City shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.

d.

No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceeds 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 115-281(c)(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this paragraph.

e.

No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 115-281(c)(1). Maintenance to any nonconforming structure, which does not exceed 50 percent of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.

f.

If on a per event basis the total value of the work being done under (d) and (e) equals or exceeds 50 percent of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 115-281(c)(1).

g.

Except as provided in subsection h of this section, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current division requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equal or exceeds 50 percent of the structure's present equalized assessed value.

h.

For nonconforming buildings that are substantially damaged or destroyed by a non-flood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum code requirements below are met and all required permits have been granted prior to the start of construction.

1.

Residential structures.

i.

Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of section 115-284(e)(2).

ii.

Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.

iii.

Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

iv.

In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.

v.

In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 115-282(a)(4).

vi.

In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

2.

Nonresidential structures.

i.

Shall meet the requirements of subsection (i) of this section.

ii.

Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in section 115-284(e)(1) or (2).

iii.

In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 115-282(a)(4).

(3)

A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with section 115-280(a)(1), flood resistant materials are used, and construction practices and floodproofing methods that comply with section 115-284 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of subsection (2)h(i) of this section. If it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.

(b)

Floodway district.

(1)

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway district, unless such modification or addition:

a.

Has been granted a permit or variance which meets all division requirements;

b.

Meets the requirements of subsection (a);

c.

Shall not increase the obstruction to flood flows or regional flood height;

d.

Any addition to the existing structure shall be floodproofed, pursuant to section 115-284(e), by means other than the use of fill, to the flood protection elevation; and

e.

If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

1.

The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

2.

The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

3.

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

4.

The use must be limited to parking, building access or limited storage.

(2)

No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all City ordinances and Wis. Admin. Code ch. SPS 383.

(3)

No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all City ordinances and Wis. Admin. Code chs. NR 811 and 812.

(c)

Floodfringe district.

(1)

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the City, and meets the requirements of section 115-281(c) and 115-284(e) except where subsection (c)(2) of this section is applicable.

(2)

Where compliance with the provisions of subsection (a) of this section 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 115-284(c) may grant a variance from those provisions of subsection (c)(1) of this section for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

a.

No floor is allowed below the regional flood elevation for residential or commercial structures;

b.

Human lives are not endangered;

c.

Public facilities, such as water or sewer, shall not be installed;

d.

Flood depths shall not exceed two feet;

e.

Flood velocities shall not exceed two feet per second; and

f.

The structure shall not be used for storage of materials as described in section 115-281(c)(5).

(3)

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 Wis. Admin. Code ch. SPS 383.

(4)

All new wells, or additions to, replacement, repair or maintenance of a well shall meet the applicable provisions of this division and Wis. Admin. Code chs. NR 811 and 812.

(d)

Flood storage district. No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in section 115-282(a)3 are met.

(e)

Shallow depth floodplain areas. The applicable provisions of subsection (c) of this section shall apply.

(Ord. No. 5338, § I, 6-12-2025)

(a)

Zoning administrator.

(1)

The Fire Department - Division of Fire Prevention and Building Safety is authorized to administer this division and shall have the following duties and powers:

a.

Advise applicants of the division provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

b.

Issue permits and inspect properties for compliance with provisions of this division, and issue certificates of compliance where appropriate.

c.

Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.

d.

Keep records of all official actions such as:

1.

All permits issued, inspections made, and work approved;

2.

Documentation of certified lowest floor and regional flood elevations for floodplain development;

3.

Floodproofing Certificates;

4.

Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances, and amendments;

5.

All substantial damage assessment reports for floodplain structures; and

6.

List of nonconforming structures and uses.

e.

Submit copies of the following items to the DNR regional office:

1.

Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;

2.

Copies of case-by-case analyses, and other required; and

3.

Copies of substantial damage assessments performed and all related correspondence concerning the assessments.

f.

Investigate, prepare reports, and report violations of this division to the Fire Department - Division of Fire Prevention and Building Safety and City Attorney's office for prosecution. Copies of the reports shall also be sent to the DNR regional office.

g.

Submit copies of text and map amendments and biennial reports to the FEMA regional office.

(2)

Land use permit. A land use permit shall be obtained before any new development, repair, modification or addition to an existing structure, or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Fire Department - Division of Fire Prevention and Building Safety shall include:

a.

General information.

1.

Name and address of the applicant, property owner and contractor;

2.

Legal description, proposed use, and whether it is new construction or a modification.

b.

Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

1.

Location, dimensions, area and elevation of the lot;

2.

Location of the ordinary high-water mark of any abutting navigable waterways;

3.

Location of any structures with distances measured from the lot lines and street center lines;

4.

Location of any existing or proposed on-site sewage systems or private water supply systems;

5.

Location and elevation of existing or future access roads;

6.

Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

7.

The elevation of the lowest floor of proposed buildings and any fill using vertical datum from the adopted study-either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);

8.

Data sufficient to determine the regional elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of sections 115-280 or 281 are met; and

9.

Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to section 115-276. This may include any of the information noted in section 115-280(c)(1).

c.

Hydraulic and Hydrologic studies to analyze development. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the DNR.

1.

Zone A floodplains and in AE zones within which a floodway is not delineated:

i.

Hydrology.

(a)

The appropriate method shall be based on the standards in Wis. Admin. Code ch. NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.

ii.

Hydraulic modeling. The regional flood elevation shall be based on the standards in Wis. Admin. Code. ch. NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

(a)

Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.

(b)

Channel sections must be surveyed.

(c)

Minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.

(d)

A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.

(e)

The most current version of HEC-RAS shall be used.

(f)

A survey of bridge and culvert openings and the top of road is required at each structure.

(g)

Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.

(h)

Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.

(i)

The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.

iii.

Mapping. A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.

(a)

If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.

(b)

If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.

2.

Zone AE Floodplains.

i.

Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on Wis. Admin. Code ch. NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.

ii.

Hydraulic model. The regional flood elevation shall be based on the standards in Wis. Admin. Code ch. NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

(a)

Duplicate Effective Model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.

(b)

Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for DNR review.

(c)

Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model.

(d)

Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.

(e)

All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.

(f)

Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.

iii.

Mapping. Maps and associated engineering data shall be submitted to the DNR for review which meet the following conditions:

(a)

Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.

(b)

Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.

(c)

Annotated FIRM panel showing the revised one percent and two tenths percent annual chance floodplains and floodway boundaries.

(d)

If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.

(e)

The revised floodplain boundaries shall tie into the effective floodplain boundaries.

(f)

All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.

(g)

Both the current and proposed floodways shall be shown on the map.

(h)

The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.

iv.

Expiration. All permits issued under the authority of this division shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.

(3)

Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the Fire Department - Division of Fire Prevention and Building Safety, except where no permit is required, subject to the following provisions:

a.

The certificate of compliance shall show that the building or premises, or part thereof, and the proposed use, conform to the provisions of this division;

b.

Application for such certificate shall be concurrent with the application for a permit;

c.

If all division provisions are met, the certificate of compliance shall be issued within ten days after written notification that the permitted work is completed;

d.

The applicant shall submit a certification signed by a registered professional engineer, architect, or 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 architect that the requirements of subsection (e) of this section are met.

e.

Where applicable pursuant to section 115-282(a)(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.

f.

Where applicable pursuant to section 115-282(a)(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by section 115-282(a)(4).

(4)

Other permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including, but not limited to, those required by the U.S. Army Corps of Engineers under section 404 of the Federal Water Pollution Control Act, Amendments of 1972, and 33 USC 1344.

(b)

Zoning agency.

(1)

The Fire Department - Division of Fire Prevention and Building Safety and City Floodplain Manager shall:

a.

Oversee the functions of the office of the Zoning Administrator; and

b.

Review and advise the City on all proposed amendments to this division, maps and text.

(2)

The Fire Department - Division of Fire Prevention and Building Safety and City Floodplain Manager shall not:

a.

Grant variances to the terms of this division in place of action taken by the Board of Appeals; or

b.

Amend the text or zoning maps in place of official action taken by the City.

(c)

Board of Appeals. A Board of Appeals is hereby established in accordance with article II, division 2 of this chapter.

(1)

Organization.

a.

The Board shall organize and adopt rules of procedure for its own government in accordance with this chapter and Wis. Stat. § 62.23(7)(e).

b.

Meetings shall be held at the call of the Chair and at such other times as the Board may determine and shall be open to the public.

c.

The Chair, or in his/her absence, the acting Chair, may administer oaths to and compel the attendance of witnesses.

d.

Minutes of the proceedings and a record of all actions shall be kept by the Secretary, showing the vote of each member upon each question, the reasons for the Board's determination, and its findings of facts.

1.

The records shall be immediately filed in the office of the Secretary and shall be a public record.

2.

A copy of any decision granting a variance from floodplain regulations within any floodplain area shall be mailed to the DNR.

e.

A concurring vote of four members of the Board shall be necessary to:

1.

Correct any error;

2.

Grant a variance;

3.

Make an interpretation; and

4.

Permit a utility, temporary, classified, or substitute use.

f.

A representative from the Fire Department - Division of Fire Prevention and Building Safety shall attend all meetings for the purpose of providing technical assistance to the Board.

(2)

Powers and duties. The Board of Appeals shall hear:

a.

Appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this division.

b.

Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.

c.

Variances. Hear and decide, upon appeal, variances from the standards in this division.

(3)

Appeals to the Board.

a.

Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the City affected by any decision of the Fire Department - Division of Fire Prevention and Building Safety or other administrative officer. Such appeal shall be taken within 30 days unless otherwise within the time provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.

b.

Notice and hearing for appeals including variances.

1.

Notice. The Board shall:

i.

Fix a reasonable time for the hearing;

ii.

Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing;

iii.

Ensure that the notice shall be mailed to the parties in interest and the DNR regional office at least ten days in advance of the hearing.

2.

Hearing. Any party may appear in person or by agent. The Board shall:

i.

Resolve boundary disputes according to subsection (c)(4) of this section.

ii.

Decide variance applications according to subsection (c)(5) of this section.

iii.

Decide appeals of permit denials according to subsection (d) of this section.

c.

Decision. The final decision regarding the appeal or variance application shall:

1.

Be made within a reasonable time;

2.

Be sent to the DNR regional office within ten days of the decision;

3.

Be a written determination signed by the chair and/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 variance application;

6.

Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.

i.

The Board may request assistance from other City officers, departments, commissions, and boards.

(4)

Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:

a.

If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.

b.

The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board.

c.

If the boundary is incorrectly mapped, the Board shall inform the Fire Department - Division of Fire Prevention and Building Safety or the person contesting the boundary location to petition the City for a map amendment according to section 115-285.

(5)

Variance.

a.

The Board may, upon appeal, grant a variance from the standards of this division if an applicant convincingly demonstrates that:

1.

Literal enforcement of this division will cause unnecessary hardship;

2.

The hardship is due to adoption of this division and unique property conditions, not common to adjacent lots or premises. In such cases, the division or map must be amended;

3.

The variance is not contrary to the public interest; and

4.

The variance is consistent with the purpose of this division in section 115-211.

b.

In addition to the criteria in subsection (a), to qualify for a variance under FEMA regulations, the following criteria must be met:

1.

The variance shall not cause any increase in the regional flood elevation;

2.

The applicant has shown good and sufficient cause for issuance of the variance;

3.

Failure to grant the variance would result in exceptional hardship;

4.

Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public; or conflict with existing local laws or ordinances;

5.

The variance granted is the minimum relief necessary, considering the flood hazard, to afford relief.

c.

A variance shall not:

1.

Grant, extend or increase any use prohibited in the zoning district.

2.

Be granted for a hardship based solely on an economic gain or loss.

3.

Be granted for a hardship which is self-created.

4.

Damage the rights or property values of other persons in the area.

5.

Allow actions without the amendments to this division or map(s) required in section 115-285.

6.

Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

d.

When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.

(d)

To review appeals of permit denials.

(1)

The Fire Department - Division of Fire Prevention and Building Safety or Board shall review all data related to the appeal. This may include:

a.

Permit application data listed in subsection (a)(2) of this section;

b.

Floodway/floodfringe determination in section 115-282(a)(5);

c.

Data listed in section 115-280(c)(1)b where the applicant has not submitted this information to the Fire Department - Division of Fire Prevention and Building Safety; and

d.

Other data submitted with the application, or submitted to the Board with the appeal.

e.

Fee receipt from the Director of Finance/Treasurer in the amount of established by resolution.

(2)

For appeals of all denied permits, the Board shall:

a.

Follow the procedures set forth in subsection (c) of this section;

b.

Consider the Fire Department - Division of Fire Prevention and Building Safety recommendations; and

c.

Either uphold the denial or grant the appeal.

(3)

For appeals concerning increases in regional flood elevation, the Board shall:

a.

Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of section 115-285; and

b.

Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.

(e)

Floodproofing standards.

(1)

No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in sections 115-275, 280, 281, or 282(a).

(2)

For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

a.

Certified by a registered professional engineer or architect; or

b.

Meets or exceeds the following standards:

1.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

The bottom of all openings shall be no higher than one foot above grade; and

3.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(3)

Floodproofing measures shall be designed, as appropriate, to:

a.

Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

b.

Protect structures to the flood protection elevation;

c.

Anchor structures to foundations to resist flotation and lateral movement;

d.

Minimize or eliminate infiltration of floodwaters;

e.

Minimize or eliminate discharge into flood waters;

f.

Placement of essential utilities to or above the flood protection elevation; and

g.

If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

1.

The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

2.

The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

3.

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

4.

The use must be limited to parking, building access or limited storage.

(f)

Public information.

(1)

Place marks on structures to show the depth of inundation during the regional flood.

(2)

All maps, engineering data and regulations shall be available and widely distributed.

(3)

Real estate transfers should show what floodplain zoning district any real property is in.

(Ord. No. 5338, § I, 6-12-2025)

Obstructions or increases may only be permitted if amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 115-285(a).

(1)

In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with subsection (a) of this section. Any such alterations must be reviewed and approved by FEMA and the DNR.

(2)

In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this section, the official floodplain maps, floodway lines, and water surface profiles, in accordance with subsection (a) of this section.

(a)

General. The Common Council may change or supplement the floodplain zoning district boundaries and this division in the manner outlined in subsection (b) of this section. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:

1.

Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;

2.

Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;

3.

Any changes to any other officially adopted floodplain maps listed in section 115-253(b);

4.

Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.

5.

Correction of discrepancies between the water surface profiles and floodplain maps;

6.

Any upgrade to a floodplain zoning ordinance text required by Wis. Admin. Code § NR 116.05, or otherwise required by law, or for changes by the City.

7.

All channel relocations and changes to the maps to alter the floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

(b)

Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stat. § 62.23. The petitions shall include all data required by sections 115-282(a)(5) and 115-284(a)(2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.

1.

The proposed amendment shall be referred to the City Clerk for a public hearing and recommendation to the Common Council. The amendment and notice of public hearing shall be submitted to the DNR Regional Office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stat. § 62.23.

2.

No amendments shall become effective until reviewed and approved by the DNR.

3.

All persons petitioning for a map amendment that obstructs flow, causing any increase in the regional flood height shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify all local units of government before the amendment can be approved by the Common Council.

(Ord. No. 5338, § I, 6-12-2025)