Lake Mills City Zoning Code
ARTICLE VII
Natural Resource Protection Regulations
§ 660-127 Purpose.
The purpose of this article is to set the requirements for the mandatory protection of natural resources and permanently protected green space areas with the City of Lake Mills. The districts will limit allowed development in order to protect resource and open space areas — or resource-based uses such as farming, forestry, and recreation — from incompatible development and to avoid potential hazards to the public and to individual property owners, such as in designated flood hazard or water supply source protection areas. The provisions of this article are designed to ensure the implementation of the City of Lake Mills Comprehensive Plan and Wis. Stats. §§ 62.231 and 87.30.
§ 660-128 Wellhead Protection Overlay (WPO) District.
A.
Authority. These regulations are established pursuant to the authority granted by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety and welfare.[1] Areas appropriate for protection in the WPO are established in the Well Head Protection Plan for City of Lake Mills, Wisconsin, dated October 1998, and the Well Head Protection Plan for the City of Lake Mills, dated November 2007, hereinafter the "plans," or if referred to separately, "1998 Plan" and "2007 Plan." Both plans were prepared by Strand Associates, Inc. The plans are hereby incorporated herein by this reference, and a copy of the 1998 Plan and the 2007 Plan are on file in the office of the City Clerk.
[1]
Editor's Note: See § 62.23(7)(c), Wis. Stats.
B.
Applicability.
(1)
Zone 1. The regulations specified in this section shall apply to lands within those portions of the five-year time of travel (TOT) of Well No. 6 shown on the 1998 Plan, Protection Area Map (see Appendix E, Figure 2 of WHP), and to lands within the minimum separation distances from potential sources of contamination described in § NR 811.12(5)(d) of the Wisconsin Department of Natural Resources (WDNR) Code, which areas also lie within the City of Lake Mills corporate limits.
(2)
Zone 2. The regulations specified in this section shall apply to lands within those portions of the five-year TOT of Well No. 4 shown on the 2007 Plan, Protection Area Map (see Appendix E, Figure 2 of WHP), and to lands within the minimum separation distances from potential sources of contamination described in § NR 811.12(5)(d) of the Department of Natural Resources Code, which areas also lie within the City of Lake Mills corporate limits.
(3)
Zone 3. The regulations specified in this section shall apply to lands within those portions of the five-year TOT of Well No. 5 shown on the 2007 Plan, Protection Area Map (see Appendix E, Figure 2 of WHP), and to lands within the minimum separation distances from potential sources of contamination described in § NR 811.12(5)(d) of the Department of Natural Resources Code, which areas also lie within the City of Lake Mills corporate limits.
(4)
The City's Wellhead Protection Map shows the Zones of Influence of lands where these regulations apply at each of the wells, No. 4, No. 5, and No. 6.
C.
Wellhead protection areas (WPAs).
(1)
Intent. The area to be protected is the Lake Mills WPA (as determined by the plans) contained within the City boundary limits.
(a)
These areas are designated on the Map that is attached, as well as the Map within the plans. These lands are subject to land use and development restrictions because of their close proximity to the TOT and the corresponding high threat of contamination.
(b)
Minimum separation distances from potential sources of contamination as defined in the DNR Code § NR 811.12(5)(d), latest version, shall also be maintained when these separation distances exceed the dimensions of the wellhead protection area illustrated on the Map.
(2)
Permitted uses. The following are the only permitted uses within the WPA.
(a)
Any existing use, even though listed on prohibited uses, below, located within such areas to the extent that use currently exists, subject to the requirements for existing prohibited uses, Subsection C(3) below.
(b)
Those uses permitted under Lake Mills Zoning Code consistent with the Zoning Map, as amended by action of the Lake Mills City Council and which are not prohibited under Subsection C(3) below.
(3)
Prohibited uses. The following uses, if created after the adoption of the WHP Ordinance, as adopted in 1998 or as amended in 2008, are prohibited uses within the wellhead protection areas designated on the Map. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination. Uses not listed are not considered permitted uses.
(a)
Underground storage tanks of any size.
(b)
Septage and/or sludge spreading.
(c)
Animal waste landspreading.
(d)
Animal waste facilities.
(e)
Animal confinement facilities.
(f)
Gas stations.
(g)
Vehicle repair establishments, including auto body repair.
(h)
Printing and duplicating businesses.
(i)
Bus or truck terminals.
(j)
Repair shops.
(k)
Landfills or waste disposal facilities.
(l)
Wastewater treatment facilities.
(m)
Spray wastewater facilities.
(n)
Junkyards or auto salvage yards.
(o)
Bulk fertilizer and/or pesticide facilities.
(p)
Asphalt products manufacturing.
(q)
Dry-cleaning businesses.
(r)
Salt storage.
(s)
Electroplating facilities.
(t)
Exterminating businesses.
(u)
Paint and coating manufacturing.
(v)
Hazardous and/or toxic materials storage.
(w)
Hazardous and/or toxic waste facilities.
(x)
Radioactive waste facilities.
(y)
Recycling facilities.
(z)
Cemeteries.
(4)
Where any of the uses listed in Subsection C(3) above exist within the WPA on the effective date of this article when adopted in 1998 or when amended in 2008, owners of these facilities will be allowed to upgrade such uses to facilitate or enhance groundwater protection. The Plan Commission and Public Works Board must approve plans for the proposed upgrade and the appropriate permit issued by the City Building Inspector/Zoning Administrator's office prior to any work being initiated.
(5)
Requirements for existing prohibited uses, Subsection C(3) above.
(a)
Such uses shall provide copies of all federal, state and local facility operation approvals or certificate to the City Zoning Administrator and ongoing environmental monitoring results to the City Director of Public Works.
(b)
Such uses shall provide additional environmental or safety structures/monitoring as deemed necessary by the City, which may include but are not limited to stormwater runoff management and monitoring.
(c)
Such uses shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(d)
Such uses shall have the responsibility of devising and filing with the City a contingency plan satisfactory to the City Zoning Administrator for the immediate notification of City officials in case of an emergency.
D.
Enforcement.
(1)
In the event the individual and/or facility engaging in permitted use(s) under this article causes the release of any contaminants which endanger the WPA, the activity causing said release shall immediately cease and a cleanup satisfactory to the City shall occur.
(2)
The individual/facility causing the release of contaminants shall be responsible for all costs of cleanup. The costs of cleanup shall include, but not be limited to, City consultant fees, at the invoice amount plus administrative costs for oversight, review and documentation.
(3)
Following any such discharge, the City may require additional test monitoring and/or bonds/sureties as it deems necessary and reasonable.
(4)
Penalties for noncompliance shall be provided pursuant to applicable sections of the code and Wisconsin Statutes.
§ 660-129 Shoreland-Wetland Overlay (SWO) District.
A.
Statutory authorization. This section is adopted pursuant to the authorization in Wis. Stats. §§ 62.23 and 62.231 for cities and §§ 87.30 and 281.31, Wis. Stats.
B.
Finding of fact and purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
(1)
Promote the public health, safety, convenience and general welfare;
(2)
Maintain the storm and flood water storage capacity of wetlands;
(3)
Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4)
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
(5)
Prohibit certain uses detrimental to the shoreland-wetland area; and
(6)
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earthmoving activities.
C.
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. (However, see Subsection L of this section for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.
D.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when § 30.2022, Wis. Stats., applies.
E.
Abrogation and greater restrictions.
(1)
This section supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23 or 87.30, Wis. Stats., which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this section, that section shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2)
This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
F.
Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this section is required by a standard in Chapter NR 117, Wis. Adm. Code, and where the section provision is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
G.
Severability. Should any portion of this section be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this section shall not be affected.
H.
Annexed areas. The Jefferson County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the municipality for all areas annexed by the municipality after May 7, 1982, unless any of the changes allowed under Wis. Stats. § 59.692, as amended by 1993 Wis. Act 329, occur. These annexed lands are described on the municipality's Official Zoning Map. The Jefferson County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator.
I.
Shoreland-Wetland Zoning District.
(1)
Shoreland-Wetland Zoning Maps. The following maps are hereby adopted and made part of this section and are on file in the office of the City Clerk.
(a)
Wisconsin Wetland Inventory maps stamped "FINAL" on May 13, 1994.
(b)
Floodplain Zoning Maps titled FIRM Flood Insurance Rate Map, Community Panel #550195 0005 C, and dated July 2, 1987.
(c)
Zoning Maps titled "City of Lake Mills Zoning" and dated August 31, 1993.
(d)
United States Geological Survey Map titled "Lake Mills Quadrangle Photoinspected 1976."
(2)
District boundaries.
(a)
The Shoreland-Wetland Zoning District includes all wetlands in the City which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this section and which are.
[1]
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the City shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this section.
[2]
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this section. Floodplain Zoning Maps adopted in Subsection I(1) shall be used to determine the extent of floodplain areas.
(b)
Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark.
(c)
When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the Official Zoning Maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department to determine if the Shoreland-Wetland District boundary, as mapped, is in error. If Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsection I(2)(d) and (e), the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(d)
Filled wetlands. Wetlands which are filled prior to May 13, 1994, the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this section.
(e)
Wetlands landward of a bulkhead line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982, under § 30.11, Wis. Stats., are not subject to this section.
J.
Permitted uses. The following uses are permitted subject to the provisions of Chapters 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable.
(1)
Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs.
(a)
Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;
(b)
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
(c)
The practice of silviculture, including the planting, thinning and harvesting of timber;
(d)
The pasturing of livestock;
(e)
The cultivation of agricultural crops; and
(f)
The construction and maintenance of duck blinds.
(2)
Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below.
(a)
The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
(b)
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(c)
The maintenance or repair of existing drainage systems to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
(d)
The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(e)
The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(f)
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in § 660-198D of this chapter; and
(g)
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
(3)
Uses which are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided below.
(a)
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under Subsection J of this section, provided that:
[1]
The road cannot, as a practical matter, be located outside the wetland;
[2]
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 660-198D of this chapter;
[3]
The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
[4]
Road construction activities are carried out in the immediate area of the roadbed only; and
[5]
Any wetland alteration must be necessary for the construction or maintenance of the road.
(b)
The construction and maintenance of nonresidential buildings, provided that:
[1]
The building is used solely in conjunction with a use permitted in the Shoreland-Wetland District or for the raising of waterfowl;
[2]
The building cannot, as a practical matter, be located outside the wetland;
[3]
The building does not exceed 500 square feet in floor area; and
[4]
Only limited filling and excavating necessary to provide structural support for the building is allowed.
(c)
The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
[1]
Any private development allowed under this subsection shall be used exclusively for the permitted purpose;
[2]
Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
[3]
The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in Subsection J(3)(a) of this section; and
[4]
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(d)
The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines, provided that:
[1]
The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
[2]
Only limited filling or excavating necessary for such construction or maintenance is allowed; and
[3]
Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in § 660-198D of this chapter.
K.
Prohibited uses.
(1)
Any use not listed in Subsection J of this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with § 660-198 of this chapter.
(2)
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.
L.
Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of the section, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
(1)
The shoreland-wetland provisions of this section authorized by § 62.231, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982, related to such a structure. All other modifications to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats., which limits total lifetime structural repairs and alterations to 50% of current fair market value.
(2)
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this section.
(3)
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this section adopted under § 62.231, Wis. Stats., may be continued although such use does not conform with the provisions of this section. However, such nonconforming use may not be extended.
(4)
The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.
(5)
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
(6)
Restoration of certain nonconforming structures in the Shoreland-Wetland District. Restrictions applicable to damaged or destroyed nonconforming structures in this section shall not apply if the nonconforming structure is restored to the size, location and use that it had immediately before the damage or destruction occurred, provided both of the following apply:
(a)
The nonconforming structure was damaged or destroyed on or after the effective date of this subsection;
(b)
The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
(7)
The size of such nonconforming structure to which Subsection L(6) applies may be enlarged if such enlargement is made necessary for the structure to comply with applicable state and federal requirements.
§ 660-130 Floodplain Overlay (FPO) District.
A.
General provisions.
(1)
Statutory authorization. This section is adopted pursuant to the authorization in § 62.23, Wis Stats.; and the requirements in § 87.30, Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
(3)
Areas to be regulated. This section regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.
(4)
Official Maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see § 660-199, Floodplain zoning administration and procedures) before it is effective. No changes to RFE's on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the City Clerk, 200 Water Street, Lake Mills, Wisconsin. If more than one map or revision is referenced, the most restrictive information shall apply.
(a)
Official Maps:
[1]
Based on the FIS: 55055CV001B and 55025CV002B.
[2]
Flood Insurance Rate Map (FIRM), panel numbers 55055C0156F, 55055C0157F, 55055C0158F, 55055C0159F, 55055C0167F, and 55055C0170F, dated 2-4-2015; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 2-4-2015, volume number 55055CV001B and 55055CV002B;
[3]
Approved by: the DNR and FEMA.
(b)
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.
[1]
One-Hundred-Year Dam Failure Floodplain Map, Dam Failure Analysis: Lake Mills Dam, dated December 2013, prepared by Mead & Hunt. Dam nonexistent (no dam) condition. Approved by: The DNR on January 7, 2014.
[2]
Jefferson County Flood Storage District Map, Panel 2 of 13, dated 2-4-2015; Approved by: The DNR.
(5)
Establishment of districts. The regional floodplain areas are divided into four districts, as follows:
(a)
The Floodway Overlay District (FWO) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.
(b)
The Flood-Fringe Overlay District (FFO) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.
(c)
The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM.
(d)
The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.
(6)
Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection A(6)(a) or (b) below. If a significant difference exists, the map shall be amended according to § 660-199D. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 660-130A(4) and the criteria in Subsection A(6)(a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to § 660-199, Floodplain zoning administration and procedures.
(a)
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
(b)
Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection, and any information provided by the Department.
Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 660-130A(4). |
(7)
Removal of lands from floodplain. Compliance with the provisions of this section 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 § 660-199, Floodplain zoning administration and procedures.
Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC).
(8)
Compliance. Any development or use within the areas regulated by this section shall be in compliance with the terms of this section, and other applicable local, state, and federal regulations.
(9)
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Wis. Stats., applies.
(10)
Abrogation and greater restrictions.
(a)
This section supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23, Wis. Stats.; or § 87.30, Stats., which relate to floodplains. If another ordinance is more restrictive than this section, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this section imposes greater restrictions, the provisions of this section shall prevail.
(11)
Interpretation. In their interpretation and application, the provisions of this section 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 section, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
(12)
Warning and disclaimer of liability. The flood protection standards in this section are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This section does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this section create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this section.
(13)
Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
(14)
Annexed areas for cities and villages. The Jefferson County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's Official Zoning Map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
(15)
General development standards. The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.
Subdivisions shall be reviewed for compliance with the above standards. 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 section and all other requirements in § 660-199B. Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
B.
General standards applicable to all floodplain districts.
(1)
Hydraulic and hydrologic analyses.
(a)
No floodplain development shall:
[1]
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or
[2]
Cause any increase in the regional flood height due to floodplain storage area lost.
(b)
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of § 660-199, Floodplain zoning administration and procedures, are met.
(2)
Watercourse alterations.
(a)
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Zoning Administrator has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of § 660-199B(2) must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to § 660-199, Floodplain zoning administration and procedures, 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.
(3)
Chapters 30, 31, Wis. Stats., Development. Development which requires a permit from the Department, under Wis. Stats. Chapter 30 and Chapter 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 § 660-199.
(4)
Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
(a)
The campground is approved by the Department of Health Services;
(b)
A land use permit for the campground is issued by the Zoning Administrator;
(c)
The character of the river system and the campground elevation are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;
(d)
There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
(e)
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 B(4)(d), to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations;
(f)
Only camping units that are fully licensed, if required, and ready for highway use are allowed;
(g)
The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;
(h)
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;
(i)
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
(j)
All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either § 660-131, 660-132 or 660-133 for the floodplain district in which the structure is located;
(k)
The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
(l)
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.
§ 660-131 Floodway Overlay (FWO) District.
A.
Applicability. This section applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 660-133D.
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 C and D; and all permits or certificates have been issued according to § 660-199.
(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.
(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. Stats. Chapter 30 and Chapter 31.
(7)
Public utilities, streets and bridges that comply with Subsection C(3).
C.
Standards for developments in floodway areas.
(1)
General.
(a)
Any development in floodway areas shall comply with § 660-130B and have a low flood damage potential.
(b)
Applicants shall provide the following data to determine the effects of the proposal according to § 660-130B(1).
[1]
A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
[2]
An analysis calculating the effects of this proposal on regional flood height.
(c)
The Zoning Administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for Subsection C(1)(b) above.
(2)
Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
(a)
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage.
(b)
Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(c)
Must be anchored to resist flotation, collapse, and lateral movement.
(d)
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation.
(e)
It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
(3)
Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
(a)
Adequate floodproofing measures are provided to the flood protection elevation.
(b)
Construction meets the development standards of § 660-130B.
(4)
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
(a)
The requirements of § 660-130B are met.
(b)
No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to Ch. 30, Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and the other requirements of this section are met.
(c)
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading.
(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 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 WDNR-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;
(5)
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
(6)
Any solid or hazardous waste disposal sites;
(7)
Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code;
(8)
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
§ 660-132 Flood-Fringe Overlay (FFO) District.
A.
Applicability. This section applies to all flood-fringe areas shown on the floodplain Zoning Maps and those identified pursuant to § 660-133D.
B.
Permitted uses. Any structure, land use, or development is allowed in the Flood-Fringe District if the standards in Subsection C are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in § 660-199 have been issued.
C.
Standards for development in flood-fringe areas. Section 660-130B shall apply in addition to the following requirements according to the use requested. Any existing structure in the flood-fringe must meet the requirements of § 660-134.
(1)
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the flood-fringe, shall meet or exceed the following standards. Any existing structure in the flood-fringe must meet the requirements of § 660-134.
(a)
The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of Subsection C(1)(b) below can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
(b)
The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation.
(c)
Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection C(1)(d) below.
(d)
In developments where existing street or sewer line elevations make compliance with Subsection C(1)(c) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
[1]
The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
[2]
The municipality has a DNR-approved emergency evacuation plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
(3)
Commercial uses. Any commercial structure which is erected, altered or moved into the flood-fringe area shall meet the requirements of § 660-132C(1). Subject to the requirements of § 660-132C(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(4)
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood-fringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in § 660-135D. Subject to the requirements of Subsection C(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(5)
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with § 660-135D. 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 § 660-135D.
(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 § 660-135D to the flood protection elevation and shall meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
(8)
Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to § 660-135D, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.
(9)
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in flood-fringe areas.
(10)
Deposition of materials. Any deposited material must meet all the provisions of this section.
(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 flood-fringe in Subsection C(1).
(12)
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Subsection C(11)(b) and (c). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices, and has no permanently attached additions.
§ 660-133 General Floodplain (GFP) District.
A.
Applicability. The provisions for this district shall apply to all floodplains mapped as A, AO or AH Zones.
B.
Permitted uses. Those uses permitted in the Floodway (§ 660-131) and Flood-Fringe (§ 660-132) Overlay Districts are allowed within the General Floodplain Overlay District, according to the standards of Subsection C below, provided that all permits or certificates required under § 660-199 have been issued.
C.
Standards for development in the General Floodplain District. Section 660-131 applies to floodway areas and § 660-132 applies to flood-fringe areas. The rest of this section applies to either district.
(1)
In AO/AH Zones, the structure's lowest floor must meet one of the conditions listed below, whichever is higher:
(a)
At or above the flood protection elevation;
(b)
Two feet above the highest adjacent grade around the structure; or
(c)
The depth as shown on the FIRM.
(2)
In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.
D.
Determining floodway and flood-fringe limits. Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:
(1)
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.
(2)
Require the applicant to furnish any of the following information deemed necessary by the WDNR to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation, and to determine floodway boundaries.
(a)
A hydrologic and hydraulic study as specified in § 660-199B(2).
(b)
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.
(c)
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
(3)
Transmit one copy of the information described in Subsection D(1) and (2) to the Department of Natural Resources Regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of § 660-198B apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.
§ 660-134 Flood Storage Overlay (FSO) 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.
A.
Applicability. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the Official Floodplain Zoning Maps.
B.
Permitted uses. Any use or development which occurs in a Flood Storage District must meet the applicable requirements in § 660-132C.
C.
Standards for development in Flood Storage Districts.
(1)
Development in a Flood Storage District shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood.
(2)
No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the predevelopment 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.
(3)
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 Flood-Fringe 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 § 660-199 of this chapter.
(4)
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.
§ 660-135 Nonconforming uses in flood areas.
A.
General.
(1)
Applicability. If these standards conform with § 62.23(7)(h), Wis. Stats., they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this article or any amendment thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this article 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 article. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
(b)
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this article.
(c)
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.
(d)
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this article. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 660-132C(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection.
(e)
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this article. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 660-132C(1).
(f)
If on a per-event basis the total value of the work being done under Subsection A(2)(d) and (e) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this article. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 660-132C(1).
(g)
Except as provided in Subsection A(2)(h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value.
(h)
For nonconforming buildings that are substantially damaged or destroyed by a 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 minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.
[1]
Residential structures.
[a]
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 660-135D.
[b]
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.
[c]
Shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
[d]
In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
[e]
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 660-130A(3).
[f]
In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
[2]
Nonresidential structures.
[a]
Shall meet the requirements of § 660-135A(2)(h)[1][a] through [f].
[b]
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in § 660-135D(1) or (2).
[c]
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 660-130A(3).
(3)
A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with § 660-131, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 660-135D are used.
B.
Floodway District.
(1)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
(a)
Has been granted a permit or variance which meets all article requirements;
(b)
Meets the requirements of Subsection A above;
(c)
Will not increase the obstruction to flood flows or regional flood height;
(d)
Any addition to the existing structure shall be floodproofed, pursuant to § 660-135D, by means other than the use of fill, to the flood protection elevation;
(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 floodwaters 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 municipal ordinances and Ch. SPS 383, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, § 660-135D(3), and Chs. NR 811 and NR 812, Wis. Adm. Code.
C.
Flood-Fringe District.
(1)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements in § 660-132C, except where Subsection C(2) below is applicable.
(2)
Where compliance with the provisions of Subsection C(1) above would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedures established in § 660-199A(3), may grant a variance from those provisions of Subsection C(1) above 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, will not be installed;
(d)
Flood depths will not exceed two feet;
(e)
Flood velocities will not exceed two feet per second; and
(f)
The structure will not be used for storage of materials as described in § 660-132C(5).
(3)
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, § 660-135D(3), and Ch. SPS 383, Wis. Adm. Code.
(4)
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this article and Chs. NR 811 and NR 812, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Floodproofing.
(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.
(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 discharges into floodwaters.
§ 660-136 Conservancy Overlay (CO) District.
A.
Permitted uses and structures.
(1)
Accessory uses.
(2)
Fishing.
(3)
General farming, provided no drainage, filling or dredging takes place and no farm buildings are constructed.
(4)
Harvesting of wild crops such as marsh hay, ferns, moss, wild rice, berries, tree fruits, tree seeds, and sustained yield forestry.
(5)
Hiking trails and bridle paths.
(6)
Nonresident buildings used solely in conjunction with the raising of waterfowl or fish.
(7)
Public and private parks and picnic areas.
(8)
Scenic, historic, scientific or wildlife preserves.
(9)
Utilities such as but not restricted to telephone, telegraph and power transmission lines.
B.
Conditional uses and structures.
(1)
Boathouses.
(2)
Dams.
(3)
Docks.
(4)
Drainage.
(5)
Dredging.
(6)
Excavations for specified purposes.
(7)
Artificial lakes and lagoons.
(8)
Borrow pits.
(9)
Topsoil or peat removal.
(10)
Filling.
(11)
Flowages.
(12)
Grading.
(13)
Nonresidential farm structures.
(14)
Piers.
(15)
Ponds.
(16)
Relocation of watercourses.
C.
Lot size requirements.
(1)
Nonresidential farm structures must have two acres with a one-hundred-foot width.
(2)
Excavations for specified purposes must have a minimum lot size as specified by the Plan Commission.
(3)
Yard requirements. Excavations for specified purposes must have a fifty-foot setback in all yards.
D.
Building bulk limitations. All buildings shall not exceed 35 feet in height and shall not exceed a floor area ratio of 0.30.