Architects may apply materials vertically to delineate corners, differentiate tenants, monument entrances, or other similar limited applications if the total square feet of the vertical material on upper stories does not exceed the total linear feet of building facade.

Brick masonry;

Wood siding;

Stone or cast stone;

Concrete;

Glass (not including spandrel or covered glass products which prohibit all light from entering the building);

Architectural metal panels;

Cementitious siding; or

Stucco (not including EIFS or other faux stucco products).

The subject site has space limitations, an unusual shape or other factors that make strict compliance with applicable architectural regulations impossible or impractical;

Physical conditions on or next to the site, such as topography, soils, vegetation or existing structures or utilities, are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this division;

Safety considerations, such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

Creative. alternative architectural plans will provide an equal or better means of meeting the intent of this division's regulations.

The inclusion of green infrastructure as defined in § 90-430.40(f) or infrastructure found in sustainable development or green building certifications from nationally recognized organizations. such as the International Code Council, the U.S. Green Building Council, the International Living Future Institute, the U.S. Green Building Initiative or SITES;

The inclusion of safety-focused street design elements. such as those found within the National Association of City Transportation Officials Urban Street Design Guide;

The development of the parcel exceeds a 1:1 Revenue to Cost Ratio and a 40:1 Private to Public Ratio in the Community Development Director's fiscal analysis of the development;

The plans include a unique design from a renowned architect which the Community Development Director believes will generate tourism from the architectural design itself (not the underlying use); or

The inclusion of amenities specifically referenced in the Comprehensive Plan, the Parks and Open Space Plan, the Bicycle and Pedestrian Plan; a Local Area Plan, a TID Project Plan. or a Village RFP.

The regulations of this division establish off-street motor vehicle and bicycle parking requirements that attempt to encourage transit use and nonmotorized modes of transportation, while also helping meet the typical parking needs of shoppers, employees, visitors and residents. The regulations are also intended to help avoid the negative impacts that can result from requiring excessive supplies of off-street parking (e.g., impervious surfaces, stormwater runoff, heat island effect, visual environment, parking encroachment into stable neighborhoods).

The regulations are also intended to help protect the public health, safety and general welfare by:

General. Off-street parking must be provided and maintained in accordance with the provisions of this division. Unless otherwise expressly stated, the regulations apply to all zoning districts and uses.

New uses and development. The parking regulations of this division apply to all new buildings constructed and all new uses established in all zoning districts.

Change of use. If a new use of a building requires more off-street parking than the use that most recently occupied the building, additional off-street parking is required in an amount equal to the difference between the parking required for the new use and the parking that would have been required for the previous use if the parking requirements of this division had been applicable.

Enlargements and expansions.

Minimum motor vehicle parking requirements for the subject use are reduced by one parking space for every four motor vehicle parking spaces within the public parking lot or garage, not to exceed a total reduction of more than 25 spaces;

The nearest pedestrian entrance to the public parking lot or garage must be located within 1,000 feet of the lot on which the subject use is located; and

The parking facility must be open to the general public from at least 6:00 a.m. to 10:00 p.m.

Be located within 1,000 feet of the use, as measured along the shortest pedestrian route from the corner of the nearest parking space to the main public entrance of the use served;

Be located in zoning districts that permit nonaccessory parking or that permit the principal use to be served by the off-site parking spaces; and

Be under the same ownership as the lot containing the use to be served by the parking or be the subject of a legal instrument authorizing use of the off-site parking spaces.

General. Shared parking refers to the practice of two or more users who need parking at different times making use of the same motor vehicle parking spaces. Shared parking is encouraged as a means of conserving land resources, reducing stormwater runoff, reducing the heat island effect caused by large paved areas and improving community appearance.

Eligibility. Shared parking facilities are allowed for mixed-use projects and for uses with different times of peak parking demand, subject to approval by the Community Development Director.

Submittal requirements and methodology.

Location. Shared parking may be located on-site or off-site. Off-site parking is subject to the regulations of Subsection (e) of this section (§ 90-420.40).

The applicant submits a parking study demonstrating that the minimum off-street parking ratios of Table 90-420-1 do not accurately reflect the actual day-to-day parking demand that can reasonably be anticipated for the proposed use based on field surveys of observed parking demand for similar use within the Village or on external data from credible research organizations, such as the Urban Land Institute (ULI) or the Institute of Transportation Engineers (ITE);

The Community Development Director or Plan Commission, as applicable, determines that the other allowed parking reduction and credit provisions of this section are infeasible or do not apply; and

The Community Development Director or Plan Commission, as applicable, determines that the reduced parking ratios proposed are not likely to cause material adverse impacts on traffic circulation and safety or on the general welfare of property owners and residents in the surrounding area.

Short-term bicycle parking. Short-term bicycle parking is generally intended to serve the needs of cyclists who park their bicycles for short time periods, including customers, clients, students and other short-term visitors.

Long-term bicycle parking. Long-term bicycle parking is generally intended to serve the needs of cyclists who park their bicycles for long time periods, primarily employees and residents.

General. All short-term and long-term bicycle parking spaces are subject to the following general design and location requirements.

Short-term bicycle parking. In addition to the general bicycle parking design and location requirements of this section, all required short-term bicycle parking must meet the following requirements:

Long-term bicycle parking. In addition to the general bicycle parking design and location requirements of this section, all required long-term bicycle parking must meet the following requirements:

If the Community Development Director, Public Works Director, and the applicant for a proposed development agree to the following conditions, the Village may accept a payment in lieu of sidewalk or multi-use path. The Village shall set the payment amount using the Village's five-year average of sidewalk construction costs per square foot. The Village shall place the payment in a fund exclusively used for new or upgraded pedestrian and bicycle infrastructure.

The internal pedestrian circulation system must be ADA-compliant.

When the internal pedestrian circulation system crosses drive aisles, it must be clearly differentiated through the use of elevation changes, different paving material or other equally effective methods of safely accommodating nonmotorized travel, as approved by the Community Development Director. Striping alone does not meet this requirement.

When the internal pedestrian circulation system is parallel and adjacent to a motor vehicle travel lane, it must be a raised path at least eight inches above the vehicle travel lane surface or be separated from the vehicle travel lane by a raised curb, bollards, landscaping, or another physical barrier. If a raised path is used, the ends of the raised portions must be equipped with accessible curb ramps.

Standard spaces. Except as expressly allowed for compact spaces or universal spaces in the following Subsection (c)(2) and (3) or as expressly required for accessible parking spaces, or as outlined in Subsection (l), parking spaces must be designed as standard size spaces, in accordance with Table 90-420-2. Up to two feet of the front of a standard parking space, as measured from a line parallel to the direction of the bumper of a vehicle using the space, may be landscaped area instead of paved. Such areas count toward interior parking lot landscaping requirements.

Compact spaces. Up to 20% of the parking spaces in parking lots containing more than 10 parking spaces may be designated and designed as compact parking spaces. Compact parking spaces must be designed in accordance with Table 90-420-2. When compact parking spaces are used, at least 80% of the total number of parking spaces provided must be standard-size parking spaces.

Universal spaces. Universal-size parking spaces may be used only in parking lots containing more than 10 parking spaces. When universal size parking spaces are used, no compact spaces are allowed. All universal parking spaces must designed in accordance with Table 90-420-2.

Parking areas must be designed in accordance with Table 90-420-2 or comply with § 90-420.100(l). Table 90-420-2 shows minimum dimensions for various parking layouts (angles). Requirements for layouts or angles not shown in Table 90-420-2 may be interpolated from the layouts shown, as approved by the Community Development Director.

Tandem parking spaces may be used to satisfy parking requirements for household living uses when the tandem parking spaces are assigned to the same dwelling unit.

Tandem and stacked parking spaces may be used to satisfy off-street parking requirements for other use types when an attendant is on duty during all hours of operation.

Front-loaded garages.

Side-loaded garages.

Rear-loaded garages.

All open off-street parking areas must provide a six-inch curb or approved wheel barrier when abutting required setbacks, landscape areas and adjoining property lines.

Wheel barriers must be located at least two feet from the edge of pavement or the area to be protected from encroachment.

A professional engineer licensed to practice in the State of Wisconsin submits plans with a narrative explaining how the alternative dimensions are necessary for the project and how the dimensions of Table 90-420-2 do not meet the needs of the proposed use;

The Community Development Director or Plan Commission, as applicable, determines that the alternative dimensions will not cause adverse health, safety, or general welfare impacts to surrounding properties and residents;

The alternative dimensions modify the listed standards by 10% or less, rounded to the nearest foot, unless for truck and trailer parking as listed in Subsection (l)(6);

The alternative dimensions maintain the allowable ratios of compact, standard, and universal spaces. The Village considers all space sizes greater than the compact but below the standard sizes as universal spaces; and

If the alternative dimensions increase the impervious area beyond that required for the same number of spaces following the dimensions listed in Table 90-420-2, the plan for alternative compliance shall use the green infrastructure options listed in § 90-430.40(f) to detain and treat the stormwater runoff for the marginal increase in impervious surface.

Additionally, if the applicant proposes alternative dimensions for very large parking spaces intended for uses such as semi-tractor truck and trailer parking, defined as parking spaces greater than twice the width, length, or calculated square footage of any space in Table 90-420-2, but not including increases in dimensions required by the Americans with Disabilities Act,[1] these additional regulations apply:

If the vehicle or equipment is less than 22 feet in length:

If the vehicle or equipment is between 22 feet and 40 feet in length:

GVWR is to be determined by the vehicle's license plate classification and registration.

All vehicles must be in good working, operable condition and legally registered and licensed.

Vehicles covered by the exceptions set forth in § 346.50, Wis. Stats., are excepted from the prohibitions of this section. Vehicles engaged in construction work are exempt from the prohibitions of this section only when engaged directly in construction work. Vehicles actively engaged in loading and unloading are also exempted from this section. Vehicles that have been approved by the Police Department as necessary for on-call service in responding to police and fire emergencies are also exempt from the prohibition of this section.

Residential developments proposing 100 or more lots/dwelling units;

New residential or nonresidential developments or expansions of existing developments that would result in average daily traffic counts of 1,000 or more vehicles per day (ADT) or 100 plus trips during peak traffic hours (PHT). This traffic count must be based on the latest version of the Institute of Transportation Engineers (ITE) Trip Generation Manual;

New schools with an enrollment of more than 150 students; or

Includes one or more drive-through lanes.

Unenclosed off-street loading areas must be setback at least 25 feet from any abutting R-zoned properties.

Loading spaces are prohibited in front yard areas.

All loading areas and access drives must be surfaced and maintained with an asphaltic or Portland cement binder concrete or other dustless, all-weather surface approved by the Village Engineer.

The Community Development Director determines that an outdoor light source constitutes a public safety hazard or a nuisance.

When a property is re-zoned for a new land use, all outdoor lighting on the property shall meet these requirements before the new use commences.

Navigational lighting systems regulated by the Federal Aviation Administration and the US Coast Guard.

Any contradictory building code or Department of Transportation illumination requirements.

Lighting for worker safety as mandated by the Occupational Safety and Health Administration.

Security Lighting as determined by the Community Development Director.

Temporary lighting used by authorized first responders during emergency procedures.

Festoon string lighting where no individual lamp emits more than 50 lumens, and the lumen density of the string is no greater than 25 lumens per foot.

Permitted signs.

Luminaire light sources shall not be visible from federal- or state-designated wilderness, natural area, habitat, or reserves. Light trespass shall measure no greater than 0.1 lux.

Light trespass onto waters of the United States shall measure no greater than one lux.

Light trespass onto residential use property shall measure no greater than one lux.

When applicable, outdoor lighting shall dim or be extinguished during nighttime hours as prescribed by an adopted energy code.

On-premise signage larger than 20 square feet may only be illuminated while the associated business or activity is taking place, and must otherwise extinguish during nighttime hours.

Illumination for off-premises signage (e.g., advertising billboard) is prohibited.

The maximum luminous or illuminated surface area of an individual sign must not exceed 27.9 square meters (300 square feet).

Static signage may be illuminated externally, internally, or backlit, provided the light source itself is not directly visible from the public right-of-way or adjacent property.

External illumination of static signage shall be mounted above the sign and directed downward.

The highest light level of any illuminated sign (as measured with an all-white display for electronic signs) shall not exceed three lux more than the ambient lighting conditions (defined here as not including non-essential, decorative, or other sign sources of light) as measured within 15° of perpendicular (both horizontal and vertical) from the distances in Table 90-425-3. Illuminated signs that cannot be measured using an illuminance meter shall not exceed a luminance of 100 nits (100 candelas per square meter, cd/m²).

Electronic signs shall have automatic dimming controls to properly adjust the sign luminance according to ambient conditions, including nighttime. Should an electronic problem prevent normal function, the sign shall default to night-mode or remain unlit.

Excluding trademark logos, electronic messages shall be positive-contrast (i.e., light-colored fonts and features on a dark background) and shall contain no more than 35% white area within the displayed image.

Unless otherwise allowed by law or specified within this Zoning Ordinance, electronic messages shall not change more often than every eight seconds. Video and motion effects are prohibited.

Plans indicating the location, type, intensity, and height of luminaires including both building- and ground-mounted fixtures;

A description of the luminaires, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer;

Photometric data, such as that furnished by the manufacturer, showing the angle of light emission and the foot-candles on the ground; and

Additional information as may be required by the Zoning Administrator in order to determine compliance with this article.

Any new building or vehicular use area is established. When a new principal building is added to a lot, and the new building occupies 10% of more of the lot area, the entire lot must be brought into compliance with the requirements of this division;

The area of any existing vehicular use area is expanded and the total resulting vehicular use area after expansion includes more than six parking spaces or more than 2,500 square feet of paved area;

An existing or portion of an existing vehicular use area containing more than 12 parking spaces or more than 5,000 square feet of paved area is repaved or reconstructed in any of the following ways:

A use, activity, or feature requiring screening changes, or an additional use, activity, or feature requiring screening is added, in which case the entire site on which that use, activity, or feature is located must be brought into compliance with the landscape and screening regulations of this division.

Agricultural uses;

Single-household and two-household uses;

Public parks, open spaces, or natural resource areas;

Reconstruction of any building that is damaged or destroyed by fire, natural disaster or other means beyond the reasonable control of the property owner; and

Any other uses, site features or activities that are expressly exempted under this zoning chapter.

When required. The street frontage screening requirements of this section apply to vehicular use areas located within 50 feet of any (non-alley) street right-of-way. The requirements do not apply if there are buildings or other site features that effectively block views of the vehicular use area from the right-of-way.

Options. Screening must be installed and maintained between the vehicular use area and the street by one of the options described in Table 90-430-1 or by a combination of those options.

Existing vehicular use areas. When street frontage screening requirements are triggered by repaving or reconstruction, a change in the use being screened or a substantial improvement to an existing building, the following exceptions apply:

Vehicular use area visibility. In order to promote visibility and surveillance of vehicular use areas and public streets, low shrubs, perennials or ornamental grasses may not be allowed to grow taller than four feet, and portions of fences or walls above four feet in height may not exceed 50% opacity. Trees must be maintained so that the lowest branches are at least six feet above the ground beneath the tree.

Tree placement. Canopy trees required along on-street frontage screening areas may be planted at regular or irregular intervals, but in no case may trees be spaced more than 75 feet on center. Trees adjacent to the vehicular use area may be counted as part of required screening if they are within 20 feet of the right-of-way line and within 20 feet of the vehicular use area.

Public amenities. Public amenities, such as transit shelters, benches, bicycle racks, sculptures, fountains and similar features, may be integrated as part of the required screening. Screening requirements may be reduced as needed to accommodate such public amenities and streetscape features.

When required. The R District screening requirements of this section apply to vehicular use areas located within 25 feet of any R-zoned lot. The requirements do not apply if there are buildings or other site features that effectively block views of the vehicular use area from the R-zoned lot.

Options. Screening must be installed and maintained between the vehicular use area and the R-zoned lot by one of the options described in Table 90-430-2 or by a combination of those options.

Vacant lots. Screening is required regardless of whether a building exists on the R-zoned lot that triggers the requirement for R District screening, unless the Community Development Director determines that such screening is unnecessary because the vacant lot is unlikely to be developed with residential or other sensitive land uses. Areas adjacent to the required minimum front setback area on a vacant lot must be screened as if such areas were adjacent to a front yard area.

Parking spaces within structures, designated motorcycle parking spaces and bicycle parking spaces are not included when determining the minimum amount of landscaping required.

Trees and landscaped areas used to meet the screening requirements of this section are counted toward total parking lot landscaping requirements.

Permeable paving. One hundred square feet of permeable paving may be substituted for one tree and 100 square feet of landscaped area.

Rain gardens. One hundred square feet of rain garden with a rainwater catchment area of at least 1,000 square feet may be substituted for one tree and 100 square feet of landscaped area.

Bioswales. Fifty cubic feet (375 gallons) of bioretention capacity with a rainwater catchment area of at least 1,000 square feet may be substituted for one tree and 100 square feet of landscaped area.

When required. The street frontage screening requirements of this section apply to outdoor storage areas and outdoor work areas associated with any public or civic, commercial, or industrial use when such areas are visible from any (non-alley) street rights-of-way. The requirements do not apply if there are buildings or other site features that effectively block views of such outdoor storage and work areas from the right-of-way.

Options. Screening must be installed and maintained between outdoor storage and work areas and the street by one of the options described in Table 90-430-3 or by a combination of those options.

Tree placement. Canopy trees required along on-street frontage screening areas may be planted at regular or irregular intervals, but in no case may trees be spaced more than 75 feet on center. Trees adjacent to outdoor storage and work areas may be counted as part of required screening if they are within 20 feet of the right-of-way line and within 20 feet of the outdoor storage or work area.

When required. The nonindustrial district screening requirements of this section apply to outdoor storage areas and outdoor work areas associated with any public or civic, commercial, or industrial use when such areas are visible from any abutting nonindustrial-zoned lot. The requirements do not apply if there are buildings or other site features that effectively block views of the outdoor storage areas and outdoor work areas from the abutting nonindustrial-zoned lot.

Options. Screening must be installed and maintained between outdoor storage areas and outdoor work areas and abutting nonindustrial-zoned lots by one of the options described in Table 90-430-4 or by a combination of those options.

General. Canopy trees used to satisfy the requirements of this division must be of a deciduous street tree variety with a leaf and branch structure that creates a uniform crown and an opaque tree canopy.

Tree size. Canopy trees must be at least 2.5-inch-caliper size at the time of planting, except that two canopy trees of at least 1.5-inch-caliper size may be substituted for one tree of 2.5-inch-caliper size.

Planting areas. Any area used for planting canopy trees must have surface area of at least 100 square feet and at least 150 cubic feet of planting soil per tree. Planting areas for canopy trees may include modular suspended pavement systems that contain healthy noncompacted soil, and the permeable surface area of such systems may be counted toward the minimum surface area required.

Credit for existing trees. An existing canopy tree on the subject lot may be counted towards the minimum canopy tree requirements if it complies with the regulations of this subsection and no soil within five feet of the tree is disturbed. In addition:

Tree diversity. When a site has 10 or more trees, no single species may comprise more than 50% of the trees used to meet the requirements of this section.

General. Landscaped areas consist of planting beds filled with low-level or eye-level plants. Low-level plants include low shrubs, perennials and ornamental grasses. Eye-level plants include evergreen trees and tall shrubs. When used for screening, low-level plants are intended to define spaces and allow for natural surveillance, while eye-level plants are intended to obscure the view of the area being screened. The type and number of plants required is determined by the area being screened, the presence of a fence or wall and the size of the landscaped area.

Shrubs.

Planting soil. Landscaped areas must have healthy noncompact planting soil at least 18 inches deep.

Plant combinations. When landscaped areas allow for multiple plant types, any equivalent combination of the permitted plant types may be used.

Plant size. Minimum and maximum plant sizes for low-level and eye-level plants are specified in Table 90-430-6.

General. When a masonry wall, ornamental metal fence or opaque fence is used to meet the screening requirements of this division, it must be consistent with the type of fence required, the opacity and height standards for the area being screened, and the screening method selected. When no fence is required, a fence or wall of any type is permitted if otherwise permitted in the zoning district. If any fence other than an ornamental metal fence is present between an area requiring screening and a right-of-way line, the fence must be set back behind the required landscaped area, as viewed from the street.

Masonry walls. A masonry wall is intended to replace low-level and eye-level plants when space for sufficient planting does not exist. When a masonry wall is used to meet minimum screening requirements, it must be constructed of attractive, high-quality, durable-finish materials, such as brick, cast stone, decorative block or stucco over standard concrete masonry blocks. The color, texture and type of materials used on masonry walls must be similar to or compatible with the materials used on the principal building on the subject lot. If the principal building on the lot is not of masonry construction, a solid wall at least eight inches thick constructed of nonmasonry materials may be used if approved by the Community Development Director. An ornamental metal fence may be constructed atop a masonry wall, or a masonry wall may have openings consisting of ornamental metal fencing if the fence or wall meets the opacity requirements for the area being screened and the screening method selected. When plants are not required due to the presence of a masonry wall, they are permitted.

Ornamental metal fences. An ornamental metal fence is intended to complement low-level and eye-level plants when space for planting is limited. When an ornamental metal fence is used to meet minimum screening requirements, it must have decorative metal pickets at least 0.75 inch wide and spaced no farther apart than an average of six inches on center. The standards for picket width and spacing may be waived by the Community Development Director for custom metal fences with an opacity of at least 15%. When a custom fence has an opacity of more than 50%, it must be set back behind the required landscaping, as viewed from the street. An ornamental metal fence may include piers constructed of masonry, stone, or wood. An ornamental metal fence may be constructed atop a masonry wall or have solid portions consisting of masonry if the fence meets the opacity requirements for the area being screened and the screening method selected. In an industrial district, a welded wire metal fence may be used as an alternative to an ornamental metal fence. A welded wire metal fence must be rigid and composed of architectural metal panels or heavy-duty welded wire mesh with coated metal wires at least 1/8 inch in diameter (10-gauge or less).

Opaque fences. An opaque fence is intended to completely obscure the view of the area being screened. An opaque fence may be constructed of masonry, stone, metal, wood, vinyl or composite material, gabions filled with stone material, or a combination of such materials. Chain-link fences with slats or mesh screening are not considered opaque fences.

Masonry piers. An ornamental metal fence or opaque fence used to meet minimum screening requirements must have masonry piers if used as an alternative to masonry walls. Masonry piers must be spaced no more than 25 feet apart and also provided on corners and at changes in direction. Masonry piers must be at least 16 inches wide and 16 inches deep with a minimum height of three feet. The color, texture and type of materials used on masonry piers must be similar to or compatible with the materials used on the principal building located on the subject lot. If the principal building is not of masonry construction, the piers may be omitted or constructed of nonmasonry materials if approved by the Community Development Director.

Prohibited fence or wall materials. A fence or wall used to meet the minimum screening requirements may not include corbeled masonry blocks or other dry stack blocks, structural corrugated metal, metal siding or a metal panel and batten system, or exterior insulation and finish systems (EIFS) or simulated stucco products.

Gaps in fences and walls. When a fence or wall is used to meet the minimum screening requirements of this division, such fence or wall must be provided throughout the length of the landscaped area except in the following circumstances:

Grade changes. If there is an elevation difference between an area or object being screened and the street or adjacent property, the height of fences and walls must be measured from the point of highest elevation.

Permeable paving. Permeable paving is a surface paved with permeable pavers, porous concrete or porous asphalt that allows water infiltration into the soil.

Rain garden. A rain garden is a landscaped area specifically designed to capture and infiltrate stormwater and filled with deep-rooted plants.

Bioswale. A bioswale is a depressed area designed to capture and infiltrate stormwater runoff and remove pollutants. Constructed wetlands and other bioretention facilities may also be considered bioswales for the purposes of this division.

Rainwater catchment area. A rainwater catchment area is an area from which rainfall flows into a rain garden, bioswale or other bioretention facility.

Berms. Berms are permitted in all zoning districts. A berm may not be used to meet the minimum screening requirements of this section.

Bollards. Bollards are permitted in all circumstances but may not be used to meet the minimum requirements of this section.

Boulders. Boulders and other hard, round elements greater than 18 inches in diameter with irregular surfaces meant to appear eroded by nature are prohibited within 10 feet of a street right-of-way. Masonry objects and structures with flat, finished surfaces are permitted as a means to mark a gateway condition, provide pedestrian seating, or to define a street edge. Retaining walls consisting of boulders or stones are permitted, but may not be used to meet the minimum screening requirements of this division.

Required landscaping must be installed in accordance with an approved landscape plan.

All trees and plant material must be installed in accordance with sound nursery practices, in a manner designed to encourage vigorous growth.

All landscaped areas that are adjacent to pavement must be protected with curbs or equivalent barriers. Flush curbs, curb cuts, or other methods must be used to direct stormwater to landscape areas that abut paved areas.

Landscaping may not obstruct traffic visibility at street intersections or driveways and must comply with all applicable intersection sight distance regulations.

When landscaping is placed or installed within the public right-of-way, the Village has no obligation to replace or repair such landscaping if removed or damaged by Village field operations or other governmental functions. The Village also has no obligation to maintain aboveground or below-ground improvements or landscaping within the public right-of-way.

Required landscaping and screening must be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris cleanup; and replacement of dead, diseased or damaged plant material.

Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this zoning chapter.

The property owner is responsible for maintenance of trees and landscaping in accordance with the approved landscape plan and the regulations of this zoning chapter. Any dead, diseased or damaged trees, landscaping or screening materials must be removed and replaced by the property owner within 90 days of the date that written notice of the obligation to remove and replace required landscaping is issued by the Village. Property owners have no obligation to replace or restore required landscaping that is damaged or destroyed as a direct result of government action or lawful action of a franchise utility provider.

Approve the landscape plan as complying with the requirements of this division;

Approve the landscape plan with conditions of approval that will bring it into compliance with the requirements of this division; or

Reject the landscape plan as failing to comply with the requirements of this division.

The subject site has space limitations, an unusual shape or other factors that make strict compliance with applicable landscaping and screening regulations impossible or impractical;

Physical conditions on or adjacent to the site, such as topography, soils, vegetation or existing structures or utilities, are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this division;

Safety considerations, such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this division.

The Community Development Director is authorized to approve such fencing in A2, C-4, C-5, or P-2 Districts, subject to administrative site plan approval.

For this division, considering Wis. Stats. 66.0440, the Village designates any property zoned RE, RL, RM, RH, MX, C-1, C-2, or C-3 containing dwelling units or any property, including where current residential use is a nonconforming use, whose current primary use is residential as determined by the Village Assessor or the Community Development Director as an "exclusively residential use."

The sign regulations of this division establish regulations for the fabrication, construction, and use of signs in the Village. The regulations govern the location, type, size, and height of signs within the Village.

These sign regulations do not regulate every form and instance of visual communication that may be displayed. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more general purposes or findings set forth in this division.

Protecting Village residents. Signs can obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately require regulation.

Protecting property values. Regulating signs preserves the character of various neighborhoods, creates a harmonious community, and encourages economic development. This division allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs.

Promoting public health, safety and general welfare. Regulating signs helps protect all persons using public thoroughfares and rights-of-way within the Village in relation to the signage displayed thereon, or overhanging, or projecting into such public spaces.

Directs attention to a business, service, commodity, or activity offered or sold on the premises; and

If the vehicle is parked closer to the street than the nearest building wall (does not apply to vehicles parked for the purpose of immediate loading and unloading).

Are not illuminated; and

Do not exceed two square feet in area per sign.

Up to three square feet of temporary window signage or temporary window signage covering up to 25% of the window, whichever is greater, is allowed per window.

Up to six square feet of (nonwindow) temporary signage is allowed per 100 feet of lot frontage.

Candidates for a federal, state or local office representing the area in which the subject property is located;

A ballot issue on the ballot of a federal, state or local election affecting voters of the area in which the subject property is located.

The owner consents and that property is being offered for sale, rent or lease through a licensed real estate agent or through advertising in a local newspaper of general circulation.

For up to 15 days following the date on which a contract of sale has been executed by a person purchasing the property.

During the time between the issuance of a building permit for construction on the subject property and issuance of a certificate of occupancy. These signs may be affixed to temporary construction fencing.

Up to 30 days immediately following issuance of a certificate of occupancy for the subject property.

When a property is offered for sale and being opened to the general public, including a period of 72 hours before that opening.

Any street frontage under 100 feet is counted as 100 feet. Additional allowances are per 100 feet and not awarded at a ratio.

Each street frontage of a corner lot or double-frontage lot is counted separately and is given its own allowances.

Additional signage allowances are not mutually exclusive; properties that meet multiple conditions that allow for additional temporary signage are allowed additional signage for each.

Any temporary sign allowances under section can be subdivided or combined among individual signs, so long as any one sign does not exceed 12 square feet in a residential district or 32 square feet in any nonresidential district.

The lessor of a property is considered the owner of the subject property if the lessor holds a right to use exclusive of others (or the sole right to occupy).

Beams or rays of light from being directed at any portion of the traveled way of any roadway; or

Beams of light of such intensity or brilliance as to cause glare or impair vision of the operator of any motor vehicle.

Video display signs; and

Off-site electronic messaging signs.

An electronic messaging sign or sign element may not exceed 30% of the maximum sign area allowed for the subject sign type, as established in Table 90-440-1.

The electronic display background color tones, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic or video display may not blink, flash, rotate, scroll, change in illumination intensity, or otherwise change in outward appearance, except when the electronic message or display is changed to another message or display.

The images and messages displayed on an electronic messaging sign must have a minimum dwell time of at least 20 seconds and may not contain any movement, animation, audio, video, pyrotechnics or other special effects. The images and messages displayed must be complete in and of themselves within the required dwell time.

The transition or change from one message to another must occur in two seconds or less and involve no animation or special effects.

Electronic messaging signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs.

Electronic messaging signs must have a nonilluminated background.

The maximum illumination level of the display on an electronic messaging signs may not exceed 0.3 footcandle above ambient light levels, measured as follows:

Electronic messaging signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between 1/2 hour before sunset and 1/2 hour after sunrise.

Audio speakers are not allowed with any electronic messaging sign.

Any form of pyrotechnics is prohibited in association with an electronic messaging sign.

The area of a sign enclosed in a frame or cabinet is determined based on the outer dimensions of the frame or cabinet surrounding the sign face.

When the sign faces of a multisided sign are parallel or within 30° of parallel, only one side of the sign is counted for the purpose of determining the area and number of signs. If the sign faces are not parallel or within 30° of parallel, all sign faces are counted in determining the number and area of signs on the subject lot.

The area of a sign comprised of individual letters or elements attached to a wall is determined by calculating the area of the smallest square, rectangle, or circle that can be drawn around the letters and graphic elements of the sign. Signs consisting of individual letters and/or graphic elements will be measured as one sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter.

Spherical, free-form, sculptural or other nonplanar sign area is measured as 50% of the sum of the areas using only the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure.

The existing grade prior to construction; or

The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

The average elevation of the property within 100 feet of the sign location.

The average between the sign elevation and centerline elevation of adjacent public frontage within 100 feet of the sign location.

The operation of heavy equipment, construction equipment, lawn mowers and other residential garden tools shall take place only between the hours of 6:00 a.m. and 10:00 p.m. This provision shall not apply to the operation of agricultural equipment on land zoned for agricultural purposes.

The Community Development Director, Public Works Director, or Village Administrator may exempt work which is necessary to promote public health or welfare, such as roadway or utility construction, if a project submits a plan detailing the duration of the requested exemption, reasons for the requested exemption, and reasonable steps taken to keep noise at the lowest possible practical level. Such plans shall last no longer than three months or the duration of the project, whichever is shorter. The Village Clerk shall keep all such plans on file.

Special community events approved by the Village Board or Plan Commission, such as 4th of July celebrations and other similar community events.

Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

Promote maintenance, reuse and rehabilitation of existing buildings; and

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

The burden of proving a nonconformity was lawfully established and that the situation has not lost its nonconforming status rests entirely with the subject landowner.

The Community Development Director is authorized to determine whether adequate proof of nonconforming status has been provided by the subject landowner.

Appeals of the Community Development Director's decision on nonconforming status determinations may be appealed in accordance with the appeal procedures of Division 90-570.

Nonconformities must be maintained to be safe and in good repair.

Repairs and normal maintenance that do not increase the extent of nonconformity and that are necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this zoning chapter.

Nothing in this division is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized Village official.

A single dwelling unit and allowed accessory structures may be constructed on a nonconforming lot that has never been developed in any zoning district that permits detached houses by right, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).

Nonconforming lots in districts that do not permit detached houses by right may be used in accordance with the use regulations that apply in the subject zoning district, and buildings may be erected, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).

A nonconforming structure may be moved in whole or in part to another location on the same lot only if the movement or relocation eliminates or reduces the extent of nonconformity.

A nonconforming structure may be moved to another lot only if the structure complies with the zoning regulations that apply to that (relocation) lot.

A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation does not create additional or new nonconformities.

A nonconforming use may be moved to another lot only if the use would comply with the zoning regulations that apply to that (relocation) lot.

Abandonment.

Change to conforming use. If a nonconforming use is changed to a conforming use, no matter how short the period of time, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.

Reestablishment.

General.

Special regulations.

Protect life, health and property;

Minimize expenditures of public funds for flood control projects;

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

Minimize business interruptions and other economic disruptions;

Minimize damage to public facilities in the floodplain;

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

Discourage the victimization of unwary land and home buyers;

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

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

Areas to be regulated. This division regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, AE, VE, V1-30, or V on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this division, where applicable.

Official maps and revisions. Special flood hazard areas (SFHAs) are designated as zones A, A1-30, AE, AH, AO, VE, V1-30, or V on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in § 90-490.10(e)(2)a, Official maps based on the FIS, 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 § 90-490.10 (e)(2)b, Official maps based on other studies, below. These maps and revisions are on file in the office of the Village Clerk, Village Hall, Mount Pleasant, WI.

Establishment of floodplain zoning districts. The flood hazard areas regulated by this division are divided into districts as follows:

Locating floodplain boundaries. 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 Subsection (e)(4)a and b below. If a significant difference exists, the map shall be amended according to § 90-490.80, Amendments. 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. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 90-490.70(c)(3), Boundary disputes, and the criteria in Subsection (e)(4)a and b below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 90-490.80, Amendments.

Removal of lands from floodplain.

Compliance.

Municipalities and state agencies regulated. 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 § 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. 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 § 30.2022, Wis. Stats., 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 feet span at the same location, the project is exempt from a DNR permit under § 30.123(6)(d), Wis. Stats., 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.

Abrogation and greater restrictions.

Interpretation. 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 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 division or in effect on the date of the most recent text amendment to this division.

Warning and disclaimer of liability. 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 man-made or natural causes. This division does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. This division does not 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 division.

Severability. 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.

Annexed areas for cities and villages. The Racine 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 Parts 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.

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.

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 § 90-490.70(a)(2), Land use permit.

No floodplain development shall:

The Zoning Administrator shall deny permits if it is determined that the proposed development will obstruct flow or cause any increases in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of § 90-490.80, Amendments, are met.

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 Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The standards of § 90-490.20(b), Hydraulic and hydrologic analyses, 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 § 90-490.80, Amendments, 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.

The campground is approved by the Department of Agriculture, Trade and Consumer Protection;

A land use permit for the campground is issued by the Zoning Administrator;

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;

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 floodplain zoning agency or Zoning Administrator, 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;

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 (e)(4) to remain in compliance with all applicable regulations, including those of the State Department of Agriculture, Trade, and Consumer Protection and all other applicable regulations;

Mobile recreational vehicles.

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 § 90-490.20(e), Public or private campgrounds, and shall ensure compliance with all the provisions of this section;

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

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

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; and

Standards for structures in a campground.

A land use permit shall be obtained as provided under § 90-490.70(a)(2) before any 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.

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

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

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 § 90-490.30(c)(4), Fills or deposition of materials.

Uses or structures accessory to open space uses or classified as historic structures that comply with § 90-490.30(c), Standards for developments in floodway areas, and § 90-490.30(d), Prohibited uses.

Extraction of sand, gravel or other materials that complies with § 90-490.30(c)(4), Fills or deposition of materials.

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 Chs. 30 and 31, Wis. Stats.

Public utilities, streets and bridges that comply with § 90-490.30(c)(4), Fills or deposition of materials.

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

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

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

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.

General.

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:

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

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

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

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

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

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

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;

Any solid or hazardous waste disposal sites;

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

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.

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. Any existing structure in the floodfringe must meet the requirements of § 90-490.60, Nonconforming uses.

Accessory structures or uses. In addition to § 90-490.20, General standards applicable to all floodplain districts, new construction and substantial improvements of accessory structures shall be constructed on fill with its lowest floor at or above the regional flood elevation.

Commercial uses. In addition to § 90-490.20, General standards applicable to all floodplain districts, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the residential development requirements of § 90-490.40(c)(1), Residential uses. Subject to the requirements of § 90-490.40(c)(5), Storage of materials, 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.

Manufacturing and industrial uses. In addition to § 90-490.20, General standards applicable to all floodplain districts, 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 § 90-490.70(e), Floodproofing standards. Subject to the requirements of § 90-490.40(c)(5), Storage of materials, 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.

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 § 90-490.70(e), Floodproofing standards. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

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

Sewage systems. All on-site sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to § 90-490.70(e), Floodproofing standards, to the flood protection elevation and shall meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.

Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 90-490.70(e), Floodproofing standards, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.

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

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

Manufactured homes.

Mobile recreational vehicles.

Applicability. The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in § 90-490.10(e)(2)a, Official maps based on the Flood Insurance Study (FIS).

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 § 90-490.10(e)(2)a, Official maps based on the Flood Insurance Study (FIS), the boundaries of the regulatory floodway shall be determined pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits. If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of § 90-490.30, Floodway District (FW). If the development is located entirely within the floodfringe, the development is subject to the standards of § 90-490.40, Floodfringe District (FF).

Permitted uses. Pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits, it shall be determined whether the proposed use is located within a floodway or floodfringe. Those uses permitted in floodway [§ 90-490.30(b), Permitted uses] and floodfringe [§ 90-490.40(b), Permitted uses] districts are allowed within the General Floodplain District, according to the standards of § 90-490.50(a)(4), Standards for development in the General Floodplain District, provided that all permits or certificates required under § 90-490.70(a), Zoning Administrator, have been issued.

Standards for development in the General Floodplain District. Section 90-490.30, Floodway District (FW), applies to floodway areas, determined pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits; § 90-490.40, Floodfringe District (FF), applies to floodfringe areas, determined pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits.

Determining floodway and floodfringe limits. Upon receiving an application for development within Zone A, or within Zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the Zoning Administrator shall:

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

Permitted uses. Any use or development which occurs in a Flood Storage District must meet the applicable development standards in § 90-490.40(c), Standards for development in the floodfringe.

Standards for development in Flood Storage Districts.

Applicability. The provisions of this section apply to all Coastal Floodplain Districts (CFD) shown on the Floodplain Zoning Maps, which includes zones V, V1-30, and VE. Where a floodway shown on the Floodplain Zoning Maps, or a floodway determined as explained in § 90-490.10(e)(4), Locating floodplain boundaries, or a regulatory floodway identified pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits, extends into a Coastal Floodplain District, development shall comply with the standards of § 90-490.30, Floodway District (FW), and § 90-490.50(c), Coastal Floodplain District (CFD).

Standards for development in the Coastal Floodplain District. Development in the CFD District shall meet the requirements of § 90-490.20, as well as the following:

Applicability.

Conditions. 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:

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:

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 of § 90-490.40(c), Standards for development in the floodfringe, except where Subsection (c)(2) is applicable.

Where compliance with the provisions of Subsection (c)(1) 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 § 90-490.70(c), Board of Appeals, may grant a variance from those provisions of Subsection (c)(1) for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

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, § 90-490.70(e), Floodproofing standards, and Ch. SPS 383, Wis. Adm. Code.

All new wells, or addition to, replacement, repair or maintenance of a well, shall meet the applicable provisions of the ordinance, § 90-490.70(e), Floodproofing standards, and Chs. NR 811 and NR 812, Wis. Adm. Code.

New construction and substantial improvement shall meet the standards of § 90-490.50(c), Coastal Floodplain District (CFD).

No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a coastal floodplain area unless the entire building is permanently changed to conform with the standards prescribed in § 90-490.50(c), Coastal Floodplain District (CFD).

Duties and powers. The Zoning Administrator is authorized to administer this division and shall have the following duties and powers:

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 Zoning Administrator shall include: