1. PURPOSE. To protect people and property from flood damage by prohibiting the erection of structures that would impede the flow of water during periodic flooding. Permitting use of the floodway would increase damages in the broader floodplain by increasing flood stages. In delineating the Floodway Overlay District, the effects of development within the associated flood fringe shall be computed. No increase in flood stage shall be permitted that is equal to or greater than 0.01 foot unless agreed upon by the City and all affected units of government and property owners affected by the stage increase, and until all such affected units of government have amended their water surface profiles and floodland zoning maps to reflect the increased flood elevations. No Floodway Overlay District changes shall be permitted where the cumulative effect of changes increase flood stages by more than 1.0 foot unless a waiver is secured from the Federal Emergency Management Agency (FEMA). Any unnumbered A zones which appear on the City's Flood Insurance Rate Map shall be placed in the Floodway Overlay District.
2. PERMITTED PRINCIPAL USES.
   1. Drainage.
   2. Functionally water dependent uses such as docks or wharves.
   3. Historic structures, provided that said structure was in existence within the floodplain prior to the adoption of this Chapter.
   4. Movement of Floodwater.
   5. Navigation.
   6. Stream bank protection.
   7. Water measurement and control facilities.
   8. Any of the following uses are permitted provided that they are permitted uses in the underlying basic use district, and further provided that such use shall not involve the erecting or placing of a structure in or over the floodway:
      1. Horticulture.
      2. Streets, provided that no street shall not be subject to inundation depths greater than two (2) feet or flood velocities greater than two (2) feet per second.
      3. Open markets.
      4. Open recreational uses, such as parks, sport fields, beaches, swimming, hunting, fishing, rinks, golf courses, and driving ranges.
      5. Outdoor plant nurseries.
      6. Parking and loading areas, provided that no such area shall not be subject to inundation depths greater than two (2) feet or flood velocities greater than two (2) feet per second.
      7. Sod farms.
         
      8. Truck farming.
      9. Utility poles, towers, and underground conduit for transmitting electricity, telephone, cable television, natural gas, and similar products and services.
      10. Grape growing.
      11. Wildlife preserves.
3. CONDITIONAL USES.
   1. Open space and related uses for the following uses provided that the applicant shows that such use or improvement will not impede drainage; will not cause ponding; will not obstruct the floodway; will not increase flood flow velocities; will not increase the flood stage; and will not retard the movement of floodwaters. Structures, when permitted, shall be floodproofed to the flood protection elevation and shall be anchored to protect them from larger floods. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer or registered architect that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood:
      1. Navigational structures.
      2. Public water measuring and control facilities.
      3. Bridges and approaches.
      4. Marinas.
      5. Filling as authorized by the Wisconsin Department of Natural Resources to permit the establishment of approved bulkhead lines.
      6. Other open space uses consistent with the purpose and intent of the district and compatible with uses in adjacent districts, not including structures.
   2. Accessory structures that are associated with an open space use which are functionally dependant on a waterfront location, provided that any structures are not designed for human occupancy, have a low flood damage potential, and are constructed and placed to provide minimum obstruction to flood flows. Whenever possible, accessory structures shall be placed with their longitudinal axis parallel to the flow of floodwaters and are firmly anchored to prevent them from floating away and restricting bridge openings. Accessory structures shall have all service facilities, such as electrical and heating equipment, at an elevation at least two feet above the 100-year recurrence interval floodplain.
   3. Municipal water distribution and sanitary sewage collection lines intended to provide service to uses located outside of the floodway, provided that the lines are floodproofed to an elevation of at least two feet above the elevation of the 100-year recurrence interval flood, and is designed to eliminate or minimize infiltration of floodwaters into the system. All floodproofed utilities shall be anchored to prevent flotation. Plan or document by a registered professional engineer shall be submitted to the Building Inspector certifying that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood level for the particular stream reach.
4. PROHIBITED ACTIVITIES.
   1. Dumping and Filling. Lands lying within the Floodway Overlay District shall not be used for dumping or be filled except as authorized by conditional use permit to establish approved bulkhead lines or to accommodate bridge approaches. Normal earth grading activities to permit utilization of the lands for open space, outdoor recreation, yard, parking, and similar uses are permitted.
   2. Dangerous Materials Storage. Lands lying within the Floodway Overlay District shall not be used for the storage of materials that are buoyant, flammable, explosive, or injurious to property, water quality, human or animal life, fish or other aquatic life, or plant life. Semi-tractors and their trailers shall not be stored or parked in the Floodway Overlay District.
   3. Incompatible Uses. Lands lying within the Floodway Overlay District shall not be used for any solid or hazardous waste disposal site or onsite soil absorption sanitary sewerage system site, or the construction of any well which is used to obtain water for ultimate human consumption. Sewage treatment plants and treatment ponds shall not be constructed in the Floodway Overlay District.
   4. Mobile Homes. No mobile home, manufactured home, mobile home park, or trailer camp shall be placed or moved onto lands lying in the Floodway Overlay District.
5. MAINTENANCE OF DRAINAGEWAYS. No development in the Floodway Overlay District shall adversely affect the channels, floodways, or shorelands of the Fox River, Pebble Creek, Pebble Brook Tributary, any tributary thereto, drainage ditches, or other lands lying outside the floodlands.
6. FLOODLANDS USED FOR DENSITY CALCULATION. Where a lot is located partially within a Floodway Overlay District and partially within an adjoining use district, that area of the parcel in the Floodway Overlay District may be used to meet the minimum lot area requirements of the adjoining use district provided that not more than twenty percent (20%) of the lot area requirement may be met by the use of Floodway Overlay District lands.

(Rep. & recr. #66-01)