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Waukesha City Zoning Code

22.49 FFO

Flood Fringe Overlay District

  1. PURPOSE. To provide for and encourage the most appropriate use of land and water in areas subject to periodic flooding and to minimize flood damage to people and property.
  2. PERMITTED PRINCIPAL USES. Any use of land, except development or the construction of structures, that is permitted in the basic underlying district, provided that such use does not destroy the natural resource features protected by the district provided that inundation depths for parking and loading areas do not exceed two (2) feet or that such areas are not subject to flood velocities greater than two (2) feet per second upon the occurrence of a 100-year recurrence interval flood.
  3. CONDITIONAL USES.
    1. Residential, Commercial, and Institutional Structures provided that the structure is permitted in the underlying basic use district, and provided that such floodfringe areas shall be filled to an elevation at least two feet above the elevation of the 100-year recurrence interval flood. Such fill shall extend for at least fifteen (15) feet beyond the limits of the structure placed thereon. All structures shall be provided with dry land access to lands located outside the floodplain. Where existing streets or sewer lines are at elevations which make dry land access impractical, the City may permit development where access roads are at or below the 100-year recurrence interval flood stage, provided that the City is able to provide the full range of fire and police services to properties in the area during a flood event, or the City has adopted a natural disaster plan approved by the Wisconsin Department of Natural Resources. The finished surface of the lowest floor, excluding basement or crawlway, shall be constructed or placed at an elevation at least two feet above the elevation of the 100-year recurrence interval flood. Basement or crawlway floors may be placed at the 100-year recurrence interval flood elevation provided that the basement or crawlway is floodproofed to the flood protection elevation. Heating and electrical equipment shall be at least two (2) feet above the 100-year recurrence interval flood elevation. Residential structures placed on fill may be removed from the Floodfringe Overlay District provided that the fill is contiguous to lands lying outside of the floodlands, and further provided that the zoning map is amended in the manner as provided herein. All onsite sewage systems shall be floodproofed to two feet above the 100-year recurrence interval flood elevation and shall meet the applicable provisions of Chapter COMM 83 of the Wisconsin Administrative Code and any amendments thereto. All public and private wells shall be floodproofed to two feet above the 100-year recurrence interval flood elevation and shall meet the applicable provisions of Chapters NR 811 and NR 812 of the Wisconsin Administrative Code.
    2. Industrial structures provided that the fill requirements and dry land access requirements for residential structures in the Floodfringe Overlay District are complied with. However, when the purpose of this Ordinance cannot be fulfilled by filling the floodfringe due to existing and committed development, and when the Plan Commission has made a finding to this effect, all new structures and all additions to existing structures in the Floodfringe Overlay District shall be floodproofed to a point two (2) feet above the elevation of the 100-year recurrence interval flood. All floodproofed structures shall be securely anchored to protect them from all 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 level for the particular stream reach. Structures placed on fill may be removed from the Floodfringe Overlay District provided that the fill is contiguous to lands lying outside of the floodlands, and further provided that the property owner, or his agent, has complied with all the requirements for amending the zoning map as set forth in Section 22.68 of this Chapter. Storage or processing of materials that are buoyant, flammable, explosive, or injurious to human, animal or plant life during flooding shall be at or above the 100-year recurrence interval flood level or shall be floodproofed in accordance with Section 22.59(11).
    3. Accessory structures associated with residential, commercial, or industrial uses provided that all structures, when permitted, are not attached to the principal structure, are not designed for human occupancy, have a low flood damage potential, 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), are firmly anchored to prevent them from floating away and restricting bridge openings, and have all service facilities (such as electrical and heating equipment) at an elevation at least two (2) feet above the 100-year recurrence interval floodplain. Accessory structures in the Floodfringe Overlay District shall not be subject to inundation depths greater than two (2) feet or flood velocities greater than two (2) feet per second upon the occurrence of a 100-year recurrence interval flood.
    4. 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 (2) 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. 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 level for the particular stream reach.
    5. Filling to remove lands provided that such fill shall be to an elevation at least two feet above the elevation of the 100-year recurrence interval flood and further provided that such lands are contiguous to lands lying outside of the floodlands. No such Floodfringe Overlay District shall be removed from the Supplementary Floodland Zoning Map until the filling is complete and the zoning map has been amended in manner provided for herein.
    6. Wireless communications facilities as set forth and under conditions authorized in Section 22.21.
  4. MAINTENANCE OF DRAINAGEWAYS. No filling or development in the Floodfringe Overlay District shall adversely affect the channels, floodways, or shorelands of the Fox River, Pebble Brook Tributary, Pebble Creek, any tributary thereto, drainage ditches, or other lands lying outside the floodlands.
  5. MOBILE HOMES PROHIBITED. No mobile home, manufactured home, mobile home park, or trailer camp shall be placed or moved onto lands lying in the Floodfringe Overlay District.

(Rep. & recr. #66-01)