Ferryville Ordinance Chapter 11A
FLOODPLAIN ORDINANCE
11.01 Statutory Authorization, Finding of Fact, Statement of Purpose, Title and General Provisions
11.02 General Standards Applicable To All Floodplain Districts
11.03 Floodway District (FW)
11.04 Floodfringe District (FF)
11.05 General Floodplain District (GFP)
11.06 Nonconforming Uses
11.07 Administration
11.08 Amendments
11.09 Enforcement and Penalties
11.10 Definition
Appendix:
A. Ferryville Boat Ramp Area Floodway District Map
B. October 6, 1994 - Letter To Village Of Ferryville
C. Flood Hazard Boundary Map - Attached To October 6, 1994 Letter
D. October 10, 1994 - Letter To the Village Of Ferryville
11.01 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE AND GENERAL PROVISIONS
(1) Statutory Authorization. This ordinance is adopted pursuant to the authorization in ss. 61.35 and 62.23, for
villages and cities; 59.69, 59.692, and 59.694 for counties; and the requirements in s. 87.30, Stats.
(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) Statement of Purpose. This ordinance is intended to regulate floodplain development to:
(a) Protect life, health and property;
(b) Minimize expenditures of public funds for flood control projects;
(c) Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
(d) Minimize business interruptions and other economic disruptions; (e) Minimize damage to public facilities in the
floodplain;
(f) Minimize the occurrence of future flood blight areas in the floodplain;
(g) Discourage the victimization of unwary land and homebuyers;
(h) Prevent increases in flood heights that could increase flood damage and result in conflicts between property
owners; and
(i) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or
structure outside of the floodplain.
(4) Title. This ordinance shall be known as the Floodplain Zoning Ordinance for
Ferryville, Wisconsin. (5) General Provisions.
(a) Areas to Be Regulated. This ordinance regulates all areas that would be
covered by the regional flood or base flood.
Note: Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood
elevations may be derived from other studies. Areas covered by the base flood are identified as A?Zones on the
Flood Insurance Rate Map.
(b) Official Maps & Revisions. The boundaries of all floodplain districts are designated as floodplains or A?Zones
on the maps listed below and the revisions in the Ferryville Floodplain Appendix. Any change to the base flood
elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed
and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (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
Village Clerk, Ferryville, Wisconsin. If more than one map or revision is referenced, the most restrictive
information shall apply.
(1) OFFICIAL MAPS:
(a) Flood Insurance Rate Map (FIRM), panel numbers
55023C0151E, dated December 17, 2010 and 55023C0152F and
55023C0154F dated October 16, 2015 with corresponding profiles that are based on the Flood Insurance Study
(FIS) dated October 16, 2015, Volume number 55023CV000B;
Approved by: The DNR and FEMA
(2) OFFICIAL MAPS: Based on other studies
(a) Ferryville Boat Ramp Area Map (Appendix A) (Floodway
Boundary, 10/6/1994, Department of Natural Resources)
(c) Establishment of Districts. The regional floodplain areas are divided into four districts as follows:
(1) The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining
the channel required to carry the regional floodwaters.
(2) The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the
floodway.
(3) The General Floodplain District (GFP) is those areas that have been or may be covered by the floodwater
during the regional flood.
(4) The Ferryville Boat Ramp Area Floodway District:
Description: Located in the delta area surrounding the boat ramp, riverward of the railroad tracks, approximately
1200 feet in length parallel to the tracks, starting and ending at points where the shoreline curves away from a
parallel direction to the regular shoreline on either side upstream and downstream from the boat ramp. The
Floodway Boundary is the point on the regular ground and railroad embankment reached by the water level of the
1993 flood as described in letters from the Wisconsin Department of Natural Resources to the Village dated
10/6/1994 to which the map is an attachment and further described in a letter dated 10/10/1994. Letters
Included In Ordinance Appendix .
(d) Locating Floodplain Boundaries. Discrepancies between boundaries on the official floodplain zoning map and
actual field conditions shall be resolved using the criteria in paragraphs (1) or (2) below. If a significant
difference exists, the map shall be amended according to s. 11.08 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 pre?development
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 s.
11.07(3)(c) and the criteria in (1) and (2) below.
(1) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The
regional or base flood elevations shall govern if there are any discrepancies.
(2) Where flood profiles do not exist, 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 s. 11.08 Amendments.
(e) Removal of Lands from Floodplain. Compliance with the provisions of this ordinance 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 s. 11.08 Amendments.
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).
(f) Compliance. Any development or use within the areas regulated by this ordinance shall be in compliance with
the terms of this ordinance, and other applicable local, state, and federal regulations.
(g) Municipalities And State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns,
and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are
required to comply if s. 13.48(13), Stats. applies. The construction, reconstruction, maintenance and repair of
state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats.
applies.
(h) Abrogation and Greater Restrictions
(1) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under ss. 59.69,
59.692 or 59.694 for counties;
s. 62.23 for cities; s. 61.35 for villages; or s. 87.30, Stats. which relate to floodplains. If another ordinance is more
restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
(2) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or
easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
(i) Interpretation. In their interpretation and application, the provisions of this ordinance 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 ordinance, 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 ordinance or in effect on the date of the most recent text amendment to this ordinance.
(j) Warning and Disclaimer of Liability. The flood protection standards in this ordinance 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 ordinance does not imply or guarantee that non?floodplain areas
or permitted floodplain uses will be free from flooding and flood damages. This ordinance 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 ordinance.
(k) Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not be affected.
(l) Annexed Areas for Cities And Villages. The Crawford 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 and the
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 location
of the floodway.
(m) 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 or modified and adequately anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that
minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities designed and/or located so as to prevent water from entering or
accumulating within the components 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 ordinance and
all other requirements in s. 11.07 (1) (b). 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.
11.02 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, causing any increase in the regional flood height; or
(2) Cause any increase 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 11.08 Amendments are met.
(2) Watercourse Alterations. 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 s. 11.02 (1)
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 s. 11.08 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.
(3) Chapter 30, 31, Wis. Stats. Development. Development which requires a permit from the Department, under
chs. 30 and 31, Wis. Stats., 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 s. 11.08 Amendments. .
(4) Public or Private Campgrounds
Ferryville shall have no private campground in the floodplain.
Public 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 is such that
a 72?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 sub. (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 may 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 s. 11.03 or s. 11.04 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.
(l) All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane
tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection
elevation.
11.03 FLOODWAY DISTRICT (FW)
(1) Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified
pursuant to s. 11.05(4).
(2) 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 s. 11.03(3) and 11.03(4); and all permits or certificates have
been issued according to s. 11.07(1):
(a) Agricultural uses, such as farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
(b) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
(c) 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
s. 11.03(3) (d).
(d) Uses or structures accessory to open space uses, or classified as historic structures that comply with ss.
11.03(3) and 11.03(4).
(e) Extraction of sand, gravel or other materials that comply with s. 11.03(3) (d). (f) 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, Stats.
(g) Public utilities, streets and bridges that comply with s. 11.03(3)(c). (3) Standards for Developments in
Floodway Areas
(a) General
(1) Any development in floodway areas shall comply with s. 11.02 and have a low flood damage potential.
(2) Applicants shall provide the following data to determine the effects of the proposal according to s. 11.02(1)
and s. 11.07(1)(b)(3).
(a) A cross?section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed
development will obstruct flow; or
(b) An analysis calculating the effects of this proposal on regional flood height.
(3) The zoning administrator shall deny the permit application if the project will cause any increase flood
elevations upstream or downstream based on the data submitted for sub. 2 above.
(b) 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:
(1) Not designed for human habitation, does not have a high flood damage potential and is constructed to
minimize flood damage;
(2) 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.
(3) It must be anchored to resist flotation, collapse, and lateral movement;
(4) Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation;
and
(5) It must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the
regional flood.
(c) Public Utilities, Streets and Bridges. Public utilities, streets and bridges may be allowed by permit, if:
(1) Adequate floodproofing measures are provided to the flood protection elevation; and
(2) Construction meets the development standards of s. 11.02(1). (d) Fills or Deposition of Materials. Fills or
deposition of materials may be
allowed by permit, if:
(1) The requirements of s. 11.02(1) are met;
(2) No material is deposited in the navigable waters unless a permit is issued by the Department pursuant to ch.
30, Stats., and a permit pursuant to s. 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;
(3) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or
bulkheading; and
(4) The fill is not classified as a solid or hazardous material.
(4) Prohibited Uses. All uses not listed as permitted uses in s. 11.03(3) (b) are prohibited, including the following
uses:
(a) Habitable structures, structures with high flood damage potential, or those not associated with permanent
open?space uses;
(b) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human,
animal, plant, fish or other aquatic life;
(c) Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
(d) 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;
(1) Repair or replacement of any existing sewer system shall be limited to installation and use of flood proof
holding tanks, sized per applicable plumbing code and with current pumping agreement. Noncompliant failing
systems are prohibited.
(e) 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;
(f) Any solid or hazardous waste disposal sites;
(g) Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3) (b), Wis. Adm.
Code;
(h) 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.
(i) Each property shall have a limit of one mobile recreational vehicle or camping unit and none are permitted on
site between November 1 and April 1. Camping units other than tents must have manufacturer code certifications
per the mobile recreational vehicle industry and be appropriately licensed, road ready, and equipped with self
contained water and wastewater holding tanks. Connection to a water supply or to wastewater treatment system
including floodproof holding tank on site is prohibited.
(1) Vehicles and trailers not originally designed or intended or certified as camping units are prohibited.
(j) Accessory structures, buildings, storage units or containers, shipping containers, etc. are prohibited.
(k) No storage of materials shall be permitted between November 1 and April 1.
11.04 FLOODFRINGE DISTRICT (FF)
(1) Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those
identified pursuant to s. 11.05(4).
(2) Permitted Uses. Any structure, land use, or development is allowed in the floodfringe district if the standards
in s. 11.04(3) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or
certificates specified in s. 11.07(1) have been issued.
(3) Standards For Development In Floodfringe Areas. S. 11.02(1) shall apply in addition to the following
requirements according to the use requested. Any exist structure in the floodfringe must meet the requirements
of s. 11.06 Nonconforming Uses;
(a) Residential uses. Any structure, including a manufactured home, which is to be newly constructed of moved
into the floodfringe shall meet or exceed the following standards. Any existing structure in the floodfringe must
meet the requirements of s. 11.06 Nonconforming Uses;
(1) The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the
requirements of s 11.04(3)(a)(2) 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.
(2) 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;
(3) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as
provided in subd. (4).
(4) In developments where existing street or sewer line elevations make compliance with subd. (3) impractical,
the municipality may permit new development and substantial improvements where roads are below the regional
flood elevation, if:
(a) 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
(b) The municipality has a DNR?approved emergency evacuation plan.
(b) Accessory Structures or Uses. Accessory structures shall be constructed on
fill with the lowest floor at or above the regional flood elevation.
(c) Commercial Uses. Any commercial structure which is erected, altered or moved into the floodfringe area shall
meet the requirements of s.11.04(3) (a). Subject to the requirements of s. 11.04(3) (e), 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.
(d) Manufacturing and Industrial Uses. 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 s 11.07(5). Subject to the requirements of s.
11.04(3)(e), 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.
(e) 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 s. 11.07(5). Adequate measures shall be taken to ensure that such materials will
not enter the water body during flooding.
(f) Public Utilities, Streets And Bridges. All utilities, streets and bridges shall be designed to be compatible with
comprehensive floodplain development plans; and
(1) When failure of public utilities, streets and bridges would endanger public health or safety, or where such
facilities are deemed essential, construction of or repair of such facilities shall only be permitted if they are
designed to comply with s. 11.07(5)
(2) Minor roads or non?essential utilities may be constructed at lower elevations if they are designed to withstand
flood forces to the regional flood elevation.
(g) Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood
water into the system, pursuant to s.
11.07(5) (c), to the flood protection elevation and meet the provisions of all
local ordinances and ch. SPS 383, Wis. Adm. Code.
(h) Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant
to s. 11.07 (5) (c), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR
812, Wis. Adm. Code.
(i) Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
(j) Deposition of Materials. Any deposited material must meet all the provisions of this ordinance.
(k) Manufactured Homes
(1) 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.
(2) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially
improved homes
shall:
(a) have the lowest floor elevated to the flood protection elevation;
and
(b) be anchored so they do not float, collapse or move laterally during a flood
(3) Outside of existing manufactured home parks, including new manufactured home parks and all single units
outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the
residential development standards for the floodfringe in s. 11.04(3)(a).
(l) 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
s. 11.04(3) (k) (2) and (3). 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.
11.05 GENERAL FLOODPLAIN DISTRICT (GFP)
(1) Applicability. The provisions for this district shall apply to all floodplains mapped as
A, AO or AH zones.
(2) Permitted Uses. Pursuant to s. 11.05(4), it shall be determined whether the proposed use is located within a
floodway or floodfringe area.
Those uses permitted in floodway s. 11.03(2) and floodfringe areas s. 11.04(2)
are allowed within the general floodplain district, according to the standards of
s. 11.05(3), provided that all permits or certificates required under s. 11.07(1) have been issued.
(3) Standards for Development in the General Floodplain District. s. 11.03 applies to floodway areas, s. 11.04
applies to floodfringe areas. The rest of this ordinance applies to either district.
(a) In AO/AH Zones the structure's lowest floor must meet one of the conditions listed below whichever is higher:
(1) at or above the flood protection elevation; or
(2) two (2) feet above the highest adjacent grade around the structure; or
(3) the depth as shown on the FIRM
(b) In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.
(4) Determining Floodway and Floodfringe Limits. Upon receiving an application for development within the
general floodplain district, the zoning administrator shall:
(a) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed
development with respect to the general floodplain district limits, stream channel, and existing floodplain
developments, along with a legal description of the property, fill limits and elevations, building floor elevations
and flood proofing measures; and the flood zone as shown on the FIRM.
(b) Require the applicant to furnish any of the following information deemed necessary by the Department to
evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine
floodway boundaries:
(1) A Hydrologic and Hydraulic Study as specified in s.11.07 (1) (b) (3) (2) A typical valley cross?section showing
the stream channel, the
floodplain adjoining each side of the channel, the cross?sectional area to be occupied by the proposed
development, and all historic high water information;
(3) 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;
(4) Profile showing the slope of the bottom of the channel or flow line of the stream;
(5) Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage, water supply and sanitary facilities.
11.06 NONCONFORMING USES (1) General
(a) Applicability. If these standards conform with s. 59.69(10), Stats., for counties
or s. 62.23(7) (h), Stats., for cities and villages, 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 ordinance or any amendment thereto.
(b) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this
ordinance may continue subject to the following conditions:
(1) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with
this ordinance. 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. Ordinary maintenance repairs are not considered an
extension, modification or addition; these include painting, decorating, paneling and the replacement of doors,
windows and other nonstructural components and the maintenance, repair or
replacement of existing private sewage or water supply systems or
connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of
a damaged structure. 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.
(2) 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 ordinance; Any nonconforming use that is discontinued for 12 consecutive
months must be completely removed.
(3) 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;
(4) 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 ordinance. Contiguous dry land access must be provided for residential
and commercial uses in compliance with s. 11.04(3)(a). The costs of
elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are
excluded from the 50% provisions of this paragraph;
(5) 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 ordinance. Contiguous dry land access must be provided for residential and commercial uses
in compliance with s. 11.04(3)(a).
(6) If on a per event basis the total value of the work being done under (4) and (5) 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
ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s.
11.04(3)(a).
(7) Except as provided in subd. (8), 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.
(8) For nonconforming buildings that are substantially damaged or destroyed by a nonflood 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.
(a) Residential Structures
(1) 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 s. 11.07 (5)(b).
(2) 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.
(3) 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.
(4) In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
(5) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards
in s. 11.05 (3)(a).
(6) In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and
away from the structure.
(b) Nonresidential Structures
(1) Shall meet the requirements of s. 11.06(1)(b)(8)(a 1 - 6) (2) 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 s. 11.07(5)(a) or 11.07(5) (b)
(3) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards
in s.11.05 (3)(a).
(c) A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued
designation as a historic structure, the alteration will comply with s. 11.03(3)(a), flood resistant materials are
used, and construction practices and floodproofing methods that comply with s. 11.07(5) are used. Repair or
rehabilitation of historic structures shall be exempt from the development standards of s. 11.06 (1)(b)(8)(a) if it
is determined that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and is the minimum necessary to preserve the historic character and design of
the structure.
(2) Floodway Areas
(a) No modification or addition shall be allowed to any nonconforming structure or any structure with a
nonconforming use in a floodway area, unless such modification or addition:
(1) Has been granted a permit or variance which meets all ordinance requirements;
(2) Meets the requirements of s. 11.06(1);
(3) Shall not increase the obstruction to flood flows or regional flood height;
(4) Any addition to the existing structure shall be floodproofed, pursuant to s. 11.07(5), by means other than the
use of fill, to the flood protection elevation;
(5) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall
apply:
(a) The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and
exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net
area of at least one square
inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches
above the adjacent grade;
(b) The parts of the foundation located below the flood protection elevation must be constructed of
flood?resistant materials;
(c) Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation;
and
(d) The use must be limited to parking or limited storage.
(b) 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 a floodway area. 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, s. 11.07(5) and ch. SPS 383,
Wis. Adm. Code.
(c) No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway
area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable
requirements of all municipal ordinances, s. 11.07(5) and chs. NR 811 and NR 812, Wis. Adm. Code.
(3) Floodfringe Areas
(a) 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 the modification or addition shall be placed on fill or floodproofed to the flood protection
elevation in compliance with the standards for that particular use in s. 11.04(3), except where s. 11.06(3)(b) is
applicable.
(b) Where compliance with the provisions of par. (a) 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
Adjustment/Appeals, using the procedures established in s. 11.07(3), may grant a variance from those provisions
of par. (a) 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:
(1) No floor is allowed below the regional flood elevation for residential or commercial structures;
(2) Human lives are not endangered;
(3) Public facilities, such as water or sewer, will not be installed; (4) Flood depths will not exceed two feet;
(5) Flood velocities will not exceed two feet per second; and
(6) The structure will not be used for storage of materials as described in s. 11.04(3)(e).
(c) 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, 11.07(5)(c) and ch. SPS
383, Wis. Adm. Code.
(d) All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions
of this ordinance, 11.07(5)(c) and ch. NR
811 and NR 812, Wis. Adm. Code.
11.07 ADMINISTRATION. Where a zoning administrator, planning agency or a board of adjustment/appeals has
already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats.,
these officials shall also administer this ordinance.
(1) Zoning Administrator
(a) The zoning administrator is authorized to administer this ordinance and shall have the following duties and
powers:
(1) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure
that the regional flood elevation for the proposed development is shown on all permit applications.
(2) Issue permits and inspect properties for compliance with provisions of this ordinance, and issue certificates of
compliance where appropriate.
(3) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has
occurred.
(4) Keep records of all official actions such as:
(a) All permits issued, inspections made, and work approved; (b) Documentation of certified lowest floor and
regional flood
elevations for floodplain development;
(c) Floodproofing certificates.
(d) Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures
including changes, appeals, variances and amendments.
(e) All substantial damage assessment reports for floodplain structures.
(f) List of nonconforming structures and uses.
(5) Submit copies of the following items to the Department Regional office:
(a) Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations,
and map or text amendments;
(b) Copies of case by case analyses and other required information including an annual summary of floodplain
zoning actions taken.
(c) Copies of substantial damage assessments performed and all related correspondence concerning the
assessments.
(6) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and
attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
(7) Submit copies of text and map amendments to the FEMA Regional office.
(b) 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:
(1) General Information
(a) Name and address of the applicant, property owner and contractor;
(b) Legal description, proposed use, and whether it is new construction or a modification;
(2) Site Development Plan. A site plan drawn to scale shall be submitted with the permit application form and shall
contain:
(a) Location, dimensions, area and elevation of the lot;
(b) Location of the ordinary highwater mark of any abutting navigable waterways;
(c) Location of any structures with distances measured from the lot lines and street center lines;
(d) Location of any existing or proposed on?site sewage systems or private water supply systems;
(e) Location and elevation of existing or future access roads;
(f) Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
(g) The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted
study - either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
(h) Data sufficient to determine the regional flood elevation in NGVD or
NAVD at the location of the development and to determine whether or not the requirements of s. 11.03 or 11.04
are met; and
(i) Data to determine if the proposed development will cause an obstruction to flow or an increase in regional
flood height or discharge according to s. 11.02(1). This may include any of the information
noted in s. 11.03(3)(a).
(3) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT
All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer
registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All
studies shall be reviewed and approved by the Department.
(a) Zone A floodplains: (1) Hydrology
(a) The appropriate method shall be based on the
standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
(2) Hydraulic modeling. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis.
Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
(a) determination of the required limits of the hydraulic model shall be based on detailed study information for
downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
(b) channel sections must be surveyed.
(c) minimum four foot contour data in the overbanks shall be used for the development of cross section overbank
and floodplain mapping.
(d) a maximum distance of 500 feet between cross sections is allowed in developed areas with additional
intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at
each location.
(e) the most current version of HEC_RAS shall be used.
(f) a survey of bridge and culvert openings and the top of
road is required at each structure.
(g) additional cross sections are required at the downstream and upstream limits of the proposed development
and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
(h) standard accepted engineering practices shall be used when assigning parameters for the base model such as
flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be
calibrated to past flooding data such as high water marks to determine the reasonableness of the model results.
If no historical data is available, adequate justification shall be provided for any parameters outside standard
accepted engineering practices.
(i) the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in
order to provide a tie?in to existing studies. The height difference between the proposed flood profile and the
existing study profiles shall be no more than 0.00 feet.
(3) Mapping. A work map of the reach studied shall be provided, showing all cross section locations,
floodway/floodplain limits based on best available topographic data, geographic limits of the proposed
development and whether the proposed development is located in the floodway.
(a) If the proposed development is located outside of the floodway, then it is determined to have no impact on the
regional flood elevation.
(b) If any part of the proposed development is in the floodway, it must be added to the base model to show the
difference between existing and proposed conditions. The study must ensure that all coefficients remain the same
as in the existing model, unless adequate justification based on standard accepted engineering practices is
provided.
(b) Zone AE Floodplains
(1) Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall
be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
(2) Hydraulic model. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin.
Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
(a) Duplicate Effective Model. The effective model shall be reproduced to ensure correct transference of the
model data and to allow integration of the revised data to provide a continuous FIS model upstream and
downstream of the revised reach. If data from the effective model is available, models shall be generated that
duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
(b) Corrected Effective Model. The Corrected Effective Model shall not include any man?made physical changes
since the effective model date, but shall import the model into the most current version of HEC? RAS for
Department review.
(c) Existing (Pre?Project Conditions) Model. The Existing Model shall be required to support conclusions about the
actual impacts of the project associated with the Revised (Post?Project) Model or to establish more up?to?date
models on which to base the Revised (Post? Project) Model.
(d) Revised (Post?Project Conditions) Model. The Revised (Post?Project Conditions) Model shall incorporate the
Existing Model and any proposed changes to the topography caused by the proposed development. This model
shall reflect proposed conditions.
(e) All changes to the Duplicate Effective Model and subsequent models must be supported by certified
topographic information, bridge plans, construction plans and survey notes.
(f) Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested.
Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model
and result in water surface elevations and topwidths computed by the revised models matching those in the
effective models upstream and downstream of the revised reach as required. The Effective Model shall not be
truncated.
(3) Mapping. Maps and associated engineering data shall be submitted to the
Department for review which meet the following conditions:
(a) Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the
revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs),
construction plans, bridge plans.
(b) Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable
items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily
revised.
(c) Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.
(d) If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting
documentation or metadata must be included with the data submission along with the Universal Transverse
Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
(e) The revised floodplain boundaries shall tie into the effective floodplain boundaries.
(f) All cross sections from the effective model shall be labeled in accordance with the effective map and a cross
section lookup table shall be included to relate to the model input numbering scheme.
(g) Both the current and proposed floodways shall be shown on the map. (h) The stream centerline, or profile
baseline used to measure stream
distances in the model shall be visible on the map.
(4) EXPIRATION. All permits issued under the authority of this ordinance shall expire no more than 180 days after
issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.
(c) Certificate of Compliance. No land shall be occupied or used, and no building which is hereafter constructed,
altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is
issued by the zoning administrator, except where no permit is required, subject to the following provisions:
(1) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use,
conform to the provisions of this ordinance;
(2) Application for such certificate shall be concurrent with the application for a permit;
(3) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written
notification that the permitted work is completed;
(4) The applicant shall submit a certification signed by a registered professional engineer, architect or land
surveyor that the fill, lowest floor and
floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require
certification by a registered professional engineer or architect that the requirements of s. 11.07(5) are met.
(d) Other Permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary
permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps
of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
(2) Zoning Agency
(a) The Ferryville Plan Commission shall:
(1) oversee the functions of the office of the zoning administrator; and
(2) review and advise the Governing body on all proposed amendments to this ordinance, maps and text.
(b) This Ferryville Plan Commission shall not
(1) grant variances to the terms of the ordinance in place of action by the Board of Adjustment/Appeals; or
(2) amend the text or zoning maps in place of official action by the Governing body.
(3) Board of Adjustment/Appeals. The Board of Adjustment/Appeals, created under s. 59.694, Stats., for counties
or s. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or
shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by
Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator may not be the
secretary of the Board.
(a) Powers and Duties. The Board of Adjustment/Appeals shall:
(1) Appeals ? Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or
determination made by an administrative official in the enforcement or administration of this ordinance.
(2) Boundary Disputes ? Hear and decide disputes concerning the district boundaries shown on the official
floodplain zoning map.
(3) Variances ? Hear and decide, upon appeal, variances from the ordinance standards.
(b) Appeals to the Board
(1) Appeals to the board may be taken by any person aggrieved, or by any officer or department of the
municipality affected by any decision of the zoning
administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided
by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of
appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board
all records regarding the matter appealed.
(2) Notice and Hearing for Appeals Including Variances
(a) Notice ? The board shall:
(1) Fix a reasonable time for the hearing;
(2) Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the
hearing;
(3) Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10
days in advance of the hearing.
(b) Hearing ? Any party may appear in person or by agent. The board shall:
(1) Resolve boundary disputes according to s. 11.07(3)(c). (2) Decide variance applications according to s.
11.07(3)(d). (3) Decide appeals of permit denials according to s. 11.07(4).
(3) Decision: The final decision regarding the appeal or variance application shall:
(a) Be made within a reasonable time;
(b) Be sent to the Department Regional office within 10 days of the decision;
(c) Be a written determination signed by the chairman or secretary of the
Board;
(d) State the specific facts which are the basis for the Board's decision;
(e) Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or
in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application;
(f) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case
of a variance, clearly stated
in the recorded minutes of the Board proceedings.
(c) Boundary Disputes. The following procedure shall be used by the Board in hearing disputes concerning
floodplain district boundaries:
(1) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood
elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.
(2) The person contesting the boundary location shall be given a
reasonable opportunity to present arguments and technical evidence to the
Board.
(3) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting
the boundary location to petition the governing body for a map amendment according to s. 11.08 Amendments.
(d) Variance
(1) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant
convincingly demonstrates that:
(a) Literal enforcement of the ordinance provisions will cause unnecessary hardship;
(b) The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to
adjacent lots or premises. In such case the ordinance or map must be amended;
(c) The variance is not contrary to the public interest; and
(d) The variance is consistent with the purpose of this ordinance in s.
11.01(3).
(2) In addition to the criteria in par. (1), to qualify for a variance under FEMA
regulations, the following criteria must be met:
(a) The variance shall not cause any increase in the regional flood elevation;
(b) Variances can only be granted for lots that are less than one?half acre and are contiguous to existing
structures constructed below the RFE;
(c) Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief
necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and
relief efforts and shall not be contrary to the purpose of the ordinance.
(3) A variance shall not:
(a) Grant, extend or increase any use prohibited in the zoning district. (b) Be granted for a hardship based solely
on an economic gain or loss. (c) Be granted for a hardship which is self?created.
(d) Damage the rights or property values of other persons in the area.
(e) Allow actions without the amendments to this ordinance or map(s)
required in s. 11.08 Amendments; and.
(f) Allow any alteration of an historic structure, including its use, which would preclude its continued designation
as an historic structure.
(4) When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks
to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy
shall be maintained with the variance record.
(4) To Review Appeals of Permit Denials
(a) The Zoning Agency s. 11.07(2) or Board shall review all data related to the appeal.
This may include:
(1) Permit application data listed in s. 11.07(1)(b)).
(2) Floodway/floodfringe determination data in s. 11.05(4).
(3) Data listed in s. 11.03(3)(a)(2) where the applicant has not submitted this information to the zoning
administrator.
(4) Other data submitted with the application, or submitted to the Board with the appeal.
(b) For appeals of all denied permits the Board shall: (1) Follow the procedures of s. 11.07(3);
(2) Consider zoning agency recommendations; and
(3) Either uphold the denial or grant the appeal.
(c) For appeals concerning increases in regional flood elevation the Board shall:
(1) Uphold the denial where the Board agrees with the data showing an increase
in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate
legal arrangements are made with all adversely affected property owners as per the requirements of s. 11.08
Amendments; and
(2) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause
an increase provided no other reasons for denial exist.
(5) Floodproofing
(a) No permit or variance shall be issued for a non?residential 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.
(b) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the
applicant submits a plan either:
(1) certified by a registered professional engineer or architect; or
(2) meets or exceeds the following standards:
(a) 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;
(b) the bottom of all openings shall be no higher than one foot above grade; and
(c) openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(c) Floodproofing measures shall be designed, as appropriate, to:
(1) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
(2) Protect structures to the flood protection elevation;
(3) Anchor structures to foundations to resist flotation and lateral movement; (4) Minimize or eliminate infiltration
of flood waters; and
(5) Minimize or eliminate discharges into flood waters.
(6) Publi
(a) c Information
Place marks on structures to show the depth of inundation during the regional
flood.
(b)
All maps, engineering data and regulations shall be available and widely distributed.
(c)
All real estate transfers should show what floodplain zoning district any real property is in.
11.08 Amendments
(1) Obstructions or increases may only be permitted if amendments are made to this ordinance, the official
floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 11.08(2).
(a) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant
receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official
floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 11.08(2). Any such
alterations must be reviewed and approved by FEMA and the DNR.
(b) In A Zones increases equal to or greater than 1.0 foot may only be permitted
if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this
ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 11.08(2).
(2) GENERAL. The governing body shall change or supplement the floodplain zoning district boundaries and this
ordinance in the manner outlined in s. 11.08(3) below. Actions which require an amendment to the ordinance and/
or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
(a) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
(b) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
(c) Any changes to any other officially adopted floodplain maps listed in
11.01(5)(b)(2);
(d) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection
elevation and is contiguous to land lying outside the floodplain;
(e) Correction of discrepancies between the water surface profiles and floodplain maps;
(f) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise
required by law, or for changes by the municipality; and
(g) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the
floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
(3) PROCEDURES. Ordinance amendments may be made upon petition of any party according to the provisions of s.
62.23, Stats., for cities and villages, or 59.69, Stats., for counties. The petitions shall include all data required by
s. 11.05(4) and
11.07(1)(b). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the
proposed changes.
(a) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to
the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional
office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23,
Stats., for cities and villages or s. 59.69, Stats., for counties.
(b) No amendments shall become effective until reviewed and approved by the
Department.
(c) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood
height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected
property owners and notify local units of government before the amendment can be approved by the governing
body.
11.09 ENFORCEMENT AND PENALTIES.
(1) Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the
municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to
the
municipality a penalty of $50.00 (fifty dollars), together with a taxable cost of such
action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a
public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the
municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats.
11.10 DEFINITIONS. Unless specifically defined, words and phrases in this ordinance shall have their common law
meaning and shall be applied in accordance with their common usage. Words used in the present tense include the
future, the singular number includes the plural and the plural number includes the singular. The word "may" is
permissive; "shall" is mandatory and is not discretionary.
(1) "A ZONES" ? those areas shown on the Official Floodplain Zoning Map which would be inundated by the
regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective
of flood profiles, depending on the availability of data for a given area.
(2) AH ZONE - See "AREA OF SHALLOW FLOODING". (3) AO ZONE - See "AREA OF SHALLOW FLOODING".
(4) "ACCESSORY STRUCTURE OR USE" ? A facility, structure, building or use which is accessory or incidental to the
principal use of a property, structure or building.
(5) ALTERATION - An enhancement, upgrading or substantial change or modifications other than an addition or
repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a
structure.
(6) AREA OF SHALLOW FLOODING - A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood
Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3
feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where
velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
(7) "BASE FLOOD" ? Means the flood having a one percent chance of being equaled
or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
(8) "BASEMENT" ? Any enclosed area of a building having its floor sub?grade, i.e., below ground level, on all sides.
(9) "BUILDING" ? See STRUCTURE.
(10) "BULKHEAD LINE" ? A geographic line along a reach of navigable water that has been adopted by a municipal
ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between
this
bulkhead line and the original ordinary high?water mark, except where such filling is prohibited by the floodway
provisions of this ordinance.
(11) "CAMPGROUND" ? Any parcel of land which is designed, maintained, intended or used for the purpose of
providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or
represented as a camping area.
(12) "CAMPING UNIT" ? Any portable device, no more than 400 square feet in area, used as a temporary shelter,
including but not limited to a camping trailer, motor home, bus, van, pick?up truck, tent or other mobile
recreational vehicle that is fully licensed, if required, and ready for highway use.
(13) "CERTIFICATE OF COMPLIANCE" ? A certification that the construction and the use of land or a building, the
elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
(14) "CHANNEL" - A natural or artificial watercourse with definite bed and banks to confine and conduct normal
flow of water.
(15) "CRAWLWAYS" OR "CRAWL SPACE" ? An enclosed area below the first usable floor of a building, generally less
than five feet in height, used for access to plumbing and electrical utilities.
(16) "DECK" - An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows
the infiltration of precipitation.
(17) "DEPARTMENT" ? The Wisconsin Department of Natural Resources.
(18) "DEVELOPMENT" ? Any artificial change to improved or unimproved real estate, including, but not limited to,
the construction of buildings, structures or accessory structures; the construction of additions or alterations to
buildings, structures or accessory structures; the repair of any damaged structure or the improvement or
renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or
structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or
drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or
removal of public or private sewage disposal systems or water supply facilities.
(19) "DRYLAND ACCESS" ? A vehicular access route which is above the regional
flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road
with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
(20) "ENCROACHMENT" ? Any fill, structure, equipment, building, use or development in the floodway.
(21) "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" ? A parcel of land, divided into two or more
manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed
before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads
(22) "EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK" ? The preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes
installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
(23) "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" ? The federal agency that administers the National
Flood Insurance Program.
(24) "FLOOD INSURANCE RATE MAP" (FIRM) ? A map of a community on which the Federal Insurance
Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones
applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
(25) "FLOOD" or "FLOODING" - A general and temporary condition of partial or complete inundation of normally
dry land areas caused by one of the following conditions:
(a) The overflow or rise of inland waters,
(b) The rapid accumulation or runoff of surface waters from any source,
(c) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of
Lake Michigan or Lake Superior, or
(d) The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
(26) "FLOOD FREQUENCY" ? The probability of a flood occurrence which is determined from statistical analyses.
The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified
number of years or as a percent (%) chance of occurring in any given year.
(27) "FLOODFRINGE" ? That portion of the floodplain outside of the floodway which is covered by flood waters
during the regional flood and associated with standing water rather than flowing water.
(28) "FLOOD HAZARD BOUNDARY MAP" ? A map designating approximate flood hazard areas. Flood hazard areas
are designated as unnumbered A?Zones and do not contain floodway lines or regional flood elevations. This map
forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP)
until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
(29) "FLOOD INSURANCE STUDY" ? A technical engineering examination, evaluation, and determination of the local
flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both
flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are
designated as numbered and unnumbered A?Zones. Flood Insurance Rate Maps, that accompany the Flood
Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance
Program.
(30) "FLOODPLAIN" ? Land which has been or may be covered by flood water during the regional flood. It includes
the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.
(31) "FLOODPLAIN ISLAND" ? A natural geologic land formation within the floodplain that is surrounded, but not
covered, by floodwater during the regional flood.
(32) "FLOODPLAIN MANAGEMENT" ? Policy and procedures to insure wise use of floodplains, including mapping
and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
(33) "FLOOD PROFILE" ? A graph or a longitudinal profile line showing the relationship of the water surface
elevation of a flood event to locations of land surface elevations along a stream or river.
(34) "FLOODPROOFING" ? Any combination of structural provisions, changes or adjustments to properties and
structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing
or eliminating flood damage.
(35) "FLOOD PROTECTION ELEVATION" ? An elevation of two feet of freeboard above the water surface profile
elevation designated for the regional flood. (Also see: FREEBOARD.)
(36) "FLOOD STORAGE" ? Those floodplain areas where storage of floodwaters has been taken into account during
analysis in reducing the regional flood discharge.
(37) "FLOODWAY" ? The channel of a river or stream and those portions of the floodplain adjoining the channel
where water is moving during a flood event and which is required to carry the regional flood discharge.
(38) "FREEBOARD" ? A safety factor expressed in terms of a specified number of feet above a calculated flood
level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice
jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of
watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream
bed.
(39) "HABITABLE STRUCTURE" ? Any structure or portion thereof used or designed for human habitation.
(40) "HEARING NOTICE" ? Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1
notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and
amendments, a Class
2 notice, published twice, once each week consecutively, the last at least a week (7
days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
(41) "HIGH FLOOD DAMAGE POTENTIAL" ? Damage that could result from flooding that includes any danger to life
or health or any significant economic loss to a structure or building and its contents.
(42) HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
(43) "HISTORIC STRUCTURE" ? Any structure that is either:
(a) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on the National Register,
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district,
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of the
Interior, or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs
that have been certified either by an approved state program, as determined by the Secretary of the Interior; or
by the Secretary of the Interior in states without approved programs.
(44) "INCREASE IN REGIONAL FLOOD HEIGHT" ? A calculated upward rise in the regional flood elevation, equal to
or greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly
attributable to
development in the floodplain but not attributable to manipulation of mathematical variables such as roughness
factors, expansion and contraction coefficients and discharge.
(45) "LAND USE" ? Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)
(46) LOWEST ADJACENT GRADE - Elevation of the lowest ground surface that touches any of the exterior walls of a
building.
(47) LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render
the structure in violation of the applicable non?elevation design requirements of 44 CFR 60.3.
(48) MAINTENANCE - The act or process of restoring to original soundness, including redecorating, refinishing,
non structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
(49) "MANUFACTURED HOME" ? A structure transportable in one or more sections, which is built on a permanent
chassis and is designed to be used with or without a permanent foundation when connected to required utilities.
The term
"manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
(50) MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land, divided into
two or more manufactured home lots for rent or sale.
(51) MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING - A parcel of land, divided into two or more
manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed
before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads.
(52) MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING - The preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes
installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
(53) "MOBILE RECREATIONAL VEHICLE" ? A vehicle which is built on a single chassis, 400 square feet or less when
measured at the largest horizontal projection, designed to be self?propelled, carried or permanently towable by a
licensed, light?duty vehicle, is licensed for highway use if registration is required and is designed primarily not
for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal
use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being
towed or carried, including park model homes, do not fall within the definition of "mobile recreational
vehicles."
(54) MODEL, CORRECTED EFFECTIVE - A hydraulic engineering model that corrects any errors that occur in the
Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates
more detailed topographic information than that used in the current effective model.
(55) MODEL, DUPLICATE EFFECTIVE - A copy of the hydraulic analysis used in the effective FIS and referred to as
the effective model.
(56) MODEL, EFFECTIVE - The hydraulic engineering model that was used to produce the current effective Flood
Insurance Study.
(57) MODEL, EXISTING (PRE?PROJECT) - A modification of the Duplicate Effective Model or Corrected Effective
Model to reflect any man made modifications that have occurred within the floodplain since the date of the
effective model but prior to the construction of the project for which the revision is being requested. If no
modification has occurred since the date of the effective model, then this model would be identical to the
Corrected Effective Model or Duplicate Effective Model.
(58) MODEL, REVISED (POST?PROJECT) - A modification of the Existing or Pre?Project Conditions Model, Duplicate
Effective Model or Corrected Effective Model to reflect revised or post?project conditions.
(59) "MUNICIPALITY" or "MUNICIPAL" ? The county, city or village governmental units enacting, administering
and enforcing this zoning ordinance.
(60) "NAVD" or "NORTH AMERICAN VERTICAL DATUM" - Elevations referenced to mean sea level datum, 1988
adjustment.
(61) "NGVD" or "NATIONAL GEODETIC VERTICAL DATUM" ? Elevations referenced to mean sea level datum, 1929
adjustment.
(62) "NEW CONSTRUCTION" ? For floodplain management purposes, "new construction" means structures for
which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted
by this community and includes any subsequent improvements to such structures. For the purpose of determining
flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures.
(63) "NONCONFORMING STRUCTURE" ? An existing lawful structure or building which is not in conformity with the
dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For
example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest
floor is lower than the flood protection elevation, the structure is nonconforming.)
(64) "NONCONFORMING USE" ? An existing lawful use or accessory use of a structure or building which is not in
conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a
residence in the floodway.)
(65) "OBSTRUCTION TO FLOW" ? Any development which blocks the conveyance of floodwaters such that this
development alone or together with any future development will cause an increase in regional flood height.
(66) "OFFICIAL FLOODPLAIN ZONING MAP" ? That map, adopted and made part of this ordinance, as described in s.
11.01(5)(b), which has been approved by the Department and FEMA.
(67) "OPEN SPACE USE" ? Those uses having a relatively low flood damage potential and not involving structures.
(68) "ORDINARY HIGHWATER MARK" ? The point on the bank or shore up to which the presence and action of
surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of
terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
(69) "PERSON" ? An individual, or group of individuals, corporation, partnership, association, municipality or state
agency.
(70) "PRIVATE SEWAGE SYSTEM" ? A sewage treatment and disposal system serving one structure with a septic
tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage
system approved by the Department of Safety and Professional Services, including a substitute for the septic tank
or soil absorption field, a holding tank, a system serving more than one structure or a system located on a
different parcel than the structure.
(71) "PUBLIC UTILITIES" ? Those utilities using underground or overhead transmission lines such as electric,
telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
(72) "REASONABLY SAFE FROM FLOODING" ? Means base flood waters will not inundate the land or damage
structures to be removed from the special flood hazard area
and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
(73) "REGIONAL FLOOD" ? A flood determined to be representative of large floods known to have occurred in
Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year,
and if depicted on the FIRM, the
RFE is equivalent to the BFE.
(74) "START OF CONSTRUCTION" ? The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond
initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or
walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of
temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of
construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
(75) "STRUCTURE" ? Any manmade object with form, shape and utility, either permanently or temporarily
attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and
walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
(76) "SUBDIVISION" ? Has the meaning given in s. 236.02(12), Wis. Stats.
(77) "SUBSTANTIAL DAMAGE" ? Damage of any origin sustained by a structure, whereby
the cost of restoring the structure to its pre?damaged condition would equal or exceed 50 percent of the
equalized assessed value of the structure before the damage occurred.
(78) SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, rehabilitation, addition or improvement of a
building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the
structure before the improvement or repair is started. If the structure has sustained substantial damage, any
repairs are considered substantial improvement regardless of the work performed. The term does not, however,
include either any project for the improvement of a building required to correct existing health, sanitary or safety
code violations identified by the building official and that are the minimum necessary to assure safe living
conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure.
(79) "UNNECESSARY HARDSHIP" ? Where special conditions affecting a particular property, which were not
self?created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
(80) "VARIANCE" ? An authorization by the board of adjustment or appeals for the construction or maintenance of
a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the
floodplain zoning ordinance.
(81) "VIOLATION" ? The failure of a structure or other development to be fully compliant with the floodplain
zoning ordinance. A structure or other development without required permits, lowest floor elevation
documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in
violation until such time as that documentation is provided.
(82) "WATERSHED" ? The entire region contributing runoff or surface water to a watercourse or body of water.
(83) "WATER SURFACE PROFILE" ? A graphical representation showing the elevation of
the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A
water surface profile of the regional flood is used in regulating floodplain areas.
(84) "WELL" ? means an excavation opening in the ground made by digging, boring, drilling, driving or other
methods, to obtain groundwater regardless of its intended use.
Repealed and re-created 9/16/2015 Effective 10/16/2015 with DNR & FEMA approvals.
