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Chapter 7 Section 3

SECTION      7.0300       ZONING DISTRICTS

7.0301    ESTABLISHMENT OF ZONING DISTRICTS

A. For the purpose of this Ordinance the Village of River Hills is hereby divided into the following 5 basic zoning districts:

R-1      Residential District

R-2      Residential District

R-3      Residential District

SW      Shoreland-Wetland District

NSW   Nonshoreland-Wetland District

Provisions are also set forth for floodland regulations.

B. Boundaries of these districts are hereby established as shown on the map titled “Zoning Map–Village of River Hills, Milwaukee County, Wisconsin,” dated August 4, 1958, as amended, which accompanies and is herein made a part of this Ordinance. All notations and references shown on the zoning map are as much a part of this Ordinance as though specifically described herein.  This Ordinance hereby incorporates herein any future changes or any later zoning maps that may be adopted by ordinance of the Village Board.

C. The District Boundaries in the R-1, R-2, and R-3 Districts shall be construed to follow: corporate limits; U. S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended. District boundaries in the SW and NSW Districts shall be as described in Subsection 7.0307.C.

D. Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

7.0302    ZONING MAP

A. A certified copy of the zoning map shall be kept in the office of the Village Clerk and shall be available for inspection by any interested person during regular office hours. Such certified copy shall bear on its face the certification that it is a true copy of the zoning map described in and accompanying this ordinance.  Such certificate shall show the date of adoption of this ordinance and shall be signed by the Village President and attested by the Village Clerk.  Thereafter no amendment which affects a change in the boundaries of any district, or establishes any new district or districts, shall become effective until such changes or new boundaries shall have been indicated by the appropriate convention on the aforesaid certified copy of the zoning map and described in a certificate placed thereon or attached thereto.  Such additional certificate shall also bear the number and date of adoption of the amending ordinance and shall likewise be signed by the Village President and attested by the Village Clerk.

B. Determination of Boundaries

1. Subdivided Areas. Where land has been subdivided into lots and blocks, unless otherwise indicated, the district boundary lines are intended to follow the center lines of streets, boulevards, highways, or such lines extended.  Boundary lines within blocks are intended to follow lot lines.

2.Unsubdivided Areas. In unsubdivided land, unless otherwise indicated, district boundary lines are intended to follow the centerlines of streets, highways, section lines, and other quarter section lines, or such lines extended. Whenever a portion of any district is indicated upon the zoning map as a strip paralleling an opened or unopened street or highway, where the above definition does not apply, the width of this strip, unless otherwise indicated, shall be determined by use of the scale shown on such zoning map.

3.District Boundary Lines to be Resolved by Village Board. Questions concerning the exact location of district boundary lines, which cannot be resolved by the application of subsections 1 and 2 above, shall be determined by the Village Board.

7.0303   R-1 RESIDENTIAL DISTRICT

A. Principal Uses:

1.Single-family dwellings and buildings accessory thereto.

2.Community living arrangements having a capacity of 8 or fewer, as may be required by state statutes.

3.Foster homes and treatment foster homes having no more than 4 foster children, as may be required by state statutes.

4.Adult family homes having a capacity of no more than 4 persons, as may be required by state statutes.

B. Accessory Uses:

Accessory uses may be permitted as set forth in Section 7.0504.

C. Special Uses:

        Special uses may be permitted as set forth in Section 7.0804.

D. Lot Area:

Lots shall have a minimum area of 5 acres.

E. Setbacks:

1.Front yard: 100 feet from lot line, except as permitted in Section 7.0503.

2.Side yard:   75 feet.

3.Rear yard:   75 feet.

7.0304   R-2 RESIDENTIAL DISTRICT

A. Principal Uses:

1.Single-family dwellings and buildings accessory thereto.

2.Community living arrangements having a capacity of 8 or fewer, as may be required by state statutes.

3. Foster homes and treatment foster homes having no more than 4 foster children, as may be required by state statutes.

4.Adult family homes having a capacity of no more than 4 persons, as may be required by state statutes.

B. Accessory Uses:

Accessory uses may be permitted as set forth in Section 7.0504.

C. Special Uses:

Special uses may be permitted as set forth in Section 7.0804.

D. Lot Area:

Lots shall have a minimum area of 2 acres.

E. Setbacks:

1.Front yard: 100 feet from lot line, except as permitted in Section 7.0503.

2.Side yard:   50 feet.

3.Rear yard:   50 feet.

7.0305   R-3 RESIDENTIAL DISTRICT

A. Principal Uses:

1.Single-family dwellings and buildings accessory thereto.

2.Community living arrangements having a capacity of 8 or fewer, as may be required by state statutes.

3.Foster homes and treatment foster homes having no more than 4 foster children, as may be required by state statutes.

4.Adult family homes having a capacity of no more than 4 persons, as may be required by state statutes.

B. Accessory Uses:

Accessory uses may be permitted as set forth in Section 7.0504.

C. Special Uses:

         Special uses may be permitted as set forth in Section 7.0804.

D. Lot Area:

Lots shall have a minimum area of 1 acre.

E. Setbacks:

1.Front yard: 100 feet from lot line, except as permitted in Section 7.0503.

2.Side yard:   30 feet.

3.Rear yard:   30 feet.

7.0306    FLOODLAND REGULATIONS

SECTION ISection 7.0306 of the Zoning Ordinance of the Village of River Hills entitled “Floodland Regulations” is hereby repealed and recreated to read as follows:

A.  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 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 floodplains;

(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 Section shall be known as the “ Floodplain Zoning Regulations” for the Village of River Hills, Wisconsin and shall be referred to as either “this section” or ‘this ordinance” throughout this Section.

(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 Village of River Hills Floodplain Appendix, including the prior amendments to the Floodplain zoning maps are hereby made part of this ordinance.  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, Village of River Hills. If more than one map or revision is referenced, the most restrictive information shall apply.

OFFICIAL MAPS: Based on the Milwaukee County Flood Insurance Study (FIS), dated (September, 2008), volume numbers (55079CV001A, 55079CV002A, 55079CV003A, 55079CV004A, 55079CV005A)

(1)      Milwaukee County Flood Insurance Rate Map (FIRM), panel numbers (55079C0029E, 55079C0033E, 55079C0037E, 55079C0041E, and 55079C0043E) dated September 26, 2008; with corresponding profiles that are based on the FIS.

(c)      ESTABLISHMENT OF DISTRICTS

The regional floodplain areas are divided into three 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 floodwater during the regional flood.

(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 Subsection 7.0306.H.  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 Subsection 7.0306.G(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 Subsection 7.0306.H(1)(f).

(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 Subsection 7.0306.H.

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 s. 61.35; 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 scientific 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. Nor does this ordinance 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)      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.

 B.   GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS

(1)    HYDRAULIC AND HYDROLOGIC ANALYSES

(a)      Except, as allowed in par. (c) below, no floodplain development shall:

(1)      Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or

(2)      Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot.

(b)      The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of par. (c) below are met.

(c)      Obstructions or increases equal to or greater than 0.01 foot 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 Subsection 7.0306.H.

Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map.  Any such alterations must be reviewed and approved by FEMA and the DNR.

(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 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, the zoning administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.

(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 floodway lines, water surface profiles, BFE’s established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to Subsection 7.0306.H.

C.   FLOODWAY DISTRICT (FW)

(1)      APPLICABILITY

This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Subsection 7.0306.E(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 this section or any other ordinance, meet the standards for development in the following subparagraph (3), and all required permits or certificates have been issued:

(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 Subsection 7.0306.C(3)(d).

(d)     Uses or structures accessory to open space uses, or classified as historic structures that comply with Subsections 7.0306.C(3) and (4).

(e)      Extraction of sand, gravel or other materials that comply with Subsection         7.0306.C(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 Subsection 7.0306.C(3)(c).

(3)      STANDARDS FOR DEVELOPMENTS IN FLOODWAY AREAS

(a)      GENERAL

(1)      Any development in floodway areas shall comply with Subsection 7.0306.B and have a low flood damage potential.

(2)      Applicants shall provide the following data to determine the effects of the proposal pursuant to Subsection 7.0306.B(1):

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 increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for par. (2) immediately 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)      The structure is not designed for human habitation and does not have a high flood damage potential

(2)      It must be anchored to resist flotation, collapse, and lateral movement;

(3)      Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and

(4)      It must not obstruct flow of floodwaters 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 Subsection 7.0306.B(1).

(d)     FILLS OR DEPOSITION OF MATERIALS

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

(1)      The requirements of Subsection 7.0306.B(1) are met;

(2)      No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to 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 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. COMM 83, Wis. Adm. Code;

(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.

D.    FLOODFRINGE DISTRICT (FF)

(1)      APPLICABILITY

This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Subsection 7.0306.E(4).

(2)      PERMITTED USES

Any structure, land use, or development is allowed in the floodfringe district if the standards in Subsection 7.0306.D(3) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Subsection 7.0306.G(1) have been issued.

(3)      STANDARDS FOR DEVELOPMENT IN FLOODFRINGE AREAS

                    Subsection 7.0306.B(1) shall apply in addition to the following requirements according to the use requested.

(a)      RESIDENTIAL USES

Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or exceed the following standards;

(1)      The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill.  The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.  The Department may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical;

(2)      The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation.  No basement or crawlway floor is allowed below the regional flood elevation;

(3)      Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in par. (4) immediately below.

(4)      In developments where existing street or sewer line elevations make compliance with par. (3), immediately above, impractical, the municipality may permit new development and substantial improvements where access roads are at or 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 natural disaster plan approved by Wisconsin Emergency Management and the Department.

 (b)      ACCESSORY STRUCTURES OR USES

(1)      Except as provided in par.(2) below, an accessory structure  which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.

(2)      An accessory structure which is not connected to the principal structure and       which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of Subsections 7.0306.C(3)(b)(1)-(4) and 7.0306.D(3)(e).

(c)      COMMERCIAL USES

Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of  Subsection 7.0306.D(3)(a).  Subject to the requirements of Subsection 7.0306.D(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 area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures in Subsection 7.0306.G(5).  Subject to the requirements of  Subsection 7.0306.D(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 Subsection 7.0306.G(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       and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with Subsection 7.0306.G(5) to the flood protection elevation;

(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 on‑site sewage disposal systems shall be floodproofed, pursuant to Subsection 7.0306.G(5), to the flood protection elevation and shall meet the provisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.

(h)      WELLS

All wells shall be floodproofed, pursuant to Subsection 7.0306.G(5), 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)       DEPOSIT 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 Subsection 7.0306.D(3)(a).

E.   GENERAL FLOODPLAIN DISTRICT (GFP)

(1)      APPLICABILITY

The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated.  Floodway and floodfringe districts shall be delineated when adequate data is available.

 (2)      PERMITTED USES

Pursuant to Subsection 7.0306.E(4), it shall be determined whether the proposed use is located within a floodway or floodfringe area.

Those uses permitted in floodway and floodfringe areas are allowed within the general floodplain district, according to the standards of Subsection 7.0306.E(3), provided that all   permits or certificates required under Subsection 7.0306.G(1) have been issued.

 (3)      STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT

Subsection 7.0306.C applies to floodway areas and Subsection 7.0306.D applies to floodfringe areas.  The rest of this ordinance applies to either district.

(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;

(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 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;

(2)      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;

(3)      Profile showing the slope of the bottom of the channel or flow line of the stream;

(4)      Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

(c)      Transmit one copy of the information described in pars. (1) and (2) immediately above to the Department Regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data.  Where the provisions of Subsection 7.0306.G(1)(b)(3) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

F.   NONCONFORMING USES

(1)      GENERAL

(a)      APPLICABILITY

If these standards conform with 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;

(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 Subsection 7.0306.D(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)

1. Except as provided in subd. 2., immediately below, 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.

2. For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming        building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum         requirements under applicable FEMA regulations (44 CFR Part 60), or the           regulations promulgated thereunder.

(6)      A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with Subsection 7.0306.C(3)(a), flood resistant materials are used, and construction practices and floodproofing methods  that comply with Subsection 7.0306.G(5) are used.

(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 Subsection 7.0306.F(1);

(3)      Will not increase the obstruction to flood flows or regional flood height;

(4)      Any addition to the existing structure shall be floodproofed, pursuant to Subsection 7.0306.G(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 and ch. COMM 83, 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 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 Subsection 7.0306.D(3)                    except where Subsection 7.0306.F(3)(b) is applicable

(b)      Where compliance with the provisions of par. (a) above would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in Subsection 7.0306.G(3), may grant a variance from those provisions of par. (a) above for modifications or additions, using the criteria listed below.  Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

(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 Subsection 7.0306.D(3)(e).

(c)      If neither the provisions of par. (a) or (b) above can be met, one addition to an  existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition:

(1)      Meets all other regulations and will be granted by permit or variance;

(2)      Does not exceed 60 square feet in area; and

(3)      In combination with other previous modifications or additions to the building,   does not equal or exceed 50% of the present equalized assessed value of the building.

(d)     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 and ch. COMM 83, Wis. Adm. Code.

(e)      All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this ordinance and ch. NR 811 and NR 812, Wis. Adm. Code.

G.  ADMINISTRATION

Where a zoning administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under 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 all damaged floodplain structures and perform a substantial damage assessment 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.   Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

d.   All substantial damage assessment reports for floodplain structures.

                              (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 any case‑by‑case analyses, and any other information required   by the Department including an annual summary of the number and types of floodplain zoning actions taken.

c.   Copies of substantial damage assessments performed and all related  correspondence concerning the assessments.

Note:  Information on conducting substantial damage assessments is available on the DNR website – http://dnr.wi.gov/org/water/wm/dsfm/flood/title.htm

(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 and biennial reports to the FEMA  Regional office.

(b)      LAND USE PERMIT

A land use permit shall be obtained before any new development or any structural repair 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 centerlines;

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 Subsections 7.0306.C or 7.0306.D 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 Subsection 7.0306.B(1).  This may include any of the information noted in Subsection 7.0306.C(3)(a).

(3)      DATA REQUIREMENTS TO ANALYZE DEVELOPMENTS

a. The applicant shall provide all survey data and computations required to   show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals, as “subdivision” is defined in s. 236, Stats., and other proposed developments exceeding 5 acres in area or where the estimated cost exceeds $125,000.  The applicant shall provide:

1.An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity;

2. A map showing location and details of vehicular access to lands  outside the floodplain; and

3.   A surface drainage plan showing how flood damage will be minimized.

The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and  other pertinent items, but need not include land costs.

(4)      EXPIRATION

All permits issued under the authority of this ordinance shall expire 180 days     after issuance.

(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 floodproofing measures meet the requirements of                                     Subsection 7.0306.G(5).

(d)     OTHER PERMITS

The applicant must secure all necessary permits from federal, state, and local    agencies, including 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 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 zoning agency shall not

(1)      grant variances to the terms of the ordinance in place of action by the Board of Appeals; or

(2)      amend the text or zoning maps in place of official action by the Governing  body.

(3)      BOARD OF APPEALS

The Board of Appeals, created under Section 7.1000 and s. 62.23(7)(e), Stats. is hereby authorized 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 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 Subsection 7.0306.G(3)(c).

2. Decide variance applications according to Subsection  7.0306.G(3)(d).

3. Decide appeals of permit denials according to Subsection  7.0306.G(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)      In all cases, 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 Subsection 7.0306.H.

(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 Subsection 7.0306.A(3).

(2)      In addition to the criteria in par. (1) immediately above, to qualify for a variance under FEMA regulations, the following criteria must be met:

a. The variance may 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 Subsection 7.0306.H(1).

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 flood insurance premiums and risks to life and property.  A copy shall be maintained with the variance record.

(4)      TO REVIEW APPEALS OF PERMIT DENIALS

(a)      The Board shall review all data related to the appeal.  This may include:

(1)      Permit application data listed in Subsection 7.0306.G(1)(b).

(2)      Floodway/floodfringe determination data in Subsection 7.0306.E(4).

(3)      Data listed in Subsection 7.0306.C(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 Subsection 7.0306.G(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 equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners.

(2)      Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot provided no other reasons for denial exist.

(5)      FLOODPROOFING

(a)      No permit or variance shall be issued 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.

(b)      Floodproofing measures shall be designed 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; and

(4)      Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.

(c)      Floodproofing measures could include:

(1)      Reinforcing walls and floors to resist rupture or collapse caused by water pressure or

(2) Adding mass or weight to prevent flotation.

(3)      Placing essential utilities above the flood protection elevation.

(4)      Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures.

(5)      Constructing water supply wells and waste treatment systems to prevent the entry of flood waters.

(6)      Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.

(6)      PUBLIC INFORMATION

(a)      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.

H. AMENDMENTS

(1)      GENERAL

The governing body may change or supplement the floodplain zoning district boundaries and this ordinance in the manner provided by law.  Actions which require an amendment include, but are not limited to, the following:

(a)      Any change to the official floodplain zoning map, including the floodway line or boundary of any floodplain area.

(b)      Correction of discrepancies between the water surface profiles and floodplain zoning maps.

(c)      Any fill in the floodplain 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.

(d)     Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more.

(e)      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.

(f)      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.

Note:  Consult the FEMA web site – www.fema.gov – for the map change fee schedule.

(2)      PROCEDURES

Ordinance amendments may be made upon petition of any interested party according to the provisions of s. 62.23, Stats. and Section 7.1100 of the River Hills code.  Such petitions shall include all necessary data required by Subsections 7.0306.E(4) and 7.0306.G(1)(b).

(a)      The proposed amendment shall be referred to the Plan Commission for a recommendation to the governing body and a public hearing before the Village Board.  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.

(b)      No amendments shall become effective until reviewed and approved by the     Department.

(c)      All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, 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.

(d)     For amendments in areas with no water surface profiles, the zoning agency or board shall consider data submitted by the Department, the zoning administrator’s visual on‑site inspections and other available information.

I. ENFORCEMENT AND PENALTIES

Any violation of the provisions of this ordinance by any person shall be unlawful and may be prosecuted by issuance of municipal citations or may be referred to the municipal attorney for prosecution.  A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $10 and not more than $2,000, together with the taxable costs 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.

 J. 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) “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.

3) “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.

4) “BASEMENT” – Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.

5) “BUILDING” ‑ See STRUCTURE.

6) “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 highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.

7) “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.

8) “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.

9) “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.

10) “CHANNEL” – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

11) “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.

12) “DECK” – An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.

13) “DEPARTMENT” ‑ The Wisconsin Department of Natural Resources.

14) “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.

15) “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.

16) “ENCROACHMENT” ‑ Any fill, structure, equipment, building, use or development in the floodway.

17) “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

18) “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.

19) “FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)” ‑ The federal agency that administers the National Flood Insurance Program.

20) “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.

21) “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:

The overflow or rise of inland waters,

The rapid accumulation or runoff of surface waters from any source,

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior, or

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.

22) “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.

23) “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.

24) “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.

25) “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.

26) “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.

27) “FLOODPLAIN ISLAND” ‑ A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

28) “FLOODPLAIN MANAGEMENT” ‑ Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

29) “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.

30) “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.

31) “FLOOD PROTECTION ELEVATION” ‑ An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see:  )

32) “FLOOD STORAGE” ‑ Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

33) “FLOODWAY” ‑ The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

34) “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.

35) “HABITABLE STRUCTURE” ‑ Any structure or portion thereof used or designed for human habitation.

36) “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.

37) “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.

38) “HISTORIC STRUCTURE” – Any structure that is either:

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,

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,

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

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.

39) “INCREASE IN REGIONAL FLOOD HEIGHT” ‑ A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 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.

40) “LAND USE” ‑ Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)

41) “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.”

42) “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.”

43) “MUNICIPALITY” or “MUNICIPAL” ‑ The county, city or village governmental units enacting, administering and enforcing this zoning ordinance.

44) “NAVD” or “NORTH AMERICAN VERTICAL DATUM” – Elevations referenced to mean sea level datum, 1988 adjustment.

45) “NGVD” or “NATIONAL GEODETIC VERTICAL DATUM” ‑ Elevations referenced to mean sea level datum, 1929 adjustment.

46) “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.

47) “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.)

48) “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.)

49) “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.

50) “OFFICIAL FLOODPLAIN ZONING MAP” ‑ That map, adopted and made part of this ordinance, as described in Subsection 7.0306.A(5)(b), which has been approved by the Department and FEMA.

51) “OPEN SPACE USE” ‑ Those uses having a relatively low flood damage potential and not involving structures.

52) “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.

53) “PERSON” ‑ An individual, or group of individuals, corporation, partnership, association, municipality or state agency.

54) “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 Commerce, 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.

55) “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.

56) “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.

57) “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.

58) “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.

59) “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.

60) “SUBDIVISION” – Has the meaning given in s. 236.02(12), Wis. Stats.

61) “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.

62) “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.

63) “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.

64) “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.

65) “WATERSHED” ‑ The entire region contributing runoff or surface water to a watercourse or body of water.

66) “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.

66) “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.”

7.0307    SW SHORELAND-WETLAND AND NSW NONSHORELAND-WETLAND DISTRICTS

A. Purpose.

Due to the fact that the uncontrolled use of shoreland- and nonshoreland-wetlands and the pollution of the navigable waters of the Village of River Hills would adversely affect the public health, safety, convenience, and general welfare and impair the tax base of the Village, it is the purpose of this ordinance, in compliance with the legislative delegated responsibility, to:

1.Promote the public health, safety, convenience and general welfare;

2. Maintain the storm and flood water storage capacity of wetlands;

3. Prevent and control water pollution by preserving wetlands which filter and store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable water;

4. Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

5. Prohibit certain uses detrimental to the wetland areas; and

6. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling wetland excavation, filling and other earth moving activities.

B. Wetland Zoning Districts Established.

1.District Boundaries; Map. There are hereby established wetland zoning districts for the Village of River Hills which are the Shoreland-Wetland Zoning District and the Nonshoreland-Wetland Zoning District.  Both districts are based on information shown on the Wisconsin Wetland Inventory Map for the Village of River Hills, dated January 30, 1987, and stamped “Final.”

2. The boundaries of the Shoreland-Wetland District include all wetlands, 5 acres or greater in area shown on the Wisconsin Wetland Inventory Map which are:

A. Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds, or flowages. Lakes, ponds, and flowages shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this Ordinance.

B. Within 300 feet of the ordinary high watermark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance.  Floodplain zoning maps adopted in Subsection 7.0306.D shall be used to determine the extent of floodplain areas.

3. The boundaries of the Nonshoreland-Wetland District include all wetlands shown on the Wisconsin Wetland Inventory Map which are not delineated as shoreland-wetlands above, and all wetlands within the aforedescribed shoreland that are greater than 2 but less than 5 acres in area, important drainage channels identified and numbered 1 through 12 on the Map attached to and made a part of this Ordinance, and all other wetlands greater than 2 acres in area.

C. Wetland Regulations.

 Uses permitted in both the Shoreland Wetland Zoning District and the Nonshoreland-Wetland District.  Subject to the use regulations of this Ordinance, the following are permitted incidental uses within the shoreland-wetland district and the nonshoreland-wetland district within the Village of River Hills:

1.Activities and uses which do not require the issuance of a zoning permit:

A. Hiking, fishing, swimming, and boating.

2.Uses which do not require the issuance of a zoning permit and which may involve wetland alterations, only to the extent specifically provided below:

A. The maintenance and repair of existing drainage systems to restore pre-development levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;

B. The construction and maintenance of piers, docks, walkways, observation decks and trail bridges, built on pilings, including limited excavation and filling necessary for such construction and maintenance;

C. The installation and maintenance of sealed tiles for the purpose of draining lands outside the wetland zoning districts provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Subsections 7.0307.A.2, A.3, and A.4 of this Ordinance; and

D. The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavation and filling necessary for such maintenance, repair, replacement or reconstruction.

3. Uses not otherwise prohibited by this Ordinance in both the Shoreland-Wetland District and the Nonshoreland-Wetland District upon the issuance of a special exception by the Board of Appeals pursuant to Subsection 7.1004.B.3 of this Ordinance, which uses may include wetland alteration only to the extent specifically provided below are as follows.

A. The construction and maintenance of roads which are necessary for the continuity of the Village street system, the provision of essential utility and public safety services or to provide access to permitted open space uses in wetland incidental uses, provided that:

(1)     The road cannot, as a practical matter, be located outside the wetland;

(2)     The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Subsections 7.0307.A.2, A.3, and A.4 of this Ordinance.

(3)     The road is designed and constructed with the minimum cross-section practical to serve the intended use;

(4)     Road construction activities are carried out in the immediate area of the road bed only; and

(5)     Any wetland alteration must be necessary for the construction or maintenance of the road.

B. The construction and maintenance of non-residential buildings provided that:

(1)     The building is used solely in conjunction with a use permitted in the wetland districts or for the raising of water fowl, minnows, or other wetland or aquatic animals;

(2)     The building cannot, as a practical matter, be located outside of the wetland;

(3)     The building is not designed for human habitation and does not exceed 500 square feet in floor area; and

(4)     Only limited filling or excavating necessary to provide structural support for the building is allowed.

C. The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities provided that:

(1)     The utility transmission and distribution facilities cannot, as a practical matter, be located outside the wetland;

(2)     Only limited filling or excavating necessary for such construction or maintenance is allowed; and

(3)     Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Subsection 7.0307.A.2, A.3, and A.4 of this Ordinance.

D. Uses Subject to State Laws and Village Ordinances.

1.All incidental uses permitted by this Ordinance are subject to the provisions of Chapters 30 and 31 of the Wisconsin Statutes as well as all applicable ordinances of the Village. In addition, projects proposed in wetland areas may require a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act, or a water quality certification pursuant to Chapter NR 103 of the Wisconsin Administrative Code.

2. This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants or easements; however, where this ordinance imposes greater restrictions the provisions of this ordinance shall prevail.

E. Uses Prohibited.

Any use not specifically listed as a permitted use in the wetland districts is prohibited.

F. Nonconforming Structures and Uses.

1.Notwithstanding any other provisions hereof, this ordinance shall not have the effect of prohibiting the repair, reconstruction, renovating, remodeling, or expansion of any legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, in the Shoreland-Wetland District or the Nonshoreland-Wetland District, which was in existence on the date this ordinance becomes effective.

2. Any legal nonconforming use of property which does not involve the use of a structure which was in existence on the date this ordinance became effective may be continued although such use does not conform with the provisions of this ordinance. Any such nonconforming use may not be extended.

3. If a nonconforming use of property or the use of a nonconforming structure is discontinued for a period of 12 consecutive months, any future use of the property or structure shall conform with the provisions of this ordinance.

G. Special Exception Permits

 Any use listed as a special exception use in this ordinance shall be permitted only after an application has been submitted accompanied by wetlands assessment study and report prepared by a person qualified to conduct such studies, setting forth that such proposal does not adversely affect the wetlands or any drainage, and a special exception use permit has been granted by the Board of Appeals.  The provisions of Section 7.1000 shall be applicable to all proceedings before the Board of Appeals regarding properties in the Shoreland-Wetland District and the Nonshoreland Wetland District.

1.The Board shall give public notice of the hearing by publishing a Class 2 notice under Chapter 985 of the Wisconsin Statutes, specifying the date, time, and place of the hearing, and a summary of the subject matter to be heard by the Board. Copies of such notice of hearing shall also be mailed to all parties in interest by first class mail and to the appropriate district office of the Wisconsin Department of Natural Resources at least 10 days prior to the public hearing.

2.Upon consideration of the special exception application and the standards applicable to the permitted uses set forth in Section 7.0307.C.3 of this Ordinance, the Board of Appeals shall attach such conditions to a special exception permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purposes of this ordinance. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operations; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.  To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance.

3.A copy of the decision of the Board of Appeals shall be mailed to the parties in interest and to the appropriate district office of the Wisconsin Department of Natural Resources at least 10 days after the filing of the decision.

H. Administration

The Building Inspector is hereby directed to administer the provisions of this Ordinance and, in doing so, shall exercise the duties and have the powers set forth in detail in Subsection 7.0306.H of this Ordinance.

I. Amending Shoreland-Wetland Zoning Regulations

1.The Village Board may amend or repeal the shoreland-wetland district boundaries and the regulations contained in this Ordinance in accordance with the provisions of Section 7.1100 of this Ordinance.

2.A copy of each proposed change in this ordinance shall be submitted to the district office of the Wisconsin Department of Natural Resources within 5 days after the submission of the proposed changes to the Village Plan Commission.

3.All proposed changes to the shoreland-wetland regulations or map shall be referred to the Village Plan Commission for its review and report to the Village Board. No such changes shall be made in this ordinance unless a public hearing is held before the Village Board and notice thereof given as provided in Section 7.1200 of this Ordinance.  Written notice of the public hearing shall be provided to the district office of the Wisconsin Department of Natural Resources at least 10 days prior to the date of hearing.

4.In order to insure that this ordinance will remain consistent with the shoreland protection objectives of Section 281.31 of the Wisconsin Statutes, the Village may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

A. Storm or floodwater storage capacity;

B. Maintenance of dry season streamflow or the discharge of groundwater from the wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

C. Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;

D. Shoreline protection against soil erosion

E. Fish spawning, breeding, nursery or feeding grounds;

F. Wildlife habitat; and

G. Areas of special recreational, scenic or scientific interest, including scarce wetland types of habitat or endangered species.

5. Where the district office of the Wisconsin Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection 4 above, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.

6. The district office of the Wisconsin Department of Natural Resources shall be provided with a copy of the recommendation and report, if any, of the Village Plan Commission on a proposed text or map amendment, within 10 days after the submission of those recommendations to the Village Board, and written notice of the action on the proposed text or map amendment within 10 days after the action is taken.

7. If the Department notifies the Village Board in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection 4 above, the proposed amendment, if approved by the Village Board, shall not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department of Natural Resources. If within the said 30 day period, the Department of Natural Resources notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland ordinance for the Village as provided in Section 61.351(6) of the Wisconsin Statutes, the proposed amendment shall not become effective until the ordinance adoption procedure of the Department under Section 61.351(6) of the Wisconsin Statutes is completed or otherwise terminated.

J. Amending Nonshoreland-Wetland Zoning Regulations.

1.The Village Board may amend or repeal the nonshoreland-wetland district boundaries and the regulations contained in this Ordinance in accordance with the provisions of Section 7.1100 of this Ordinance.

2.In addition to amendment of nonshoreland-wetland district boundaries under this subsection, land owners and developers may need to secure a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act, or a water quality certification pursuant to Chapter NR 103 of the Wisconsin Administrative Code.

K. Wetland Disputes.

Whenever the Board of Appeals is asked to interpret a shoreland-wetland district boundary or a nonshoreland wetland boundary where an apparent discrepancy exists between the Village’s Final Wetland Inventory Map and actual field conditions, the Village shall contact the Wisconsin Department of Natural Resources (DNR) to determine if the wetland inventory map is in error.  If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the Board of Appeals shall direct the Village Plan Commission to initiate appropriate action to rezone the property within a reasonable amount of time.

L. Non-Liability of the Village.

The Village does not guarantee, warrant or represent that only those areas designated as parts of the shoreland-wetland district or the nonshoreland-wetland district are in fact the only wetlands within the Village and hereby asserts that there is no liability on the part of the Village, its officers, agents, or employees for any damages, of any nature, which may occur as a result of reliance upon this ordinance.

Phone: (414) 352-8213
River Hills, WI 53217
7650 N. Pheasant Lane