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 and a Planned Unit Development Residential Overlay District:
R-1 Residential District
R-2 Residential District
R-3 Residential District
SW Shoreland-Wetland District
NSW Nonshoreland-Wetland District
PUD Planned Unit Development Residential Overlay District (Am. Ord#568, 1/10/23)
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 and PUD 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. (Am. Ord#568, 1/10/23)
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 FLOODPLAIN REGULATIONS (Rep & Rec, Ord 580, 9/18/24)
A. STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, GENERAL PROVISIONS AND MAPS
(1) STATUTORY AUTHORIZATION
This ordinance is adopted pursuant to the authorization in ss. 61.35 and 62.23 and the requirements in s. 87.30, Stats.
(2) FINDING OF FACT
Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
(3) STATEMENT OF PURPOSE
This ordinance is intended to regulate floodplain development to:
(a) Protect life, health and property;
(b) Minimize expenditures of public funds for flood control projects;
(c) Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
(d) Minimize business interruptions and other economic disruptions;
(e) Minimize damage to public facilities in the floodplain;
(f) Minimize the occurrence of future flood blight areas in the floodplain;
(g) Discourage the victimization of unwary land and homebuyers;
(h) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
(i) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(4) TITLE
This 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 of special flood hazard identified as zones A, AO, AH, A1-30, AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable.
(b) OFFICIAL MAPS & REVISIONS
Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed below. These maps and revisions are on file in the office of the Village Clerk.
OFFICIAL MAPS: Based on the Flood Insurance Study (FIS):
(1) Flood Insurance Rate Map (FIRM), panel number 55079C0029F, 55079C0033F, 55079C0041F, 55079C0043F, and 55079C0037F dated
10/24/2024;
(2) Flood Insurance Study (FIS) 55079CV001B, 55079CV002B, 55079CV003B, 55079CV004B, 55079CV005B, and 55079CV006B for
Milwaukee County, dated 10/24/2024.
Approved by: The DNR and FEMA
(c) ESTABLISHMENT OF FLOODPLAIN DISTRICTS
The flood hazard areas regulated by this ordinance 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, within the AE Zones as shown on the FIRM, or within A Zones when determined according to Subsection 7.0306.E(4).
(2) The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or when floodway limits have been determined according to Subsection 7.0306.E(4) within A Zones shown on the FIRM.
(3) The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO Zones on the FIRM.
(d) LOCATING FLOODPLAIN BOUNDARIES
Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subd (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. 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. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to 7.0306.H.
(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 for projects, including any boundary of zone A, AO, the location of the boundary shall be determined by
the map scale.
(e) REMOVAL OF LANDS FROM FLOODPLAIN
(1) 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.
(2) The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred
and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the
Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record
of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the
following two provisions are met:
(a) The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation; and
(b) The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before
applying for a LOMR or LOMR-F
(3) Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of
map amendment from the federal emergency management agency under 44 C.F.R. 70.
(f) COMPLIANCE
(1) No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired,
extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations
that apply to uses within the jurisdiction of these regulations.
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with
Subsection 7.0306.I.
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the
use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain
Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and
punishable in accordance with Subsection 7.0306.I.
(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. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20’ span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), Stats., the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.
(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. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
B. GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
(1) The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal of state law.
(2) If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be: (a) designed and anchored to prevent flotation, collapse, or lateral movement of the structure; (b) constructed with flood-resistant materials; (c) constructed by methods and practices that minimize flood damages; and (d) mechanical and utility equipment must be elevated to or above the flood protection elevation.
(3) If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that: (a) such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area; (b) public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and (c) adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in Subsection 7.0306.G(1)(b).
(4) HYDRAULIC AND HYDROLOGIC ANALYSES
(a) No floodplain development shall:
(1) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
(2) Cause any increase regional flood height due to floodplain storage area lost.
(b) The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection 7.0306.H (Amendments) are meet.
(5) 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 Hydraulic and Hydrological standards must be meet and flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Subsection 7.0306.H (Amendments) the community the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(6) CHAPTER 30, 31, WIS. STATS., DEVELOPMENT
Development which requires a permit from the Department, under chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to 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 subparagraphs (3) and (4) of this subsection, 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 non-residential uses, such as loading areas and parking areas.
(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).
(h) Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.
(j) Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
(3) STANDARDS FOR DEVELOPMENTS IN THE FLOODWAY
(a) GENERAL
(1) Any development in the floodway shall comply with Subsection 7.0306.B and have a low flood damage potential.
(2) Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to Subsection 7.0306.B(4) and Subsection 7.0306.G(b)(3). The analysis must be completed by a registered professional engineer in the State of Wisconsin.
(3) Any encroachment in the regulatory floodway is prohibited unless the data submitted pursuant to subparagraph (2) immediately above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in Subsection 7.0306.A(5)(e)
(b) STRUCTURES
Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
(1) The structure is not designed for human habitation and does not have a high flood damage potential and is constructed to minimize flood damage.
(2) Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:
(a) Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with
walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention
during flooding; and
(b) Have structural components capable of meeting all provisions of Subsection 7.0306.C(3)(b)(7); and
(c) Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency
Floodproofing Certificate, that the design and methods of construction are in accordance with Subsection 0306.C(3)(b)(7).
(3) It must be anchored to resist flotation, collapse, and lateral movement;
(4) Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
(5) It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
(6) For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation the applicant shall submit a plan that meets Subsections 7.0306.C(3)(b)(1) through 7.0306.C(3)(b)(5) and meets or exceeds the following standards: (a) the lowest floor must be elevated to or above the regional flood elevation; (b) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (c) the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open; and (d) the use must be limited to parking, building access or limited storage.
(7) Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:
(a) Reinforcement of floors and walls to resist rupture, collapse or lateral movement caused by water pressures or debris buildup;
(b) Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such
systems and must be in accordance with provisions in Subsections 7.0306.C(4)(d) and (4)(e).
(c) Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
(d) Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
(e) Placement of utilities to or above the flood protection elevation.
(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.
(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 are met;
(2) No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant
to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other
requirements of this section are met;
(3) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
(4) The fill is not classified as a solid or hazardous material.
(4) PROHIBITED USES
All uses not listed as permitted uses in Subsection 7.0306.C(3) are prohibited, including the following uses:
(a) Habitable structures, structures with high flood damage potential, or those not associated with permanent open‑space uses;
(b) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
(c) Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
(d) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas
and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;
(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(5).
(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
Subsection 7.0306.B shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Subsection 7.0306.F, Nonconforming Uses.
(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) All new construction including placement of manufactured homes, and substantial improvement of residential structures shall have the
lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the
regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district
unless it can be shown to meet Subsection 7.0306.D(3), Removal of Lands from Floodplain.
(2) Notwithstanding par. (1) immediately above, the basement or crawlspace floor may be placed at the regional flood elevation if the
basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls
substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. No floor of any kind 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 DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.
(b) ACCESSORY STRUCTURES OR USES
In addition to the provisions of Subsection 7.0306.B, new construction and substantial improvements of accessory structures shall be
constructed on fill with the lowest floor at or above the regional flood elevation.
(c) NON – RESIDENTIAL USES
In addition to the provisions of Subsection 7.0306.B, any non – residential principal structure that is permitted pursuant to a Special Use
Permit under the provisions of Subsection 7.0804, which is erected, altered or moved into the floodfringe shall meet the requirements of
Subsection 7.0306.D(3)(a). Subject to the requirements of Subsection 7.0306.D(3)(d), 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) 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.
(e) 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 or repair of such facilities may only be permitted if they designed to comply with Subsection 7.0306.G(5).
(2) Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional
flood elevation.
(f) SEWAGE SYSTEMS
All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to Subsection
7.0306.G(5) to the flood protection elevation and shall meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
(g) WELLS
All wells shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to Subsection 7.0306.G(5), to the flood
protection elevation and shall meet the provisions of, and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
(h) SOLID WASTE DISPOSAL SITES
Disposal of solid or hazardous waste is prohibited in floodfringe areas.
(i) DEPOSIT OF MATERIALS
Any deposited material must meet all the provisions of this ordinance.
(j) 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 the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in Subsection 7.0306.A(5)(b).
(2) FLOODWAY BOUNDARIES
For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in Subsection 7.0306.A(5)(b), the boundaries of the regulatory floodway shall be determined pursuant to Subsection 7.0306.E(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of s 3.0. If the development is located entirely within the floodfringe, the development is subject to the standards Subsection 7.0306.D.
(3) PERMITTED USES
Pursuant to Subsection 7.0306.E(5), it shall be determined whether the proposed use is located within a floodway or floodfringe. Those uses
permitted in floodway and floodfringe districts are allowed within the general floodplain district, according to the standards of Subsection
7.0306.E(4), provided that all permits or certificates required under Subsection 7.0306.G(1) have been issued.
(4) 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.
(a) New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:
(1) To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or
(2) If the depth is not specified on the FIRM, two feet (2) above the highest adjacent natural grade or higher.
(b) New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(c) In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.
(d) All development in zones AO and zone AH shall meet the requirements of Subsection 7.0306.D applicable to flood fringe areas.
(5) DETERMINING FLOODWAY AND FLOODFRINGE LIMITS
Upon receiving an application for development within zone A, or within zone AE where the floodway has not been delineated on the Flood Insurance Rate Maps, the zoning administrator shall:
(a) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general
floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and
elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM;
(b) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal
upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:
(1) A Hydrologic and Hydraulic Study as specified in Subsection 7.0306.G(1)(b)(3).
(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) Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and
sanitary facilities.
F. NONCONFORMING USES
(1) GENERAL
(a) APPLICABILITY
(1) The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain
zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72. These standards 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. A party asserting existence of a lawfully established nonconforming use or structure
has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or
structure was created.
(2) As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the
floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the
costs of those activities associated with changes to those buildings.
(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. Maintenance is not considered a modification; this includes
painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered
maintenance.
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)(3). The costs of
elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are
excluded from the 50% provisions of this paragraph;
(5) No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, use, the cost of which
would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a
conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access
must be provided for residential and commercial uses in compliance with Subsection 7.0306.D(3)(a)(3). Maintenance to any
nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against
the cumulative calculations over the life of the structure for substantial improvement calculations.
(6) If on a per event basis the total value of the work being done under (4) and (5) immediately above, equals or exceeds 50% of the present
equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with
a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for
residential and commercial uses in compliance with Subsection 7.0306.D(3)(a)(3).
(7) Except as provided in (8) immediately following, if any nonconforming structure or any structure with a nonconforming use is destroyed
or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance
requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals
or exceeds 50% of the structure’s present equalized assessed value.
(8) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such
nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the
following minimum requirements are met, and all required permits have been granted prior to the start of construction:
(a) Residential Structures.
(1) Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts,
or perimeter walls. Perimeter walls must meet the requirements of Subsection 7.0306.G(5)(b).
(2) Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, , including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood
damage.
(3) Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities
that are designed and/or elevated so as to prevent water from entering or accumulating within the components during
conditions of flooding.
(4) In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source.
(5) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards Subsection
7.0306.E(4).
(6) In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the
structure.
(b) Nonresidential Structures.
(1) Shall meet the requirements of Subsection 7.0306.F(1)(b)(8))(a)(1 – 6).
(2) Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with
attendant utility and sanitary facilities, shall meet the standards in Subsections 7.0306.G(5)(a) or (b).
(3) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in
s. 7.0306.E(4).
(c) A nonconforming historic structure may be altered if the alteration will not preclude the structure’s continued designation as a historic structure, the alteration will comply with 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. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection 7.0306.F(2)(b)(8)(a) if it is determined that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(d) Notwithstanding anything in this ordinance to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building’s nonconforming use shall be permitted to continue if:
(1) Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;
(2) The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation;
(3) The nonconforming building is permanently changed to conform to the applicable requirements of Subsection 7.0306.B;
(4) If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of
Subsections 7.0306.C(3)(a), C(3)(b)(1) through (5), C(3)(c), C(3)(d) and F(2). Any development that adds additional fill or creates an
encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in
accordance with Subsection 0306.E(5). If the encroachment is in the floodway, it must meet the standards in Subsection 7.0306.C(3)(d),
(5) If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of
Subsections 7.0306.D(3) and F(3);
(6) Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH
must have the lowest floor (including basement) elevated to or above the base flood elevation;
(7) Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1-30, AE, and
AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and
sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the
passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
(i) Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional
engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must
certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the
provisions of paragraph (7) immediately above.
(ii) The community must maintain a record of such certification including the specific elevation to which each such structure is
floodproofed.
(8) Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in
zones A1-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize
hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or
reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect, or meet the following criteria:
(i) A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area
of not less than one square inch for every square foot of enclosed area.
(ii) The bottom of all openings must be no higher than one foot above the adjacent grade.
(iii) Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of
floodwaters.
(9) Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH outside of a manufactured home park or
subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or
in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood,
must be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation,
and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
(10) Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH on existing sites in an existing
manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a
result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the
manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement;
(11) In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of
nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed
encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
(12) In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal,
state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other
development to meet ss. F(1)(d)(6) through (11) (inclusive) above. Any development that adds additional fill or creates an encroachment in
the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with
Subsection 7.0306.E(5). If the encroachment is in the floodway, it must meet the standards in Subsection 7.0306.C(3)(d). Subsequent
improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
(13) In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming
structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from
beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with Subsection
7.0306.E(5). If the encroachment is in the floodway, it must meet the standards in section Subsection 7.0306.C(3)(d). Subsequent
improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
(14) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the
lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the
FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures
must not increase the degree of their nonconformity; or
(15) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have
the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on
the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-
floodproofed to that level according to the standard specified in Subsection F(1)(d)(7) above. Subsequent improvements to repair or
reconstructed nonconforming structures must not increase the degree of their nonconformity.
(2) FLOODWAY DISTRICT
(a) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodway district, unless such modification or addition:
(1) Has been granted a permit or variance which meets all ordinance requirements;
(2) Meets the requirements of Subsection 7.0306.F(1);
(3) Shall not increase the obstruction to flood flows or regional flood height;
(4) Any addition to the existing structure shall be floodproofed, pursuant to Subsection 7.0306.G(5), by means other than the use of fill, to the
flood protection elevation; and
(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 building access 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 the floodway district. 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, Subsection 7.0306.G(5)(c) and ch. SPS 383, Wis. Adm. Code.
(c) No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway district. Any replacement, repair or maintenance of an existing well in the floodway district shall meet the applicable requirements of all municipal ordinances, Subsection 7.0306.G(5)(c) and chs. NR 811 and NR 812, Wis. Adm. Code.
(3) FLOODFRINGE DISTRICT
(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) 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, Subsection 7.0306.G(5)(c) and ch. SPS 383, Wis. Adm. Code.
(d) All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this ordinance, Subsection 7.0306.G(5)(c) and chs. 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 and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
(4) Keep records of all official actions such as:
a. All permits issued, inspections made, and work approved;
b. Documentation of certified lowest floor and regional flood elevations;
c. Floodproofing certificates;
d. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals,
variances and amendments
e. All substantial damage assessment reports for floodplain structures.
f. List of nonconforming structures and uses.
(5) Submit copies of the following items to the Department Regional office:
a. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text
amendments;
b. Copies of any case‑by‑case analyses and other required information.
c. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
(6) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies
of the reports shall also be sent to the Department Regional office.
(7) Submit copies of amendments to the FEMA Regional office.
(b) LAND USE PERMIT
A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a
building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:
(1) GENERAL INFORMATION
a. Name and address of the applicant, property owner and contractor;
b. Legal description, proposed use, and whether it is new construction or a modification;
(2) SITE DEVELOPMENT PLAN
A site plan drawn to scale shall be submitted with the permit application form and shall contain:
a. Location, dimensions, area and elevation of the lot;
b. Location of the ordinary highwater mark of any abutting navigable waterways;
c. Location of any structures with distances measured from the lot lines and street center lines;
d. Location of any existing or proposed on‑site sewage systems or private water supply systems;
e. Location and elevation of existing or future access roads;
f. Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
g. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study – either National
Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
h. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine
whether or not the requirements of 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) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT
All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
(a) Zone A floodplains and in AE zones within which a floodway is not delineated:
(1) Hydrology. The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic
Analysis: Determination of Regional Flood Discharge.
(2) Hydraulic modeling. he regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code,
Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
i. determination of the required limits of the hydraulic model shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
ii. channel sections must be surveyed.
iii. minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
iv. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross
sections required at transitions in channel bottom slope including a survey of the channel at each location.
v. the most current version of HEC-RAS shall be used.
vi. a survey of bridge and culvert openings and the top of road is required at each structure.
vii. additional cross sections are required at the downstream and upstream limits of the proposed development and any
necessary intermediate locations based on the length of the reach if greater than 500 feet.
viii. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow,
Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to
past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is
available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
ix. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to
provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles
shall be no more than 0.00 feet.
(3) Mapping. A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits
based on best available topographic data, geographic limits of the proposed development and whether the proposed
development is located in the floodway.
i. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional
flood elevation.
ii. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing
model, unless adequate justification based on standard accepted engineering practices is provided
(b) Zone AE floodplains
(1) Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch.
NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
(2) Hydraulic model. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code,
Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
i. Duplicate Effective Model. The effective model shall be reproduced to ensure correct transference of the model data and to
allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If
data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations
shown in the Floodway Data Table in the FIS report to within 0.1 foot.
ii. Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the
effective model date but shall import the model into the most current version of HEC-RAS for Department review.
iii. Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual
impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which
to base the Revised (Post-Project) Model.
iv. Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing
Model and any proposed changes to the topography caused by the proposed development. This model shall reflect
proposed conditions.
v. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic
information, bridge plans, construction plans and survey notes.
vi. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross
sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water
surface elevations and top widths computed by the revised models matching those in the effective models upstream and
downstream of the revised reach as required. The Effective Model shall not be truncated.
(3) Mapping. Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
i. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans,
bridge plans.
ii. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
iii. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.
iv. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation
or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection
and State Plane Coordinate System in accordance with FEMA mapping specifications.
v. The revised floodplain boundaries shall tie into the effective floodplain boundaries.
vi. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup
table shall be included to relate to the model input numbering scheme.
vii. Both the current and proposed floodways shall be shown on the map.
viii. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
(4) EXPIRATION
All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.
(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).
(5) Where applicable pursuant to Subsection 7.0306.E(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
(6) Where applicable pursuant to Subsection 7.0306.E(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by Subsection 7.0306.E(4).
(d) OTHER PERMITS
Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
(2) ZONING AGENCY
(a) The Village Manager 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) The Village Manager 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 Village ordinance 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 the Village Zoning ordinances. 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; and
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.
(2) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
(3) If the boundary is incorrectly mapped, the Board should inform the Village Manager 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 Board must find that the following criteria have been met:
a. The variance may not cause any increase in the regional flood elevation;
b. The applicant has shown good and sufficient cause for issuance of the variance;
c. Failure to grant the variance would result in exceptional hardship.
d. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
e. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
(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); and
f. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic
structure.
(4) When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
(4) TO REVIEW APPEALS OF PERMIT DENIALS
(a) The 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(5).
(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 may only be allowed after
amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the
requirements of Subsection 7.0306.H, Amendments; and
(2) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase in flood elevation
provided no other reasons for denial exist.
(5) FLOODPROOFING STANDARDS
(a) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the
applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or
development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the
development standards in Subsections 7.0306.B, C, D, or E.
(b) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
(1) certified by a registered professional engineer or architect; or
(2) meeting or exceeding the following standards:
(i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to
flooding;
(ii) the bottom of all openings shall be no higher than one foot above grade; and
(iii) openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(c) Floodproofing measures shall be designed, as appropriate, to:
(1) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
(2) Protect structures to the flood protection elevation;
(3) Anchor structures to foundations to resist flotation and lateral movement;
(4) Minimize or eliminate infiltration of flood waters;
(5) Minimize or eliminate discharges into flood waters;
(6) Placement of essential utilities to or above the flood protection elevation; and
(7) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
(i) 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.
(ii) The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
(iii) Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
(iv) The use must be limited to parking, building access or limited storage.
(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
Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles in accordance with the GENERAL provisions of Subsection 7.0306H.(1).
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with the GENERAL provisions of Subsection 7.0306H.(1). Any such alterations must be reviewed and approved by FEMA and the DNR.
In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with the GENERAL provisions of Subsection 7.0306H.(1).
(1) GENERAL
The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in Subsection
7.0306H.(2) below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not
limited to, the following:
(a) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height.
(b) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
(c) Any changes to any other officially adopted floodplain maps;
(d) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land
lying outside the floodplain;
(e) Correction of discrepancies between the water surface profiles and floodplain maps;
(f) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the
municipality; and
(g) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based
on a base flood elevation from a FIRM requires prior approval by FEMA.
(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(5) and 7.0306.G(1)(b). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
(a) The proposed amendment shall be referred to the 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 causing any increase in the regional flood height, shall obtain flooding
easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the
amendment can be approved by the governing body.
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) “AH ZONE” – See “AREA OF SHALLOW FLOODING”.
3) AO ZONE – See “AREA OF SHALLOW FLOODING”.
4) “ACCESSORY STRUCTURE OR USE” ‑ A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.
5) “ALTERATION” – An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
6) “AREA OF SHALLOW FLOODING” – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow
7) “BASE FLOOD” – Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
8) “BASEMENT” – Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.
9) “BUILDING” ‑ See STRUCTURE.
10) “BULKHEAD LINE” ‑ A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
11) “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.
12) “CHANNEL” – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
13) “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.
14) “DECK” – An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation.
15) “DEPARTMENT” ‑ The Wisconsin Department of Natural Resources.
16) “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.
17) “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.
18) “ENCROACHMENT” ‑ Any fill, structure, equipment, building, use or development in the floodway.
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 INSURANCE RATE MAP (FIRM)” – A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
22) “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 water;
- 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.
23) “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.
24) “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.
25) “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.
26) “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.
27) “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.
28) “FLOODPLAIN ISLAND” ‑ A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
29) “FLOODPLAIN MANAGEMENT” ‑ Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
30) “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.
31) “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.
32) “FLOOD PROTECTION ELEVATION” ‑ An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD).
33) “FLOOD STORAGE” ‑ Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
34) “FLOODWAY” ‑ The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
35) “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.
36) “HABITABLE STRUCTURE” ‑ Any structure or portion thereof used or designed for human habitation.
37) “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.
38) “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.
39) “HIGHEST ADJACENT GRADE” – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure
40) “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.
41) “INCREASE IN REGIONAL FLOOD HEIGHT” ‑ A calculated upward rise in the regional flood elevation, equal to or greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
42) “LAND USE” ‑ Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)
43) “LOWEST ADJACENT GRADE” – Elevation of the lowest ground surface that touches any of the exterior walls of a building.
44) “LOWEST FLOOR” – The lowest floor of the lowest enclosed area (including basement).
45) “MAINTENANCE” – The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures.
46) “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.”
47) “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.”
48) “MODEL, CORRECTED EFFECTIVE” – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.
49) “MODEL, DUPLICATE EFFECTIVE” – A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
50) “MODEL, EFFECTIVE” – The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
51) “MODEL, EXISTING (PRE-PROJECT)” – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
52) “MODEL, REVISED (POST-PROJECT)” – A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.
53) “MUNICIPALITY” or “MUNICIPAL” ‑ The county, city or village governmental units enacting, administering and enforcing this zoning ordinance.
54) “NAVD” or “NORTH AMERICAN VERTICAL DATUM” – Elevations referenced to mean sea level datum, 1988 adjustment.
55) “NGVD” or “NATIONAL GEODETIC VERTICAL DATUM” ‑ Elevations referenced to mean sea level datum, 1929 adjustment.
56) “NEW CONSTRUCTION” – Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures.
57) “NON-FLOOD DISASTER” – A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood
58) “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.)
59) “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.)
60) “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.
61) “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.
62) “OPEN SPACE USE” ‑ Those uses having a relatively low flood damage potential and not involving structures.
63) “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.
64) “PERSON” ‑ An individual, or group of individuals, corporation, partnership, association, municipality or state agency.
65) “PRIVATE SEWAGE SYSTEM” ‑ A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services,, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
66) “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.
67) “REASONABLY SAFE FROM FLOODING” – Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
68) “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.
69) “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.
70) “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 lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
71) “SUBDIVISION” – Has the meaning given in s. 236.02(12), Wis. Stats.
72) “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.
73) “SUBSTANTIAL IMPROVEMENT” – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
74) “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.
75) “VARIANCE” ‑ An authorization by the board of 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.
76) “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.
77) “WATERSHED” ‑ The entire region contributing runoff or surface water to a watercourse or body of water.
78) “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.
79) “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.
7.0308 PUD – PLANNED UNIT DEVELOPMENT RESIDENTIAL OVERLAY DISTRICT (Cr. Ord#568, 1/10/23)
A. Definition. A planned unit development residential overlay district is an alternative residential district which applies to any area of land of over 50 acres that consists of at least 25 acres that is wholly owned by one person or legal entity and at least 25 contiguous acres that is owned by the Village of River Hills and dedicated or restricted against any use other than for conservation purposes as set forth in section 7.0308.E. Such planned residential district gives no automatic right to landowners but only the right to apply in the manner provided below for discretionary approval by the Village Board of a planned residential development. The Village Board may approve such a plan only if the proposed development and application conform to this section. The landowner may develop the land for residential use only as is permitted in the underlying residential district, subject to section C below.
B. Purpose and intent. The purpose of the planned unit development residential overlay district is to encourage future development of large tracts of vacant land in a manner that will be more in the public interest than is likely to occur for development under the existing basic residence district regulations. A planned unit development residential overlay district, because of its flexibility, is more likely to conserve land through the setting aside of open space areas as private or public parks, to create attractive recreational areas, to lead to the installation of more and better utility services, such as access to a public water system, and to save costs in maintenance and capital expenditures for roads, sewers and water mains on a per-homesite basis. All the advantages of planned development tend to encourage and enable the owner to prepare a more attractive development and thereby strengthen the tax base of the village and property values in the neighborhood surrounding the future development. The planned development, by requiring discretionary village approval, encourages the owner to exhibit a degree of quality in design and aesthetics not universally attainable under the underlying zoning district regulations.
C. Relationship to basic residential district. The regulations of the underlying residential district shall apply in any planned residential development that shall be approved by the Village Board except that the Village Board may, in its approval of the proposed planned residential development, permit exceptions from those regulations in the following respects:
1. Uses. Permit detached single-family dwelling and uses permitted in the underlying residential zoning district plus such accessory uses as a community recreational area or clubhouse and other similar uses designed as an accessory amenity to the planned development.
2. Density. Permit a maximum number of detached single-family dwelling units of one per acre for each acre of the entire planned unit development residential overlay district.
3. Building location. Permit exceptions from the specific building location, size, height, yards, lot size and open space requirements of the underlying zoning district.
4. Street design. Permit variations in the village’s existing requirements for road design and other engineering matters to the extent that it is consistent with good engineering practice.
5. Setbacks. Building setbacks may be reduced in accordance with the approved site plan.
D. Procedure.
- Proposal. The proponent of village approval of a planned residential development shall submit a proposal to the Village Board, together with fees in such amounts as established by the Village Board from time to time by ordinance or resolution. The proposal and any supplements to the proposal shall contain, but not be limited to, the following information.
a. Names and addresses of the proponent, architect, planner, engineer, attorney and any other professional advisers who assisted and or will assist in preparing the proposed development. If the proponent is not the owner, proponent must submit proof of the right to submit along with the name and address of the owner.
b. A legal description of the proposed project area, together with an accurate map showing its relationship to surrounding properties.
c. Names and addresses of all opposite and abutting property owners of record.
d. Maps and plans showing the proposed planned residential development plan, including the pattern of public and private roads, driveways, parking facilities, recreational facilities, private or public parks, and the size, arrangement and location of lots, the location of sewer and possible water facilities, and the existing topography and storm drainage system, showing basic topographic changes.
e. Statistical data on the total size of project area, area reserved for open space, density computation, and proposed number of residential units.
f. General outline of the manner by which any privately owned open space will be maintained and by which aesthetic and other similar controls will be enforced, together with the provision for services which may be supplied by a homeowners’ or condominium association.
g. A general summary of the financial factors, such as total anticipated cost of the development of the project, the estimated selling price for individual lots or residential units, the estimated cost of landscaping, and other improvements.
2. Referral to Plan Commission. The proposal shall be referred to the plan commission for review and a report on the proposal to the Village Board. The plan commission shall make its report to the Village Board, which may include recommendation for changes or additional conditions in the proposed plan. Unless the report of the plan commission is made within 60 days or such longer period as may be stipulated by the Village Board, the Board may take action without the report of the plan commission.
3. Public hearing. Upon the receipt of the plan commission’s report the Village Board shall, before taking affirmative action to approve the proposed planned residential development, hold a public hearing on the proposal. Notice of such hearing shall include a reference to the specific proposed project’s development plans. The public hearing shall be in compliance with state statutes then applicable.
E. Basis for approval. The Village Board in making its determination may give consideration to and determine that it is satisfied with the following:
- That the proposed development complies with the requirements of subsections C and D of this section.
- That such development will create an attractive residential environment and the economic impact is substantially as beneficial to the community as that which could be anticipated under the underlaying zoning.
- That the project will not create traffic or parking demands substantially greater than that anticipated under the existing zoning.
- That the proponent of the proposed development will demonstrate ability to start construction within a specified period of time following the approval of the project, that the project appears economically sound, that the proponents of the proposed development have the financial capacity to carry out the project as proposed and furnish proof thereof to commence and complete construction within a time specified by the Village Board from date of approval.
- That the plan would result in the preservation of open land in a manner that would enhance the total environmental setting and desirability of the development and compensate for any reduction in individual lot area requirements which are allowed.
- That adequate guarantee is provided for permanent preservation of the residual common open land area resulting from the application of these regulations by private reservation as an enhancement to the development.
- That the common open area to be reserved shall be protected against building development as part of the conditions for project approval with an open space easement over such common open areas, by the Village restricting them against any future building or use except as is consistent with that of providing natural or landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for recreational or cultural purposes compatible with open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Village Board.
- That the care and maintenance of such common open space reservations shall be ensured either by establishment of an appropriate management organization for the project or by agreement with the village for establishment of a special service district for the project area on the basis of which the municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case the village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary, if it is not otherwise taken care of to the satisfaction of the village. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the conveyance of each property.
- That the ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.
F. Determination. The Village Board after due consideration may deny, approve as submitted, or approve the proposed development subject to additional conditions or modifications. Such approval shall constitute approval of the specific project development plan.
- The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan approval. The village board may require bonds and other sureties for all or any part of the development to ensure implementation and completion of the project as approved.
- Any subsequent change or addition to an approved plan shall be submitted for approval to the Village Board. If such change or addition is construed by village staff to be substantial a public hearing shall be held prior to affirmative action by the Village Board on such recommendation.
- Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project. At least 15 days’ notice shall be given to the developer to appear before the Village Board and answer any such charge of noncompliance. If the Village Board finds the charges substantiated, they may recommend such termination of the project approval if the situation is not satisfactorily adjusted within a specified period.”