Chapter 71

Chapter 71

FLOODPLAIN ZONING

[HISTORY: Adopted by the Village Board of the Village of Holmen 2-10-2005 by Ord. No. 1.05; amended in its entirety 4-12-2007 by Ord. No. 2.07. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 29.

Comprehensive Plan — See Ch. 47.

Erosion control and stormwater management — See Ch. 56.

Excavations — See Ch. 58.

Impact fees — See Ch. 76.

Land division — See Ch. 90.

Board of Review — See Ch. 144.

Sewers — See Ch. 150.

Solid waste — See Ch. 155.

Water — See Ch. 187.

Zoning — See Ch. 195.

ARTICLE I

Statutory Authority; Finding of Fact; Purpose; Title; General Provisions

§ 71-1. Statutory authority.

This chapter is adopted pursuant to the authorization in §§ 61.35 and 62.23, Wis. Stats., for villages and cities; §§ 59.69, 59.692, and 59.694, Wis. Stats., for counties; and the requirements in § 87.30, Wis. Stats.

§ 71-2. 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.

§ 71-3. Statement of purpose.

This chapter 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 home buyers;

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.

§ 71-4. Title.

This chapter shall be known as the "Floodplain Zoning Ordinance for Holmen, Wisconsin."

§ 71-5. General provisions.

A. Areas to be regulated. This chapter regulates all areas that would be covered by the regional flood or base flood.

NOTE: Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A Zones on the Flood Insurance Rate Map.

B. Official maps and revisions.

(1) The boundaries of all floodplain districts are designated as floodplains or A Zones on the maps listed below. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Village Clerk, Village of Holmen. If more than one map or revision is referenced, the most current approved information shall apply.

(2) Official maps:

(a) Flood Insurance Rate Map (FIRM) Panel Numbers 55063C0131C, 55063C0133C, 55063C0134C, 55063C0142C and 55063C0161C, and Flood Insurance Study (FIS) number 55063CV000A, all dated April 2, 2008. [Amended 5-8-2008 by Ord. No. 1.08]

C. Establishment of districts. The regional floodplain areas are divided into three districts as follows:

(1) The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.

(2) The Flood-fringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway.

(3) The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood.

D. Locating floodplain boundaries. Discrepancies between boundaries on the official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection D(1) or (2) below. If a significant difference exists, the Map shall be amended according to Article VIII. 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 predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 71-28C Subsection D(1) and (2) and the criteria in below. Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 71-32F.

(1) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

(2) Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the Department.

E. Removal of lands from floodplain. Compliance with the provisions of this chapter 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 Article VIII. Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a letter of map change (LOMC).

F. Compliance. Any development or use within the areas regulated by this chapter shall be in compliance with the terms of this chapter, and other applicable local, state, and federal regulations.

G. Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.12(4)(a), Wis. Stats., applies.

H. Abrogation and greater restrictions.

(1) This chapter supersedes all the provisions of any municipal zoning ordinance enacted under §§ 59.69, 59.692 or 59.694, Wis. Stats., for counties; § 62.23, Wis. Stats., for cities; or § 61.35, Wis. Stats., for villages; or § 87.30, Wis. Stats., which relate to floodplains. If another ordinance is more restrictive than this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(2) This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

I. Interpretation. In their interpretation and application, the provisions of this chapter 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 chapter, 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 chapter or in effect on the date of the most recent text amendment to this chapter.

J. Warning and disclaimer of liability. The flood protection standards in this chapter 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 chapter does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this chapter 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 chapter.

K. Severability. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

L. Annexed areas for cities and villages. The La Crosse County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official Zoning Map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator.

M. General development standards. The Village shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

ARTICLE II

General Standards Applicable to All Floodplain Districts

§ 71-6. Hydraulic and hydrologic analyses.

A. Except as allowed in Subsection C below, no floodplain development shall:

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

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

B. The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection C are met.

C. Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Article VIII. Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.

§ 71-7. Watercourse alterations.

A. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The flood-carrying capacity of any altered or relocated watercourse shall be maintained.

B. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the Zoning Administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.

§ 71-8. Development under Chs. 30 and 31, Wis. Stats.

Development which requires a permit from the Department, under Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFEs established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the Floodplain Zoning Ordinance are made according to Article VIII.

§ 71-9. Public or private campgrounds.

Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

A. The campground is approved by the Department of Health and Family Services.

B. A land use permit for the campground is issued by the Zoning Administrator.

C. The character of the river system and the elevation of the campground are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants.

D. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation.

E. This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection D, to remain in compliance with all applicable regulations, including those of the state Department of Health and Family Services and all other applicable regulations.

F. Only easily removable tents and mobile recreational vehicles are allowed.

G. The camping units may not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours.

H. All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section.

I. The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section.

J. All structures that do not meet the definition of a camping unit or mobile recreational vehicle, or that remain in place for more than 180 consecutive days, must meet the applicable requirements in either Article III or Article IV for the floodplain district in which the structure is located.

K. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued.

L. All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

ARTICLE III

Floodway District (FW)

§ 71-10. Applicability.

This section applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 71-20.

§ 71-11. Permitted uses.

The following open space uses are allowed in the Floodway District and the floodway areas of the general floodplain district, if they are not prohibited by any other ordinance; they meet the standards in §§ 71-12 and 71-13; and all permits or certificates have been issued according to §§ 71-25 and 71-26:

A. Agricultural uses, such as farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

B. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

C. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 71-12D.

D. Uses or structures accessory to open space uses, or classified as historic structures that comply with §§ 71-12 and 71-13.

E. Extraction of sand, gravel or other materials that comply with § 71-12D.

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, Wis. Stats.

G. Public utilities, streets and bridges that comply with § 71-12C.

§ 71-12. Standards for developments in floodway areas.

A. General.

(1) Any development in floodway areas shall comply with Article II and have a low flood-damage potential.

(2) Applicants shall provide the following data to determine the effects of the proposal according to § 71-6:

(a) A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

(b) An analysis calculating the effects of this proposal on regional flood height.

(3) The Zoning Administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for Subsection A(2) above.

B. Structures. Structures accessory to permanent open space uses, classified as historic structures, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

(1) The structures are not designed for human habitation and do not have a high flood-damage potential;

(2) The structures are constructed and placed on the building site so as to increase flood heights less than 0.01 foot and minimally obstruct the flow of floodwaters. Structures shall be constructed with the long axis parallel to the flow of floodwaters and on the same line as adjoining structures;

(3) The structures are properly anchored to prevent them from floating away and restricting bridge openings or other restricted sections of the stream or river; and

(4) The structures have all service facilities at or above the flood protection elevation.

C. 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 § 71-6.

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

(1) The requirements of § 71-6 are met;

(2) No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 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 waste material.

§ 71-13. Prohibited uses.

All uses not listed as permitted uses in § 71-11 are prohibited, including the following uses:

A. Habitable structures, structures with high flood-damage potential, or those not associated with permanent open space uses.

B. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life.

C. Uses not in harmony with or detrimental to uses permitted in the adjoining districts.

D. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. COMM 83, Wis. Adm. Code.

E. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.

F. Any solid or hazardous waste disposal sites.

G. Any wastewater treatment ponds or facilities, except those permitted under § 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.

ARTICLE IV

Flood-fringe District (FF)

§ 71-14. Applicability.

This section applies to all flood-fringe areas shown on the floodplain zoning maps and those identified pursuant to § 71-20.

§ 71-15. Permitted uses.

Any structure, land use, or development is allowed in the flood-fringe district if the standards in § 71-16 are met, the use is not prohibited by this chapter or any other ordinance or regulation and all permits or certificates specified in §§ 71-25 and 71-26 have been issued.

§ 71-16. Standards for development in flood-fringe areas.

All of the provisions of § 71-6 shall apply. In addition, the following requirements shall apply according to the use requested:

A. Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the flood-fringe area, shall meet or exceed the following standards:

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

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

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

(4) In developments where existing street or sewer line elevations make compliance with Subsection A(3) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:

(a) The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

(b) The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Department.

B. Accessory structures or uses. An accessory structure or use not connected to a principal structure shall be constructed with its lowest floor no more than two feet below the regional flood elevation, subject to flood velocities of no more than two feet per second, and shall meet all the provisions of § 71-12B(1), (2), (3) and (4) and Subsection E below.

C. Commercial uses. Any commercial structure which is erected, altered or moved into the flood-fringe area shall meet the requirements of § 71-16A. Subject to the requirements of Subsection E, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

D. Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood-fringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other floodproofing measures in § 71-30. Subject to the requirements of Subsection E, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

E. Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with § 71-30. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

F. Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:

(1) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with § 71-30 to the flood protection elevation.

(2) Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

G. Sewage systems. All on-site sewage disposal systems shall be floodproofed, pursuant to § 71-30, to the flood protection elevation and shall meet the provisions of all local ordinances and Ch. COMM 83, Wis. Adm. Code.

H. Wells. All wells shall be floodproofed, pursuant to § 71-30, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.

I. Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in flood-fringe areas.

J. Deposition of materials. Any deposited material must meet all the provisions of this chapter.

K. Manufactured homes.

(1) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval of 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 flood-fringe in § 71-16A.

L. Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in § 71-16K(2) and (3). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

ARTICLE V

General Floodplain District (GFP)

§ 71-17. Applicability.

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

§ 71-18. Permitted uses.

Pursuant to § 71-20, it shall be determined whether the proposed use is located within a floodway or flood-fringe area. Those uses permitted in floodway (§ 71-11) and flood-fringe areas (§ 71-15) are allowed within the general floodplain district, according to the standards of § 71-19, provided that all permits or certificates required under §§ 71-25 and 71-26 have been issued.

§ 71-19. Standards for development.

Article III applies to floodway areas, Article IV applies to flood-fringe areas. The rest of this chapter applies to either district.

§ 71-20. Determining floodway and flood-fringe limits.

Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:

A. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures;

B. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:

(1) A typical valley cross section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information.

(2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.

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

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

C. Transmit one copy of the information described in Subsection A and B to the Department regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of s. 7.1 (2)(c) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

ARTICLE VI

Nonconforming Uses

§ 71-21. Applicability; conditions for continuance.

A. Applicability. If these standards conform to § 59.69(10), Wis. Stats., for counties or § 62.23(7)(h), Wis. Stats., for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this chapter or any amendment thereto.

B. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this chapter 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 chapter. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered modifications or additions; these include painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities.

(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 chapter.

(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 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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 71-16A.

(5) Destruction or damage of structures.

(a) Except as provided in Subsection B, 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 ordinance requirements.

(b) For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under 42 U.S.C. § 4001 to 42 U.S.C. § 4129, or under the regulations promulgated thereunder.

(6) A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 71-12A, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 71-30 are used.

§ 71-22. Floodway areas.

A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:

(1) Has been granted a permit or variance which meets all ordinance requirements;

(2) Meets the requirements of § 71-21;

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

(4) Any addition to the existing structure shall be floodproofed, pursuant to § 71-30, by means other than the use of fill, to the flood protection elevation.

B. No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and Ch. COMM 83, Wis. Adm. Code.

C. No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.

§ 71-23. Flood-fringe areas.

A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in § 71-16, except where § 71-23B is applicable.

B. Where compliance with the provisions of Subsection A would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood-damage potential, the Board of Adjustment/Appeals, using the procedures established in § 71-28, may grant a variance from those provisions Subsection A for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

(1) No floor is allowed below the regional flood elevation for residential or commercial structures;

(2) Human lives are not endangered;

(3) Public facilities, such as water or sewer, will not be installed;

(4) Flood depths will not exceed two feet;

(5) Flood velocities will not exceed two feet per second; and

(6) The structure will not be used for storage of materials as described in § 71-16E.

C. If neither the provisions of Subsection A or B above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood-fringe, if the addition:

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

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

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

D. All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances and Ch. COMM 83, Wis. Adm. Code.

E. All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter and Chs. NR 811 and NR 812, Wis. Adm. Code.

ARTICLE VII

Administration

§ 71-24. Previously appointed officials.

Where a Zoning Administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under §§ 59.69, 59.692 or 62.23(7), Wis Stats., these officials shall also administer this chapter.

§ 71-25. Zoning Administrator.

The Zoning Administrator is authorized to administer this chapter and shall have the following duties and powers:

A. 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.

B. Issue permits and inspect properties for compliance with provisions of this chapter and issue certificates of compliance where appropriate.

C. Keep records of all official actions, such as:

(1) All permits issued, inspections made, and work approved.

(2) Documentation of certified lowest floor and regional flood elevations for floodplain development.

(3) Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures, including changes, appeals, variances and amendments.

D. Submit copies of the following items to the Department regional office:

(1) Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments.

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

E. Investigate, prepare reports, and report violations of this chapter to the municipal zoning agency and Attorney for prosecution. Copies of the reports shall also be sent to the Department regional office.

F. Submit copies of text and map amendments and biennial reports to the FEMA regional office.

§ 71-26. Land use permit; certificate of compliance; other permits.

A. Land use permit. A land use permit shall be obtained before any new development or any repair or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include:

(1) General information:

(a) Name and address of the applicant, property owner and contractor.

(b) Legal description, proposed use, and whether it is new construction or a modification.

(2) Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

(a) Location, dimensions, area and elevation of the lot;

(b) Location of the ordinary high-water mark of any abutting navigable waterways;

(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 National Geodetic and Vertical Datum (NGVD);

(h) Data sufficient to determine the regional flood elevation in NGVD at the location of the development and to determine whether or not the requirements of Article III or Article IV 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 § 71-6. This may include any of the information noted in § 71-12A.

(3) Data requirements to analyze developments.

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

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

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

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

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

(4) Expiration. All permits issued under the authority of this chapter shall expire 180 days after issuance.

B. 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 chapter.

(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 or registered 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 registered architect that floodproofing measures meet the requirements of § 71-30.

C. Other permits. The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.

§ 71-27. Zoning agency.

A. The Holmen Planning Commission shall:

(1) Oversee the functions of the office of the Zoning Administrator; and

(2) Review and advise the governing body on all proposed amendments to this chapter, maps and text.

B. This zoning agency shall not:

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

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

§ 71-28. Board of adjustment/appeals.

The Board of Appeals, created under § 59.694, Wis. Stats., for counties or § 62.23(7)(e), Wis. Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this chapter. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator may not be the Secretary of the Board.

A. Powers and duties: The Board of Appeals shall:

(1) Appeals: hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter.

(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 or attorney. The Board shall:

[1] Resolve boundary disputes according to § 71-28C.

[2] Decide variance applications according to § 71-28D.

[3] Decide appeals of permit denials according to § 71-29.

(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.

(d) State the specific facts which are the basis for the Board's decision.

(e) Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application.

(f) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.

C. Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:

(1) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.

(2) In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board.

(3) If the boundary is incorrectly mapped, the Board should inform the Zoning Committee or the person contesting the boundary location to petition the governing body for a map amendment according to Article VIII.

D. Variance.

(1) The Board may, upon appeal, grant a variance from the standards of this chapter 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;

(d) The variance is consistent with the purpose of this chapter in § 71-3.

(2) In addition to the criteria in Subsection D(1), to qualify for a variance under FEMA regulations, the following criteria must be met:

(a) The variance may not cause any increase in the regional flood elevation.

(b) Variances can only be granted for lots that are less than 1/2 acre and are contiguous to existing structures constructed below the RFE.

(c) Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the chapter.

(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.

(d) Damage the rights or property values of other persons in the area.

(e) Allow actions without the amendments to this chapter or map(s) required in Article VIII.

(f) Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

(4) When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record.

§ 71-29. Review of appeals of permit denials.

A. The zoning agency (§ 71-27) or Board shall review all data related to the appeal. This may include:

(1) Permit application data listed in § 71-26A.

(2) Floodway/flood-fringe determination data in § 71-20.

(3) Data listed in § 71-12A(2)(b), 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 § 71-28.

(2) Consider zoning agency recommendations; and

(3) Either uphold the denial or grant the appeal.

C. For appeals concerning increases in regional flood elevation the Board shall:

(1) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners.

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

§ 71-30. Floodproofing.

A. No permit or variance shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation.

B. Floodproofing measures shall be designed to:

(1) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

(2) Protect structures to the flood protection elevation;

(3) Anchor structures to foundations to resist flotation and lateral movement; and

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

C. Floodproofing measures could include:

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

(2) Adding mass or weight to prevent flotation.

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

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

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

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

§ 71-31. 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.

ARTICLE VIII

Amendments

§ 71-32. Actions requiring amendment.

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

A. Any change to the official Floodplain Zoning Map, including the floodway line or boundary of any floodplain area.

B. Correction of discrepancies between the water surface profiles and floodplain zoning maps.

C. Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.

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

E. Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality.

F. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood-fringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. Note: Consult the FEMA Web site - www.fema.gov - for a current map change fee schedule.

§ 71-33. Procedures.

Ordinance amendments may be made upon petition of any interested party according to the provisions of § 62.23, Wis. Stats., for cities and villages, or § 59.69, Wis. Stats., for counties. Such petitions shall include all necessary data required by §§ 71-20 and 71-26A.

A. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 62.23, Wis. Stats., for cities and villages or § 59-69, Wis. Stats., for counties.

B. No amendments shall become effective until reviewed and approved by the Department.

C. All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

D. For amendments in areas with no water surface profiles, the zoning agency or Board shall consider data submitted by the Department, the Zoning Administrator's visual on-site inspections and other available information. (See § 71-5D.)

ARTICLE IX

Enforcement and Penalties

§ 71-34. Violations and penalties.

Any violation of the provisions of this chapter by any person shall be unlawful and shall be referred to the Municipal Attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $100 and not more than $1,000, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter 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 § 87.30, Wis. Stats.

ARTICLE X

Definitions

§ 71-35. Word usage; terms defined.

A. Unless specifically defined below, words and phrases used in this chapter shall have the same meanings as they have at common law and to give this chapter its most reasonable application. 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 not discretionary.

B. As used in this chapter, the following terms shall have the meanings indicated:

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.

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.

BASE FLOOD — 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.