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Chapter 26. Floodplain Ordinance

Sec. 26-05. Floodfringe district (FF)

(1) Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Sec. 26-07.

(2) Permitted uses. Any structure, land use, or development is allowed in the floodfringe district if the standards in Sec. 26-05 (3) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Sec. 26-09 (2) have been issued.

(3)  Standards for development in floodfringe areas. Sec. 26-03 (1) shall apply in addition to the following requirements according to the use requested.

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

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

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

3. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in par. 4.

4. In developments where existing street or sewer line elevations make compliance with par. 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.

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

2. An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of Secs. 26-04 (3) (b) and Sec. 26-05 (3) (e) below.

(c) Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of Sec. 26-05 (3) (a). Subject to the requirements of Sec. 26-05 (3) (e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(d) Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures in Sec. 26-09 (9). Subject to the requirements of Sec. 26-05 (3) (e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(e) Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Sec. 26-09 (9). 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 Sec. 26-09 (9) to the flood protection elevation;

2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

(g) Sewage systems. All on‑site sewage disposal systems shall be floodproofed, pursuant to Sec. 26-09 (9), to the flood protection elevation and shall meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.

(h) Wells. All wells shall be floodproofed, pursuant to Sec. 26-09 (9), to the flood protection elevation and shall meet the provisions of chs.NR811 and NR812, Wis. Adm. Code.

(i) Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

(j) Deposition of materials. Any deposited material must meet all the provisions of this ordinance.

(k) Manufactured homes.

1. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

2. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

a. have the lowest floor elevated to the flood protection elevation; and

b. be anchored so they do not float, collapse or move laterally during a flood

3. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in Sec. 26-05 (3) (a).

(l) Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Sec. 26-05 (3) (k) 2. and 3. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

(Ord. No. 1169, 1, 1-12-2010; Ord. No. 1220, 1, 2-28-2012)