Loading...
HomeMy WebLinkAboutOrdinance 2001 (568) AN ORDINANCE AMENDING THE ST. CROIX COUNTY ZONING ORDINANCE SUBCHAPTER IV, SECTION 17.40 -17.49 FLOODPLAIN DISTRICT Ordinance No. 56 5 G-9 0 0` J St. Croix County, Wisconsin WHEREAS, Chapter 17, Sec. 17.40 -17.49 of the St. Croix County Zoning Code outlines the Floodplain District regulations; and WHEREAS, the Planning, Zoning and Parks Committee held a public hearing on January 10, 2001 to consider amending the County regulations regarding floodplain districts. The Planning, Zoning and Parks Committee has the authority to recommend a change in the ordinance when it deems necessary. WHEREAS, the Planning, Zoning and Parks Committee, having considered all testimony presented at the hearing, recommend the County Board of Supervisors approve an amendment to the St. Croix County Zoning code to adopt the Floodplain District Ordinance as shown on the attachment. THEREFORE, the St. Croix County Board of Supervisors does ordain as follows: Sections 17.40 -17.49 of the St. Croix County Zoning Ordinance are amended as shown on the attachment. Complete Ordinance on file in the County Clerk's and Zoning Office in the St. Croix County Government Center. PLANNING, ZONING AND PARKS COMMITTEE NEGATIVE AFFIRMATIVE .r• : i `% 1 ' /(1, CI 27 - -9-Y1,4 STATE OF WISCONSIN COUNTY OF ST. CROIX 1. Sue E. Nelson, St. Croix County Cleric, DO HEREBY CERTIFY that clop Is a true and Correct c' PY I \ ) adopted by the Coun Board of Supervise 0 o i at their insane held YTh Sue E. liaison, St Cr* County Clerk Ji4 FLOODPLAIN ZONING SUBCHAPTER IV FLOODPLAIN DISTRICT 17.40 INTRODUCTION AND EXPLANATION The floodplain district is an overlay zoning district; that is, this subchapter applies in addition to other zoning regulations found in Chapter 17 to any area meeting the definition of a floodplain. 17.41 GENERAL PROVISIONS (1) AUTHORIZATION. The provisions of this subchapter are adopted pursuant to Wisconsin Statutes §59.692 and Wis. Admin. Code ch. NR 116. (2) FINDINGS OF FACT. The St. Croix County Board of Supervisors finds that the uncontrolled use of floodplains adversely affects the public health, safety, convenience, general welfare, land values, and tax base of St. Croix County. In addition, substantial public expenditures may be required for the protection, rescue, and relief of persons and property in areas subject to flooding. Uncontrolled filling and construction have been determined to be major causes of adverse effects. The effects of a single fill or other single project upon flood heights, velocities, or floodplain storage areas may be relatively insignificant, but the combined effects of a number of such projects may drastically increase injury or damage caused by flooding. Without a thorough analysis of proposed development it is not possible to adequately assess its impact. (3) STATEMENT OF PURPOSE. It is the purpose of this subchapter to promote the public health, safety, and general welfare by: (a) Preventing development in a floodplain which would obstruct flood flows and decrease the storage capacity of the floodplain; (b) Protecting human life and health, and preventing property damage, during flooding; (c) Eliminating public expenditures for costly flood control projects; (d) Reducing the need for rescue and relief efforts during flooding; (e) Minimizing business interruptions during flooding; (f) Reducing the potential for damage to public facilities (such as water mains, sewer lines, streets, and bridges) during flooding; (g) Broadening the property tax base of the County by enhancing property values; -77- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING (h) Discouraging the victimization of unwary home and land buyers; and (i) Preventing conflicts between property owners. (4) DISCLAIMER. The provisions of this subchapter are based on engineering and scientific methods of study and are considered to be reasonable for regulatory purposes. Larger floods may occur on rare occasions or the flood heights may be increased by such occurrences as ice jams and blockages at bridges. Therefore, this subchapter is not to be construed as certification that areas outside the delineated floodplain, or development or other land uses within the floodplain, will always be free from flooding or associated flood damage. This subchapter does not create any liability on the part of, or a cause of action against, St. Croix County, or any officer or employee thereof, for any flood damage that may result from reliance on this subchapter or any administrative decision lawfully made hereunder. (5) DEFINITIONS. In addition to definitions contained in sec. 17.09, the following definitions are pertinent to this subchapter. CAMPGROUND. Means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, which is advertised or represented as a camping area. CAMPING UNIT. Means any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick -up truck or tent. CONDITIONAL USE PERMIT. See Special Exception definition in sec. 17.09. FLOOD FRINGE. Means that portion of the floodplain outside of the floodway, which is covered by flood water during the regional flood. The term, "flood fringe" is generally associated with standing water rather than flowing water. FLOOD PROTECTION ELEVATION. An elevation 2 feet above the regional flood elevation. FLOODWAY. The channel of a river or stream, and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. HIGH FLOOD DAMAGE POTENTIAL. Any potential danger to life or health or any potential significant damage to a structure or its contents. INCREASE IN REGIONAL FLOOD HEIGHT. A calculated upward rise in the regional flood elevation equal to or greater than 0.01 foot, resulting from a -78- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING comparison of existing conditions and proposed conditions which is directly attributable to development in a floodplain but not attributable to manipulation of - mathematical variables such as roughness factors, expansion and contraction coefficients, and discharge. MOBILE RECREATIONAL VEHICLE. A recreational vehicle that is carried, towed, or self - propelled; is licensed for highway use, if registration is required; and is always capable of being driven, carried or towed by a licensed vehicle. NONCONFORMING STRUCTURE. A structure which existed lawfully prior to the enactment of this chapter or amendments that does not now meet dimensional • or structural requirements. • •NONFLOOD DISASTER. A fire, ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but not including a flood. OBSTRUCTION TO FLOW. A development which physically blocks the conveyance of flood waters such that it by itself or in conjunction with any future similar development will cause an increase in the regional flood height. OPEN SPACE USE. A use which has a relatively low flood damage potential, such as uses associated with agriculture, recreation, parking, storage yards, and certain sand and gravel operations. PRIVATE SEWAGE SYSTEM. A sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same • parcel as the structure. Also, an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure. PUBLIC UTILITIES. Those utilities which employ underground or overhead transmission lines, such as electric and telephone, and distribution and collection systems such as water, sanitary sewer, and storm sewer. STRUCTURE. For purposes of this subchapter, any man-made object with form, shape, and utility, either permanently or temporarily attached to or placed upon the ground, river bed, stream bed or lake bed. 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 development in floodplains. 17.42 FLOODPLAIN DISTRICT BOUNDARIES (1) BOUNDARIES. -79- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING The boundaries of the floodplain districts and, where shown, the floodways, shall be those areas designated as the A zones on the Flood Hazard Boundary and Federal Insurance Rate Map, and/or as otherwise described in pars. (2), (3) & (4). This map is dated March 26, 1976 and, with subsequent revisions made to it, reflects profiles contained in the Flood Insurance Study for St. Croix County, dated April 27, 1973, prepared for the Federal Insurance Administration by Owen Ayres & Associates. This map is on file in the St. Croix County Zoning Department office. (2) ST. CROIX RIVER. • The St. Croix River floodplain shall consist of areas that are inundated by the regional flood as described in the Letter of Map Revision from the Federal Emergency Management Agency (FEMA) dated April 6, 1987 and as it relates to a water elevation of 691.6 feet National Geodetic and Vertical Datum (NGVD) at the intersection of the St. Croix River and the Interstate Bridge at Hudson, Wisconsin. (3) GLEN HILLS. The Glen Hills Area floodplain consists of the areas described in the following documents: (a) Dam Failure Analysis for Glen Hills Structures, dated 1999, prepared by Ayres & Associates and approved by the Department of Natural Resources, 1999. 1. Glen Hills Structure 1 Hydraulic Shadow for 100 -Year Flood with Dam Failure map, profile and floodway data table. Prepared by Ayres & Associates and dated January, 1999. 2. Glen Hills Structure 2 Hydraulic Shadow for 100 -Year Flood with Dam Failure map, profile and floodway data table. Prepared by Ayres & Associates and dated January, 1999. 3. Glen Hills Structure 3 Hydraulic Shadow for 100 -Year Flood with Dam Failure map, profile and floodway data table. Prepared by Ayres & Associates and dated January, 1999. 4. Glen Hills Structure 7 Hydraulic Shadow for 100 -Year Flood with Dam Failure map, profile and floodway data table. Prepared by Ayres & Associates and dated March, 1999. 5. Glen Hills Structure 8 Hydraulic Shadow for 100 -Year Flood with Dam Failure map, profile and floodway data table. Prepared by Ayres & Associates and dated March, 1999. 6. Glen Hills Structure 11 Hydraulic Shadow for 100 -Year Flood with Dam Failure map, profile and floodway data table. Prepared by Ayres & Associates and dated January, 1999. (b) Dam Failure Analysis for Glen Hills Structures, dated 1990, prepared by Mead and Hunt, Inc. and approved by the Department of Natural Resources December, 1990. -80- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING Glen Hills Structure 4 Hydraulic Shadow for 100 -Year Flood with Dam Failure map, profile and floodway data table. Prepared by Mead and Hunt, Inc. dated December, 1990. (c) Flood Plain Management Study, dated 1984, prepared by the Department of Agricultural Soil Conservation Service. 1. Glen Hills Structure 5 Hydraulic Shadow for 100 -Year Flood with Dam in Place, No Failure. 2. Glen Hills Structure 6 Hydraulic Shadow for 100 -Year Flood with Dam in Place, No Failure. 3. Glen Hills Structure 10 Hydraulic Shadow for 100 -Year Flood with Dam in Place, No Failure. (4) Particular Determinations. In some situations it may become necessary to undertake a more detailed evaluation of a site to determine a more precise location of a floodway or flood fringe and the impact of proposed development. In such a situation, the Zoning Administrator, with the assistance of technical expertise, will determine the regional flood elevation and if the proposed development will be located in the floodway or flood fringe before reviewing the proposed development plan. (5) Map and Field Condition Discrepancies. When a significant discrepancy exists between the location of the outermost boundary of a floodplain as shown on the floodplain map and actual field conditions, the Zoning Administrator shall proceed as follows: (a) When a flood profile exists, the location of the district boundary shall be determined by the Zoning Administrator using both the scale appearing on the map and the elevations shown on the water surface profile of the regional flood elevation, and the regional flood protection elevation shall be used as the boundary. (b) When a flood profile does not exist, the location of the district boundary shall be determined by the Zoning Administrator based on a visual site inspection and any information available from the Wisconsin Department of Natural Resources. The actual field conditions shall be used to establish the boundary. (c) Engineered analysis for the floodplain boundary may be required, if available information is not complete or supplemental information is required, at the property owner's expense. (d) If a significant difference exists, the map shall be amended using the procedures in sec. 17.72. 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. (e) The Zoning Administrator shall be responsible for initiating any map amendment required under this section within a reasonable period of time. -81- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to sec. 17.70 (6) and the criteria in (a), (b) & (c) above. (6) REMOVAL OF LANDS FROM FLOODPLAIN. Development conducted in compliance with the provisions of this subchapter shall not be grounds for removing land from a floodplain unless such lands are filled to a height of at least 2 feet above the regional flood elevation for the area, are contiguous to other lands lying outside the floodplain, and the floodplain map is amended. To remove flood insurance requirements, FEMA must first revise the Flood Insurance Rate Map or issue a Letter of Map Amendment or Revision. (7) COMPLIANCE. Any development or other use of a floodplain shall be in full compliance with the provisions of this subchapter, and any other applicable local, state, and federal laws, regulations, or rules. (8) ANNEXATION. If a city or village annexes any land located in a floodplain under this subchapter, the provisions of this subchapter shall remain in effect and shall be enforced by the city or village until the city or village adopts a floodplain zoning ordinance which meets the requirements of Wisconsin Administrative Code ch. NR 116, and the floodplain is described on the city or village's official zoning map. 17.43 FLOODWAY DEVELOPMENT STANDARDS (1) GENERAL STANDARDS. (a) No development will be allowed in a floodway which will: 1. Cause an obstruction to flood flows, unless allowed pursuant to sub. (5); 2. Cause an increase in the regional flood discharge; or 3. Adversely affect existing drainage courses or facilities. (b) A structure is prohibited in, on, or over a floodway if it: 1. Is designed for human habitation; 2. Has high flood damage potential; or 3. Is not associated with a permanent open space use (c) Materials that are buoyant, flammable, explosive, or could be harmful to humans, animals, plants, fish, or other aquatic life during a flood may not be stored in a floodway. (d) Sewage systems, whether public or private, are not allowed in a floodway, except as allowed in sub. (3). - 82 - ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING (e) Wells, whether public or private, which are used to obtain water for ultimate human consumption, are not allowed in a floodway, except as allowed in sub. (3). (f) Solid or hazardous waste facilities are not allowed in a floodway. (g) Wastewater treatment ponds or facilities are not allowed in a floodway, except as allowed in sub (3). (h) Sanitary sewer or water lines are not allowed in a floodway, except as allowed in sub. (3). (2) PERMITTED USES IN A FLOODWAY The following uses are allowed in a floodway without a permit if the use: (i) is associated with a permanent open space use; (ii) does not violate sub. (1); (iii) is not prohibited by any other section of this subchapter; (iv) does not endanger the environment or the public health, safety, and welfare; (v) complies with any other applicable law, regulation, or rule; and (vi) written notice of the use is delivered to the Zoning Administrator: (a) Nonstructural components of agricultural uses, such as general farming, pasturing, grazing, plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting; (b) Residential lawns, play areas, gardens, and parking areas; (c) Nonstructural components of public and private: (i) recreational facilities, such as athletic fields, golf courses, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming beaches, parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, trap and skeet ranges, walking and horseback riding trails, biking and snowmobile trails, fishing and hunting areas; (ii) scenic and scientific areas; (iii) fish hatcheries; and (iv) soil and water conservation areas; (d) Uses permitted by DNR pursuant to Wisconsin Statutes chs. 30 and 31, provided that any necessary change or amendment is made by the County to the floodplain map, floodway boundary, water surface profile, and/or floodplain regulation. (e) Camping in a camping unit in a floodway outside of DNR approved campgrounds if the camping unit is nothing more than an easily removable tent or if the following criteria are met: 1. The camping unit is a mobile recreational vehicle; _ 2. The camping unit is on a parcel of land that has 3 or less camping sites, and the parcel is not advertised, represented, or used as a camping area and 3. The camping unit does not occupy the site for more than 180 consecutive days. (3) CONDITIONALLY PERMITTED USES IN A FLOODWAY. The following uses may be allowed in a floodway as a conditionally permitted use. Conditional use permits are issued by the Board of Adjustment. -83- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING (a) Structures that meet the following criteria: 1. Are associated with an open space use or are functionally dependent on a waterfront location; 2. Except as provided in sub. (4), are constructed or placed on the site so as not to obstruct flood flows; 3. Are anchored to prevent them from floating away and restricting bridge openings or other constricted sections of the river or stream; 4. All service facilities, such as electrical and heating equipment, are placed at or above the flood protection elevation; and 5. All other requirements of this subchapter are met. (b) Campgrounds that are approved by the DNR and meet the following criteria: 1. At least a 72 hour warning of flooding can be given to all persons using the campground; 2. A flood warning and evacuation plan, which includes a flood elevation at which evacuation shall occur, in the form of an agreement between the owner, the County Emergency Management Director, the National Weather service, and the Sheriff, is created. This plan shall be renewed annually; 3. All entrances shall have a sign informing users of a potential flood hazard; 4. Only mobile recreational vehicles with self- contained holding tanks, or easily removable tents or camper units, are allowed. No other habitable structures are permitted. 5. Litter collection facilities shall be placed at or flood proofed to the flood protection elevation or be removed during flooding. (c) Drive -in theaters, roadside stands, and parking lots; (d) Signs and billboards; (e) Sand, gravel, or other material extraction operations; (f) Marinas, boat rental, docks, piers, and wharves; (g) Streets, bridges, railroad tracks, public utility transmission lines, and pipelines; (h) Portable latrines that are removed prior to flooding and systems associated with recreational areas and DNR- approved campgrounds that meet the requirements of Wis. Admin. Code ch. COMM 83; (i) Public and private wells in recreation areas that meet the requirements of Wis. Admin. Code chs. NR 111 and 112; (j) Wastewater treatment ponds or facilities that are permitted under Wis. Admin. Code ch. NR 110.15(3)(b); (k) Sanitary sewer and water lines that service existing or proposed development located outside the floodway; (1) Filling or dumping of material if: 1. The material does not encroach below the ordinary high water mark, or a permit has been granted by DNR pursuant to Wisconsin Statutes ch. 30 and a permit has been issued pursuant to sec. 404 of -84- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. sec. 1334, if applicable. 2. The material is covered or contained by riprap, a vegetative cover, sheet piling, or bulkheading that prevents erosion; and 3. Such material is not solid or hazardous waste. (m) Other uses as long as the provisions of sub. (4) are met. (4) STANDARDS FOR CONDITIONALLY PERMITTED USES IN A FLOODWAY. (a) No conditional use permit may be granted by the Board of Adjustment without considering all of the following: 1. The likely danger to life and property due to increased flood heights or velocities caused by the structure or use; 2. The potential for damage from materials being swept onto land or downstream; 3. The proposed water supply and sanitation systems and the methods to be used to prevent the occurrence of disease, contamination, and unsanitary conditions in the event of flooding; 4. The susceptibility of the use or structure to flood damage and the effect of such damage to the owner, 5. The value to the public of the use or structure; 6. Whether or not the use or structure has to have a waterfront location; 7. The availability of alternative locations not subject to flooding for the use or structure; 8. The impact of the use or structure on the comprehensive development plan and floodplain management program for the area; 9. Access to the property during flooding for ordinary and emergency vehicles; 10. The height, velocity, duration, rate of rise, and sediment transport expected at the site during flooding; 11. Such other relevant factors consistent with this subchapter. (5) AMENDMENT ALLOWING DEVELOPMENT IN FLOODWAY (a) Development in a floodway which will cause an obstruction to flood flows may be allowed if an amendment is made by the County Board to the floodway boundary, regional flood profile, floodplain map, and/or floodplain ordinance provisions in accordance with DNR criteria (presently NR 116.11). (b) Any person petitioning for a map amendment as allowed in par. (a), that increases the regional flood elevation 0.01 foot or more shall obtain flooding easements from or make other appropriate legal arrangements with all adversely affected property owners and notify all appropriate local - 85 - ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING units of government before the amendment can be approved by the County Board. 17.44 FLOOD FRINGE DEVELOPMENT STANDARDS (1) GENERAL STANDARDS. (a) No development will be allowed in a flood fringe which will: 1. Cause an obstruction to flood flows of any tributaries to a main river or stream, drainage ditches, or any other drainage facility or system, except as allowed in sec. 17.43(5); or • 2. Reduce conveyance capacity by obstructing flood flows, or reduce storage capacity, of the floodplain which results in an increase in the regional flood height or discharge. (b) Solid or hazardous waste disposal facilities, whether public or private, are prohibited in a flood fringe. (2) PERMITTED USES IN A FLOOD FRINGE. (a) Any use allowed without a permit in a floodplain by sec. 17.43(2) is allowed without a permit in a flood fringe. (b) Public utilities, streets, and bridges are allowed in a flood fringe without a permit. If failure or interruption of these public facilities would endanger the public health or safety, or if such facilities are essential to the order of the area, they shall be flood proofed in accordance with sec. 17.46. A lesser degree of protection may be provided for minor or auxiliary roads or utilities. (c) A private sewage system associated with a conditionally permitted use is allowed without an additional permit under this subchapter, provided it complies with all other applicable laws, regulations, and rules. (d) A well associated with a conditionally permitted is are allowed without an additional permit under this subchapter, provided the well is flood proofed to the flood protection elevation and complies with all other applicable laws, regulations, or rules. (3) CONDITIONALLY PERMITTED USES IN A FLOOD FRINGE. The following uses may be allowed in a flood fringe as a conditionally permitted use. Conditional use permits are issued by the Board of Adjustment. (a) Residential Structures 1. A residential structure used for human habitation, whether year - round or seasonal, which is to be constructed, reconstructed, erected, added on to or otherwise structurally altered, placed in, or moved into a flood fringe may be allowed, provided the following conditions are met: - 86 - ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING a. The structure shall be placed on fill with the finished surface of the lowest floor, excluding basement or crawl space, at or above the flood protection elevation. A variance may not be granted to this requirement; b. If the structure has a basement or crawl space, the surface of the floor of the basement or crawl space shall be at or above the regional flood elevation and shall be flood proofed in accordance with sec. 17.46. A variance may not be granted to this requirement. c. Fill shall not be less than one foot above the regional flood elevation and shall extend at least 15 feet beyond the lines of the structure, except as provided below; d. Dry land access shall be provided, except as provided below. e. If existing streets or sewer lines are at elevations which make compliance with par. c or d impractical, the DNR may approve the use of other flood proofing measures. f. If existing streets or sewer lines are at elevations which make compliance with par. d impractical, new development and substantial improvements may be permitted where access roads are at an elevation lower than the regional flood elevation, provided: (i). The County has a natural disaster plan which has the concurrence of the Division of Emergency Management and approval by DNR; (b) Accessory Structures. 1. Accessory structures, including agricultural structures, may be allowed, provided the following conditions are met: a. The structure is not designed for human habitation; b. The structure has a low flood damage potential; c. The structure is firmly anchored to prevent it from floating away and restricting bridge openings or other constricted sections of a river or stream; and d. All service facilities, such as electrical and heating equipment, are placed at or above the flood protection elevation. 2. An accessory structure may be constructed at an elevation lower than the flood protection elevation, provided the structure is not inundated with water to a depth greater than 2 feet or subject to flood velocities greater than 2 feet per second upon the occurrence of the regional flood. 3. An accessory structure used for storage shall not contain materials which are buoyant, flammable, explosive, or could otherwise be harmful to humans, animals, plants, fish or aquatic life, water quality, or property, unless the structure is flood proofed in accordance with sec. 17.46 or the materials being stored are placed at or above the flood protection elevation. Adequate measures -87- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING shall be taken to assure that these materials will not enter a river or stream during flooding. - (c) Commercial Structures. 1. A commercial structure, whether it is to be constructed, reconstructed, erected, added on to or otherwise structurally altered, placed in, or moved into a flood fringe, may be allowed, provided the requirements of sub. 17.44 (3)(a) are met. 2. Commercial yards, parking lots, and other accessory structures may be located at elevations lower than the flood protection elevation, provided no such area generally used by the public may be inundated with water to a depth greater than 2 feet or subjected to flood velocities greater than 2 feet per second upon the . occurrence of the regional flood. Inundation to depths greater than 2 feet may be allowed provided an adequate warning system is ' installed. (d) Industrial Structures. 1. An industrial structure, whether it is to be constructed, reconstructed, erected, added on to or otherwise structurally altered, placed in, or moved into a flood fringe, may be allowed, provided the structure is flood proofed in accordance with sec. 17.46. On rivers or streams that have a protracted flood duration, greater protection may be required. A lesser degree of protection may be allowed for storage yards, parking lots, and other accessory structures. (e) Storage Structures. 1. Storage structures which are principal structures may be allowed, provided they comply with sub. 17.44 (3)(b). (f) Deposition of Materials. 1. Deposition of materials may be allowed if: a. The material does not encroach below the ordinary high water mark, or a permit has been granted by DNR pursuant to Wisconsin Statutes ch. 30 and a permit has been issued pursuant to sec. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. sec. 1334, if applicable. (b). The material is covered or contained by riprap, a vegetative cover, sheet piling, or bulkheading that prevents erosion; and (c). Such material is not solid or hazardous waste. 17.45 NONCONFORMING STRUCTURES IN FLOODPLAIN (1) GENERAL. (a) A nonconforming structure located in a floodplain: 1. May not be expanded, enlarged, or altered in a way that increases its nonconformity. - 88 - ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING 2. That is damaged or destroyed by a nonflood disaster shall be allowed to be repaired, reconstructed, or improved to the extent required to restore it to its previous dimensions before the nonflood disaster, except as provided in par. (2) below. 3. May not be repaired, reconstructed, or improved if, after repair, reconstruction, or improvement: (1) the nonconforming structure will fail to meet one or more of the minimum requirements applicable to such a nonconforming structure under 42 USC 4001 to 4129 or under the regulations promulgated thereunder; or (2) the nonconforming structure will be used for a nonconforming use. (b) Any repair, reconstruction, improvement, expansion, enlargement, or alteration that is allowed shall require a land use permit from the Zoning Administrator before work is commenced. (2) ADDITIONAL STANDARDS FOR FLOODWAY. (a) No modification or addition shall be allowed to any nonconforming structure in a floodway unless : 1. The modification or addition will not increase the amount of obstruction - to flood flows; and 2. Any addition to a structure is floodproofed in accordance with sec. 17.46, by means other than the use of fill. (b) No new private sewage disposal system, or addition to an existing private sewage disposal system, shall be allowed in a floodway area. Any replacement, repair, or maintenance of an existing private sewage disposal system in a floodway area shall meet the requirements of all applicable County regulations and Wis. Admin. Code ch. COMM 83. (c) No new well, or modification to an existing well, used to obtain water for ultimate human consumption, shall be allowed in a floodway area. Any replacement, repair, or maintenance of an existing well in a floodway area shall meet the requirements of all applicable County regulations and Wis. Admin. Code Chs. NR 111 and 112. (3) ADDITIONAL STANDARDS IN FLOOD FRINGE. (a) No modification or addition shall be allowed to any nonconforming structure in a flood fringe unless the modification or addition is placed on fill at or above the flood protection elevation or is flood proofed in accordance with sec. 17.46. - (b) New private sewage systems, or additions to, maintenance, repair, or replacement of existing private sewage systems, in a flood fringe shall meet the requirements of all applicable County regulations and Wis. Admin. Code ch. COMM 83. (c) New wells, or additions to, maintenance, repair, or replacement of existing wells, in a flood fringe shall meet the requirements of all applicable County regulations and Wis. Admin. Code chs. NR 811 and 812. - 89 - ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING 17.46 FLOODPROOFING (1) GENERAL STANDARDS. (a) When flood proofing is required, flood proofing measures shall be designed to withstand the flood pressures, depths, velocities, uplift and impact forces, and other factors associated with the regional flood, to keep the structure watertight and completely dry to the flood protection elevation during flooding without human intervention. (b) When flood proofing is required, a registered professional engineer or architect shall certify in writing that the methods used will meet the requirements of par. (a). (c) Acceptable flood proofing measures. are: 1. Anchoring structures, or adding mass or weight to structures, to prevent flotation; 2. Reinforcement of walls and floors to resist rupture or collapse caused by water pressure or floating debris; 3. Placement of electric and heating equipment above the flood protection elevation; 4. Surface or subsurface drainage systems, including pumping facilities, to relieve external foundation wall and basement floor pressures; 5. Construction of wells, water supply systems, and waste treatment systems to prevent the entrance of flood waters into the systems; 6. Cutoff valves on sewer lines or elimination of gravity flow basement drains. 7. Locating public utilities at or above the flood protection elevation. 17.47 LAND USE PERMIT (1) GENERAL PROVISION. When required, a land use permit shall be obtained from the Zoning Administrator before any change to an existing structure may be initiated. Application shall be made to the Zoning Administrator upon forms furnished by the zoning office and shall include a site development plan. (2) APPLICATION. _ (a) Applications for a land use permit shall be signed by the landowner or his/her agent. Agent does not include a prospective purchaser of the property. (b) The property for which an application for a land use permit is made shall be in compliance with Wisconsin Statutes sec. 66.036 and with Ch. 15, County Sanitary Code. (c) No application shall be accepted by the zoning office if the property for which a land use permit is being applied for is not in compliance with any -90- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING provision of this chapter. (d) Any application for a land use permit shall be accompanied by a signed statement by the owner of the subject property that use of the property shall comply with the provisions of this chapter. (e) Any land use permit issued in violation of any provision of this Chapter is null and void. (f) The applicant shall post the land use permit in a conspicuous place on the property during construction or development. (g) A land use permit involving construction or development shall expire after one year, unless substantial construction has been completed and an extension is obtained from the Zoning Administrator. (h) An extension of the land use permit may be granted for up to six months for good cause. An application for an extension must be submitted at least 10 working days before the-expiration of the land use permit. (i) Subsequent to issuance of a land use permit, the Zoning Administrator or a designee may at reasonable times inspect the property for compliance with its terms. (3) DECISIONS. (a) A land use permit shall be granted or denied within 30 days after a properly completed application is accepted by the Zoning Administrator or a designee. (b) All decisions shall be in writing, shall state the reasons for the decision, and shall be mailed to the applicant within 10 working days of the decision. (4) MODIFICATION OR REVOCATION OF PERMIT. • (a) After notice and a hearing, the Board of Adjustment may modify a land use permit if unanticipated substantial negative impacts on the general health, safety, or welfare occur after the permit is issued. (b) After notice and a hearing, the Board of Adjustment may revoke a land use permit if the conditions of the permit are violated. (c) Any failure to take action on a past violation shall not operate as a waiver of the right to take action in the future. (5) SITE DEVELOPMENT PLAN. The site development plan shall be drawn to scale and shall include: (a) Location, dimensions, and area of the property; (b) Location of 2 foot contour elevations in the area of the proposed development. (b) Location of navigable waterways; (c) Location of any structures showing distances from the lot lines and center line of all abutting streets or highways; -91- ST. CROIX COUNTY 02/02/01 FLOODPLAIN ZONING (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 boundaries on the property as determined from the official floodplain zoning map; (g) The elevation of the lowest floor of a proposed building and any fill using National Geodetic and Vertical Datum (NGVD). (h) Data sufficient to determine the regional flood elevation in National Geodetic and Vertical Datum (NGVD) at the location of the development. (i) Data sufficient to determine if the proposed development will cause either an obstruction to flow or an increase in regional flood elevation or discharge. (j) If inadequate data exists to determine the regional flood elevation, the procedures in sec. 17.42(4) or (5) shall be utilized to establish boundaries. 17.48 CERTIFICATE OF COMPLIANCE. (1) Except when no permit is required, no land or structure shall be used or occupied without first obtaining a certificate of compliance from the Zoning Administrator. The certificate of compliance shall show that the land or structure, and the proposed use, conform to the provisions of this subchapter. (2) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification of completion of the work specified in the permit is received by the Zoning Administrator. (3) 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 sec. 17.46. 17.49 OTHER PERMITS The applicant must secure all other 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. 1334. -92- ST. CROIX COUNTY 02/02/01