City of Oshkosh Municipal Codes 8/31/06 ARTICLE XV. FLOODPLAIN PROVISIONS SECTION 30-39 TITLE This ordinance shall be known as the "Floodplain Zoning Ordinance for the City of Oshkosh, Wisconsin". SECTION 30-40 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE (A) Statutory Authorization This Ordinance is adopted pursuant to the authorization in Section 62.23 and the requirements in Section 87.30, Stats. 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. Statement of Purpose This Ordinance is intended to regulate floodplain development to: (1) (2) (3) (4) (5) (6) (7) (8) (9) Protect life, health and property; Minimize expenditures of public funds for flood control projects; Minimize rescue and relief efforts undertaken at the expense of the taxpayers; Minimize business interruptions and other economic disruptions; Minimize damage to public facilities in the floodplain; Minimize the occurrence of future flood blight areas in the floodplain; Discourage the victimization of unwary land and homebuyers; Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. (B) (C) SECTION 30-41 (A) DEFINITIONS Rules of Construction Unless specifically defined, words and phrases in this Ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. (1) A-ZONES: Those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. City of Oshkosh Chapter 30-Page 115 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (2) ACCESSORY STRUCTURE OR USE: A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. BASE FLOOD: Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. BASEMENT: Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides. BUILDING: See STRUCTURE. BULKHEAD LINE: A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to Section 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this Ordinance. CAMPGROUND: Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. CAMPING UNIT: Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle. CERTIFICATE OF COMPLIANCE: A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this Ordinance. CHANNEL: A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. CRAWLWAYS OR CRAWL SPACE: An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. DECK: An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation. DEPARTMENT: The Wisconsin Department of Natural Resources. DEVELOPMENT: Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
Chapter 30-Page 116 Municipal Codes (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) City of Oshkosh City of Oshkosh Municipal Codes 8/31/06 (15) DRYLAND ACCESS: A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. ENCROACHMENT: Any fill, structure, equipment, building, use or development in the floodway. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this Ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The Federal agency that administers the National Flood Insurance Program. FLOOD INSURANCE RATE MAP (FIRM): A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: (a) (b) (c) (d) The overflow or rise of inland waters, The rapid accumulation or runoff of surface waters from any source, The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior, or The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. (16) (17) (18) (19) (20) (21) (22) FLOOD FREQUENCY: The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent (%) chance of occurring in any given year. FLOODFRINGE: That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. (23) City of Oshkosh Chapter 30-Page 117 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (24) FLOOD HAZARD BOUNDARY MAP: A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. FLOOD INSURANCE STUDY: A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. FLOODPLAIN: Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. FLOODPLAIN ISLAND: A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. FLOODPLAIN MANAGEMENT: Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. FLOOD PROFILE: A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. FLOODPROOFING: Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. FLOOD PROTECTION ELEVATION: An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: FREEBOARD.) FLOOD STORAGE: Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. FLOODWAY: The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. FREEBOARD: A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) City of Oshkosh Chapter 30-Page 118 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (35) HABITABLE STRUCTURE: human habitation. Any structure or portion thereof used or designed for (36) HEARING NOTICE: Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. HIGH FLOOD DAMAGE POTENTIAL: Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. HISTORIC STRUCTURE: Any structure that is either: (a) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district, Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. (37) (38) (b) (c) (d) (39) INCREASE IN REGIONAL FLOOD HEIGHT: A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. LAND USE: Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) MANUFACTURED HOME: A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." (40) (41) City of Oshkosh Chapter 30-Page 119 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (42) MOBILE RECREATIONAL VEHICLE: A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." MUNICIPALITY or MUNICIPAL: The county, city or village governmental units enacting, administering and enforcing this Zoning Ordinance. NGVD or NATIONAL GEODETIC VERTICAL DATUM: Elevations referenced to mean sea level datum, 1929 adjustment. NEW CONSTRUCTION: For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. NONCONFORMING STRUCTURE: An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this Ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) NONCONFORMING USE: An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this Ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) OBSTRUCTION TO FLOW: Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. OFFICIAL FLOODPLAIN ZONING MAP: That map, adopted and made part of this Ordinance, as described in Section 30-42(B), which has been approved by the Department and FEMA. OPEN SPACE USE: Those uses having a relatively low flood damage potential and not involving structures. ORDINARY HIGHWATER MARK: The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. (43) (44) (45) (46) (47) (48) (49) (50) (51) City of Oshkosh Chapter 30-Page 120 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (52) PERSON: An individual, or group of individuals, corporation, partnership, association, municipality or state agency. PRIVATE SEWAGE SYSTEM: A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. PUBLIC UTILITIES: Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer. REASONABLY SAFE FROM FLOODING: Means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings. REGIONAL FLOOD: A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. START OF CONSTRUCTION: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE: Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. SUBDIVISION: Has the meaning given in Section 236.02(12), Wis. Stats. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. (53) (54) (55) (56) (57) (58) (59) (60) City of Oshkosh Chapter 30-Page 121 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (61) UNNECESSARY HARDSHIP: Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. VARIANCE: An authorization by the Board of Appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the Floodplain Zoning Ordinance. VIOLATION: The failure of a structure or other development to be fully compliant with the Floodplain Zoning Ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. WATERSHED: The entire region contributing runoff or surface water to a watercourse or body of water. WATER SURFACE PROFILE: A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. WELL: Means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. (62) (63) (64) (65) (66) SECTION 30-42 (A) GENERAL PROVISIONS Areas to be Regulated This Ordinance regulates all areas that would be covered by the regional flood or base flood. Note: Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A-Zones on the Flood Insurance Rate Map. (B) Official Maps & Revisions The boundaries of all floodplain districts are designated as floodplains or A-Zones on the maps listed below and the revisions in the City of Oshkosh Floodplain Appendix. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFE's) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Zoning Administrator, City of Oshkosh. If more than one map or revision is referenced, the most current approved information shall apply. (1) OFFICIAL MAPS: Based on the FIS. (a) Flood Insurance Rate Maps (FIRM), dated 3/17/2003; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 3/17/2003. Approved by: The DNR and FEMA
Chapter 30-Page 122 Municipal Codes City of Oshkosh City of Oshkosh Municipal Codes 8/31/06 (C) Establishment of Districts The regional floodplain areas are divided into three districts as follows: (1) (2) (3) 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. The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway. The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood. (D) Locating Floodplain Boundaries Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in paragraphs (1) or (2) below. If a significant difference exists, the map shall be amended according to Section 30-49. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to Section 30-48(C)(3) and the criteria in (1) and (2) below. (1) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. 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. (2) Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to Section 30-49(A)(6). (E) Removal of Lands from Floodplain Compliance with the provisions of this Ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Section 3049. Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC). (F) Compliance Any development or use within the areas regulated by this Ordinance shall be in compliance with the terms of this Ordinance, and other applicable local, state, and federal regulations. City of Oshkosh Chapter 30-Page 123 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (G) Municipalities and State Agencies Regulated Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Section 30.2022, Stats., applies. Abrogation and Greater Restrictions (1) This Ordinance supersedes all the provisions of any municipal Zoning Ordinance enacted under Section 62.23 for cities or Section 87.30, Stats. If another Ordinance is more restrictive than this Ordinance, that Ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. This Ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. (H) (2) (I) Interpretation In their interpretation and application, the provisions of this Ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this Ordinance, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance. Warning and Disclaimer of Liability The flood protection standards in this Ordinance are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This Ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this Ordinance create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this Ordinance. Severability Should any portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected. Annexed Areas for Cities and Villages The Winnebago 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. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway. (J) (K) (L) City of Oshkosh Chapter 30-Page 124 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (M) General Development Standards The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this Ordinance. SECTION 30-43 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS (A) Hydraulic and Hydrologic Analysis (1) Except as allowed in par. (3) below, no floodplain development shall: (a) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot. (b) (2) 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 sub. (3) are met. Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this Ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 30-49. Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM map. Any such alterations must be reviewed and approved by FEMA and the DNR.. (3) (B) Watercourse Alterations (1) 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. City of Oshkosh Chapter 30-Page 125 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (2) 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. (C) Chapter 30 and 31, WIS. STATS., Development Development which requires a permit from the Department, under chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFE's established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to Section 30-49. (D) Public or Private Campgrounds Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (1) (2) (3) (4) The campground is approved by the Department of Health and Family Services. A land use permit for the campground is issued by the zoning administrator. The character of the river system and the elevation of the campground is such that a 72-hour warning of an impending flood can be given to all campground occupants. 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. 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 sub. (4) to remain in compliance with all applicable regulations, including those of the State Department of Health and Family Services and all other applicable regulations. Only camping units are allowed. 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. 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. The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section. All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either Section 30-44 or Section 30-45 for the floodplain district in which the structure is located. (5) (6) (7) (8) (9) (10) City of Oshkosh Chapter 30-Page 126 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (11) (12) 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. 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. SECTION 30-44 (A) FLOODWAY DISTRICT (FW) Applicability This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Section 30-46(D). 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 Section 30-44(C) and 30-44(D); and all permits or certificates have been issued according to Section 30-48(A): (1) (2) (3) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. 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 Section 30-44(C)(4). Uses or structures accessory to open space uses, or classified as historic structures that comply with Section 30-44(C) and 30-44(D). Extraction of sand, gravel or other materials that comply with Section 30-44 (C)(4). Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chs. 30 and 31, Stats. Public utilities, streets and bridges that comply with Section 30-44(C)(3). (B) (4) (5) (6) (7) (C) Standards for Developments in Floodway Areas (1) GENERAL (a) (b) Any development in floodway areas shall comply with Section 30-43 and have a low flood damage potential. Applicants shall provide the following data to determine the effects of the proposal according to Section 30-43(A): (i) A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or (ii) An analysis calculating the effects of this proposal on regional flood height. City of Oshkosh Chapter 30-Page 127 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (c) The zoning administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for par. (b) above. (2) 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: (a) (b) (c) (d) The structure is not designed for human habitation and does not have a high flood damage potential; It must be anchored to resist flotation, collapse and lateral movement; Mechanical and utility equipment must be elevated to, or floodproofed to or above the regional flood elevation; and It must not obstruct the flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (3) PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: (a) (b) Adequate floodproofing measures are provided to the flood protection elevation; and Construction meets the development standards of Section 30-43(A). (4) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: (a) (b) The requirements of Section 30-43(A) are met; No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to 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; The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and The fill is not classified as a solid or hazardous material. (c) (d) (D) Prohibited Uses All uses not listed as permitted uses in Section 30-44(B) are prohibited, including the following uses: (1) (2) (3) (4) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses; Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; Uses not in harmony with or detrimental to uses permitted in the adjoining districts; 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.
Chapter 30-Page 128 Municipal Codes City of Oshkosh City of Oshkosh Municipal Codes 8/31/06 (5) (6) (7) (8) 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; Any solid or hazardous waste disposal sites; Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; 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. SECTION 30-45 (A) FLOODFRINGE DISTRICT (FF) Applicability This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Section 30-46(D). Permitted Uses Any structure, land use, or development is allowed in the floodfringe district if the standards in Section 30-45(C) are met, the use is not prohibited by this or any other Ordinance or regulation and all permits or certificates specified in Section 30-48(A) have been issued. Standards for Development in Floodfringe Areas Section 30-43(A) shall apply in addition to the following requirements according to the use requested. (1) 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: (a) 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; 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; Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in par. (d). In developments where existing street or sewer line elevations make compliance with par. (c) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if: (i) 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
Chapter 30-Page 129 Municipal Codes (B) (C) (b) (c) (d) City of Oshkosh City of Oshkosh Municipal Codes 8/31/06 (ii) The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Department. (2) Accessory Structures Or Uses (a) Except as provided in par. (b), 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. 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 provided that it is subject to flood velocities of no more than two feet per second and that it meets all of the provisions of Sections 30-44(C)(2)(a), (b), (c), (d) and 30-45(C)(5) below (b) (3) Commercial Uses Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of Section 30-45(C)(1). Subject to the requirements of sub. (6), 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. 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 Section 30-48(E). Subject to the requirements of sub. (5), 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. 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 Section 30-48(E). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. Public Utilities, Streets And Bridges All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (a) 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 Section 30-48(E) to the flood protection elevation; Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (4) (5) (6) (b) City of Oshkosh Chapter 30-Page 130 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (7) Sewage Systems All on-site sewage disposal systems shall be floodproofed, pursuant to Section 30-48 (E), to the flood protection elevation and shall meet the provisions of all local Ordinances and ch. COMM 83, Wis. Adm. Code. Wells All wells shall be floodproofed, pursuant to Section 30-48(E), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code. Solid Waste Disposal Sites Disposal of solid or hazardous waste is prohibited in floodfringe areas. Deposition Of Materials Any deposited material must meet all the provisions of this Ordinance. Manufactured Homes (a) 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. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: (i) (ii) have the lowest floor elevated to the flood protection elevation; and be anchored so they do not float, collapse or move laterally during a flood. (8) (9) (10) (11) (b) (c) 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 Section 30-45(C)(1). (12) 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 Section 30-45(C)(11)(b) and (c). 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. SECTION 30-46 (A) GENERAL FLOODPLAIN DISTRICT (GFP) Applicability The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and floodfringe districts shall be delineated when adequate data is available. City of Oshkosh Chapter 30-Page 131 Municipal Codes City of Oshkosh Municipal Codes 8/31/06 (B) Permitted Uses Pursuant to Section 30-46(D), it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway (Section 30-44(B)) and floodfringe areas (Section 30-45(B)) are allowed within the general floodplain district, according to the standards of Section 3046(C), provided that all permits or certificates required under Section 30-48 (A) have been issued. (C) Standards for Development in the General Floodplain District Section 30-44 applies to floodway areas, Section 30-45 applies to floodfringe areas. The rest of this Ordinance applies to either district. Determining Floodway and Floodfringe Limits Upon receiving an application for development within the general floodplain district, the zoning administrator shall: (1) Require the applicant to submit two copies of an aerial photograph or a