§ 44-1232. FWO and FFO overlay districts.

(a)

Modifications to floodplain nonconforming use or structure. In accordance with Wis. Stats. § 62.23(7)(h), no modification to a floodplain nonconforming use or structure shall be permitted that would, over the life of the nonconforming use or structure, exceed 50 percent of the equalized assessed value of the structure at the time of modification, unless the entire structure is changed to a conforming structure with a conforming use or is damaged or destroyed by certain natural causes and may be restored in accordance with Wis. Stats. § 62.23(7)(hc). The percentage shall be derived from the cost of the modification compared to the structure's equalized assessed value at the time of the modification. Ordinary maintenance repairs are not considered structural repairs or alterations. Such ordinary maintenance repairs include internal and external painting, decorating, and paneling; the replacement of doors, windows, and other nonstructural components; and the maintenance, repair, or replacement of existing sewage systems, water supply systems, or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure in a floodplain. The cost of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation is excluded from the 50 percent provision in this paragraph.

(1)

The construction of a deck that does not exceed 200 square feet in size in a floodplain and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the principal structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

(2)

The building inspector shall maintain records of all floodplain nonconforming uses and structures, and modifications made to floodplain nonconforming uses and structures. Records shall reflect the current equalized assessed value of nonconforming structures, the costs of any modifications that are permitted, and the percentage of the structure's current value that those modifications represent.

(b)

Additional requirements for nonconforming uses and structures in the FWO Overlay District. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodway, unless such modification or addition:

(1)

Has been granted a permit or variance that meets the requirements of this chapter.

(2)

Contiguous dry land access will be provided for residential, business, industrial, and institutional uses in compliance with this chapter.

(3)

Will not increase the obstruction to flood flows or regional flood height.

(4)

Any addition to the existing structure shall be floodproofed, pursuant to section 44-1036, by means other than the use of fill, to the flood protection elevation.

(5)

No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the floodway. Any replacement, repair, or maintenance of an existing on-site sewage disposal system in the floodway shall meet all applicable requirements of city ordinances and Wis. Admin. Code ch. SPS 383.

(6)

No new well or modification to an existing well used to obtain water for ultimate human consumption shall be allowed in the floodway. Any replacement, repair, or maintenance of an existing well in the floodway shall meet all applicable requirements of city ordinances and Wis. Admin. Code chs. NR 811 and NR 812.

(7)

If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

a.

The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening shall be no more than 12 inches above the adjacent grade.

b.

The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials.

c.

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation.

d.

The use must be limited to parking or limited storage.

(c)

Additional requirements for nonconforming uses and structures in the FFO Overlay District. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodplain fringe unless such modification or addition:

(1)

Has been granted a permit or variance by the city.

(2)

The modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in this chapter, except where subsection (c)(3) of this section applies.

(3)

Where compliance with the fill or floodproofing provisions of subsection (c)(2) of this section would result in unnecessary hardship, and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of zoning appeals, using the procedures established in article XII, division 2 of this chapter, may grant a variance for modifications or additions which are protected to elevations lower than the flood protection elevation provided:

a.

No floor is allowed below the regional flood elevation for residential or business structures.

b.

Human lives are not endangered.

c.

Public facilities, such as water or sewer, will not be installed.

d.

Flood depths will not exceed two feet.

e.

Flood velocities will not exceed two feet per second.

f.

The structure will not be used for storage of materials described in this chapter.

(4)

An addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the FFO Overlay District on a one-time basis only, provided that the addition:

a.

Has been granted a permit or variance by the city.

b.

Does not exceed 60 square feet in area.

c.

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

(5)

All new private sewage disposal systems, or additions to, replacement, repair, or maintenance of, a private sewage disposal system shall meet all applicable provisions of city ordinances and Wis. Admin. Code ch. SPS 383.

(6)

All new wells, or additions to, replacement, repair, or maintenance of a well shall meet all applicable provisions of city ordinances and Wis. Admin. Code chs. NR 811 and NR 812.

(Code 2004, § 17.0907; Ord. No. 2219, 9-16-2006)