§ 42-23. Floodfringe areas.
(a)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in section 42-16, except where subsection 42-23(b) is applicable.
(b)
Where compliance with the provisions of subsection (a) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of adjustment/appeals, using the procedures established in section 42-26, may grant a variance from those provisions of subsection (a) for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
(1)
No floor is allowed below the regional flood elevation for residential or commercial structures;
(2)
Human lives are not endangered;
(3)
Public facilities, such as water or sewer, will not be installed;
(4)
Flood depths will not exceed two feet;
(5)
Flood velocities will not exceed two feet per second; and
(6)
The structure will not be used for storage of materials as described in subsection 42-16(5).
(c)
If neither the provisions of subsection (a) or (b) above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition:
(1)
Meets all other regulations and will be granted by permit or variance;
(2)
Does not exceed 60 square feet in area; and
(3)
In combination with other previous modifications or additions to the building, does not equal or exceed 50 percent of the present equalized assessed value of the building.
(d)
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances and Wis. Admin. Code ch. COMM 83.
(e)
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter and Wis. Admin. Code chs. NR 811 and NR 812.
(Ord. No. 42, 3-14-2011)