Chapter 17.20
FLOODWAY DISTRICT (FW)
Sections:
17.20.030 Standards for developments in floodway areas.
17.20.010 Applicability.
The provisions of this chapter shall apply to all areas within the floodway district, as shown on the official floodplain zoning maps, and to the floodway portion of the general floodplain district, as determined pursuant to AMC 17.30.040. [Prior code § 10-2-20].
17.20.020 Permitted uses.
The following open space uses are permitted within the floodway district, and in the floodway portion of the general floodplain district; provided, that they are not prohibited by any other ordinance; and provided further, that they meet all of the standards contained in AMC 17.20.030 and 17.20.040, and all permits or certificates have been issued according to Chapter 17.50 AMC.
(a) Agricultural uses, such as: general farming, pasturing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b) Nonstructural industrial and commercial uses, such as: loading areas, parking areas, and airport landing strips.
(c) Nonstructural private and public recreational uses, such as: golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
(d) Uses or structures accessory to open space uses, or essential for historical areas, providing they are not in conflict with the provisions in AMC 17.20.030 and 17.20.040.
(e) Extraction of sand, gravel or other materials pursuant to AMC 17.20.030(d).
(f) Docks, piers or wharves, including docks, piers or wharves used as part of a marina, and other water-related uses, such as dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines, according to Chapters 30 and 31, Wis. Stats.
(g) Public utilities, streets and bridges, according to AMC 17.20.030(c). [Prior code § 10-2-21].
17.20.030 Standards for developments in floodway areas.
(a) General Requirements.
(1) Any development in floodway areas shall:
a. Meet all of the provisions of AMC 17.35.010; and
b. Have a low flood damage potential.
(2) Applicants shall provide the following data for the zoning administrator to determine the effects of the proposal according to AMC 17.35.010(a):
a. A cross-section elevation view of the proposal, perpendicular to the watercourse, indicating whether the proposed development will obstruct flow; or
b. An analysis calculating the effects of this proposal on regional flood height.
(3) The zoning administrator shall deny the permit application where it is determined the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the date submitted for subsection (a)(2) of this section.
(b) Structures. In or over floodway areas, only structures which are accessory to permitted open space uses, or are essential for historical areas, or are functionally dependent on a waterfront location may be allowed by permit, providing the structures meet all of the following criteria:
(1) The structures are not designed for human habitation;
(2) The structures are constructed and placed on the building site so as to cause an increase less than 0.01 foot in flood height and offer minimum obstruction to the flow of flood waters. Structures shall be constructed with the longitudinal axis parallel to the direction of flow of flood waters, and approximately on the same line as those of adjoining structures;
(3) The structures are firmly anchored to prevent them from floating away, and restricting bridge openings or other restricted sections of the stream or river; and
(4) The structures have all service facilities, such as electrical and heating equipment, at or above the flood protection elevation for the particular area.
(c) Utilities. Public utilities, streets and bridges; provided, that:
(1) Adequate floodproofing measures are provided to the flood protection elevation;
(2) Construction does not cause an increase in the regional flood height according to AMC 17.35.010(a), except where the water surface profiles, floodplain zoning maps and floodplain zoning ordinance are amended as needed, to reflect any changes resulting from such construction.
(d) Fills. Fills or deposition of materials may be permitted; provided, that:
(1) The requirements of AMC 17.35.010(a) are met;
(2) The fill or deposition of materials does not encroach on the channel area between the ordinary high water mark on each bank of the stream unless a permit has been granted by the Department of Natural Resources pursuant to Chapter 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334 has been issued, if applicable, and the other requirements of this section are met;
(3) The fill or other materials will be protected against erosion by rip rap, vegetative cover, sheet piling and/or bulkheading sufficient to prevent erosion; and provided, that
(4) Such fills are not associated with private or public solid waste disposal. [Prior code § 10-2-22].
17.20.040 Prohibited uses.
All uses not listed as permitted uses in AMC 17.20.020 are prohibited within the floodway district and in the floodway portion of the general floodplain district including the following uses which are always prohibited in the floodway:
(a) Structures designed for human habitation, associated with high flood damage potential, or not associated with permanent open space uses;
(b) Storage of any materials that are capable of floating, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
(c) Any uses which are not in harmony with, or which may be detrimental to, the uses permitted in the adjoining districts;
(d) All 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 Wis. Adm. Code Chapter WDW 83;
(e) All public or private wells which are used to obtain water for ultimate human consumption; except those for recreational areas that meet the requirements of local ordinances and Wis. Adm. Code Chapters NR 111 and NR 112;
(f) All solid and hazardous waste disposal sites, whether public or private;
(g) All wastewater treatment ponds or facilities except those permitted under Wis. Adm. Code Section NR 110.15(3)(b);
(h) All sanitary sewer or water lines except those to service existing or proposed development outside the floodway which complies with the regulations for the floodplain area occupied. [Prior code § 10-2-23].