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17-13 (d) No modification or addition to any ordinances and Ch. NR 111 and NR 112, Wis. nonconforming structure or any structure with a Adm. Code. - nonconforming use, which over the life of the structure would exceed fifty percent (50%) of its 17.53 FLOODFRINGE AREAS. (1) No present equalized assessed value, shall be allowed modification or addition shall be allowed to any unless the entire structure is permanently changed nonconforming structure or any structure with a to a conforming structure with a conforming use in nonconforming use unless such modification or 1 - compliance with the applicable requirements of addition has been granted a permit or variance by this ordinance. Contiguous dry land access must the county. In addition, the modification or be provided for residential and commercial uses in addition shall be placed on fill or floodproofed to compliance with s. 17.39(1). the flood protection elevation in compliance with (e) If any nonconforming structure or any the standards for that particular use in s. 17.39, structure with a nonconforming use is destroyed or except where sub. (2) is applicable. is so badly damaged that it cannot be practically (2) Where compliance with the provisions of restored, it cannot be replaced, reconstructed or sub. (1) would result in unnecessary hardship, and rebuilt unless the use and the structure meet the only where the structure will not be used for requirements of this ordinance. For the purpose of human habitation or be associated with a high this subsection, restoration is deemed impractical flood damage potential, the board of adjustment, where the total cost of such restoration would using the procedures established in s. 17.63, may exceed 50% of the present equalized assessed grant a variance from those provisions of sub. (1) value of the structure. for modifications or additions, using the criteria listed below. Modifications or additions which are 17.52 FLOODWAY AREAS. (1) No modification protected to elevations lower than the flood or addition shall be allowed to any nonconforming protection elevation may be permitted provided: structure or any structure with a nonconforming (a) No floor is allowed below the regional flood use in a floodway area, unless such modification or elevation for residential or commercial structures; ■ ' addition: (a) Has been granted a permit or and variance which meets the floodway requirements (b) Human lives are not endangered; of this ordinance; and (c) Public facilities, such as water or sewer, will r (b) Meets the requirements of s. 17.51; and not be installed; (c) Will not increase the obstruction to flood (d) Flood depths will not exceed two feet; flows or regional flood height, and (e) Flood velocities will not exceed two feet per (d) Any addition to the existing structure shall be second; and fj floodproofed, pursuant to s. 17.65, by means other (f) The structure will not be used for storage of _} than the use of fill, to the flood protection materials described in s. 17.39(5). elevation. (3) If neither the provisions of subs. (1) nor (2) (2) No new on-site sewage disposal system, or above can be met, an addition to an existing room + ; addition to an existing on-site sewage disposal in a nonconforming building or a building with a system, except where an addition has been ordered nonconforming use may be allowed in the by a government agency to correct a hazard to floodfringe on a one-time basis only, if the public health, shall be allowed in a floodway area. addition: Any replacement, repair or maintenance of an (a) Meets all other regulations and will be existing on-site sewage disposal system in a granted by permit or variance; floodway area shall meet the applicable (b) Does not exceed 60 square feet in area; and requirements of all county ordinances and Ch. (c) In combination with other previous ILHR 83, Wis.Adm. Code. modifications or additions to the building, does not -- (3) No new well or modification to an existing exceed '50% of the present equalized assessed well, used to obtain water for ultimate human value of the building. consumption, shall be allowed in a floodway area. (4) All new private sewage disposal systems, or • Any replacement, repair or maintenance of an addition to, replacement, repair or maintenance of existing well in a floodway area shall meet the a private sewage disposal system shall meet all the applicable requirements of all municipal 21 Annotation: Rev. July-91 rev. 043095 i '