10/1980-12/1980 Zoning Ordinance

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(4) Compliance with the provisions of this ordinance shall not be grounds for the removal of lands from the flood plain district unless; such lands are filled to a height of at least two feet above the elevation of the "regional flood" for the particular area and are contiguous to other lands lying outside the flood plain district, approval has been granted by the Department of Natural Resources pursuant to ss 10.57 of this ordi- nance, and, where required, an "official letter of map amendment" has been issued by the FIA of the Federal Emergency Management Agency (FEMA) . (c) EFFECT OF FLOOD PLAIN DISTRICT REGULATIONS: The regulations set forth in this Ordi- nance for flood plain, flood fringe and floodway district shall apply to all flood plains, flood fringes and floodways mapped on the "official flood plain zoning map" . (See 10.59 (a) (27) . (d) COMPLIANCE: No new use or change in use of any structure, land or water shall be lo- cated, extended, converted or structurally altered and no development as defined in this ordinance shall commence without full compliance with the terms of this Ordinance and other applicable regulations. (e) ABROGATION AND GREATER RESTRICTIONS: (1) This Ordinance supersedes provisions of any zoning ordinance relating to flood plains. However, any underlying zoning shall remain in full force and effect to the extent that its provisions are more restrictive. (2) It is not otherwise intended by this ordinance to repeal, abrogate, or impair any existing deed restrictions; however, where this Ordinance imposes greater restric- tions the provisions of this Ordinance shall prevail. (f) INTERPRETATION: to their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by WISCONSIN STATUTES. (g) WARNING AND DISCLAIMER OF LIABILITY: The degree of flood protection intended to be provided by this Ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not - imply that areas outside flood plain zoning district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damages, nor shall this Ordinance create a liability on the part of or a cause of action against the County of Dane or any officer or employe thereof for any flood damage that may re- sult from reliance on this ordinance. (h) SEVERABILITY: If any section, clause, provision or portion of this Ordinance is ad- judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. (i) SPECIAL PROVISIONS APPLICABLE TO ALL FLOOD PLAIN DISTRICTS (1) No developments shall be allowed in floodway areas which, acting alone or in com- bination with existing or future similar uses, cause an increase equal to or greater than 0.1 foot in height of the regional flood for any main stem, tributaries to the main stem of any stream, drainage ditches, or any other drainage facilities. Said increase shall be calculated using an equal degree of hydraulic encroachment from the hydraulic floodway lines for a hydraulic reach on both sides of a river or stream. Increases equal to or greater than 0.1 foot may be permitted, but only if amendments are made to this Ordinance, the official floodway lines, water surface profile and flood plain zoning maps pursuant to ss 10.57 of this ordinance; provided further that the total cumulative allowable increase in height of the regional flood for any given hydraulic reach of a stream shall not exceed one foot. (2) No developments in flood fringe areas shall materially effect the storage capacity of flood plains, based upon an equal degree of hydrologic encroachment (volume of the storage area which is lost) . For the purpose of this subsection, "materially" is defined as any increase in discharge of the regional flood which causes a rise in the water surface profile of 0.1 foot. Such developments may be permitted only if amendments are made to this ordinance pursuant to ss 10.57 herein; provided further that the total cumulative allowable increase in height of the regional flood for any given reach of a stream shall not exceed one foot. • (3) Owners or operators of all mobile home parks and mobile home subdivisions located in A Zones shall file adequate evacuation plans indicating vehicular access and escape routes, including mobile home hauler routes, with the appropriate disaster - 51 -