10/1980-12/1980 Zoning Ordinance

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(a) APPLICABILITY: The provisions for this district shall apply to all flood plains in Dane County for which "regional flood" data, as defined in the DEFINITIONS, Section 10.59 (a) (30) are not available or where regional flood data is available, but floodways have not been delineated. As adequate regional flood data becomes available and floodways are delineated for portions of this district, such portions ahall be placed in the Regional Flood Fringe or Regional Floodway District, as appropriate. (b) DESCRIPTION OF DISTRICT: The general flood plain district shall include: (1) All A-Zones shown on the Official Flood Plain Zoning Map as described in section 10.51 (b) of this ordinance. (c) PERMITTED USES: Those uses permitted in Section 10.52 (c) , (d) , 10.53 (c) and (d) , provided the procedures of Section 10.54 (d) below are met, and a zoning permit has been issued by the Zoning Administrator. (d) STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOOD PLAIN DISTRICT: The general Flood Plain District encompasses both floodway and flood fringe areas. Therefore, a determination shall be made pursuant to Section 10.56 (d) , to determine whether the proposed use is located within a floodway or flood fringe area. If it is determined that a proposed use is located within a floodway, the provisions of Section 10.52 (c) , (d) of this Ordinance shall apply. If it is determined that the proposed use is lo- cated within the flood fringe, the provisions of Section 10.53 (c) , (d) shall apply. SECTION 10.55 NONCONFORMING USES (a) GENERAL: Insofar as the standards in this section are not inconsistent with the provisions of Section 59.97 (10) , Wis. Stats., they shall apply to all nonconforming uses. The existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: (1) No modifications or additions to a non-conforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purpose of this Section the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, re-building or replace- ment of any such existing structure or accessory use. Ordinary maintenance re- pairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows, and other non-structural com- ponents; and (2) If a nonconforming use is discontinued for 12 consecutive months, any future use of the structure of building shall conform with the appropriate provisions of this ordinance for floodway and flood fringe areas. (b) FLOODWAY AREAS (1) No modifications or additions shall be allowed to any existing structures which are not in compliance with permitted floodway standards or uses, unless such modifications or additions meet all of the following criteria: a. The modifications or additions to a structure will not increase the amount of obstruction to flood flows pursuant to Section 10.51 (i) (1) of this ordinance; b. Any addition to a structure shall be flood proofed, pursuant to Section 10.56 (e) by means other than the use of fill, to the flood protection elevation; c. No structural repairs, modifications or additions to a structure, which exceed over the life of the structure 50% of its present assessed value, shall be allowed unless the entire structure is permanently changed to a conforming use; d. If any nonconforming structure is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless permanently changed to a conforming use. For the purposes of this sub- section, restoration is deemed impractical where thg total cost of such restora- tion would exceed 50% of the present assessed value of said structure. 55