§ 46-1079. Standards for developments in the floodway.

(a)

General.

(1)

Any development in the floodway shall comply with section 46-1072 and have a low flood damage potential.

(2)

Applicants shall provide the following data to determine the effects of the proposal according to section 46-1073:

a.

A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if 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 if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for subsection (2) above.

(b)

Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

(1)

Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;

(2)

Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(3)

Must be anchored to resist flotation, collapse, and lateral movement;

(4)

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

(5)

It must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

(c)

Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:

(1)

Adequate floodproofing measures are provided to the flood protection elevation; and

(2)

Construction meets the development standards of section 46-1073.

(d)

Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

(1)

The requirements of section 46-1073 are met;

(2)

No material is deposited in navigable waters unless a permit is issued by the department pursuant to Wis. Stats. ch. 30, and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;

(3)

The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

(4)

The fill is not classified as a solid or hazardous material.

(Ord. No. 817-14, § 1, 2-10-2014)