12.39.100 Floodplain nonconforming uses (6/12/12) | Municipal Code of Kenosha County

12.39.100 Floodplain nonconforming uses (6/12/12).

1. No additions of any type shall be allowed.

2. Floodproofing which elevates the first floor of a nonconforming structure may be allowed by permit; the entire structure shall be floodproofed by means other than the use of fill, in compliance with the standards set forth in Section 12.11.040(l) of this Ordinance, to the flood protection elevation, which is 2 feet above 100-year recurrence interval flood.

3. Except as provided in subd. (d) below, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged by flood, it cannot be replaced, reconstructed or rebuilt.

4. Maintenance repairs include internal and external painting, decorating, and the replacement of doors, windows, siding, roofing shingles and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities.

5. Change in roof pitch may be allowed by permit if the total cost of the work does not equal or exceed 50% of the structure’s equalized assessed value, at the time the structure became nonconforming, over the life of the structure.

(b) If a nonconforming use is discontinued or terminated for a period of twelve (12) months, any future use of the structure, land, or water shall conform to the provisions of this Ordinance.

(c) As provided under ss.87.30(1d) nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster. “Nonflood disaster” means a fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood. The repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event; provided, that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.

a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements 12.11.040(l).

b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.

c. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

d. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.

a. Shall meet the requirements of 12.39.100(d)(1) above

b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in 12.11.040(l).

(d) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

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

4. The use must be limited to parking, building access or limited storage.

(e) No new onsite sewage disposal system, or addition to an existing onsite sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodplain or Floodway Overlay Districts. Any replacement, repair or maintenance of an existing onsite sewage disposal system in a Floodplain or Floodway Overlay District shall meet the applicable requirements of 12.11.040(l)1 and ch. SPS 383, Wis. Adm. Code.

All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system in the Floodplain Fringe Overlay District shall meet all the applicable provisions of 12.11.040(l)1 and ch. SPS 383, Wis. Adm. Code.

(f) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway Overlay District. Any replacement, repair or maintenance of an existing well in the Floodplain or Floodway Overlay District shall meet the applicable requirements of 12.11.040(l)1 and chs. NR 811 and NR 812, Wis. Adm. Code.

All new wells, or addition to, replacement, repair or maintenance of a well in the Floodplain Fringe Overlay District shall meet the applicable provisions of 12.11.040(l)1 and ch. NR 811 and NR 812, Wis. Adm. Code. [Code § 12.28-10.]