This chapter is adopted pursuant to the authorization in §§ 61.35
and 62.23, Wis. Stats., and the requirements in § 87.30,
Wis. Stats., as a code pursuant to § 66.0103, Wis. Stats.
Uncontrolled development and use of the floodplains and rivers
of this municipality would impair the public health, safety, convenience,
general welfare and tax base.
This chapter is intended to regulate floodplain development
to:
A.
Protect life, health and property;
B.
Minimize expenditures of public funds for flood control projects;
C.
Minimize rescue and relief efforts undertaken at the expense of the
taxpayers;
D.
Minimize business interruptions and other economic disruptions;
E.
Minimize damage to public facilities in the floodplain;
F.
Minimize the occurrence of future flood blight areas in the floodplain;
G.
Discourage the victimization of unwary land and home buyers;
H.
Prevent increases in flood heights that could increase flood damage
and result in conflicts between property owners; and
I.
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
This chapter shall be known as the "Floodplain Zoning Code for
the Village of Fox Point, Wisconsin."
This chapter regulates all areas that would be covered by the
regional flood or base flood. [Note: Base flood elevations are derived
from the flood profiles in the Flood Insurance Study. Regional flood
elevations may be derived from other studies. Areas covered by the
base flood are identified as A Zones on the Flood Insurance Rate Map.]
The boundaries of all floodplain districts are designated as
floodplains or A Zones on the maps listed below and the revisions
in the Village of Fox Point Floodplain Appendix. Any change to the
base flood elevations (BFE) in the Flood Insurance Study (FIS) or
on the Flood Insurance Rate Map (FIRM) must be reviewed and approved
by the DNR and FEMA before it is effective. No changes to regional
flood elevations (RFEs) on non-FEMA maps shall be effective until
approved by the DNR. These maps and revisions are on file in the office
of the Village Clerk/Treasurer, Village of Fox Point. If more than
one map or revision is referenced, the most restrictive information
shall apply.
A.
Milwaukee County Flood Insurance Rate Map (FIRM), Panel Numbers 55079C0041E,
55079C0042E, 55079C0043E, and 55079C0044E, dated September 26, 2008,
with corresponding profiles that are based on the Flood Insurance
Study (FIS) dated September 26, 2008, volume number 55079CV001A-005A.
The regional floodplain areas are divided into three districts
as follows:
A.
The Floodway District (FW) is the channel of a river or stream and
those portions of the floodplain adjoining the channel required to
carry the regional floodwaters.
B.
The Flood-Fringe District (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
C.
The General Floodplain District (GFP) is those areas that have been
or may be covered by floodwater during the regional flood.
Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection A or B below. If a significant difference exists, the map shall be amended according to Article VIII of this chapter. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 724-38C and the criteria in Subsections A and B below.
A.
If flood profiles exist, the map scale and the profile elevations
shall determine the district boundary. The regional or base flood
elevations shall govern if there are any discrepancies. [Note: Where
the flood profiles are based on established base flood elevations
from a FIRM, FEMA must also approve any map amendment pursuant to
§ 724-42F.]
B.
Where flood profiles do not exist, the location of the boundary shall
be determined by the map scale, visual on-site inspection and any
information provided by the Department.
Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Article VIII of this chapter. [Note: This procedure does not remove the requirement for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC).]
Any development or use within the areas regulated by this chapter
shall be in compliance with the terms of this chapter and other applicable
local, state, and federal regulations.
Unless specifically exempted by law, all cities, villages, towns,
and counties are required to comply with this chapter and obtain all
necessary permits. State agencies are required to comply if § 13.48(13),
Wis. Stats., applies. The construction, reconstruction, maintenance
and repair of state highways and bridges by the Wisconsin Department
of Transportation are exempt when § 30.2022, Wis. Stats.,
applies.
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 61.35 or 87.30, Wis. Stats., which
relate to floodplains. If another ordinance is more restrictive than
this chapter, that ordinance shall continue in full force and effect
to the extent of the greater restrictions, but not otherwise.
B.
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. If this chapter imposes
greater restrictions, the provisions of this chapter shall prevail.
In their interpretation and application, the provisions of this
chapter are the minimum requirements liberally construed in favor
of the governing body and are not a limitation on or repeal of any
other powers granted by the Wisconsin Statutes. If a provision of
this chapter, required by Ch. NR 116, Wis. Adm. Code, is unclear,
the provision shall be interpreted in light of the standards in effect
on the date of the adoption of this chapter or in effect on the date
of the most recent text amendment to this chapter.
The flood protection standards in this chapter are based on
engineering experience and scientific research. Larger floods may
occur or the flood height may be increased by man-made or natural
causes. This chapter does not imply or guarantee that nonfloodplain
areas or permitted floodplain uses will be free from flooding and
flood damages, nor does this chapter create liability on the part
of, or a cause of action against, the municipality or any officer
or employee thereof for any flood damage that may result from reliance
on this chapter.
The Milwaukee County floodplain zoning provisions in effect
on the date of annexation shall remain in effect and shall be enforced
by the municipality for all annexed areas until the municipality adopts
and enforces an ordinance which meets the requirements of Ch. NR 116,
Wis. Adm. Code, and the National Flood Insurance Program (NFIP). These
annexed lands are described on the municipality's official Zoning
Map. County floodplain zoning provisions are incorporated by reference
for the purpose of administering this section and are on file in the
office of the municipal Zoning Administrator. All plats or maps of
annexation shall show the regional flood elevation and the location
of the floodway.
The community shall review all permit applications to determine
whether proposed building sites will be reasonably safe from flooding.
If a proposed building site is in a flood-prone area, all new construction
and substantial improvements shall be designed or modified and adequately
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads; be constructed
with materials resistant to flood damage; be constructed by methods
and practices that minimize flood damages; and be constructed with
electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities designed and/or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding. Subdivisions shall be reviewed for compliance with the
above standards. All subdivision proposals (including manufactured
home parks) shall include regional flood elevation and floodway data
for any development that meets the subdivision definition of this
chapter.
