This chapter is adopted pursuant to the authorization
in §§ 61.35 and 62.23, Wis. Stats., and the requirements
in § 87.30, 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 Ordinance for the Village of Siren, 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 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 Siren Floodplain Appendix. Any change to the base
flood elevations in the Flood Insurance Study (FIS) or on the Flood
Insurance Rate Map must be reviewed and approved by the DNR and FEMA
before it is effective. No changes to regional flood elevations 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 Siren. If more than one map or revision is referenced,
the most current approved information shall apply.
A. Official maps based on the FIS: Flood Insurance Rate
Map (FIRM) panel number 550041 0420 C, dated August 19, 2008, panel
number 550041 0436 C, dated August 19, 2008, and panel number 55041
0438 C, dated August 19, 2008, based on the Flood Insurance Study
(FIS) dated August 19, 2008, 55013CV000A.
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) contains 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. 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 §
547-38C and the criteria in Subsections
A and
B below. Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to §
547-42F.
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.
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. Note: This procedure does not remove the requirements 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 Village Board 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 Burnett 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.