This chapter is adopted pursuant to the authorization in § 62.23,
Wis. Stats., and the requirements in § 87.30, Wis. Stats.
Uncontrolled development and use of the shoreland-wetlands,
floodplains and rivers or streams of Monona 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;
I.
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain;
J.
Maintain the stormwater and floodwater storage capacity of wetlands;
K.
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
L.
Protect fish spawning grounds, fish, aquatic life and wildlife by
preserving wetlands and other fish and aquatic habitat;
M.
Prohibit certain uses detrimental to the shoreland-wetland area;
N.
Preserve shore cover and natural beauty by restricting shoreland-wetland
excavation, filling and other earthmoving activities.
This chapter shall be known as the "Floodplain and Shoreland-Wetland
Zoning Ordinance for Monona, Wisconsin."
A.
Areas to be regulated. This chapter regulates all areas that would
be covered by the regional flood or base flood as shown on the Flood
Insurance Rate Map (FIRM) or other maps approved by the Department
of Natural Resources. Base flood elevations are derived from the flood
profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30
and AH Zones on the FIRM. Other regulatory zones are displayed as
A and AO Zones. Regional flood elevations (RFE) may be derived from
other studies. If more than one map or revision is referenced, the
most restrictive information shall apply.
B.
Official maps and revisions. The boundaries of all floodplain districts are designated as AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see Article X, Amendments) before it is effective. No changes to 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 Zoning Administrator. If more than one map or revision is referenced, the most restrictive information shall apply. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
The maps designated below are hereby adopted and made part of
this chapter. They are on file in the office of the Zoning Administrator
of the City of Monona:
(1)
United States Geological Survey Madison East Quadrangle Map dated
1983.
(2)
Wisconsin Wetland Inventory Maps stamped "FINAL" on January 28, 1986.
(3)
Floodplain zoning maps entitled "The Flood Insurance Rate Map (FIRM)
Dane County, Wisconsin, and Incorporated Areas," panels 55025C0428G,
55025C0436G, 55025C0437G and 55025C0441G, prepared by the Federal
Emergency Management Agency (FEMA), dated January 2, 2009; panel 55025C0429H,
dated September 17, 2014, with corresponding profiles that are based
on the Dane County Flood Insurance Study, volumes 55025CV001D, 55025CV002D,
55025CV003D and 55025CV004D, dated June 16, 2016, prepared in connection
therewith.
[Amended 5-2-2016 by Ord.
No. 5-16-678]
(4)
City of Madison, Village of Maple Bluff Flood Storage District, Panel
19 of 21, dated September 17, 2014. Prepared by the WDNR. Approved
by the WDNR.
(5)
City of Fitchburg, City of Monona Flood Storage District, Panel 20
of 21, dated September 17, 2014. Prepared by the WDNR. Approved by
the WDNR.
(6)
Comprehensive zoning base maps titled "City of Monona Zoning Map"
and dated November 17, 1980, or latest version.
C.
Establishment of floodplain zoning districts. The regional floodplain
areas are divided into four districts, as follows:
(1)
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 and are contained within AE Zones as
shown on the FIRM.
(2)
The flood-fringe district (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
(3)
The general floodplain district (GFP) is those areas that have been
or may be covered by floodwater during the regional flood.
(4)
The flood storage district (FSD) is that area of the floodplain where
storage of floodwaters is calculated to reduce the regional flood
discharge.
D.
Locating floodplain boundaries.
(1)
Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection D(1)(a) or (b) below. If a significant difference exists, the map shall be amended according to Article X. 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 § 466-38C and the criteria in Subsection D(1)(a) and (b) below.
(a)
If flood profiles exist, the location of the district boundary
line shall be determined by the Zoning Administrator using both the
map scale and the profile elevations. The regional or base flood elevations
shall govern if there are any discrepancies. A map amendment is required
where there is a significant discrepancy between the map and actual
field conditions. The Zoning Administrator shall have the authority
to immediately grant or deny a land use permit on the basis of a district
boundary derived from the elevations shown on the water surface profile
of the regional flood, whether or not a map amendment is required.
The Zoning Administrator shall be responsible for initiating any map
amendments required under this section within a reasonable period
of time.
(b)
Where flood profiles do not exist, the location of the boundary
shall be determined by the Zoning Administrator using the map scale.
Where there is a significant difference between the district boundary
line shown on the map and actual field conditions, the map shall be
amended. Where a map amendment has been approved by both the Common
Council and the Department, the Zoning Administrator shall have the
authority to grant or deny a land use permit.
E.
Removal of lands from floodplain. 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 X, Amendments.
F.
Compliance. 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. (However, see Article VIII of this chapter for the standards applicable to nonconforming uses.) It is the responsibility of the applicant to secure all other necessary permits from appropriate federal, state and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. § 1344.
G.
Municipalities and state agencies regulated. 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
is exempt when § 30.2022, Wis. Stats., applies.
H.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any zoning ordinance
previously enacted under § 62.23 or 87.30, Wis. Stats.,
which relate to floodplains and shoreland-wetlands. A more restrictive
ordinance than this chapter shall continue in full force and effect
to the extent of the greater restrictions, but not otherwise. The
more restrictive of either the shoreland-wetland district or floodplain
district regulations shall apply when a property is located in both
zoning districts.
(2)
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.
I.
Interpretation. In their interpretation and application, the provisions
of this chapter are the minimum requirements liberally construed in
favor of the Common Council 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 consistent with the requirements
of Ch. NR 116, Wis. Adm. Code, and 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.
J.
Warning and disclaimer of liability. The flood protection standards
in this chapter are based on engineering experience and 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 City or any officer or employee
thereof for any flood damage that may result from reliance on this
chapter.
K.
Annexed areas. The Dane County floodplain zoning provisions in effect
on the date of annexation shall remain in effect and shall be enforced
by the City for all annexed areas until the City adopts and enforces
an ordinance which meets the requirements of Ch. NR 116, Wis. Adm.
Code ,and 44 CFR 59-72, National Flood Insurance Program (NFIP). These
annexed lands are described on the City'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 Zoning Administrator. All plats or maps of annexation
shall show the regional flood elevation and the floodway location.
