Number
141357
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to floodplain zoning regulations.
Sections
295-107-2 am
295-107-2 (table) am
295-1117-5-c rn
295-1117-5-c cr
295-1117-5-d rn
295-1117-5-d am
295-1119-3 am
295-1121-3-e am
295-1121-6-h cr
295-1127-4-0 am
295-1127-4-a am
295-1127-4-b-3 cr
Analysis
This ordinance adopts a floodplains map and a dam failure analysis for the Northridge Lakes Dam area. In addition, the ordinance makes various minor corrections to the city's floodplain zoning regulations.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-107-2 of the code is amended to read:
295-107. Zoning Districts.
2. ESTABLISHMENT OF DISTRICTS. For the purposes of this code, all land and water areas in the city are divided into the zoning districts listed in table 295-107-2. The purposes of the districts are described in ss. 295-501, 295-601, 295-701, 295-801, 295-901 [[and]] >>,<< 295-1001 >>and 295-1105<< .
Part 2. Table 295-107-2 of the code is amended to read:
TABLE 295-107-2 ZONING DISTRICTS |
District |
Map Indicator |
Most Similar District(s) Under the Previous Code |
Subchapter Reference |
Residential Districts |
Single-Family |
RS1, RS2, RS3, RS4, RS5 and RS6 |
R/F-1/40, R/F-2/40, R/F-3/40, R/F-4/40 and R/F-5/40 |
5 |
Two-Family |
RT1, RT2, RT3 and RT4 |
R/D-1/40, R/C-1/40 and R/E/40 |
5 |
Multi-Family |
RM1 |
R/D/40 |
5 |
Multi-Family |
RM2 |
R/C/40 |
5 |
Multi-Family |
RM3 |
R/D/40, R/D/60 and R/D/85 |
5 |
Multi-Family |
RM4 |
R/C/40, R/C/60, R/C/85 and R/C/125 |
5 |
Multi-Family |
RM5 |
R/B/40 |
5 |
Multi-Family |
RM6 |
R/B/60 |
5 |
Multi-Family |
RM7 |
R/B/85, R/A/85 and R/A/125 |
5 |
Residential and Office |
RO1, RO2 |
all O and RO districts |
5 |
Commercial Districts |
Neighborhood Shopping |
NS1, NS2 |
all S districts |
6 |
Local Business |
LB1, LB2 |
all L districts |
6 |
Commercial Service |
CS |
all CS districts |
6 |
Regional Business |
RB1, RB2 |
all RS districts |
6 |
Central Business |
C9A-C9H |
C9A-C9H |
7 |
Industrial Districts |
Industrial-Office |
IO |
M/D/40, M/C/60, I/D/40 and I/E/40 |
8 |
Industrial- Light |
IL |
M/B/85, M/A/125, I/C/60, I/D/40, I/D/60 and I/E/60 |
8 |
Industrial-Mixed |
IM |
none |
8 |
Industrial-Heavy |
IH |
I/A/125 and I/B/85 |
8 |
Special Districts and Overlay Zones |
Parks |
PK |
none |
9 |
Institutional |
TL |
all T districts |
9 |
Planned Development |
PD and DPD |
GPD and DPD |
9 |
Redevelopment |
RED |
none |
9 |
Neighborhood Conservation |
NC |
none |
10 |
Interim Study |
IS |
none |
10 |
Development Incentive |
DIZ |
DIZ |
10 |
Site Plan Review |
SP |
SPROD |
10 |
[[Floodplain |
FW, FF and SD
|
FP1 and FP2
|
10]]
|
Shoreland-Wetland |
WL |
Shoreland-Wetland |
10 |
Lakefront |
LF |
LF/C/60 |
10 |
Master Sign Program |
MSP |
none |
10 |
>>Floodplain |
FW, FF, FSD and GF |
FP1 and FP2 |
11<< |
|
|
|
|
Part 3. Section 295-1117-5-c and d of the code is renumbered 295-1117-5-d and e.
Part 4. Section 295-1117-5-c of the code is created to read:
295-1117. Procedures.
5. OFFICIAL MAPS AND REVISIONS.
c. Maps Based on Other Studies. Any map referenced in this paragraph shall be approved by the Wisconsin department of natural resources and be more restrictive than the map based on the flood insurance study at the site of the proposed development. The city adopts the following:
c-1. The Northridge Lakes dam floodplains map (dam failure floodplain boundary) dated October 28, 2010, prepared by R. A. Smith National.
c-2. The Northridge Lakes dam failure analysis prepared by R.A. Smith National dated July 2, 2010 and approved by the department of natural resources on November 2, 2010.
Part 5. Section 295-1117-5-d of the code is amended to read:
d. Location of Maps. The maps listed in [[par. a]] >>pars. a and c<< are on file in the office of the commissioner.
Part 6. Section 295-1119-3 of the code is amended to read:
295-1119. Standards Applicable to All Floodplain Overlay Zones.
3. Obstructions >>,<< or >>any<< increases [[equal to or greater than 0.01 foot with respect]] to base flood elevations shown on the officially adopted flood insurance rate map or other adopted map >>,<< may only be permitted if amendments are made to this subchapter, the official floodplain zoning map, floodway lines and water surface profiles, in accordance with s. 295-1117. Any such alterations shall be reviewed and approved by the federal emergency management agency and the Wisconsin department of natural resources.
Part 7. Section 295-1121-3-e of the code is amended to read:
295-1121. Standards for Development in the Floodway Overlay Zone (FW).
3. STRUCTURES.
e. Mechanical and utility equipment will be elevated to or above, or floodproofed to or above, the [[regional]] flood >>protection<< elevation.
Part 8. Section 295-1121-6-h of the code is created to read:
6. PROHIBITED USES.
h. Habitable structures, structures with high flood damage potential, those not associated with permanent open-space uses, and uses not in harmony with or detrimental to uses permitted in the adjoining districts.
Part 9. Section 295-1127-4-0 and a of the code is amended to read:
295-1127. Standards for Development in the General Floodplain Overlay Zone (GF).
4. DETERMINING FLOODWAY AND FLOOD FRINGE LIMITS. Upon receiving an application for development within the [[flood storage]] >>general floodplain<< overlay zone, the commissioner shall:
a. Require the applicant to submit 2 copies of an aerial photograph of a plan which shows the proposed development with respect to the [[flood storage]] >>general floodplain<< overlay zone limits, stream channel and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures, and the flood zone as shown on the flood insurance rate map.
Part 10. Section 295-1127-4-b-3 of the code is created to read:
b-3. A hydrologic and hydraulic study as specified in s. 295-1129-4.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Department of City Development
Drafter
LRB156280-2
Jeff Osterman
01/16/2015