12.02.130 Interpretation of district boundaries (6/12/12)

12.02.130 Interpretation of district boundaries (6/12/12).

(a) Boundaries of the districts set forth in sections 12.31 to 12.37 are hereby established as shown on the digital zoning maps as described in section 12.02.100 of the Municipal Code of Kenosha County. No change in a zoning boundary shall be made except after petition, review and approval pursuant to the requirements of section 12.58 of the Municipal Code of Kenosha County.

(b) Boundaries of the basic zoning districts shall be construed to follow corporate limits; U.S. Public Land Survey section lines; lot or property lines; centerlines of streets, highways, alleys, easements, navigable bodies of water, and railroad rights-of-way, or such lines extended. Lines which appear to be parallel to any of the aforementioned boundaries of specified distance shall be construed to be parallel as noted. Where the above rules cannot be readily applied, the location of district boundary lines shall be determined by use of the scale shown on the official zoning map.

1. All areas covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM), as approved by DNR and FEMA. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) volume numbers 55059CV001B and 55059CV002B, effective March 7, 2017, and are shown as AE, A, AH, and AO Zones on the FIRM. These official floodplain maps and studies are on file in the office of the Kenosha County Department of Planning and Development. If more than one map or revision is referenced, the most restrictive information shall apply. Kenosha County (unincorporated areas) Flood Insurance Rate Map Panel Numbers include:

KENOSHA COUNTY, WISCONSIN - FIS Community Number 550523

FLOOD INSURANCE RATE MAP PANELS

55059C0017D, 55059C0036D, 55059C0061D, 55059C0063D, 55059C0139D, 55059C0251D, 55059C0252D, 55059C0016D, 55059C0018D, 55059C0019D, 55059C0038D, 55059C0041D, 55059C0042D, 55059C0043D, 55059C0044D, 55059C0062D, 55059C0064D, 55059C0110D, 55059C0116D, 55059C0117D, 55059C0118D, 55059C0119D, 55059C0126D, 55059C0127D, 55059C0128D, 55059C0129D, 55059C0131D, 55059C0132D, 55059C0133D, 55059C0134D, 55059C0136D, 55059C0137D, 55059C0138D, 55059C0151D, 55059C0154D, 55059C0156D, 55059C0157D, 55059C0158D, 55059C0159D, 55059C0176D, 55059C0177D, 55059C0178D, 55059C0179D, 55059C0231D, 55059C0232D, dated June 19, 2012; and 55059C0184E dated March 7, 2017.

2. Floodplain maps derived from other studies and approved by the DNR.

a. The 100-year dam failure floodplain map is determined through the use of dam failure analysis and profiles developed by Mead & Hunt Inc. as documented in their report entitled Evaluation of Hazard Potential Meyer Material Company KD Pit Embankment, January 2001. The report and study is on file in the office of the Kenosha County Department of Planning and Development.

b. Bong Recreation Area 8 Dam Failure analysis approved by the Department of Natural Resources on January 7, 2020, including:

1) Map dated January, 2013, and titled “Simplified Dam Failure Analysis for Bong Recreational Area Dam No. 8.”

2) Floodway data table dated, no date, and titled “Table 6.1 – Water Surface Comparison.” 100-year Flood Dam Failure Peak WSEL column indicates the water surface elevations during dam failure.

3) Flood profiles dated, no date, and titled “Bong Recreational Area Dam No. 8 – Simplified Dam Failure Analysis.”

c. Official Letters of Map Change (LOMC).

(d) Floodplain Zoning is shown on the digital zoning maps as described in Section 12.02.100 of the Municipal Code of Kenosha County and as described as follows:

1. The FPO Floodplain Overlay District is those areas that may be covered by floodwater during the regional flood including the floodway and are contained within AE and A Zones as shown on the FIRM.

(e) Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection (e)(1) or (e)(2). If a significant difference exists, the map shall be amended according to section 12.60.040 of the Municipal Code of Kenosha County, floodplain amendments. The planning and development administrator can rely on a boundary derived from a profile elevation to grant or deny a zoning permit, whether or not a map amendment is required. The planning and development administrator shall be responsible for documenting actual pre-development 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 planning and development administrator and an applicant over the district boundary line shall be settled according to section 12.56.050(a)(3) of the Municipal Code of Kenosha County and the criteria in subsections (e)(1) and (e)(2). Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 12.60.040 of the Municipal Code of Kenosha County, floodplain amendments.

1. 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.

2. Where flood profiles do not exist for projects, the location of the boundary shall be determined by the digital zoning maps as described in section 12.02.100 of the Municipal Code of Kenosha County.

(f) Boundaries of the C-1 Lowland Resource Conservancy District, that includes shoreland-wetlands, are shown on the maps referred to in subsection (a) and boundary locations were determined by the criteria set forth in section 12.36.010(b) of the Municipal Code of Kenosha County. [Ord. 16 (2022) (Exh. A); Code § 12.02-13.]