28.022 - INCORPORATION OF ZONING DISTRICT MAPS.
The location and boundaries of the zoning districts are hereby established as shown on maps entitled "Zoning District Maps" on file in the office of the Zoning Administrator, including the official Wetland Zoning Maps titled "Wisconsin Wetland Inventory Maps." The zoning district maps, together with all information shown thereon and all amendments thereto, shall be as much a part of this ordinance as if fully set forth and described herein.
(1) Location of District Boundaries.
The following rules shall apply with respect to the boundaries of the zoning districts as shown on the zoning district maps:
(a) A boundary shown as following, or approximately following, a street, alley or railroad shall be construed as following the centerline of such feature.
(b) A boundary line shown as following, or approximately following, a lot line, section line, survey or other property line, or municipal boundary shall be construed as following such line or boundary.
(c) Streets or alleys which are shown on the zoning district maps and which were previously vacated, or which may be vacated in the future, shall be construed to be in the same zoning district as the lots, pieces or parcels abutting both sides of the street or alley involved. If the lots, pieces or parcels abutting each side of the street or alley were located in different zoning districts before the said street or alley was vacated, the center line of such vacated street or alley shall be the boundary line of the respective zoning districts.
(d) Where any uncertainty exists as to the exact location of zoning district boundary lines, the Zoning Board of Appeals, upon written application, shall determine the location of such boundary lines.
(2) Wetland Maps.
(a) The Wetland Zoning Overlay District includes all wetlands greater than two (2) acres shown on the Wisconsin Wetland Inventory Maps that have been adopted and made a part of this ordinance.
(b) Determinations of navigability and ordinary high-water mark shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the southern district office of the Department of Natural Resources for a final determination of navigability or ordinary high water mark.
(c) When an apparent discrepancy exists between the Wetland District boundary shown on the official Wetland Zoning Maps and the actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the southern district office of the Department of Natural Resources to determine if the Wetland District boundary as mapped, is in error. If the Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall be responsible for initiating a wetland map amendment within a reasonable period.
(3) (Sec. 28.022(3) Am. by ORD-14-00146, 9-12-14; Am. by ORD-16-00062, 6-29-16; ORD-17-00007, 1-26-17 Am. by ORD-22-00032, 5-19-22; Am. by ORD-23-00004, 1-12-23; Am. by ORD-23-00085, 10-2-23; Am. by ORD-25-00004, 2-7-25; Rpld. by ORD-25-00013, 3-20-25)
(4) Locating Floodplain Boundaries.
Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved by the Zoning Administrator using the criteria in subdivisions (a) or (b) below. If a significant difference exists, the map shall be amended using the procedures established for zoning map amendments in Sec. 28.182. 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 is 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 Zoning Administrator and an applicant over the location of the district boundary line shall be settled according to the appeals procedure in Sec. 28.205(5) of this ordinance and the criteria in (a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision amended using the procedures established for zoning map amendments in Sec. 28.182.
(a) Where flood profiles exist, the map scale and the profile elevations shall determine the district boundary line. Where a discrepancy exists between the map and actual field conditions, the regional or base flood elevations shall govern. The Zoning Administrator has authority to grant or deny a land use permit on the basis of a district boundary derived from the regional flood elevations, whether or not a map amendment is required.
(b) Where flood profiles do not exist, the location of the district boundary line shall be determined by the map scale. Where there is a significant difference between the map and actual field conditions, the map shall be amended. Where a map amendment has been approved by the City, the Wisconsin Department of Natural Resources, and the Federal Emergency Management Agency, the Zoning Administrator shall have the authority to grant or deny a land use permit.
(Am. by ORD-14-00146, 9-12-14)
(5) Incorporation of Flood Storage Maps. The location and boundaries of the Flood Storage Districts are hereby established as shown on Panels 2, 4, and 5 of the Dane County Flood Storage Maps, dated January 2, 2009, and Panel 19 of the Dane County Flood Storage Maps, dated June 16, 2016. (Am. by ORD-16-00062, 6-29-16)
