[HISTORY: Adopted by the Village Board of the Village of
Hobart as § 6.039 of the 2000 Code. Amendments noted where
applicable.]
B.
Finding of fact. Uncontrolled use of the shorelands and pollution
of the navigable waters of the Village of Hobart would adversely affect
the public health, safety, convenience, and general welfare and impair
the tax base. The Legislature of Wisconsin has delegated responsibility
to villages to further the maintenance of safe and healthful conditions;
prevent and control water pollution; protect spawning grounds, fish
and aquatic life; control building sites, placement of structures
and land uses; and to preserve shore cover and natural beauty. This
responsibility is hereby recognized by the Village of Hobart, Wisconsin.
C.
D.
Title: "Shoreland Zoning Ordinance for the Village of Hobart, Wisconsin."
A.
Areas to be regulated. Areas regulated by this chapter shall include
all the lands (referred to herein as "shorelands") in the unincorporated
areas of the Village of Hobart which are:
(1)
Within 1,000 feet of the ordinary high-water mark of navigable lakes,
ponds or flowages. Lakes, ponds or flowages in the Village of Hobart
shall be presumed to be navigable if they are listed in the Wisconsin
Department of Natural Resources publication "Surface Water Resources
of Brown County" or are shown on United States Geological Survey quadrangle
maps or other zoning base maps.
(2)
Within 300 feet of the ordinary high-water mark of navigable rivers
or streams, or to the landward side of the floodplain, whichever distance
is greater. Rivers and streams in the Village of Hobart shall be presumed
to be navigable if they are designated as continuous waterways or
intermittent waterways on United States Geological Survey quadrangle
maps. Flood hazard boundary maps, flood insurance rate maps, flood
boundary-floodway maps, county soil survey maps or other existing
county floodplain zoning maps shall be used to delineate floodplain
areas.
(3)
Determinations of navigability and ordinary high-water mark location
shall initially be made by the Zoning Administrator/Building Inspector.
When questions arise, the Zoning Administrator/Building Inspector
shall contact the appropriate district office of the Department for
a final determination of navigability or ordinary high-water mark.
(4)
Under § 281.31(2m), Wis. Stats., notwithstanding any other
provision of law or administrative rule promulgated thereunder, this
shoreland zoning chapter does not apply to lands adjacent to farm
drainage ditches if:
B.
Shoreland Zoning Maps. The maps designated below are hereby adopted
and made part of this chapter. They are on file in the office of the
Zoning Administrator/Building Inspector for the Village of Hobart.
C.
Compliance. The use of any land or water, the size, shape and placement of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste disposal facilities, the filling, grading, lagooning, dredging of any lands, the cutting of shoreland vegetation, the subdivision of lots, shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see § 293-9 for standards applicable to nonconforming uses.) Buildings, signs and other structures shall require a permit unless otherwise expressly excluded by a provision of this chapter. Property owners, builders and contractors are responsible for compliance with the terms of this chapter.
D.
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 when § 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.
E.
Abrogation and greater restrictions. The provisions of this chapter
supersede all the provisions of any Village zoning ordinance adopted
under §§ 61.35 and 62.23, Wis. Stats., which relates
to shorelands. However, where an ordinance adopted under a statute
other than § 61.35 or 62.23, Wis. Stats., 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.
(1)
If an existing Village ordinance relating to shorelands is more restrictive
than this chapter or any amendments thereto, the Village ordinance
continues in all respects to the extent of the greater restrictions
but not otherwise.
(2)
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
(3)
The following provisions of the Brown County Zoning Ordinance are
hereby incorporated by reference; these provisions shall only apply
to the shoreland area where they impose greater restrictions than
this chapter otherwise imposes: The Brown County Private Sewage System
Ordinance, the Brown County Floodplains Ordinance, and the Brown County
Subdivision Ordinance.[1]
F.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the Village and shall not be deemed
a limitation or repeal of any other powers granted by Wisconsin Statutes.
Where a provision of this chapter is required by a standard in Ch.
NR 115, Wis. Adm. Code, and where the chapter provision is unclear,
the provision shall be interpreted in light of the Ch. NR 115 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.
A.
Land division review. The Village shall review, pursuant to § 236.45,
Wis. Stats., all land divisions in shoreland areas which create three
or more parcels or building sites of five acres each or less within
a five-year period. In such review, the following factors shall be
considered:
B.
Limited rezoning to achieve reduced lot sizes and setbacks.
(1)
Purpose. In some instances where an individual lot or small tract of land has unique characteristics, such as unique terrain, which would result in unnecessary hardship, as defined in § 293-13B, if the owner were required to comply with one or more of the requirements for minimum lots sizes, width and setback, the Board of Appeals may grant a variance. In other instances where larger areas are involved, the appropriate method for seeking a relaxation of the same minimum standards is by rezoning to establish a planned residential unit development overlay. The planned residential unit development is intended to permit smaller lots and setbacks where the physical layout of the lots is so arranged (often by setting them back farther from navigable water) as to better assure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and setbacks and without special conditions placed upon the planned residential unit development at the time of its approval. A condition of all planned residential unit development is the preservation of certain open space, preferably on the shoreland, in perpetuity.
(2)
Requirements for planned residential unit development. The Village
Board may, at its discretion, upon its own motion or upon petition,
approve a planned residential unit development either by approving
first an overlay district and then a plat or by approving only a plat
for the specific planned residential project upon finding, after a
public hearing, that all of the following facts exist:
(a)
Area. The area proposed for the planned residential unit development
is at least 40 acres in size.
(b)
Pollution control. The location and nature of the septic systems
which will serve the home sites individually or collectively will
assure that effluent from the septic systems will not reach the ground
or surface waters in a condition which would contribute to health
hazards, taste, odor, turbidity, fertility or impair the aesthetic
character of navigable waters.
(c)
Preservation of ground cover. The location of home sites and
the dedication of part of the land for use by the public or residents
of the planned residential unit development will preserve the ground
cover of the shoreland and scenic beauty of the navigable water, prevent
erosion, and other pertinent factors. Land not used for lots and streets
shall be dedicated in perpetuity to remain in open space. This may
be accomplished by conveyance in common to each of the owners of lots
in the development or to a corporation formed by them, or by dedication
to the county or Village. Lands dedicated to the public must be accepted
by action of the governing body of the accepting unit of government.
If the land is to be conveyed to owners of lots in the development,
a homeowner's association or similar legally constituted body
shall be created to maintain the open space land. Any restriction
placed on platted land by covenant, grant of easement or any other
manner which was required by a public body or which names a public
body as grantee, promisee or beneficiary, shall vest in the public
body the right to enforce the restriction at law or in equity against
anyone who has or acquires an interest in the land subject to the
restriction.
(d)
Density. The number of platted home sites shall not exceed those which would have been possible if the same land were platted in accordance with the minimum lot sizes, setbacks and widths provided by the applicable provisions of Chapter 295, Zoning. This figure shall be determined by dividing the total area of the subdivision, excluding streets, by the minimum lot sizes required by § 293-4 of this chapter.
(e)
Lot sizes, widths, setbacks, and tree-cutting. The lot sizes, widths, and setbacks shall not be less than those provided for in Ch. SPS 385, Wis. Adm. Code, and shall not be so small as to cause pollution or erosion along streets or other public ways and waterways or so small as to substantially depreciate the property values in the immediate neighborhood. Shore cover provisions in § 293-6 shall apply except that maximum width of a lake frontage opening shall be 100 feet.
(3)
Procedure for establishing a planned residential unit development
district. The procedure for establishing limited rezoning in the form
of a planned residential unit development district shall be as follows:
(b)
Review and hearing.
[1]
The petition shall be submitted to the Village Planning and Zoning Commission established as required by §§ 61.35 and 62.23, Wis. Stats., which shall hold a public hearing and report to the Village Board as required by law. Copies of the petition and notice of the hearing shall also be sent to the appropriate district office of the Department as described in § 293-11B of this chapter.
[2]
The Village Planning and Zoning Commission's report to
the Village Board shall reflect the recommendations of any federal,
state or local agency with which the Village Planning and Zoning Commission
consults. If a petition seeks approval of a planned residential unit
development plat without first seeking the granting of an overlay
district, a hearing shall be held on such plat as in any regular amendment
to the zoning ordinance. If, however, a hearing is first held on the
overlay for a planned residential unit development district, a second
public hearing need not be held in connection with the approval of
a subsequent plat or plats which comply with the overlay district
as approved.
(c)
Findings and conditions of approval. The Village Board shall make written findings as to the compliance or noncompliance of the proposed overlay district with each of the applicable requirements set forth in Subsection B(2). If the petition is granted in whole or part, the Village Board shall attach such written conditions to the approval as are required by and consistent with Subsection B(2). The conditions of approval shall in all cases establish the specific restrictions applicable with regard to minimum lot sizes, width, setbacks and the location of septic systems and the preservation of ground cover and open space.
(d)
Planning studies. A landowner or petitioner may at his own expense develop the facts required to establish compliance with the provisions of Subsection B(2) or may be required to contribute funds to the Village to defray all or part of the cost of such studies being undertaken by the Village or any agency or person with whom the Village contracts for such work.
(4)
Sanitary regulations. The Village shall adopt sanitary regulations
for the protection of health and the preservation and enhancement
of water quality.
(a)
Where public water supply systems are not available, private
well construction shall be required to conform to Ch. NR 812, Wis.
Adm. Code.
(b)
Where a public sewage collection and treatment system is not
available, design and construction of private sewage disposal systems
shall be governed by private sewage system ordinances adopted by the
Village and all applicable Wisconsin statutes and codes.
Dimensions shall be as set forth in Chapter 295, Zoning.
A.
Lots that abut on navigable waters. All buildings and structures,
except piers, boat hoists, boathouses and open fences which may require
a lesser setback, shall be set back at least 75 feet from the ordinary
high-water mark of navigable waters.
B.
Reduced building setbacks. A setback of less than that required by Subsection A may be permitted by the Zoning Administrator/Building Inspector where there is at least one main building on either side of the applicant's lot within 200 feet of the proposed site that is built to less than the required setback. In such case, the setback shall be the average of the setbacks of the nearest main building on each side of the proposed site or, if there is an existing main building on only one side, the setback shall be the average of the existing building's setback and the required setback. Any other setback reduction may be permitted by the Board of Appeals pursuant to § 293-10E of this chapter.
C.
Boathouses.
(1)
Boathouses shall be designed and constructed solely for the storage
of boats and related equipment and shall not be used for human habitation.
(2)
Boathouses shall not be placed waterward beyond the ordinary high-water
mark.
(3)
One boathouse is permitted on a lot as an accessory structure.
(4)
Boathouses shall not be constructed where the existing slope is more
than 20%.
(5)
Boathouses shall be set back a minimum 10 feet from the ordinary
high-water mark and shall be constructed in conformity with local
floodplain zoning standards.
(6)
Boathouses shall not exceed one story and 500 square feet in floor
area.
A.
Purpose. The purpose of tree and shrubbery cutting regulations applicable
to the shoreland area is to protect scenic beauty, control erosion
and reduce effluent and nutrient flow from the shoreland. The provisions
shall not apply to the removal of dead, diseased or dying trees or
shrubbery at the discretion of the landowner, or to silvicultural
thinning upon recommendation of a forester.
B.
Shoreline cutting. Tree and shrubbery cutting in an area parallel
to the ordinary high-water mark, and extending 35 feet inland from
all points along the ordinary high-water mark, shall be limited in
accordance with the following provisions:
(1)
No more than 30 feet in any 100 feet, as measured along the ordinary
high-water mark, may be clear cut to the depth of the thirty-five-foot
area.
(2)
Natural shrubbery shall be preserved as far as practicable and, where
removed, it shall be replaced with other vegetation that is equally
effective in retarding runoff, preventing erosion and preserving natural
beauty.
C.
Paths. Any path, road or passage within the thirty-five-foot area
shall be constructed and surfaced so as to effectively control erosion.
D.
Cutting plan. As an alternative to Subsection B, a special cutting plan allowing greater cutting may be permitted by the Board of Appeals by issuance of a conditional use permit, pursuant to § 293-10D. An application for such a permit shall include a sketch of the lot providing the following information: location of parking, topography of the land, existing vegetation, proposed cutting, and proposed replanting. The Board may grant such a permit only if it finds that such special cutting plans:
(1)
Will not cause undue erosion or destruction of scenic beauty; and
(2)
Will provide substantial visual screening from the water of dwellings,
accessory structures and parking areas. Where the plan calls for replacement
plantings, the Board may require the submission of a bond which guarantees
the performance of the planned tree or shrubbery replacement by the
lot owner.
E.
Cutting more than 35 feet inland. From the inland edge of the thirty-five-foot
area to the outer limits of the shoreland, the cutting of trees and
shrubbery shall be allowed when accomplished using accepted forest
management and soil conservation practices which protect water quality.
A.
General standards. Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under Subsection B may be permitted in the shoreland area, provided that:
B.
Permit required. Except as provided in Subsection C, a conditional use permit is required:
(1)
For any filling or grading of any area which is within 300 feet landward
of the ordinary high-water mark of navigable water and which has surface
drainage toward the water and on which there is either:
(2)
For any construction or dredging commenced on any artificial waterway,
canal, ditch, lagoon, pond, lake or similar waterway which is within
300 feet landward of the ordinary high-water mark of a navigable body
of water or where the purpose is the ultimate connection with a navigable
body of water.
C.
Soil conservation practices and agricultural drainage maintenance.
(1)
Soil conservation practices such as tiled terraces, runoff diversions and grassed waterways used for erosion control shall not require a permit under Subsection B when designed and constructed to Natural Resource Service technical standards.
(2)
The maintenance of existing agricultural drainage systems shall be
permitted in conformity with the following construction standards:
(a)
The maintenance dredging of farm drainage ditches is limited to reestablishing the original ditch cross section unless a conditional use permit under Subsection B(2) is obtained.
(b)
Ditch banks shall be constructed at a slope of two horizontal
to one vertical (50% grade) or flatter.
(c)
Ditch banks shall be maintained in a sod cover and free of woody
vegetation.
(d)
A ten-foot-wide buffer strip of untilled, ungrazed sod cover
shall be maintained adjacent to the ditch bank.
D.
Permit conditions. In granting a conditional use permit under Subsection B, the Board of Appeals shall attach the following conditions, where appropriate, in addition to those provisions specified in § 293-10D(2) and (3):
(1)
The smallest amount of bare ground shall be exposed for as short
a time as feasible.
(2)
Temporary ground cover (such as mulch or jute netting) shall be used
and permanent vegetative cover shall be established.
(3)
Diversion berms or bales, silting basins, terraces, filter fabric
fencing, and other methods shall be used to prevent erosion.
(4)
Lagoons shall be constructed to avoid fish trap conditions.
(5)
Fill shall be stabilized according to accepted engineering standards.
(6)
Filling shall comply with any local floodplain zoning ordinance and
shall not restrict a floodway or destroy the flood storage capacity
of a floodplain.
(7)
Channels or artificial watercourses shall be constructed with side
slopes of two units horizontal distance to one unit vertical or flatter
which shall be promptly vegetated, unless bulkheads or riprap are
provided.
A.
Designation. This district shall include all shorelands within the
jurisdiction of this chapter which are wetlands of five acres or more
(excluding point symbols), and which are shown on the Wisconsin Wetland
Inventory maps that are adopted and made a part of this chapter. A
portion of a wetland which is less than five acres in size, and which
is located in the unincorporated shoreland area within the Village,
shall be included in the shoreland-wetland district where the wetland
as a whole is five acres or larger, but extends across the corporate
limits of a municipality, across the Village boundary or across the
shoreland limits, so that the wetland is not regulated in its entirety
by the Village.
(1)
Locating shoreland-wetland boundaries. Where an apparent discrepancy
exists between the shoreland-wetland district boundary shown on the
Wisconsin Wetland Inventory maps and actual field conditions at the
time the maps were adopted, the Zoning Administrator/Building Inspector
shall contact the appropriate district office of the Department to
determine if the shoreland-wetland district boundary as mapped is
in error. If Department staff concur with the Zoning Administrator/Building
Inspector that a particular area was incorrectly mapped as a wetland,
the Zoning Administrator/Building Inspector shall have the authority
to immediately grant or deny a zoning permit in accordance with the
regulations applicable to the correct zoning district. The Zoning
Administrator/Building Inspector shall initiate a map amendment to
correct the discrepancy.
B.
Purpose. This district is created to maintain safe and healthful
conditions, to prevent water pollution, to protect fish spawning grounds
and wildlife habitat, to preserve shore cover and natural beauty and
to control building and development in wetlands whenever possible.
When development is permitted in a wetland, the development should
occur in a manner that minimizes adverse impacts upon the wetland.
C.
Permitted uses. The following uses shall be allowed, subject to general
shoreland zoning regulations contained in this chapter, the provisions
of Chs. 30 and 31, Wis. Stats. and the provisions of other applicable
local, state and federal laws:
(1)
Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling or excavating except as allowed under Subsection C(2) or (3).
(a)
Hiking, fishing, trapping, hunting, swimming, and boating;
(b)
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, tree fruits, and tree seeds, in a manner that
is not injurious to the natural reproduction of such crops;
(c)
The pasturing of livestock;
(d)
The cultivation of agricultural crops;
(e)
The practice of silviculture, including the planting, thinning,
and harvesting of timber; and
(f)
The construction or maintenance of duck blinds.
(2)
Uses which do not require the issuance of a zoning permit and which
may include limited filling, flooding, draining, dredging, ditching,
tiling, or excavating but only to the extent specifically provided
below:
(a)
Temporary water level stabilization measures necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact
on silvicultural activities if not corrected;
(b)
The cultivation of cranberries, including flooding, dike and
dam construction or ditching necessary for the growing and harvesting
of cranberries;
(c)
The maintenance and repair of existing agricultural drainage
systems including ditching, tiling, dredging, excavating and filling
necessary to maintain the level of drainage required to continue the
existing agricultural use. This includes the minimum filling necessary
for disposal of dredged spoil adjacent to the drainage system, provided
that dredged spoil is placed on existing spoil banks where possible;
(d)
The construction or maintenance of fences for the pasturing
of livestock, including limited excavating and filling necessary for
such construction or maintenance;
(e)
The construction or maintenance of piers, docks or walkways
built on pilings, including limited excavating and filling necessary
for such construction and maintenance; and
(f)
The maintenance, repair, replacement or reconstruction of existing
Village and county highways and bridges, including limited excavating
and filling necessary for such maintenance, repair, replacement or
reconstruction.
(3)
Uses which require the issuance of a zoning permit under § 293-10B and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:[1]
(a)
The construction and maintenance of roads which are necessary
to conduct silvicultural activities or agricultural cultivation, provided
that:
[1]
The road cannot as a practical matter be located outside the
wetland;
[2]
The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in Subsection E(2);
[3]
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use;
[4]
Road construction activities are carried out in the immediate
area of the roadbed only.
(b)
The construction or maintenance of nonresidential buildings,
provided that:
[1]
The building is essential for and used solely in conjunction
with the raising of waterfowl, minnows or other wetland or aquatic
animals; or some other use permitted in the shoreland-wetland district;
[2]
The building cannot, as a practical matter, be located outside
the wetland;
[3]
Such building is not designed for human habitation and does
not exceed 500 square feet in floor area; and
[4]
Only limited filling or excavating necessary to provide structural
support for the building is authorized.
(c)
The establishment of public and private parks and recreation
areas, natural and outdoor education areas, historic and scientific
areas, wildlife refuges, game bird and animal farms, fur animal farms,
fish hatcheries, and public boat launching ramps and attendant access
roads, provided that:
[1]
Any private development is used exclusively for the permitted
use and the applicant has received a permit or license under Ch. 29,
Wis. Stats., where applicable;
[2]
Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in Subsection C(3)(a)[1] through [4]; and
[3]
Ditching, excavating, dredging, or dike and dam construction
in public and private parks and recreation areas, natural and outdoor
education areas, historic and scientific areas, wildlife refuges,
game bird and animal farms, fur animal farms, and fish hatcheries
is allowed only for the purpose of improving wildlife habitat and
to otherwise enhance wetland values.
(d)
The construction or maintenance of electric, gas, telephone,
water and sewer transmission and distribution facilities, by public
utilities and cooperative associations organized for the purpose of
producing or furnishing heat, light, power or water to their members
and the construction or maintenance of railroad lines, provided that:
E.
Rezoning of lands in the Shoreland-Wetland District.
(1)
For all proposed text and map amendments to the shoreland-wetland
provisions of this chapter, the appropriate district office of the
Department shall be provided with the following:
(a)
A copy of every petition for a text or map amendment to the
shoreland-wetland provisions of this chapter, within five days of
the filing of such petition with the Village Clerk-Treasurer. Such
petition shall include a copy of the Wisconsin Wetland Inventory map
adopted as part of this chapter describing any proposed rezoning of
a shoreland-wetland;
(b)
Written notice of the public hearing to be held on a proposed
amendment at least 10 days prior to such hearing;
(c)
A copy of the Village Planning and Zoning Commission's
findings and recommendations on each proposed amendment within 10
days after the submission of those findings and recommendations to
the Village Board; and
(d)
Written notice of the Village Board's decision on the proposed
amendment within 10 days after it is issued.
(2)
A wetland, or a portion thereof, in the shoreland-wetland district
shall not be rezoned if the proposed rezoning may result in a significant
adverse impact upon any of the following:
(a)
Storm and flood water storage capacity;
(b)
Maintenance of dry season stream flow, the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area, or the flow of groundwater through a wetland;
(c)
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
(d)
Shoreline protection against soil erosion;
(e)
Fish spawning, breeding, nursery or feeding grounds;
(f)
Wildlife habitat; or
(g)
Areas of special recreational, scenic or scientific interest,
including scarce wetland types.
(3)
If the Department notifies the Village Planning and Zoning Commission that a proposed text or map amendment to the shoreland-wetland provisions of this chapter may have a significant adverse impact upon any of the criteria listed in Subsection E(2) of this chapter, that amendment, if approved by the Village Board, shall contain the following provision:
|
"This amendment shall not take effect until more than 30 days
have elapsed after written notice of the Village Board's approval
of this amendment is mailed to the Department of Natural Resources.
During that thirty-day period, the Department of Natural Resources
may notify the Village Board that it will adopt a superseding shoreland
ordinance for the Village under §§ 61.35 and 62.23,
Wis. Stats. If the Department does so notify the Village Board, the
effect of this amendment shall be stayed until the §§ 61.35
and 62.23 adoption procedure is completed or otherwise terminated."
|
The lawful use of a building, structure or property which existed
at the time this chapter, or an applicable amendment to this chapter,
took effect and which is not in conformity with the provisions of
this chapter, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
A.
If a nonconforming use is discontinued for 12 consecutive months,
any future use of the building, structure or property shall conform
to this chapter.
B.
The maintenance and repair of nonconforming boathouses that extend
waterward beyond the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
C.
If the nonconforming use of a temporary structure is discontinued,
such nonconforming use may not be recommenced.
D.
Uses which are nuisances shall not be permitted to continue as nonconforming
uses.
E.
No structural alteration, addition or repair to any building or structure
with a nonconforming use or any nonconforming building or structure,
over the life of the building or structure, shall exceed 50% of its
current estimated fair market value unless it is permanently changed
to conform to the requirements of this chapter.
F.
If the alteration, addition or repair of a building or structure
with a nonconforming use or a nonconforming building or structure
is prohibited because it is in excess of 50% of the current estimated
fair market value, the property owner may still make the proposed
alteration, addition or repair if:
(1)
A nonconforming use is permanently changed to a conforming use.
(2)
The property owner appeals the determination of the Zoning Administrator/Building
Inspector and either the Village Board of Appeals or the circuit court
find in the property owner's favor under §§ 61.35
and 62.23, Wis. Stats.
(3)
The property owner successfully petitions to have the property rezoned by amendment to this chapter in accordance with § 293-11 of this chapter and §§ 61.35 and 62.23, Wis. Stats.
A.
Zoning Administrator/Building Inspector. The Zoning Administrator/Building
Inspector shall have the following duties and powers:
(1)
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms.
(2)
Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
(3)
Keep records of all permits issued, inspections made, work approved
and other official actions.
(4)
Provide copies of variances, conditional uses and decisions on appeals
for map or text interpretations and map or text amendments within
10 days after they are granted or denied to the appropriate district
office of the Department.
B.
Building permits.
(1)
When required. Except where another section of this chapter specifically exempts certain types of development from this requirement [as in § 293-8C(1) and (2)], a building permit shall be obtained from the Zoning Administrator/Building Inspector before any new development, as defined in § 293-13B, or any change in the use of an existing building or structure, is initiated.
(2)
Application. An application for a building permit shall be made to
the Zoning Administrator/Building Inspector upon forms furnished by
the Village and shall include for the purpose of proper enforcement
of these regulations, the following data:
(a)
Name and address of applicant and property owner.
(b)
Legal description of the property and type of proposed use.
(c)
A sketch of the dimensions of the lot and location of buildings
relative to the lot lines, center line of abutting highways and the
ordinary high-water mark of any abutting watercourses and water level
on a date specified.
(d)
Location and description of any existing private water supply
or sewage system or notification of plans for any such installation.
(3)
Expiration of permit. Building permits shall expire 12 months from
date issued if no substantial work has commenced.
C.
Certificates of compliance.
(1)
No land shall be occupied or used and no building hereafter erected,
altered or moved shall be occupied, until a certificate of compliance
is issued by the Zoning Administrator/Building Inspector.
(a)
The certificate of compliance shall certify that the building
or premises or part thereof, and the proposed use thereof, conform
to the provisions of this chapter.
(b)
Application for such certificate shall be concurrent with the
application for a zoning permit.
(c)
The certificate of compliance shall be issued within 10 days
after notification of the completion of the work specified in the
building permit, if the building or premises or proposed use thereof
conforms with all the provisions of this chapter.
(2)
The Zoning Administrator/Building Inspector may issue a temporary
certificate of compliance for part of a building, pursuant to rules
and regulations established by the Village Board.
(3)
Upon written request from the owner, the Zoning Administrator/Building
Inspector shall issue a certificate of compliance for any building
or premises existing at the time of the adoption of this chapter,
certifying after inspection the extent and type of use made of the
building or premises and whether or not such use conforms to the provisions
of this chapter.
D.
Conditional use permits.
(1)
Application for a conditional use permit. Any use listed as a conditional
use in this chapter shall be permitted only after an application has
been submitted to the Zoning Administrator/Building Inspector and
a conditional use permit has been granted by the Board of Appeals.
(2)
Standards applicable to all conditional uses. In passing upon a conditional
use permit, the Board of Appeals shall evaluate the effect of the
proposed use upon:
(a)
The maintenance of safe and healthful conditions.
(b)
The prevention and control of water pollution, including sedimentation.
(c)
Compliance with local floodplain zoning ordinances and opportunity
for damage to adjacent properties due to altered surface water drainage.
(d)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(e)
The location of the site with respect to existing or future
access roads.
(f)
The need of the proposed use for a shoreland location.
(g)
Its compatibility with uses on adjacent land.
(h)
The amount of liquid and solid wastes to be generated and the
adequacy of the proposed disposal systems.
(i)
Location factors under which:
[1]
Domestic uses shall be generally preferred;
[2]
Uses not inherently a source of pollution within an area shall
be preferred over uses that are or may be a pollution source;
[3]
Use locations within an area tending to minimize the possibility
of pollution shall be preferred over use locations tending to increase
that possibility.
(3)
Conditions attached to conditional uses. Upon consideration of the
factors listed above, the Board of Appeals shall attach such conditions,
in addition to those required elsewhere in this chapter, as are necessary
to further the purposes of this chapter. Violations of any of these
conditions shall be deemed a violation of this chapter. Such conditions
may include specifications for, without limitation because of specific
enumeration: type of shore cover; specific sewage disposal and water
supply facilities; landscaping and planting screens; period of operation;
operational control; sureties; deed restrictions; location of piers,
docks, parking and signs; and type of construction. To secure information
upon which to base its determination, the Board of Appeals may require
the applicant to furnish, in addition to the information required
for a zoning permit, the following information:
(a)
A plan of the area showing surface contours, soil types, ordinary
high-water marks, groundwater conditions, subsurface geology and vegetative
cover.
(b)
Location of buildings, parking areas, traffic access, driveways,
walkways, piers, open space and landscaping.
(c)
Plans of buildings, sewage disposal facilities, water supply
systems and arrangement of operations.
(d)
Specifications for areas of proposed filling, grading, lagooning
or dredging.
(e)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
(4)
Notice, public hearing and decision. Before passing upon an application
for a conditional use permit, the Board of Appeals shall hold a public
hearing. Notice of such public hearing, specifying the time, place
and matters to come before the Board, shall be given as a Class 2
notice under Ch. 985, Wis. Stats. Such notice shall be provided to
the appropriate district office of the Department at least 10 days
prior to the hearing. The Board shall state in writing the grounds
for granting or refusing a conditional use permit.
(5)
Recording. When a conditional use permit is approved, an appropriate
record shall be made of the land use and structures permitted and
such permit shall be applicable solely to the structures, use and
property so described. A copy of any decision on a conditional use
permit shall be provided to the appropriate district office of the
Department within 10 days after it is granted or denied.
(6)
Revocation. Where the conditions of a conditional use permit are
violated, the conditional use permit shall be revoked by the Board
of Appeals.
E.
Variances. The Board of Appeals may grant upon appeal a variance
from the dimensional standards of this chapter where an applicant
convincingly demonstrates that: literal enforcement of the provisions
of the chapter will result in unnecessary hardship on the applicant;
the hardship is due to special conditions unique to the property;
and such variance is not contrary to the public interest.
(1)
No use variance. A variance shall not grant or increase any use of
property which is prohibited in the zoning district.
(2)
Notice, hearing and decision. Before passing on an application for
a variance, the Board of Appeals shall hold a public hearing. Notice
of such hearing specifying the time, place and matters of concern,
shall be given a Class 2 notice under Ch. 985, Wis. Stats. Such notice
shall be provided to the appropriate district office of the Department
at least 10 days prior to the hearing. The Board shall state in writing
the reasons for granting or refusing a variance and shall provide
a copy of such decision to the appropriate Department district office
within 10 days of the decision.
F.
Board of Appeals. The President of the Village Board shall appoint
a Board of Appeals consisting of five members and two alternate members
under §§ 61.35 and 62.23, Wis. Stats. The Village Board
shall adopt such rules for the conduct of the business of the Board
of Appeals as required by §§ 61.35 and 62.23, Wis.
Stats.[2]
(1)
Powers and duties.
(a)
The Board of Appeals shall adopt such additional rules as it
deems necessary and may exercise all of the powers conferred on such
boards by §§ 61.35 and 62.23, Wis. Stats.
(b)
It shall hear and decide appeals where it is alleged there is
error in any order, requirements, decision or determination made by
an administrative official in the enforcement or administration of
this chapter.
(d)
It may grant a variance from the dimensional standards of this chapter pursuant to Subsection E.
(e)
In granting a conditional use permit or variance, the Board
may not impose conditions which are more restrictive than any of the
specific standards in the chapter. Where the chapter is silent as
to the extent of restriction, the Board may impose any reasonable
permit conditions to effect the purpose of this chapter.
(2)
Appeals to the Board. Appeals to the Board of Appeals may be made
by any person aggrieved or by an officer, department, board or bureau
of the Village affected by any decision of the Zoning Administrator/Building
Inspector or other administrative officer. Such appeal shall be made
within a reasonable time, as provided by the rules of the Board, by
filing with the officer whose decision is in question, and with the
Board of Appeals, a notice of appeal specifying the reasons for the
appeal. The Zoning Administrator/Building Inspector or other officer
whose decision is in question shall promptly transmit to the Board
all the papers constituting the record concerning the matter appealed.
(3)
Hearing appeals and applications for variances and conditional use
permits.
(a)
The Board of Appeals shall fix a reasonable time for a hearing
on the appeal or application. The Board shall give public notice thereof
by publishing a Class 2 notice under Ch. 985, Wis. Stats, specifying
the date, time and place of the hearing and the matters to come before
the Board. Notice shall be mailed to the parties in interest. Written
notice shall be given to the appropriate district office of the Department
at least 10 days prior to hearings on proposed shoreland variances,
conditional uses, and appeals for map or text interpretations.
(b)
A decision regarding the appeal or application shall be made
as soon as practical. Copies of all decisions on shoreland variances,
conditional uses, and appeals for map or text interpretations shall
be submitted to the appropriate district office of the Department
within 10 days after they are granted or denied.
(c)
The final disposition of an appeal or application to the Board
of Appeals shall be in the form of a written resolution or order signed
by the Chairperson and secretary of the Board. Such resolution shall
state the specific facts which are the basis of the Board's determination
and shall either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or prosecution or grant the application.
(d)
At the public hearing, any party may appear in person or by
agent or by attorney.
The Village Board may, from time to time, alter, supplement or change the boundaries of use districts and the regulations contained in this chapter in accordance with the requirements of §§ 61.35 and 62.23, Wis. Stats, Ch. NR 115, Wis. Adm. Code and § 293-8E of this chapter, where applicable.
A.
Amendments to this chapter may be made on petition of any interested
party as provided in §§ 61.35 and 62.23, Wis. Stats.
B.
Every petition for a text or map amendment filed with the Village
Clerk-Treasurer shall be referred to the Village Planning and Zoning
Commission. A copy of each petition shall be mailed to the appropriate
district office of the Department within five days of the filing of
the petition with the Village Clerk-Treasurer. Written notice of the
public hearing to be held on a proposed amendment shall be provided
to the appropriate district office of the Department at least 10 days
prior to the hearing.
C.
A copy of the Village Board's decision on each proposed amendment
shall be forwarded to the appropriate district office of the Department
within 10 days after the decision is issued.
Any development, any building or structure constructed, moved or structurally altered, or any use established after the effective date of this chapter in violation of the provisions of this chapter, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The Village Zoning Administrator/Building Inspector shall refer violations to the Village Attorney, who shall expeditiously prosecute violations. Any person, firm, association or corporation who violates or refuses to comply with any of the provisions of this chapter shall be subject to the penalties provided in § 1-3. Each day which the violation exists shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated pursuant to §§ 61.35 and 62.23, Wis. Stats.
A.
For the purpose of administering and enforcing this chapter, the
terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future; words in the singular
number include the plural number; and words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances unless otherwise specified shall be measured horizontally.
B.
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
FLOODPLAIN
NAVIGABLE WATERS
ORDINARY HIGH-WATER MARK
REGIONAL FLOOD
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLANDS
The following terms used in this chapter mean:
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the principal
structure or use to which it is related, and which is located on the
same lot as the principal structure or use.
A structure used for the storage of watercraft and associated
materials which has one or more walls or sides.[1]
A use which is permitted by this chapter, provided that certain
conditions specified in the chapter are met and that a permit is granted
by the Board of Appeals or, where appropriate, the Planning and Zoning
Commission or Village Board.
The Department of Natural Resources.
Any man-made change to improved or unimproved real estate,
including, but not limited to the construction of buildings, structures
or accessory structures; the construction of additions or substantial
alterations to buildings, structures or accessory structures; the
placement of mobile homes; ditching, lagooning, dredging, filling,
grading, paving, excavation or drilling operations, and the deposition
or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
The land which has been or may be hereafter covered by flood
water during the regional flood. The floodplain includes the floodway
and the flood fringe as those terms are defined in Ch. NR 116, Wis.
Adm. Code.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. Under § 281.31(2)(d), Wis. Stats, notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under §§ 61.35 and 62.23,
Wis. Stats, and Ch. NR 115, Wis. Adm. Code, do not apply to lands
adjacent to farm drainage ditches if:
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristics.
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected
to occur on a particular stream because of like physical characteristics,
once in every 100 years.
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
The zoning district, created as a part of this shoreland
zoning ordinance, comprised of shorelands that are designated as wetlands
on the wetland maps which have been adopted and made a part of this
chapter.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
An authorization granted by the Board of Appeals to construct,
alter or use a building or structure in a manner that deviates from
the dimensional standards of this chapter.
Those areas where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which have soils indicative of wet conditions.
