Village of Hobart, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Hobart as § 6.039 of the 2000 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural shoreland management — See Ch. 288.
Floodplain zoning — See Ch. 290.
Zoning — See Ch. 295.
A. 
Statutory authorization. This chapter is adopted pursuant to the authorization in §§ 61.35, 61.351, 87.30 and 281.31, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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. 
Purpose. For the purpose of promoting the public health, safety, convenience and welfare, this chapter has been established to:
(1) 
Further the maintenance of safe and healthful conditions and prevent and control water pollution through:
(a) 
Limiting structures to those areas where soil and geological conditions will provide a safe foundation.
(b) 
Establishing minimum lot sizes to provide adequate area for private sewage disposal facilities.
(c) 
Controlling filling and grading to prevent serious soil erosion problems.
(2) 
Protect spawning grounds, fish and aquatic life through:
(a) 
Preserving wetlands and other fish and aquatic habitat.
(b) 
Regulating pollution sources.
(c) 
Controlling shoreline alterations, dredging and lagooning.
(3) 
Control building sites, placement of structures and land uses through:
(a) 
Separating conflicting land uses.
(b) 
Prohibiting certain uses detrimental to the shoreland area.
(c) 
Setting minimum lot sizes and widths.
(d) 
Regulating side yards and building setbacks from waterways.
(4) 
Preserve shore cover and natural beauty through:
(a) 
Restricting the removal of natural shoreland cover.
(b) 
Preventing shoreline encroachment by structures.
(c) 
Controlling shoreland excavation and other earthmoving activities.
(d) 
Regulating the use and placement of boathouses and other structures.
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:
(a) 
Such lands are not adjacent to a natural navigable stream or river;
(b) 
Those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching; and
(c) 
Such lands are maintained in nonstructural agricultural use.
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.
(1) 
United States Geological Survey Quadrangle Maps for Brown County.
(2) 
Wisconsin Wetland Inventory maps stamped "FINAL."
(3) 
Floodplain Zoning Maps.
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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:
(1) 
Hazards to the health, safety or welfare of future residents.
(2) 
Proper relationship to adjoining areas.
(3) 
Public access to navigable waters, as required by law.
(4) 
Adequate storm drainage facilities.
(5) 
Conformity to state law and administrative code provisions.
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:
(a) 
Petition. A petition setting forth all of the facts required in Subsection B(2) shall be submitted to the Village Clerk-Treasurer with sufficient copies to provide for distribution by the Clerk-Treasurer as required by Subsection B(3)(b).
(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:
(1) 
It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.
(2) 
Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets the requirements of § 293-8C(2) and (3) of this chapter.
(3) 
All applicable federal, state and local authorizations is obtained in addition to a permit under this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(4) 
Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover or a bulkhead.
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:
(a) 
Any filling or grading on slopes of more than 25%.
(b) 
Filling or grading of more than 1,000 square feet on slopes of 12% to 25%.
(c) 
Filling or grading of more than 2,000 square feet on slopes less than 12%.
(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:
[1] 
The transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
[2] 
Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in Subsection E(2).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
Prohibited uses. Any use not listed in Subsection C(1), (2) or (3) is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this chapter in accordance with Subsection E of this chapter and §§ 61.35 and 62.23, Wis. Stats.
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.
(4) 
If the structure is damaged or destroyed after March 2, 2006, by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation, if the structure will be restored to the size, location, and use that it had immediately before the damage or destruction occurred.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
(5) 
Investigate and report violations of this chapter to the Village Planning and Zoning Commission and the district attorney or Village Administrator.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
(c) 
It shall hear and decide applications for conditional use permits pursuant to Subsection D.
(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.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
G. 
Fees, general. The Village Board may, by resolution, adopt fees for the following:
(1) 
Land use permits.
(2) 
Building permits.
(3) 
Certificates of compliance.
(4) 
Planned residential unit development reviews.
(5) 
Public hearings.
(6) 
Legal notice publications.
(7) 
Conditional use permits.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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. 
The following terms used in this chapter mean:
ACCESSORY STRUCTURE OR USE
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.
BOATHOUSE
A structure used for the storage of watercraft and associated materials which has one or more walls or sides.[1]
CONDITIONAL USE
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.
DEPARTMENT
The Department of Natural Resources.
DEVELOPMENT
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.
DRAINAGE SYSTEM
One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
FLOODPLAIN
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.
NAVIGABLE WATERS
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:
(1) 
Such lands are not adjacent to a natural navigable stream or river.
(2) 
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(3) 
Such lands are maintained in nonstructural agricultural use.
ORDINARY HIGH-WATER MARK
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.
REGIONAL FLOOD
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.
SHORELANDS
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.
SHORELAND-WETLAND DISTRICT
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.
UNNECESSARY HARDSHIP
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.
VARIANCE
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.
WETLANDS
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).