[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. A-010-91, 1991 (Title 22, Ch. 22.04, of the 1979 Code). Amendments
noted where applicable.]
This chapter is adopted pursuant to the authorization in §§ 61.35
and 61.351, Wis. Stats.
[Amended by Ord. No. 020, Series 2001]
The provisions of Title 7, Shoreland and Wetland Zoning, of
the Ozaukee County Code of Ordinances, pertaining to shoreland-wetland
regulations on shoreland areas adjacent to navigable waters is incorporated
herein by reference. The shoreland-wetland provisions adopted shall
apply to all properties annexed to the Village of Grafton after May
7, 1982.
Uncontrolled use of the shoreland-wetlands and pollution of
the navigable waters of the Village would adversely affect the public
health, safety, convenience and general welfare and impair the tax
base. The Legislature of Wisconsin has delegated responsibility to
all municipalities to:
A.
Promote the public health, safety, convenience and general welfare;
B.
Maintain the stormwater and floodwater storage capacity of wetlands;
C.
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
D.
Protect fish, their spawning grounds, other aquatic life and wildlife
by preserving wetlands and other aquatic habitat;
E.
Prohibit certain uses detrimental to the shoreland-wetland area;
and
F.
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earthmoving activities.
[Amended 2-1-2016 by Ord.
No. 002-2016]
A.
Compliance. The use of wetlands and the alteration of wetlands within
the shoreland area of the Village shall be in full compliance with
the terms of this chapter and other applicable local, state or federal
regulations. All permitted development shall require the issuance
of a zoning permit unless otherwise expressly excluded by a provision
of this chapter.
B.
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 if § 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 § 30.12(4)(a), Wis. Stats., applies.
[Amended 2-1-2016 by Ord.
No. 002-2016]
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 61.35, 62.23 or 87.30, Wis. Stats.,
which relate to floodplains and shoreland-wetlands; except that, where
another municipal zoning ordinance 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.
B.
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.
C.
The lands within the Shoreland Zoning District are subject to all
applicable provisions of the Village of Grafton Municipal Code. Where
the provisions of this chapter are more restrictive than other regulations
in the Code, the provisions of this chapter shall apply.
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 the Wisconsin Statutes. Where
a provision of this chapter is required by a standard in Ch. NR 117,
Wis. Adm. Code, and where the ordinance provision is unclear, the
provision shall be interpreted in light of the Ch. NR 117 standards
in effect on the date of the adoption of the ordinance codified in
this chapter or in effect on the date of the most recent text amendment
to this chapter.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this chapter
shall not be affected.
[Amended 2-1-2016 by Ord.
No. 002-2016]
A.
The Ozaukee County shoreland zoning provisions in effect on the date
of annexation remain in effect and administered by the Village for
all areas annexed by the Village after May 7, 1982. These annexed
lands are described on the Village Official Zoning Map. The Ozaukee
County shoreland zoning provisions are incorporated by reference for
the purpose of administering this section and are on file in the office
of the Village Zoning Administrator.
B.
A shoreland that, before incorporation by the Village of Grafton,
was part of a town that was subject to a county shoreland zoning ordinance
under § 59.692, Wis. Stats., if the date of incorporation
was after April 30, 1994.
The following maps are adopted and made part of this chapter
and are on file in the office of the Village Clerk:
A.
Wisconsin Wetland Inventory Maps stamped "FINAL" on July 7, 1989;
B.
Floodplain Zoning Maps issued by the Federal Emergency Management
Agency for the Village, dated December 4, 2007, and Department of
Natural Resources floodplain maps dated September 1987;
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
C.
"Cedarburg Quadrangle," United States Geological Survey Map dated
1959 and photo-revised 1971 and 1976;
D.
Zoning Maps titled "Village of Grafton Zoning Map" and dated December
1989.
The shoreland-wetland zoning district includes all wetlands
in the Village which are five acres or more and are shown on the final
Wetland Inventory Map that has been adopted and made a part of this
chapter and which are:
A.
Within 1,000 feet of the ordinary high-water mark of navigable lakes,
ponds or flowages. Lakes, ponds or flowages in the Village shall be
presumed to be navigable if they are listed in the Wisconsin Department
of Natural Resources surface water data viewer available on the DNR
website, United States Geological Survey quadrangle maps or other
zoning base maps which have been incorporated by reference and made
a part of this chapter.
[Amended 2-1-2016 by Ord.
No. 002-2016]
B.
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 shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter. Floodplain Zoning Maps adopted in § 22.04.080 shall be used to determine the extent of floodplain areas.
C.
Determinations of navigability and ordinary high-water-mark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Department for a final determination of navigability
or ordinary high-water mark.
D.
When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the Official Zoning Maps and actual field conditions at the time the maps were adopted, the Zoning Administrator 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 that a particular area was incorrectly mapped as wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in §§ 22.04.100 and 22.110, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
E.
Pursuant to § 61.353(7) or 62.233, Wis. Stats., the shoreland
zoning district does not include lands adjacent to an artificially
constructed drainage ditch, pond or retention basin if the drainage
ditch, pond or retention basin is not hydrologically connected to
a natural navigable water body.
[Added 2-1-2016 by Ord.
No. 002-2016]
Wetlands which are filled prior to July 7, 1989, the date on
which the Village received final wetland inventory maps, in a manner
which affects their wetland characteristics to the extent that the
area can no longer be defined as wetland, are not subject to this
chapter.
Wetlands located between the original ordinary high-water mark
and a bulkhead line established prior to May 7, 1982, under § 30.11,
Wis. Stats., are not subject to this chapter.
[Added 2-1-2016 by Ord.
No. 002-2016]
A.
Principal building setbacks.
1.
All principal buildings shall be set back at least 50 feet from
the ordinary high-water mark.
2.
Adjustment of shore yards. A setback less than that required
by Subsection A.1 may be allowed if all of the following apply:
a.
The principal building is constructed or placed on a lot or
parcel of land that is immediately adjacent on each side to a lot
or parcel of land containing a principal building; and
b.
The principal building is constructed or placed within a distance
equal to the average setback of the principal building on the adjacent
lots or 35 feet from the ordinary high-water mark, whichever distance
is greater.
The following uses are permitted, subject to the provisions
of Chs. 30 and 31, Wis. Stats., and the provisions of other local,
state and federal laws, if applicable.
A.
Activities and uses which do not require the issuance of a conditional
use permit, provided that no wetland alteration occurs:
1.
Hiking, fishing, trapping, swimming, snowmobiling and boating;
2.
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;
3.
The practice of silviculture, including the planting, thinning
and harvesting of timber;
4.
The cultivation of agricultural crops.
B.
Uses which do not require the issuance of a conditional use permit
and which may involve wetland alterations only to the extent specifically
provided below:
1.
The maintenance and repair of existing drainage systems to restore
preexisting levels of drainage, including the minimum amount of filling
necessary to dispose of dredged spoil, provided that the filling is
otherwise permissible and that dredged spoil is placed on existing
spoil banks where possible;
2.
The construction and maintenance of piers, docks, walkways,
observation decks and trail bridges built on pilings, including limited
excavating and filling necessary for such construction or maintenance;
3.
The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland district listed in § 22.04.090 of this chapter; and
4.
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
C.
Uses which are allowed upon the issuance of a conditional use permit
and which may include wetland alterations only to the extent specifically
provided below:
1.
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under Subsection A of this section, provided that:
a.
The road cannot, as a practical matter, be located outside the
wetland;
b.
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 22.04.200 of this chapter;
c.
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use;
d.
Road construction activities are carried out in the immediate
area of the roadbed only; and
e.
Any wetland alteration must be necessary for the construction
or maintenance of the road,
2.
The construction and maintenance of nonresidential buildings,
provided that:
a.
The building is used solely in conjunction with a use permitted
in the shoreland-wetland district;
b.
The building cannot, as a practical matter, be located outside
wetlands;
c.
The building does not exceed 500 square feet in floor area;
and
d.
Only limited filling and excavating necessary to provide structural
support for the building is allowed.
3.
The establishment and development of public and private parks
and recreation areas, outdoor education areas, historic, natural and
scientific areas, game refuges and closed areas, fish and wildlife
habitat improvement projects, public boat-launching ramps, provided
that:
a.
Any private development allowed under this subsection shall
be used exclusively for the permitted purpose;
b.
Only limited filling and excavating necessary for the development
of public boat-launching ramps, swimming beaches or the construction
of park shelters or similar structures is allowed;
c.
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in § 22.04.200 of this chapter; and
d.
Wetland alterations in game refuges and closed areas, fish and
wildlife habitat improvement projects shall be for the purpose of
improving wildlife habitat or to otherwise enhance wetland values.
4.
The construction and maintenance of electric and telephone transmission
lines, water and gas distribution lines and sewage collection lines
and related facilities and the construction and maintenance of railroad
lines; provided that:
[Added 2-1-2016 by Ord.
No. 002-2016]
Pursuant to § 61.353(3) or 62.233, Wis. Stats., a
landowner must maintain a vegetative buffer zone, as follows:
A.
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in Subsection B.
B.
If the vegetation in a vegetative buffer zone contains invasive species
or dead or diseased vegetation, the owner of the shoreland property
may remove the vegetation, except that if the owner removes all of
the vegetation in the vegetative buffer zone, the owner shall establish
a vegetative buffer zone with new vegetation.
C.
A person who is required to maintain or establish a vegetative buffer zone under Subsection A may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary high-water mark.
Zoning Administrator. The Zoning Administrator shall have the
following duties and powers:
A.
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms;
B.
Issue permits and certificates of compliance and inspect properties
for compliance with this chapter;
C.
Keep records of all permits issued, inspections made, work approved
and other official actions;
D.
Have access to any structure or premises at any reasonable time for
the purpose of performing these duties;
E.
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation, and map or text amendments,
within 10 days after they are granted or denied, to the appropriate
district office of the Department.
F.
Investigate and report violations of this chapter to the Plan Commission
and Village Attorney;
G.
Issue citations for violations of this chapter;
H.
Issue stop-work orders for violations of this chapter. Removal of
said orders shall be unlawful.
A.
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a conditional use permit shall be obtained from the Zoning Administrator before any new development, as defined in § 22.04.220 of this chapter, or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a conditional use permit shall be
made to the Zoning Administrator upon forms furnished by the Village
and shall include, for the purpose of proper enforcement of these
regulations, the following information:
1.
General information.
2.
Site development plan. The site development plan shall be submitted
as a part of the permit application and shall contain the following
information drawn to scale:
a.
Dimensions and area of the lot;
b.
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways;
c.
Location of the ordinary high-water mark of any abutting navigable
waterways;
d.
Boundaries of all wetlands;
e.
Existing and proposed topographic and drainage features and
vegetative cover;
f.
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps;
g.
Location of existing or future access roads;
h.
Specifications and dimensions for areas of proposed wetland
alteration; and
i.
Any other information required by the Zoning Administrator or
the Plan Commission.
C.
Expiration. All permits issued under the authority of this chapter
shall expire six months from the date of issuance if work has not
commenced.
A.
Except where no conditional use permit is required, no land shall
be occupied or used and no building which is hereafter constructed,
altered, added to, modified, rebuilt or replaced shall be occupied
until a certificate of compliance is issued by the Zoning Administrator,
subject to the following provisions:
1.
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use thereof, conform to
the provisions of this chapter;
2.
Application for such certificate shall be concurrent with the
application for a conditional use permit;
3.
The certificate of compliance shall be issued within 10 working
days after notification of the completion of the work specified in
the conditional use permit, providing the building or premises and
proposed use thereof conform with all the provisions of this chapter.
B.
The Zoning Administrator may issue a temporary certificate of compliance
for a building, premises or part thereof pursuant to rules and regulations
established by the municipal governing body.
C.
Upon written request from the owner, the Zoning Administrator shall
issue a certificate of compliance for any building or premises existing
at the time of ordinance adoption, certifying after inspection the
extent and type of use made of the building or premises and whether
or not such conforms to the provisions of this chapter.
A.
Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Plan Commission following the procedures in § 22.04.190 of this chapter.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 22.04.120 of this chapter, the Plan Commission shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 22.04.020. Such conditions may include specifications for, but not be limited to: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a conditional use permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
D.
Recording. Where a conditional use permit is approved, an appropriate
record shall be made by the Zoning Administrator of the land use and
structures permitted.
E.
Revocation. Where the conditions of a conditional use permit are
violated, the permit shall be revoked by the Plan Commission.
The Village President shall appoint a Board of Appeals under
§ 62.23(7)(e), Wis. Stats., consisting of five members subject
to confirmation by the Village Board. The Board of Appeals shall adopt
rules for the conduct of its business as required by § 63.23(7)(e)3,
Wis. Stats.
A.
Powers and duties. The Board of Appeals:
1.
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter;
2.
May authorize, upon appeal, a variance from the dimensional
standards of this chapter where an applicant convincingly demonstrates:
a.
That literal enforcement of the terms of the chapter will result
in unnecessary hardship for the applicant;
b.
That the hardship is due to special conditions unique to the
property and is not self-created or based solely on economic gain
or loss;
c.
That such variance is not contrary to the public interest as
expressed by the purpose of this chapter; and
d.
That such variance will not grant or increase any use of property
which is prohibited in the zoning district.
B.
Appeals to the Board. Appeals to the Board of Appeals may be taken
by any person aggrieved or by an officer, department, board or bureau
of the community affected by any order, requirement, decision or determination
of the Zoning Administrator or other administrative official. Such
appeals shall be taken within 30 days, as provided by the rules of
the Board, by filing with the official whose decision is in question
and with the Board of Appeals a notice of appeal specifying the reasons
for the appeal. The Zoning Administrator or other official whose decision
is in question shall transmit to the Board all the papers constituting
the record on the matter appealed.
C.
Public hearings.
1.
Before making a decision on an appeal or application, the Board
of Appeals shall, within a reasonable period of time, hold a public
hearing. The Board shall give public notice of the hearing 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.
At the public hearing, any party may present testimony in person,
by agent or by attorney.
[Amended by Ord. No. 002-94, 1994]
2.
A copy of such notice shall be mailed to the parties in interest
and the appropriate district office of the Department at least 10
days prior to all public hearings on issues involving shoreland-wetland
zoning.
D.
Decisions.
1.
The final disposition of an appeal or application for a conditional
use permit before the Board of Appeals shall be in the form of a written
decision, made within a reasonable time after the public hearing and
signed by the Board Chair. Such decision shall state the specific
facts which are the basis of the Board's determination and shall either
affirm, reverse 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 for a conditional use.
2.
A copy of such decision shall be mailed to the parties in interest
and the appropriate district office of the Department within 10 days
after the decision is issued.
The Village Board may alter, supplement or change the district
boundaries and the regulations contained in this chapter in accordance
with the requirements of § 62.23(7)(d)2, Wis. Stats., Ch.
NR 117, Wis. Adm. Code, and the following:
A.
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of the submission of the proposed amendment to the Plan Commission.
B.
All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the municipal Plan Commission, and
a public hearing shall be held after Class 2 notice as required by
§ 62.23(7)(d)2, Wis. Stats. The appropriate district office
of the Department shall be provided with written notice of the public
hearing at least 10 days prior to such hearing. In order to ensure
that this chapter will remain consistent with the shoreland protection
objectives of § 281.31, Wis. Stats., the municipal governing
body may not rezone a wetland in a shoreland-wetland zoning district,
or any portion thereof, where the proposed rezoning may result in
a significant adverse impact upon any of the following wetland functions:
1.
Storm and floodwater storage capacity;
2.
Maintenance of dry season stream flow or 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;
3.
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
4.
Shoreline protection against erosion;
5.
Fish spawning, breeding, nursery or feeding grounds;
6.
Wildlife habitat; or
7.
Areas of special recreational, scenic or scientific interest,
including scarce wetland types and habitat of endangered species.
C.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection B the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
D.
The appropriate district office of the Department shall be provided
with:
1.
A copy of the recommendation and report, if any, of the Plan
Commission on a proposed text or map amendment within 10 days after
the submission of those recommendations to the Village Board;
2.
Written notice of the action on the proposed text or map amendment
within 10 days after the action is taken.
E.
If the Department notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection B, that proposed amendment, if approved by the Village Board, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by this section. If within the thirty-day period the Department notifies the Village that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the Village as provided by §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.
Any development, building or structure or accessory building
or structure constructed, altered, added to, modified, rebuilt or
replaced or any use or accessory use established after the effective
date of the ordinance codified in 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. Any person, firm, association or corporation who violates
or refuses to comply with any of the provisions of this chapter shall
be subject to a forfeiture of not less than $200 nor more than $1,000
per offense, together with the taxable costs of such action. Each
day of continued violation 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 by action
at suit of the Village, the state, or any citizen thereof pursuant
to § 87.30(2), 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; 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
CLASS 2 PUBLIC NOTICE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
1.
2.
ORDINARY HIGH-WATER MARK
PRINCIPAL BUILDING
SHORELAND SETBACK AREA
SHORELANDS
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLANDS
WETLAND ALTERATION
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 that of the principal structure or use.
As defined in § 30.01(1d), Wis. Stats., means a
permanent structure used for the storage of watercraft and associated
materials and includes all structures which are totally enclosed,
have roofs or walls, or any combination of structural parts.
Publication of a public hearing notice under Ch. 985, Wis.
Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
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 agency
designated by the municipal governing body.
The Wisconsin 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 buildings or structures; 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.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
As defined in § 30.01(1r), Wis. Stats., means a
structure not actually used for navigation, which extends beyond the
ordinary high-water mark of a navigable waterway and is retained in
place either by cables to the shoreline or by anchors or spudpoles
attached to the bed of the waterway.
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 § 61.351 or 62.231,
Wis. Stats., and Ch. NR 117, Wis. Adm. Code, do not apply to lands
adjacent to farm drainage ditches, if:
Such lands are not adjacent to a natural navigable stream or
river;
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching.
|
Wisconsin's Supreme Court has declared "navigable" bodies of
water that have a bed differentiated from adjacent uplands and levels
or flow sufficient to support navigation by a recreational craft of
the shallowest draft on an annually recurring basis [Muench v. Public
Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc.,
v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example,
a stream which is navigable by skiff or canoe during normal spring
high water is navigable, in fact, under the laws of this state though
it may be dry during other seasons.
|
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
characteristic.
The main building or structure on a single lot or parcel
of land and includes any attached garage or attached porch.
[Added 2-1-2016 by Ord.
No. 002-2016]
Has the meaning given in § 59.692(1)(bn) Wis. Stats.
[Added 2-1-2016 by Ord.
No. 002-2016]
Has the meaning given in § 59.692(1)(b), Wis. Stats.
[Added 2-1-2016 by Ord.
No. 002-2016]
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 in this chapter, comprised of
shorelands that are designated as wetlands on the wetlands inventory
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
or alter 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 support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
