[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 13, Ch. 7, of the 2012 compilation of ordinances,
as amended through 5-22-2013].
Subsequent amendments noted where applicable.]
This chapter is adopted pursuant to the authorization in §§
61.35, 61.351, 87.30 and 281.31, Wis. Stats.
Uncontrolled use of the shoreland-wetlands and the pollution
of the navigable waters of the Village of Winneconne 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.
Shoreland-Wetland Zoning Ordinance/Chapter for the Village of
Winneconne, Wisconsin.
The use of wetlands and the alteration of wetlands within the shoreland area of the Village of Winneconne shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see this chapter and Chapter 580 for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.
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 § 30.2022, Wis. Stats.,
applies.
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 61.35, 62.23 or 87.30, Wis. Stats.,
which relates to floodplains, shoreland and wetlands, except that
where another municipal zoning ordinance is more restrictive than
the provisions contained in 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.
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 municipality 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 chapter 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 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
for any reason by a court of competent jurisdiction, the remainder
of this chapter shall not be affected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Applicability. This section is intended to comply with § 61.353,
Wis. Stats., and applies to the following shoreland areas:
(1)
A shoreland that was annexed by the Village of Winneconne after May
7, 1982, and that prior to annexation was subject to a county shoreland
zoning ordinance under § 59.692 of the Wisconsin Statutes.
(2)
Shoreland areas regulated by this chapter shall include all the lands
in the Village of Winneconne that are:
(a)
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds, or flowages. Lakes, ponds, and flowages shall be presumed
to be navigable if they are listed in the Wisconsin Department of
Natural Resources (DNR) Surface Water Data viewer available on the
DNR website, or are shown on United States Geological Survey quadrangle
maps or other zoning base maps.
(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 continuous waterways or intermittent waterways
on United States Geological Survey quadrangle maps. Flood hazard boundary
maps, flood insurance rate maps, or other existing floodplain Zoning
Maps approved by the DNR shall be used to delineate 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 DNR for a final determination of navigability
or ordinary high-water mark.
(3)
Pursuant to § 61.353, Wis. Stats., this section does not
apply to 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.
B.
Setbacks from navigable waters.
(1)
Principal building setbacks. 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 B(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.
(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.
C.
Vegetative buffer zone. A vegetative buffer zone shall be maintained
in the shoreland area in accordance with the following requirements:
(1)
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 otherwise provided
herein.
(2)
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 invasive, dead, or diseased 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.
(3)
A person who is required to maintain or establish a vegetative buffer
zone under this subsection may remove all of the vegetation in a part
of that zone in order to establish a viewing and access corridor that
is no greater than 30 feet wide for every 100 feet of shoreline frontage.
D.
Principal uses. Principal uses shall be according to the underlying
districts, except that uses in shoreland-wetland zoning areas shall
be consistent with any special provisions pertaining to such areas.
E.
Conditional uses.
(1)
All conditional uses specified in the underlying district;
(2)
Roads (except roads used primarily for agricultural purposes, path
and trail development and all other cutting and trimming);
(3)
Filling, grading, lagooning, dredging, ditching and excavating; only
filling, grading, lagooning, dredging, ditching or excavating that
is done in a manner designed to minimize erosion, sedimentation and
impairment of fish and wildlife habitat may be permitted in the shoreland
area;
(4)
A state or federal permit may be required, in addition to a permit
under this chapter, if state or federal laws are applicable to the
filling, grading, lagooning, dredging, ditching or excavating that
is proposed.
F.
Street and water projects. Where street and water projects, including
riprapping and cleaning of existing ditches, have approval by the
Department of Natural Resources; the Army Corps of Engineers; and/or
the Land and Water Conservation Department, or where managed timber
harvesting falls under a State District Forester's Plan, approval
shall be based upon plans and/or permits authorized by said agency(s)
of jurisdiction.
G.
Accessory uses. All accessory uses specified in the underlying district.
H.
Variances.
(1)
Setback. The required setback from the ordinary high-water mark of
navigable waters may be reduced by variance, but in no case less than
25 feet.
I.
Notice to the Department.
(1)
Written notice shall be given to the appropriate district office
of the Department of Natural Resources at least 10 days prior to hearings
on proposed shoreland variances, special exceptions (conditional uses),
appeals for map or text interpretations, and map or text amendments.
(2)
Copies of decisions on shoreland variances, special exceptions (conditional
uses), appeals for map or text interpretations, and map or text amendments
shall be submitted to the appropriate district office of the Department
of Natural Resources within 10 days after they are granted or denied.
J.
PRINCIPAL BUILDING
SHORELAND
(1)
(2)
Definitions. In this section the following definitions shall apply:
The main building or structure on a single lot or parcel
of land, including any attached garage or attached porch.
The area within the following distances from the ordinary
high-water mark of navigable waters, as defined under § 281.31(2)(d),
Wis. Stats.:
One thousand feet from a lake, pond or flowage. If the navigable
water is a glacial pothole lake, this distance shall be measured from
the high-water mark of the lake; or
Three hundred feet from a river or stream or to the landward
side of the floodplain, whichever distance is greater. (See § 59.692(1)(b),
Wis. Stats.)
The following maps are hereby adopted and made a part of this
chapter and are on file, can be found electronically at the respective
originator, or can be obtained upon request from the office of the
Village Clerk-Treasurer or Public Works Director:
A.
Wisconsin Wetland Inventory, most recent version, may be obtained
by contacting the Northeast Region office of the Wisconsin Department
of Natural Resources (WDNR), 625 E County Road Y, Suite 700, Oshkosh,
WI 54903. Activities affecting wetland areas must comply with §§ 281.36
and 281.37, Wis. Stats., as well as Wis. Adm. Code Chs. NR 103, 299,
350, and/or 353.
B.
United States Geological Survey map, most recent version, may be
obtained by contacting the USGS National Center, 1201 Sunrise Valley
Drive, Reston, VA 20192.
C.
Floodplain Zoning Maps titled "Flood Insurance Rate Map," dated March
17, 2003, and numbered Map 55139C0176E or 55139C0177E, or the most
recent version as modified from time to time and published by the
United States Government Federal Emergency Management Agency.
D.
Zoning Maps titled "Winneconne Official Zoning Map" and dated February
16, 2010, with additional revisions or the most modern version may
be obtained from the Village of Winneconne Clerk-Treasurer.
A.
Boundaries. The Shoreland-Wetland Zoning District includes all wetlands
in the Village of Winneconne, Wisconsin, 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, including;
(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 Winneconne
shall be presumed to be navigable if they are shown on the United
States Geological Survey quadrangle maps or other zoning base maps
which have been incorporated by reference.
(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 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. Floodplain Zoning
Maps shall be used to determine the extent of floodplain areas in
the Village.
B.
Determinations of navigability. Determinations of navigability and
ordinary high-water mark shall initially be made by the Zoning Administrator.
When questions arise, the Zoning Administrator shall contact the appropriate
district office of the Department for the final determination of navigability
or ordinary high-water mark.
C.
Discrepancies. When an apparent discrepancy exists between the Shoreland-Wetland
District boundary shown on the official shoreland-wetland Zoning Maps
and the 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 the Department staff concurs with the Zoning
Administrator that a particular area was incorrectly mapped as a wetland,
the Zoning Administrator shall have the authority to immediately grant
or deny a land use or building 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 this
chapter, the Zoning Administrator shall be responsible for initiating
a shoreland-wetland map amendment within a reasonable period.
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.
No wetland alteration. Activities and uses which do not require the
issuance of a zoning permit, provided that no wetland alteration occurs:
(1)
Hiking, fishing, trapping, hunting, 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 pasturing of livestock;
(5)
The cultivation of agricultural crops; and
(6)
The construction and maintenance of duck blinds.
B.
Wetland alteration restricted. Uses which do not require the issuance
of a zoning permit and which may involve wetland alterations only
to the extent specifically provided below:
(1)
The practice of silviculture, including limited temporary water level
stabilization measures which are necessary to alleviate abnormally
wet or dry conditions that would have an adverse impact on the conduct
of silvicultural activities if not corrected;
(2)
The cultivation of cranberries, including limited wetland alterations
necessary for the purpose of growing and harvesting cranberries;
(3)
The maintenance and repair of existing drainage 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;
(4)
The construction and maintenance of fences for the pasturing of livestock,
including limited excavating and filling necessary for such construction
or maintenance;
(5)
The construction and maintenance of piers, docks and walkways, observation
decks and trail bridges built on pilings, including limited excavating
and filling necessary for such construction or maintenance;
(6)
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 the adverse impact upon the natural functions of the shoreland-wetland;
and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
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.
Permit required. Uses which are allowed upon the issuance of a simple
zoning 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
in 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 the adverse
impact upon the natural functions of the wetland;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 or for the raising of waterfowl,
minnows or other wetland or aquatic animals;
(b)
The building cannot, as a practical matter, be located outside
the wetland;
(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, game bird and animal farms, wildlife preserves and 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 Subsection C(1) of this section; and
(d)
Wetland alterations in game refuges and closed areas, fish and
wildlife habitat improvement projects, game bird and animal farms,
wildlife preserves 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, gas and water distribution lines, and sewage collection lines,
and related facilities and the construction and maintenance of railroad
lines, provided that:
(a)
The utility transmission and distribution facilities and railroad
lines cannot, as a practical matter, be located outside the wetland;
(b)
Only limited filling or excavating necessary for such construction
or maintenance is allowed; and
(c)
Such construction or maintenance is done in a manner designed
to minimize the adverse impact upon the natural functions of the wetland.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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
the chapter, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
A.
Reconstruction and repair. The shoreland-wetland provisions of this
chapter authorized by § 61.351, Wis. Stats., shall not limit
the repair, reconstruction, renovation, remodeling or expansion of
a nonconforming structure or of any environmental control facility
related to such a structure in existence on the effective date of
the shoreland-wetland provisions. All other modifications to nonconforming
structures are subject to § 62.23(7)(h), Wis. Stats., which
limits total lifetime structural repairs and alterations to 50% of
current fair market value.
B.
Nonconforming use discontinued. If a nonconforming use or the use
of a nonconforming structure is discontinued for 12 consecutive months,
any future use of the building, structure or property shall conform
to the appropriate provisions of this chapter.
C.
Nonconforming use without a structure. Any legal nonconforming use
of property which does not involve the use of a structure and which
existed at the time of the adoption or subsequent amendment of this
chapter adopted under § 62.231 or 61.351, Wis. Stats., may be
continued although such use does not conform with the provisions of
this chapter. However, such nonconforming use may not be extended.
D.
Boathouses. The maintenance and repair of nonconforming boathouses
which are located below the ordinary high-water mark of any navigable
waters shall comply with the requirements of § 30.121, Wis.
Stats.
E.
Nuisances. Uses which are nuisances under common law shall not be
permitted to continue as nonconforming uses.
A.
Wetlands filled prior to April 9, 1992, the date on which the Village
received the final wetland inventory maps, in a manner which affects
their wetland characteristics to the extent that the area can no longer
be defined as wetlands are not subject to this chapter.
B.
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 the chapter.
A.
Except as provided in § 559-15, for lots that abut navigable waters, all buildings and structures, except piers, marinas, boathouses, and similar uses which require a lesser setback as determined by the Zoning Administrator shall be set back at least 25 feet from the ordinary high-water line and elevated at least two feet above the experienced high water elevation unless otherwise specified by a floodplain zoning chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Seepage pits and soil absorption fields shall be set back at least
50 feet from the normal high water elevation; Zoning Administrator
shall determine the normal high water elevation or line where not
established. Furthermore, it shall be the duty of the Zoning Administrator
and Building Inspector to determine that the design, location, and
construction of private sewage disposal facilities are in conformance
with applicable state and Village codes.
A zoning conditional use permit shall be required for any filling
or grading;
A.
Of the bed of a navigable body of water. In addition, a permit shall
be obtained from the Wisconsin Department of Natural Resources or
any other state agency having jurisdiction under the provisions of
§§ 30.11 and 30.12, Wis. Stats. The state permit shall
be applied for, approved, received and submitted with the application
for the Village permit. Approval of a Village permit shall be conditioned
upon the state permit and subsequent conditions.
B.
Of any area which is within 300 feet horizontal distance of navigable
water and which has surface drainage toward the water and on which
there is:
(1)
Filling of more than 500 square feet of any wetland which is contiguous
to the water;
(2)
Filling or grading on slopes of 20% or more;
(3)
Filling or grading on more than 1,000 square feet on slopes between
12% and 20%;
(4)
Filling or grading on more than 2,000 square feet on slopes of 12%
or less.
C.
Before constructing or commencing on any artificial waterway, canal,
ditch, lagoon, pond, lake, or similar waterway which is within 500
feet of the high-water mark of a navigable body of water or where
the purpose is ultimate connection with a navigable body of water.
This requirement does not apply to soil conservation practices such
as terraces, diversions and grassed waterways which are used for sediment
retardation.
D.
The following additional conditions may be attached:
(1)
The smallest amount of bare ground be exposed for the shortest time
feasible;
(2)
Temporary ground cover such as mulch be used and permanent cover
such as sod be planted;
(3)
Diversions, silting basins, terraces and other methods to trap sediment
be used;
(4)
Dredging to a firm bottom prior to filling;
(5)
Dredging be conducted in such a manner as to avoid creation of fish
trap conditions;
(6)
Fill is stabilized according to accepted engineering standards;
(7)
Fill will not restrict a floodway or destroy the storage capacity
of a floodplain;
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 Village planning
agency.
B.
All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the municipal planning agency, and
a public hearing shall be held 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 20
days prior to such hearing.
C.
In order to ensure that the shoreland protection objectives in §
281.31, Wis. Stats., will be accomplished by the amendment, the Village
Board 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:
(1)
Stormwater 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 soil 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.
D.
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 C of this section, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
E.
The appropriate district office of the Department shall be provided
with:
(1)
A copy of the recommendations and report, if any, of the municipal
planning agency on the proposed text or map amendment within 10 days
after the submission of those recommendations to the Village Board;
and
(2)
Written notice of the Village Board's action on the proposed text
or map amendment within 10 days after the action is taken.
F.
If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, that proposed amendment, if approved by the Village Board, may not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department, as required by Subsection E of this section. If, within the thirty-day period, the Department notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under §§ 62.231(6) and 61.351(6), Wis. Stats., is completed or otherwise terminated.
