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 this chapter in violation
of the provisions of this chapter by any person, firm, association or corporation
(including building contractors or their agents) shall be deemed a violation.
The Zoning Administrator shall refer violations to the Village Board and the
Village Attorney who shall prosecute such violations. Any person, firm, association
or corporation who or which violates or refuses to comply with any of the
provisions of this chapter shall be subject to a forfeiture of not less than
$15 nor more than $200 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.Â
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.Â
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CLASS 2 PUBLIC NOTICE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms used in this chapter shall have the
following meanings:
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., a structure used
for the storage of watercraft and associated materials which has one or more
walls or sides.[1]
Publication of a public hearing notice under Chapter 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.
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., 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 §§ 62.351
and 62.231, Wis. Stats., and Chapter NR 117, Wis. Adm. Code, do not apply
to lands adjacent to farm drainage ditches if:
The point on the bank or shore up to which the presence and action
of surface water is so continuous as to leave a distinctive mark such as by
erosion, destruction or prevention of terrestrial vegetation, predominance
of aquatic vegetation or other easily recognized characteristic.
The Plan Commission created under § 62.23(1), Wis. Stats.
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 as described in § 248-9 of this chapter.
That circumstance where special conditions, which were not self-created,
affect a particular property and make strict conformity with the restrictions
governing area, setbacks, frontage, height or density unnecessarily burdensome
or unreasonable in light of the purpose of this chapter.
An authorization granted by the Zoning Board of Appeals to construct,
alter or use a building or structure in a manner that deviates from the dimensional
standards of this chapter.
Any filling, flooding, draining, dredging, ditching, tiling, excavating,
temporary water level stabilization measures or dike and dam construction
in a wetland area.
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.