Village of Saukville, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Saukville 12-17-1985 by Ord. No. 389 as Ch. 24 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 1-19.
Board of Zoning Appeals — See Ch. 8, § 8-3.
Building construction — See Ch. 72.
Zoning — See Ch. 205.
A. 
Statutory authorization. This chapter is adopted pursuant to the authorization in §§ 61.35, 61.351, 87.30 and 281.31, Wis. Stats.
B. 
Finding of fact and purpose. 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:
(1) 
Promote the public health, safety, convenience and general welfare.
(2) 
Maintain the storm and floodwater storage capacity of wetlands.
(3) 
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.
(4) 
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat.
(5) 
Prohibit certain uses detrimental to the shoreland-wetland area.
(6) 
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.
C. 
Title. This chapter may be cited as the Shoreland-Wetland Zoning Ordinance for Saukville, Wisconsin.
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. However, see § 162-5 of this chapter for the standards applicable to nonconforming uses. All permitted development shall require the issuance of a land use 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.
C. 
Abrogation and greater restrictions.
(1) 
This chapter supersedes all the provisions of any Village zoning ordinance enacted under §§ 61.35 or 87.30, Wis. Stats., which relate to shoreland-wetlands, except that where another Village 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.
(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.
D. 
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 the Wisconsin Statutes. Where a provision of this chapter is required by a standard in Chapter NR 117, Wis. Adm. Code, and where this chapter provision is unclear, the provision shall be interpreted in light of the Chapter 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.
A. 
For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows:
(1) 
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.
(2) 
The word "shall" is mandatory, not permissive.
(3) 
All distances, unless otherwise specified, shall be measured horizontally.
B. 
The following terms used in this chapter have the meanings indicated:
ACCESSORY STRUCTURE OR USE
A detached subordinate structure or a use which is clearly incidental to and customarily found in connection with the principle structure or use to which it is related and which is located on the same lot as that of the principle structure or use.
BOATHOUSE
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.
DEPARTMENT
The Wisconsin 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 buildings or structures; 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.
ENVIRONMENTAL CONTROL FACILITY
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.
FIXED HOUSEBOAT
As defined in § 30.01(1r), Wis. Stats., a structure not actually used for navigation which extends beyond the ordinary high watermark of a navigable waterway and is retained in place, either by cables to the shoreline or by anchors or spud-poles attached to the bed of the waterway.
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 § 61.351, Wis. Stats., and Chapter NR 117, 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.
(3) 
Such lands are maintained in nonstructural agricultural use.
ORDINARY HIGH WATERMARK
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.
PLANNING AGENCY
The Village Plan Commission created under § 62.23(1), Wis. Stats., a board of public land commissioners or a committee of the Village Board which acts on matters pertaining to planning and zoning.
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 or be exceeded on a particular stream because of like physical characteristics once in every 100 years.
SHORELANDS
Lands within the following distances from the ordinary high watermark 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 in this chapter, comprised of shorelands that are designated as wetlands on the wetland inventory maps which have been adopted and made a part of this chapter described in § 162-4B of this chapter.
SPECIAL EXCEPTION or CONDITIONAL USE
A use which is permitted by this chapter, provided that certain conditions specified in this chapter are met and that a permit is granted by the Board of Appeals or, where appropriate, the planning agency designated by the Village Board.
VARIANCE
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.
WETLANDS
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.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
A. 
Purpose. This chapter is adopted to maintain safe and healthful conditions; prevent and control water pollution; protect fish spawning grounds, fish and aquatic life and wildlife habitat; preserve shore cover and natural beauty; and control building and development in wetlands whenever possible. When development is permitted in a wetland, the development should occur in a manner which minimizes adverse impacts upon the wetland.
B. 
Official Shoreland-Wetland Zoning Maps. The following maps are hereby adopted and made part of this chapter and are on file in the office of the Village Clerk: Wisconsin wetland inventory maps, stamped "Final" on February 4, 1986.
C. 
District boundaries.
(1) 
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 part of this chapter in Subsection B and which are:
(a) 
Within 1,000 feet of the ordinary high watermark 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 Department publication "Surface Water Resources of Ozaukee County" or are shown 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.
(b) 
Within 300 feet of the ordinary high watermark 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. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing community floodplain zoning maps used to delineate floodplain areas which have been adopted by the Village shall be used to determine the extent of floodplain areas in the Village.
(2) 
Determination of navigability and ordinary high watermark 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 watermark.
(3) 
When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the official Shoreland-Wetland 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 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 shown on the official Shoreland-Wetland Zoning Maps, the Zoning Administrator shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period.
D. 
Permitted uses. 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:
(1) 
Activities and uses which do not require the issuance of a land use permit, provided that no wetland alteration occurs:
(a) 
Hiking, fishing, swimming, snowmobiling 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 practice of silviculture, including the planting, thinning and harvesting of timber.
(d) 
Agricultural crops.
(2) 
Uses which do not require the issuance of a land use permit and which may involve wetland alterations only to the extent specifically provided below:
(a) 
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.
(b) 
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries.
(c) 
The maintenance and repair of existing drainage ditches, where permissible under § 30.20, Wis. Stats., or of other existing drainage systems, such as tiling, to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Ch. 30, Wis. Stats., and that dredged spoil is placed on existing spoil banks, where possible.
(d) 
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.
(e) 
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 listed in § 162-14 of this chapter.
(f) 
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
(3) 
Uses which are allowed upon the issuance of a land use/conditional use permit and which may include wetland alterations only to the extent specifically provided below:
(a) 
The construction and maintenance of roads which are necessary for the continuity of the Village street system, the provision of essential utility and emergency services or to provide access to uses permitted under § 162-5, 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 impacts upon the natural functions of the wetland listed in § 162-14 of this chapter.
[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.
[5] 
Any wetland alteration must be necessary for the construction or maintenance of the road.
(b) 
The construction and maintenance of nonresidential buildings, provided that:
[1] 
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.
[2] 
The building cannot, as a practical matter, be located outside the wetland.
[3] 
The building does not exceed 500 square feet in floor area.
[4] 
Only limited filling and excavating necessary to provide structural support for the building is allowed.
(c) 
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:
[1] 
Any private development allowed under this subsection shall be used exclusively for the permitted purpose.
[2] 
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.
[3] 
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 D(3)(a).
[4] 
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(d) 
The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines and related facilities, provided that:
[1] 
The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the wetland.
[2] 
Only limited filling or excavating necessary for such construction or maintenance is allowed.
[3] 
Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in § 162-14C of this chapter.
(e) 
The construction and maintenance of railroad lines, provided that:
[1] 
The railroad lines cannot, as a practical matter, be located outside the wetland.
[2] 
Only limited wetland alteration necessary for such construction or maintenance is allowed.
[3] 
Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland as listed in §162-14C of this chapter.
E. 
Prohibited uses.
(1) 
Any use not listed in Subsection D is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with § 162-14 of this chapter.
(2) 
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high watermark of any navigable waters are prohibited.
The existing lawful use of a structure, building or property or its accessory use, which is not in conformity with the provisions of this chapter, may be continued, subject to the following conditions:
A. 
Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, construction, renovating, remodeling or expansion of a legal nonconforming structure or an environmental control facility related to a legal nonconforming structure in existence at the time of adoption or subsequent amendment of this chapter adopted under § 61.351, Wis. Stats., is permitted under § 61.351(5), Wis. Stats.
B. 
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. 
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 § 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. 
The maintenance and repair of nonconforming boathouses which are located below the ordinary high watermark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.
E. 
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.[1]
[1]
Editor's Note: See Ch. 129, Nuisances.
[Amended 4-17-2001 by Ord. No. 565; 9-3-2013 by Ord. No. 740]
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 between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
E. 
Submit copies of decisions on variances and 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 appropriate Village planning agency and the District Attorney, Corporation Counsel or Village Attorney.
A. 
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a land use permit shall be obtained from the Zoning Administrator before any new development, as defined in § 162-3, or any change in the use of an existing building or structure is initiated.
B. 
Application. An application for a land 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.
(a) 
Name, address and telephone number of applicant, property owner and contractor, where applicable.
(b) 
Legal description of the property and a general description of the proposed use or development.
(c) 
Whether or not a private water supply or sewage system is to be installed.
(2) 
Site development plan. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:
(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 any existing or proposed on-site sewage systems or private water supply systems.
(d) 
Location of the ordinary high watermark of any abutting navigable waterways.
(e) 
Location and landward limit of all wetlands.
(f) 
Existing and proposed topographic and drainage features and vegetative cover.
(g) 
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps used to delineate floodplain areas.
(h) 
Location of existing or future access roads.
(i) 
Specifications and dimensions for areas of proposed wetland alteration.
C. 
Expiration. All permits issued under the authority of this chapter shall expire two years from the date of issuance.
A. 
Except where no land use permit or 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 land use permit.
(3) 
The certificate of compliance shall be issued within 10 days after the completion of the work specified in the land use permit, provided that the building or premises or proposed use thereof conforms 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 therefor by the Village Board.
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 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.
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 Board of Appeals, following procedures in § 162-13 of this chapter for hearing and deciding appeals.
B. 
Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses designated in § 162-4D of this chapter, the Board of Appeals 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 § 162-1. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion potential; increased side yard 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 Board of Appeals may require the applicant to furnish, in addition to the information required for a land use permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
The Village Board may, by resolution, adopt fees for the following:
A. 
Land use permits.
B. 
Certificates of compliance.
C. 
Public hearings.
D. 
Legal notice publications.
E. 
Conditional use permits.
Where a land use permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.
Where the conditions of a land use permit or conditional use permit are violated, the permit shall be revoked by the Board of Appeals.
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 the business of the Board of Appeals as required by § 62.23(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) 
Hear and decide applications for conditional use permits.
(3) 
May authorize upon appeal in specific cases such variance from the terms of this chapter as shall not be contrary to the public interest, where owing to special conditions, a literal enforcement of this chapter will result in unnecessary hardship. In the issuance of a variance, the spirit of this chapter shall be observed and substantial justice done. No variance from the terms of this chapter shall be granted which is contrary to the public interest. A variance may be granted where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. The granting of a variance shall not have the effect of granting or extending any use of property which is prohibited in that zoning district by this chapter.
B. 
Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by any 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 a reasonable time, as provided by the rules of the Board, by filing with the official from whom the appeal is taken and with the Board of Appeals, a notice of appeal specifying reasons therefor. The Zoning Administrator or other official from whom the appeal is taken shall transmit to the Board all the papers constituting the record on which the appeal action was taken.
C. 
Public hearings.
(1) 
Before making a decision on an appeal, 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 appear in person, by agent or by attorney and present testimony.
(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 to the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, signed by the Board Chairperson. 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 persecution 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 from time to time 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., 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 this chapter shall be referred to the Village 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 10 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) 
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 soil erosion.
(5) 
Fish spawning, breeding, nursery or feeding grounds.
(6) 
Wildlife habitat.
(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, 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 Village planning agency 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 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 Village planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C, 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. 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 § 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 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 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 Zoning Administrator shall refer violations to the Village planning agency and the District Attorney, Corporation Counsel or Village Attorney who shall prosecute such violations. Any person who violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture as provided in § 1-19 of this Code. 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, state or any citizen thereof pursuant to § 87.30(2), Wis. Stats.
[Added 8-19-2014 by Ord. No. 749]
A. 
Statutory authorization. This article is adopted pursuant to the authorization in §§ 61.35 and 61.353, Wis. Stats.
B. 
Finding of fact and purpose. Uncontrolled use of shorelands 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:
(1) 
Promote the public health, safety, convenience and general welfare;
(2) 
Limit certain land use activities detrimental to shorelands; and
(3) 
Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.
A. 
Compliance. The use of shorelands within the shoreland area of the Village shall be in full compliance with the terms of this article 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 article.
B. 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies.
C. 
Abrogation and greater restrictions.
(1) 
This article supersedes all the provisions of any other applicable Village ordinance except that where another Village ordinance is more restrictive than the provisions contained in this article, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2) 
This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
D. 
Interpretation. In their interpretation and application, the provisions of this article 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 or Wisconsin Constitution.
The following terms used in this article have the meanings indicated:
PRINCIPAL BUILDING
The main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
SHORELANDS
Has the meaning given in § 59.692(1)(b), Wis. Stats.
SHORELAND SETBACK AREA
Has the meaning given in § 59.692(1)(bn), Wis. Stats.
The Shoreland Zoning District regulations apply only to the following shorelands:
A. 
A shoreland that was annexed by the Village after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under § 59.692, Wis. Stats.; and
B. 
A shoreland that before incorporation by the Village was part of a town that was subject to a county shoreland zoning ordinance under s 59.692, Wis. Stats., if the date of incorporation was after April 30, 1994.
The Shoreland District areas regulated by this article shall include all the lands (referred to herein as shorelands) in the Village of Saukville that are:
A. 
Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages 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, 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, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps 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 Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high water mark.
D. 
Pursuant to § 61.353(7), 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.
The lands within the Shoreland Zoning District are subject to all applicable provisions of the Village Code. Where the provisions of this article are more restrictive than other regulations in the Village Code, the provisions of this article shall apply.
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.
B. 
Accessory structures. Accessory structures meeting all applicable requirements of the underlying zoning district and the Village Code may be permitted.
Pursuant to § 61.353(3), 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.