[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.]
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:
B.
ACCESSORY STRUCTURE OR USE
BOATHOUSE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
ORDINARY HIGH WATERMARK
PLANNING AGENCY
REGIONAL FLOOD
SHORELANDS
SHORELAND-WETLAND DISTRICT
SPECIAL EXCEPTION or CONDITIONAL USE
VARIANCE
WETLANDS
WETLAND ALTERATION
The following terms used in this chapter have the
meanings indicated:
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.
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.
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 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.
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:
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 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.
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.
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.
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.
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.
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.
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:
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.
[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.
(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:
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:
The main building or structure on a single lot or parcel
of land and includes any attached garage or attached porch.
Has the meaning given in § 59.692(1)(b), Wis. Stats.
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.
