This chapter is adopted pursuant to the authorization
in §§ 62.23, 62.231, 87.30 and 144.26, Wis. Stats.
Uncontrolled use of the shoreland-wetlands and
pollution of the navigable waters of the municipality 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.
Use of wetlands and the alteration of wetlands
within the shoreland area of the City of Lodi shall be in full compliance
with the terms of this chapter and other applicable local, state or
federal regulations. All permitted development shall require the issuance
of a zoning permit unless otherwise expressly excluded by a provision
of this chapter. Property owners, builders and contractors are responsible
for compliance with the terms of this chapter.
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.
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 City of Lodi 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 115, Wis. Adm. Code, and where the ordinance
provision is unclear, the provision shall be interpreted in light
of the Chapter NR 115 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.
The county shoreland zoning provisions in effect
on the date of annexation remain in effect administered by the municipality
for all areas annexed by the municipality after May 7, 1982, unless
any of the changes as allowed by § 59.692(7)(a)(1) to (3),
Wis. Stats, occurs. These annexed lands are described on the municipality's
Official Zoning Map. The county shoreland zoning provisions are incorporated
by reference for the purpose of administering this section and are
on file in the office of the Municipal Zoning Administrator.
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, and other duly authorized employees of the City of Lodi, shall be permitted access to any structure or premises for the purpose of performing inspection, measurement, and assessing compliance with this chapter. The Zoning Administrator shall refer violations to the municipal planning agency and the District Attorney, Corporation Counsel or City Attorney, who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture in Chapter
1, §
1-3, of this Code 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 municipality, the state, or any citizen thereof pursuant to § 87.30(2), Wis. Stats.