[HISTORY: Adopted by the Common Council of
the City of Lodi 3-18-2008 by Ord. No. A-395. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 127.
Construction site erosion control — See Ch. 147.
Drainage — See Ch. 162.
Floodplain zoning — See Ch. 184.
Illicit discharge detection and elimination — See Ch. 193.
Sewer use and wastewater disposal — See Ch. 272.
Subdivision of land — Ch. 300.
Wells — See Ch. 332.
Zoning — See Ch. 340.
This chapter is adopted pursuant to the authorization
in §§ 62.23, 62.231, 87.30 and 144.26,[1] Wis. Stats.
[1]
Editor's Note: Section 144.26, Wis. Stats.,
was renumbered as § 281.31 by 1995 Act 227, § 432,
effective 1-1-1997.
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.
A.
This chapter supersedes all the provisions of any
municipal zoning ordinance enacted under §§ 61.35,
62.23 or 87.30, Wis. Stats., which relate to floodplains and shoreland-wetlands,
except that where another municipal zoning ordinance is more restrictive
than 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 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.
A.
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 Lodi City Clerk:
(1)
Wisconsin Wetland Inventory maps stamped "FINAL" on
October 23, 2007.
(2)
Floodplain zoning maps titled and dated February 19,
2004.
(3)
United States Geological Survey maps dated October
11, 2007.
(4)
Zoning maps titled and dated January 2, 1996, and
any subsequent amendments or revisions thereto, as adopted by the
Common Council of the City of Lodi.
B.
District boundaries. The Shoreland-Wetland Zoning
District includes all wetlands in the City of Lodi 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 and which are:
(1)
Within 1,000 feet of the ordinary high-water mark
of navigable lakes, ponds or flowages. Lakes, ponds or flowages in
the City of Lodi 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 and made a part
of this chapter.
(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 and made a part of this chapter. Floodplain zoning maps adopted in § 273-8A shall be used to determine the extent of 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
local office of Wisconsin Department of Natural Resources (WDNR) for
a final determination of navigability or ordinary high-water mark.
D.
When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the Official Zoning Maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate local office of the WDNR to determine if the Shoreland-Wetland District boundary, as mapped, is in error. If WDNR 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 zoning 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 §§ 273-8E and 273-8F, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
E.
Filled wetlands. Wetlands which are filled prior to
the date on which the municipality received final wetland inventory
maps, in a manner which affects their wetland characteristics to the
extent that the area can no longer be defined as wetland, are not
subject to this chapter.
F.
Wetlands landward of a bulkhead line. 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 this chapter.
G.
Permitted uses.
(1)
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)
Activities and uses which do not require the
issuance of a zoning permit, provided that no wetland alteration occurs;
(b)
Hiking, fishing, trapping, hunting, swimming,
snowmobiling and boating;
(c)
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;
(d)
The practice of silviculture, including the
planting, thinning and harvesting of timber;
(e)
The pasturing of livestock;
(f)
The cultivation of agricultural crops; and
(g)
The construction and maintenance of duck blinds.
(2)
Uses which do not require the issuance of a zoning
permit and which may involve wetland alterations only to the extent
specifically provided below:
(a)
The construction and maintenance of fences for
the pasturing of livestock, including limited excavating and filling
necessary for such construction or maintenance;
(b)
The construction and maintenance of piers, docks,
walkways, observation decks and trail bridges built on pilings, including
limited excavating and filling necessary for such. 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;
(c)
The maintenance and repair of existing drainage
systems 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;
(d)
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 adverse impacts upon the natural functions of the shoreland-wetland listed in § 273-13 of this chapter; and
(e)
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 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 municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under § 273-8G of this chapter, 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 § 273-13B 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; and
[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; and
[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, provided that:
[1]
Any private development allowed under this paragraph
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 § 273-8G(3)(a) of this chapter; and
[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, water and gas distribution lines
and sewage collection lines and related facilities and the construction
and maintenance of railroad lines, provided that:
I.
Nonconforming structures and uses.
(1)
The lawful use of a building, structure or property
which existed at the time this chapter, or an amendment to this chapter,
took effect and which is not in conformity with the provisions of
this chapter, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
The shoreland-wetland provisions of this chapter authorized by § 62.231,
Wis. Stats., shall not limit the repair, reconstruction, renovation,
remodeling or expansion of a nonconforming structure in existence
on the effective date of the shoreland-wetland provisions of any environmental
control facility in existence on May 7, 1982, related to such a structure.
[Amended 8-21-2012 by Ord. No. A-435]
(2)
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 this chapter.
(3)
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 or 62.231, Wis. Stats., may be continued although
such use does not conform with the provisions of the ordinance. However,
such nonconforming use may not be extended.
(4)
Uses which are nuisances under common law shall not
be permitted to continue as nonconforming uses.
A.
Zoning Administrator. The Zoning Administrator shall have the authority to administer and enforce this chapter, including but not limited to the duties and powers prescribed in § 340-108 of the City of Lodi Code of Ordinances and this section:
(1)
Advise applicants as to the provisions of this chapter.
(2)
Issue permits and certificates of compliance and inspect
properties for compliance with this chapter.
(3)
Maintain records of all permits issued, inspections
made, work approved and other official actions.
(4)
Submit copies of decisions on variances, conditional
use permits, appeals for a map or text interpretation, and map or
text amendments within 10 days after they are granted or denied, to
the appropriate local office of the WDNR.
(5)
Investigate and report violations of this chapter
to the appropriate City official.
B.
Zoning permit required. Unless another section of
this chapter specifically exempts the proposed development from this
requirement, a zoning permit shall be obtained from the Zoning Administrator
before new development or any change in the use of an existing building
or structure is initiated.
C.
Application. An application for a zoning permit shall
be made to the Zoning Administrator upon forms furnished by the City
of Lodi and shall include the following information:
D.
Site development plan. The site development plan shall
be submitted as a part of the permit application and shall contain
the following information drawn to scale:
(1)
Dimensions and area of the lot;
(2)
Location of any structures with distances measured
from the lot lines and center line of all abutting streets or highways;
(3)
Description of any existing or proposed on-site sewage
systems or private water supply systems;
(4)
Location of the ordinary high-water mark of any abutting
navigable waterways;
(5)
Boundaries of all wetlands;
(6)
Existing and proposed topographic and drainage features
and vegetative cover;
(7)
Location of floodplain and floodway limits on the
property as determined from floodplain zoning maps;
(8)
Location of existing or future access roads; and
(9)
Specifications and dimensions for areas of proposed
wetland alteration.
E.
Expiration. All permits issued under the authority
of this chapter shall expire 12 months from the date of issuance.
A.
Except where no zoning 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 zoning or conditional use permit.
(3)
The certificate of compliance shall be issued within
10 days after notification of the completion of the work specified
in the zoning or conditional use permit, providing the building or
premises and proposed use thereof conform 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 by the Lodi City Council.
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 ordinance adoption, 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 City Council following the procedures contained in §§ 340-52, 340-53 and 340-54 of this Code.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 273-8G(3) of this chapter, the City Council 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 § 273-2. Such conditions may include specifications for, without limitation because of specific enumeration; type of shore cover; erosion controls; increased 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 zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
C.
Fees. Application and permit fees for zoning permits,
certificates of compliance, public hearings, legal notice publications,
conditional use permits, rezoning petitions and other types of administrative
permits and procedures required by this chapter shall be set by the
Common Council by resolution.
D.
Recording. Where a zoning permit or conditional use
permit is approved, an appropriate record shall be made by the Zoning
Administrator of the land use and structures permitted.
E.
Revocation. Where the conditions of a zoning permit
or conditional use permit are violated, the permit shall be revoked
by the Board of Appeals.
A.
The Mayor shall appoint the Board of Appeals as prescribed in § 340-113A of the Code of the City of Lodi.
B.
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)
May authorize upon appeal a variance from the dimensional
standards of this chapter where an applicant convincingly demonstrates
that:
(a)
Literal enforcement of the terms of the ordinance
will result in unnecessary hardship for the applicant;
(b)
The hardship is due to special conditions unique
to the property and is not self-created or based solely on economic
gain or loss;
(c)
Such variance is not contrary to the public
interest as expressed by the purpose of this chapter; and
(d)
Such variance will not grant or increase any
use of property which is prohibited in the zoning district.
(e)
Construction associated with each approved variance shall be
initiated within 365 days of its approval and completed within 730
days following its approval, unless a different period of time is
established by the Board of Zoning Appeals in its approval of the
variance. Failure to initiate and complete construction within this
period shall automatically result in the expiration of the variance.
Prior to such expiration, the applicant may request an extension of
this period. Said request shall require approval by the Board of Zoning
Appeals.
[Added 8-20-2013 by Ord. No. A-458]
C.
Appeals to the Board. Appeals to the Board of Appeals
may be taken by any person aggrieved or by an 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 whose
decision is in question, and with the Board of Appeals, a notice of
appeal specifying the reasons for the appeal. The Zoning Administrator
or other official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
D.
Public hearings.
E.
Decisions.
(1)
The final disposition of an appeal or application
for a conditional use permit or variance before the Board of Appeals
shall be in the form of a written decision, made within a reasonable
time after the public hearing and 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 prosecution;
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 local office of the Department within
10 days of the decision.
A.
The City of Lodi Common Council 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:
(1)
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
municipal planning agency.
(2)
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 after Class II notice 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.
B.
In order to insure that this chapter will remain consistent
with the shoreland protection objectives of § 144.26,[1] Wis. Stats., the municipal governing body 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 wetland functions:
(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 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.
[1]
Editor's Note: See now § 281.31,
Wis. Stats.
C.
Where the district office of the Wisconsin Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in § 273-13 of this chapter, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
D.
The appropriate district office of the Department
shall be provided with:
(1)
A copy of the recommendation and report, if any, of
the municipal planning agency on a proposed text or map amendment,
within 10 days after the submission of those recommendations to the
municipal governing body.
(2)
Written notice of the action on the proposed text
or map amendment within 10 days after the action is taken.
E.
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 § 273-13B, of this chapter, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by § 273-13D of this chapter. If, within the thirty-day period, the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231 (6) or 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, 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.
A.
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; 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.
ACCESSORY USE OR STRUCTURE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DEVELOPMENT REGULATIONS
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
NAVIGABLE WATERS
(1)
(a)
(b)
(c)
(d)
NONCONFORMING STRUCTURE
NONCONFORMING USE
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms used in this chapter mean:
Has the meaning found in § 340-117 of the City of Lodi Code of Ordinances.
A use which is permitted by this chapter, provided that certain
conditions specified in the chapter are met and that a permit is granted
by the Board of Appeals or, where appropriate, the planning agency
designated by the municipal governing body.
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.
The part of a zoning ordinance that applies to setback, height,
lot coverage and side yard.
[Added 8-21-2012 by Ord. No. A-435]
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.
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 § 144.26(2)(d),[1] Wis. Stats., not withstanding any other provision of law
or administrative rule promulgated thereunder, shoreland ordinances
required under § 61.351 or 62.231, Wis. Stats., and Ch.
NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage
ditches if:
Such lands are not adjacent to a natural navigable
stream or river;
Those parts of such drainage ditches adjacent
to such lands were not navigable streams before ditching; and
Such lands are maintained in nonstructural agricultural
use.
Wisconsin's Supreme Court has declared navigable
bodies of water that have a bed differentiated from adjacent uplands
and levels or flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis [Muench
v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and
Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)].
For example, a stream which is navigable by skiff or canoe during
normal spring high water is navigable, in fact, under the laws of
this state though it may be dry during other seasons."
A dwelling or other building that existed lawfully before
the current zoning ordinance was enacted or amended, but that does
not conform to one or more of the development regulations in the current
zoning ordinance.
[Added 8-21-2012 by Ord. No. A-435]
A use of land, a dwelling, or a building that existed lawfully
before the current zoning ordinance was enacted or amended, but that
does not conform with the use restrictions in the current ordinance.
[Added 8-21-2012 by Ord. No. A-435]
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 municipal plan commission created under § 62.23(1),
Wis. Stats., a board of public land commissioners or a committee of
the municipality's governing body which acts on matters pertaining
to planning and zoning.
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.
The same meaning as found in § 340-117 of the City of Lodi Code of Ordinances.
Has the same meaning as found in § 340-117 of the City of Lodi Code of Ordinances.
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.
[1]
Editor's Note: See now § 281.31(2m).