The following terms or words used in this chapter mean:
ACCESS AND VIEWING CORRIDOR
A strip of vegetated land that allows safe pedestrian access
to the shore extending waterward from the seventy-five-foot shoreland
building setback through the vegetative buffer zone.
[Amended 12-21-2021 by Ord. No. 38-2021]
AFTER-THE-FACT PERMIT
A land use permit that was issued for a development on a date after the development had already commenced, was under construction, or was completed. The fee for an after-the-fact permit is double the standard land use permit fee [see §
338-76A(1)].
[Added 11-12-2019 by Ord.
No. 18-2019]
BOATHOUSE
A permanent structure used for the storage of watercraft
and associated materials and includes all structures which are totally
enclosed, have roofs or walls, or any combination of these structural
parts.
COUNTY ZONING AGENCY
That committee or commission created or designated by the
County Board under § 59.69(2)(a), Wis. Stats, to act in
all matters pertaining to County planning and zoning. In Green Lake
County, this body shall be known as the Land Use Planning and Zoning
Committee.
DEER STAND
Open or enclosed platforms used by hunters. The platforms
are secured to trees (or free standing) in order to elevate the hunter
and give him (or her) a better vantage point.
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; mining, dredging, filling, grading,
paving, excavation, or drilling operations; and the storage, deposition,
or extraction of 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.
EXISTING DEVELOPMENT PATTERN
That principal structures exist within 250 feet of a proposed
principal structure in both directions along the shoreline.
FLOODPLAIN
The land which has been or may be hereafter covered by flood
water during the regional flood. The floodplain includes the floodway
and the flood fringe as those terms are defined in Ch. NR 116, Wis.
Adm. Code.
FOOTPRINT
The land covered by a structure at ground level measured
on a horizontal plane. The footprint of a structure includes the horizontal
plane bounded by the furthest exterior wall. For structures without
walls (decks, stairways, patios, carports) having a single-horizontal
plane, the footprint is bounded by the furthest portion of the structure
projected to natural grade.
[Amended 11-12-2019 by Ord. No. 18-2019]
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Note: For the purposes of replacing or reconstructing a nonconforming
building with walls, the footprint shall not be expanded by enclosing
the area that is located within the horizontal plane from the exterior
wall to the eaves projected to natural grade. This constitutes a lateral
expansion under Ch. NR 115, Wis. Adm. Code, and would need to follow
Ch. NR 115.05(1)(g)5, Wis. Adm. Code.
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GENERALLY ACCEPTED FORESTRY MANAGEMENT PRACTICES
Forestry management practices that promote sound management
of a forest. Generally accepted forestry management practices include
those practices contained in the most recent version of the Department
publication known as Wisconsin Forest Management Guidelines and identified
as PUB FR-226.
HUNTING BLIND
A hunting blind (or hide) is an easily portable, cover device
for hunters, designed to reduce the chance of detection. Not including
deer stands.
IMPERVIOUS SURFACE
An area that releases as runoff all or a majority of the
precipitation that falls on it. "Impervious surface" excludes frozen
soil but includes rooftops, sidewalks, driveways, parking lots, and
streets unless specifically designed, constructed, and maintained
to be pervious. Roadways as defined in § 340.01(54), Wis.
Stats., or sidewalks as defined in § 340.01(58), Wis. Stats.,
are not considered impervious surfaces.
LAND DISTURBING ACTIVITY
Any man-made change of the land surface, the effect of which may alter the currently existing topography, or may expose soil and result in soil erosion from water or wind and the movement of sediments, including but not limited to filling, grading, lagooning, dredging, ditching, and excavating. Agricultural land uses, such as planting, growing, cultivating and harvesting of crops, growing and tending of gardens, and harvesting of trees are not considered land disturbing activity if conducted outside the vegetative buffer zone. This definition applies to those lands outside of the designated Shoreland-Wetland District; see Article
III for permitted uses of those designated lands.
[Added 11-12-2019 by Ord.
No. 18-2019]
LOT
An area of land that is part of a recorded subdivision plat,
certified survey map, or other document using the platting process,
that is identified by an assigned number or letter.
LOT OR PARCEL AREA
The total square footage lying within the peripheral boundaries
of a recorded lot or parcel boundary description, including the land
over which easements have been granted. The area of a lot or parcel
does not include the area of any land below the ordinary high-water
mark of navigable waters.
LOT OR PARCEL OF RECORD
An area of land, the description of which is properly recorded
with the County Register of Deeds, which at the time of its recordation
complied with all applicable laws, ordinances, and regulations. The
act of recording is the time at which a lot or parcel is created.
LOT OR PARCEL, SUBSTANDARD
A legally created lot or parcel that met minimum area and
minimum average width requirements when created, but does not meet
current lot size requirements for a new lot or parcel.
MITIGATION
Balancing measures that are designed, implemented, and function
to restore natural functions and values that are otherwise lost through
development and human activities.
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 § 59.692, Wis. Stats.,
and Ch. NR 115, Wis. Adm. Code, do not apply to lands adjacent to:
(1)
Farm drainage ditches where such lands are not adjacent to a
natural navigable stream or river and such lands were not navigable
streams before ditching; and
(2)
Artificially constructed drainage ditches, ponds, or stormwater
retention basins that are not hydrologically connected to a natural
navigable water body.
ORDINARY HIGH-WATER MARK
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
characteristics.
PARCEL
An area of contiguous land having a boundary description
duly recorded in the Register of Deeds office that identifies the
boundaries of that specific parcel.
PLUMBING
A system of pipes, drains, fittings, valves, valve assemblies,
and devices installed in a building for the distribution of water
for drinking, heating and washing, and the removal of waterborne wastes
and the skilled trade of working with pipes, tubing and plumbing fixtures
in such systems. For the purpose of this chapter, plumbing includes
piping, and associated fixtures that convey gases as well as liquids.
[Added 12-21-2021 by Ord. No. 38-2021]
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 on a particular stream because of like physical characteristics,
once in every 100 years.
REMODEL
The process where an existing structure undergoes structural
reorganization, alteration or renewal without increasing the existing
structure's footprint.
[Added 12-21-2021 by Ord. No. 38-2021]
ROUTINE MAINTENANCE OF VEGETATION
Normally accepted horticultural practices that do not result
in the loss of any layer of existing vegetation and do not require
earth disturbance.
SETBACK
The horizontal distance between a structure and an established
lot line.
[Added 11-12-2019 by Ord.
No. 18-2019]
(2)
SETBACK, SIDEThe open land area between the adjacent side lot line and the nearest point of the structure and extending from the street yard to the rear or shore yard.
(3)
SETBACK, STREETThe open land area across the full width of the property between the street lot line and the nearest point of the structure.
SHORELAND
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.
SHORELAND AREA/SHORELAND SETBACK
Also known as the "shoreland setback area" in § 59.692(1)(bn),
Wis. Stats., means an area in a shoreland that is within a certain
distance of the ordinary high-water mark in which the construction
or placement of structures has been limited or prohibited under an
ordinance enacted under § 59.692, Wis. Stats.
[Amended 11-12-2019 by Ord. No. 18-2019]
SHORELAND-WETLAND DISTRICT
A zoning district, created as a part of a County zoning ordinance,
comprised of shorelands that are designated as wetlands on the Wisconsin
wetland inventory maps prepared by the Department.
SPECIAL EXCEPTION (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 Adjustment or, where appropriate, the Land
Use Planning and Zoning Committee or County Board.
STRUCTURE
A principal structure or any accessory structure including
a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining
wall, porch, or fire pit.
STRUCTURE, ACCESSORY
A subordinate structure on the same property as the principal
structure which is devoted to a use incidental to the principal use
of the property. Accessory structures include, but are not limited
to, detached garages, sheds, barns, gazebos, patios, decks, swimming
pools, hot tubs, fences, retaining walls, driveways, parking lots,
sidewalks, detached stairways, and lifts.
UNNECESSARY HARDSHIP
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
VARIANCE
An authorization granted by the Board of Adjustment to construct,
alter, or use a building, structure, or land in a manner that deviates
from the standards of this chapter.
[Amended 11-12-2019 by Ord. No. 18-2019]
VEGETATED BUFFER ZONE, SHORELAND
That nearshore area that extends 35 feet landward from the OHWM of navigable waters. This area contains a diverse mixture of native species that may include grasses, grass-like species, forbs, shrubs, and trees. It is either natural or is constructed in accordance with §
338-60D, and functions to attenuate, absorb and filter stormwater runoff prior to being introduced into navigable waters.
[Added 11-12-2019 by Ord.
No. 18-2019]
WETLANDS
Those areas where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which have soils indicative of wet conditions.