[Amended 6-9-2014 by Ord.
No. 617]
A.
Statutory authorization. This chapter is adopted pursuant to the
authorization in §§ 61.35, 61.351, 61.353, 62.23 and
281.31, Wis. Stats.
B.
Findings of fact and purpose. Uncontrolled use of
the shoreland-wetlands and 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)
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.
[Amended 1-23-2006 by Ord. No. 489; 6-9-2014 by Ord. No. 617]
A.
Compliance. The use of wetlands and shorelands, 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. The provisions of this chapter are in addition to, and not instead of, the underlying zoning for the land and the Floodplain Zoning in Chapter 256. (See § 255-8 of this chapter for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning 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 Department of Transportation
may be exempt pursuant to § 30.2022, Wis. Stats.
C.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any Village zoning
ordinance enacted under §§ 61.35, 62.23 or 87.30, Wis.
Stats., which relate to shorelands in the Shoreland District and shoreland-wetlands,
except that where another Village ordinance is more restrictive, 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, 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 shoreland-wetland provision of this chapter is required
by a standard in Wis. Admin. Code Ch. NR 117, and where the provision
is unclear, the provision shall be interpreted in light of the Wis.
Admin. Code Ch. NR 117 standards in effect on the date of the adoption
of or most recent text amendment to this chapter.
E.
Severability. Should any portion of this chapter be declared invalid
or unconstitutional by a court of competent jurisdiction, the remainder
of this chapter shall not be affected thereby.
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; and 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 STRUCTURE OR USE
BOATHOUSE
CLASS 2 PUBLIC NOTICE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
(1)
(2)
ORDINARY HIGH WATERMARK
PLAN COMMISSION
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms used in this chapter have the
following meanings:
A detached subordinate structure or a use which is clearly
incidental to and customarily found in connection with the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
As defined in Wis. Stat. § 30.01(1d); a structure
used for the storage of watercraft and associated materials, which
has one or more walls or sides.
Publication of a public hearing notice under Wis. Stat. ch.
985, in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
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 Plan Commission
designated by the Village Board.
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 Wis. Stat. § 30.01(1r); 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 spudpoles 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 Wis. Stat. § 281.31, notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under Wis. Stat. § 61.351
or 62.231 and Wis. Admin. Code ch. NR 117 do not apply to lands adjacent
to farm drainage ditches if:
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.
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.
The Village Plan Commission created under Wis. Stat. § 62.23(1);
a commission of the Village Board which acts on matters pertaining
to planning and zoning.
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.
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.
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.
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.
[Amended 1-23-2006 by Ord. No. 489; 6-9-2014 by Ord. No. 617]
The following maps are hereby adopted and made part of this
chapter and are on file in the office of the Village Clerk:
A.
Wisconsin Wetland maps shown on the Wisconsin Department of Natural
Resources (DNR) Surface Water Data Viewer at http://dnr.wi.gov/topic/surfacewater/swdv/
(as may be amended from time to time) in effect on the date of the
application for a permit under this Chapter.
B.
United States Geological Survey (USGS) 7.5-minute quadrangle maps
that cover the Village of Waterford.