The following maps, including subsequent amendments,
are hereby adopted and made a part of this chapter and are on file
in the office of the City Administrator:
A.
Boundaries. The shoreland-wetland zoning district includes all wetlands in the City of Weyauwega, Wisconsin, 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 in § 515-9 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 Weyauwega 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 in § 515-9 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 in § 515-9. Floodplain zoning maps shall be used to determine the extent of floodplain areas in the City.
B.
Determinations of navigability. Determinations of
navigability and ordinary high-water mark shall initially be made
by the Zoning Administrator. When questions arise, the Zoning Administrator
shall contact the appropriate district office of the Department for
the final determination of navigability or ordinary high-water mark.
C.
Discrepancies. When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official shoreland-wetland zoning maps and the 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 the Department staff concurs 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 or acknowledge exempted wetlands designated in Subsections D and E, the Zoning Administrator shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period.
D.
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.[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.
No wetland alteration. Activities and uses which do
not require the issuance of a zoning permit, provided that no wetland
alteration occurs:
(1)
Hiking, fishing, trapping, hunting, swimming, snowmobiling
and boating;
(2)
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;
(3)
The practice of silviculture, including the planting,
thinning and harvesting of timber;
(4)
The pasturing of livestock;
(5)
The cultivation of agricultural crops; and
(6)
The construction and maintenance of duck blinds.
B.
Wetland alteration restricted. Uses which do not require
the issuance of a zoning permit and which may involve wetland alterations
only to the extent specifically provided below:
(1)
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;
(2)
The cultivation of cranberries, including limited
wetland alterations necessary for the purpose of growing and harvesting
cranberries;
(3)
The maintenance and repair of existing drainage 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;
(4)
The construction and maintenance of fences for the
pasturing of livestock, including limited excavating and filling necessary
for such construction or maintenance;
(5)
The construction and maintenance of piers, decks,
wharfs, and walkways, observation decks and trail bridges built on
pilings, including limited excavating and filling necessary for such
construction or maintenance, with the following conditions:
[Amended 3-16-2020 by Ord. No. 2019-3]
(a)
Not in an environmentally sensitive area delineated by the Department
of Natural Resources;
(b)
The location, design and construction will not interfere with public
rights in the water or with the rights of neighboring riparian proprietors
or occupants;
(c)
The pier shall be set back a minimum of 10 feet from any adjoining
site sideline;
(d)
Constructed so as to allow the free movement of water underneath
all parts of the structure extending beyond the natural shore;
(e)
Constructed in such a manner as will not cause the formation of land
on the lake bed;
(f)
Pier or wharf does not extend beyond the established pierhead line
(55 feet);
(g)
No pier or wharf wider than six feet measured at its point of greatest
width, except a pier may exceed six feet in width for a triangle at
an angle of an L- or T-shaped pier no greater than a total of 10 feet
for both sides and a maximum total pierhead of 200 square feet.
(6)
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 § 515-22C of this chapter; and
(7)
The maintenance, repair, replacement and reconstruction
of existing highways and bridges, including limited excavating and
filling necessary for such maintenance, repair, replacement or reconstruction.
C.
Permit required. Uses which are allowed upon the issuance
of a simple zoning permit and which may include wetland alterations
only to the extent specifically provided below:
(1)
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 in this section, provided that:
(a)
The road cannot, as a practical matter, be located
outside the wetland;
(b)
The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in § 515-22C of this chapter;
(c)
The road is designed and constructed with the
minimum cross-sectional area practical to serve the intended use;
(d)
Road construction activities are carried out
in the immediate area of the roadbed only; and
(e)
Any wetland alteration must be necessary for
the construction or maintenance of the road.
(2)
The construction and maintenance of nonresidential
buildings, provided that:
(a)
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;
(b)
The building cannot, as a practical matter,
be located outside the wetland;
(c)
The building does not exceed 500 square feet
in floor area; and
(d)
Only limited filling and excavating necessary
to provide structural support for the building is allowed.
(3)
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:
(a)
Any private development allowed under this subsection
shall be used exclusively for the permitted purpose;
(b)
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;
(c)
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meet the criteria in Subsection C(1) of this Section; and
(d)
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.
(4)
The construction and maintenance of electric and telephone
transmission lines, gas and water distribution lines, and sewage collection
lines and related facilities and the construction and maintenance
of railroad lines, provided that:
D.
Setbacks. The setback for any structure constructed
in a newly developed area shall be 75 feet from the shoreline/wetland
edge. In areas with existing nonconforming structures, the setback
for any new structure shall be 25 feet or the setback average of existing
principal structures on the two adjacent parcels, whichever is more
restrictive.
E.
Pierhead
line regulated.
[Added 3-16-2020 by Ord. No. 2019-3]
(1)
Policy.
The City of Weyauwega, pursuant to Ch. 30, Wis. Stats., is empowered
to regulate wharfs and piers and to establish a pierhead line. It
is in the interest of the City of Weyauwega to preserve and protect
the property within the City of Weyauwega at the same time as preserving
and protecting public rights in navigable waters, and nonuniformity
with respect to wharfs and piers in Lake Weyauwega can be detrimental
to these interests. It is in the interest of the City of Weyauwega
and the public to establish uniform requirements for the establishment
of piers and wharfs on Lake Weyauwega, Waupaca County, Wisconsin.
To that end, a pierhead line should be established.
(2)
Establishment
of pierhead line. There is established in the City of Weyauwega on
Lake Weyauwega a pierhead line. Such pierhead line is established
at a distance of 55 feet channelward from the ordinary high-water
mark of the shore from which such pier or wharf is constructed. "Ordinary
high-water mark" is defined by § NR 320.03(4), Wis. Adm.
Code. Where the bank or shore, at any particular place, is of such
a character that it is impossible or difficult to ascertain where
the point of ordinary high-water mark is, recourse may be had to other
places on the shore of the lake to determine whether a given stage
of water is above or below the ordinary high-water mark.
The lawful use of a building, structure or property
which existed at the time this chapter, or an applicable 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:
A.
Reconstruction and repair. 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 or of any environmental control facility
related to such a structure in existence on the effective date of
the shoreland-wetland provisions. All other modifications to nonconforming
structures are subject to § 62.23(7)(h), Wis. Stats., which
limits total lifetime structural repairs and alterations to 50% of
current fair market value.
B.
Nonconforming use discontinued. 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.
Nonconforming use without a structure. 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 § 62.231, Wis. Stats., may
be continued although such use does not conform to the provisions
of this chapter. However, such nonconforming use may not be extended.
D.
Boathouses. The maintenance and repair of nonconforming
boathouses which are located below the ordinary high-water mark of
any navigable waters shall comply with the requirements of § 30.121,
Wis. Stats.
E.
Nuisances. Uses which are nuisances under common law
shall not be permitted to continue as nonconforming uses.
