[HISTORY: Adopted by the Village Board of
the Village of Siren 6-9-1988. Amendments noted where applicable.]
This chapter is adopted pursuant to the authorization
in §§ 61.35, 61.351, 87.30 and 281.31, 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.
The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see § 575-11 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.
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 Wisconsin Department of Transportation are exempt when § 30.2022,
Wis. Stats., applies.
A.
This chapter supersedes all the provisions of any
municipal zoning ordinance enacted under § 61.35 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 municipality 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 Ch. NR 117, Wis. Adm. Code, and where the provision
in this chapter is unclear, the provision shall be interpreted in
light of the Ch. NR 117 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 following maps are hereby adopted and made
part of this chapter and are on file in the office of the Municipal
Clerk-Treasurer: Wisconsin wetland inventory maps stamped "Final"
on July 15, 1987.
A.
The Shoreland-Wetland Zoning District includes all
wetlands in the municipality 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 municipality 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 Chapter 547, Floodplain Zoning, of this Code shall be used to determine the extent of floodplain areas.[1]
B.
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
district office of the Department for a final determination of navigability
or ordinary high-water mark.
C.
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 district office of the Department to
determine if the shoreland-wetland district boundary, as mapped, is
in error. If Department 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
shown on the Official Shoreland-Wetland Zoning Maps, the Zoning Administrator
shall be responsible for initiating a map amendment within a reasonable
period.
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:
(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.
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 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;
(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, docks,
walkways, observation decks and trail bridges built on pilings, including
limited excavating and filling necessary for such construction or
maintenance;
(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 adverse impacts upon the natural functions of the shoreland-wetland listed in § 575-18C 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.
Uses which are allowed upon the issuance of a zoning
permit and which may include wetland alterations only to the extent
specifically provided below:[1]
(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 under § 575-9 of this chapter, provided that:
(a)
The road cannot, as a practical matter, be located
outside the wetland;
(b)
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 575-18C 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 are 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 are 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, water and gas distribution lines and sewage collection
lines and related facilities and the construction and maintenance
of railroad lines, provided that:
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.
The shoreland-wetland provisions of this chapter authorized
by § 61.351, 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.
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.
C.
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, 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.
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.
Uses which are nuisances under common law shall not
be permitted to continue as nonconforming uses.
The Zoning Administrator shall have the following
duties and powers. The Zoning Administrator shall:
A.
Advise applicants as to the provisions of this chapter
and assist them in preparing permit applications and appeal forms.
B.
Issue permits and certificates of compliance and inspect
properties for compliance with this chapter.
C.
Keep records of all permits issued, inspections made,
work approved and other official actions.
D.
Have access to any structure or premises between the
hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these
duties.
E.
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 district office of the Department.
F.
Investigate and report violations of this chapter
to the appropriate municipal planning agency and the District Attorney
or Municipal Attorney.
A.
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in § 575-20B of this chapter, or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a zoning permit shall
be made to the Zoning Administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these
regulations, the following information:
(1)
General information.
(2)
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:
(a)
Dimensions and area of the lot;
(b)
Location of any structures with distances measured
from the lot lines and center line of all abutting streets or highways;
(c)
Description of any existing or proposed on-site
sewage systems or private water supply systems;
(d)
Location of the ordinary high-water mark of
any abutting navigable waterways;
(e)
Boundaries of all wetlands;
(f)
Existing and proposed topographic and drainage
features and vegetative cover;
(g)
Location of floodplain and floodway limits on
the property as determined from floodplain zoning maps;
(h)
Location of existing or future access roads;
and
(i)
Specifications and dimensions for areas of proposed
wetland alteration.
C.
Expiration. All permits issued under the authority
of this chapter shall expire 12 months from the date of issuance.
The Village Board may, by resolution, adopt
fees for the following:
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.
Where the conditions of a zoning permit or conditional
use permit are violated, the permit shall be revoked by the Zoning
Board of Appeals.
The Zoning Board of Appeals established pursuant to § 19-2 of the Village Code will act as the Zoning Board of Appeals for this chapter.
A.
Powers and duties. The Zoning 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)
Shall hear and decide applications for conditional
use permits.
(3)
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 this chapter
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.
B.
Appeals to the Board. Appeals to the Zoning 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 Zoning
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.
C.
Public hearings.
(1)
Before making a decision on an appeal or application,
the Zoning Board of Appeals shall, within a reasonable period of time,
hold a public hearing. The Board shall give public notice of the hearing
by publishing a Class 2 notice under Ch. 985, Wis. Stats., specifying
the date, time and place of the hearing and the matters to come before
the Board. At the public hearing, any party may present testimony
in person, by agent or by attorney.
(2)
A copy of such notice shall be mailed to the parties
in interest and the appropriate district office of the Department
at least 10 days prior to all public hearings on issues involving
shoreland-wetland zoning.
D.
Decisions.
(1)
The final disposition of an appeal or application
for a conditional use permit before the Zoning 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 Chair. 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 district office of the Department
within 10 days after the decision is issued.
The Village Board 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:
A.
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.
B.
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 2 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.
C.
In order to ensure that this chapter will remain consistent
with the shoreland protection objectives of § 281.31, Wis.
Stats., the Village Board 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.
D.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection C, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
E.
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
Village Board.
(2)
Written notice of the action on the proposed text
or map amendment within 10 days after the action is taken.
F.
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 Subsection C, that proposed amendment, if approved by the Village Board, 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 Subsection E(2). 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 § 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 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, or corporation (including building
contractors or their agents) shall be deemed a violation. The Zoning
Administrator shall refer violations to the municipal planning agency
and the District Attorney or Municipal Attorney who shall prosecute
such violations. Any person, firm, association, or corporation who
or which violates or refuses to comply with any of the provisions
of this chapter shall be subject to a forfeiture of not less than
$100 nor more than $500 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, 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-WATER MARK
PLANNING AGENCY
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms used in this chapter shall have
the meanings indicated:
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the principle
structure or use to which it is related and which is located on the
same lot as that of the principle structure or use.
As defined in § 30.01(1d), Wis. Stats., a structure
used for the storage of watercraft and associated materials which
has one or more walls or sides[1].
Publication of a public hearing notice under Ch. 985, Wis.
Stats., in a newspaper of circulation in the affected area. Publication
is required in 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 Zoning Board of Appeals or, where appropriate, the
planning agency designated by the Village Board.[2]
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 is to be supplemented or replaced by other pollution
control facilities.
As defined in § 30.01(1r), Wis. Stats., a structure
not actually used for navigation which extends beyond the ordinary
high-water mark 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 § 281.31(2)(d), Wis. Stats.,
notwithstanding any other provision of law or administrative rule
promulgated thereunder, shoreland ordinances required under § 61.351,
Wis. Stats., and Ch. NR 117, Wis. Adm. Code, 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 are 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.[3]
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.
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 Zoning 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.
