This chapter is adopted to maintain safe and healthful conditions, to prevent and control water pollution, to protect fish spawning grounds, fish and aquatic life and wildlife habitation, to preserve shore cover and natural beauty, and to control building and development in wetlands whenever possible. When development is permitted in a wetland, the development should occur in a manner which minimizes adverse impacts upon the wetland.
The following maps are hereby adopted and made a part of this chapter and are on file in the office of the Village Administrator for the Village of Kimberly, Wisconsin:
A. 
The most current Wisconsin Wetland Inventory Maps depicted on the Wisconsin Department of Natural Resources website or Surface Water Data Viewer (http://dnr.wi.gov/wetlands/inventory.html).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Shoreland-Wetland Zoning District includes all wetlands in the Village of Kimberly, 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 § 508-9, 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 Village of Kimberly shall be presumed to be navigable if they are listed in the Department of Natural Resources ("Department") publication "Surface Water Resources of Outagamie County" or 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 § 508-9 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 § 508-9. Flood Hazard Boundary Maps, Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, County Soil Survey Maps or other existing community floodplain zoning maps used to delineate floodplain area which have been adopted by the Village of Kimberly shall be used to determine the extent of floodplain areas in the Village.
B. 
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. 
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 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 shoreland-wetland 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 ditches, where permissible under § 30.20, Wis. Stats., or of other existing drainage systems (such as tiling) to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Ch. 30, Wis. Stats., 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 and 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 the adverse impact upon the natural functions of the shoreland-wetland listed in § 508-22C 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. 
Uses which are allowed upon the issuance of a conditional use 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 § 508-22C 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 and water, gas and sewer distribution lines and related facilities, provided that:
(a) 
The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the wetland;
(b) 
Only limited filling or excavating necessary for such construction or maintenance is allowed; and
(c) 
Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in § 508-22C of this chapter.
(5) 
The construction and maintenance of railroad lines, provided that:
(a) 
The railroad lines cannot, as a practical matter, be located outside the wetland;
(b) 
Only limited wetland alteration necessary for such construction or maintenance is allowed; and
(c) 
Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland as listed in § 508-22C of this chapter.
D. 
Uses which are allowed upon the issuance of a building permit and approval of the Zoning Administrator, and which may not include wetland alterations.
[Added 8-28-2017 by Ord. No. 6-2017]
(1) 
Boathouses. Boathouses are accessory structures and may be located within the shoreland setback area under the following provisions:
(a) 
Shall only be allowed above the high-water mark, cannot extend over the water, and cannot be excavated into the bank to allow for water access to the structure.
(b) 
Shall be set back from the high-water mark at least 20 feet, and seven feet from the side lot line.
(c) 
Only one boathouse structure is allowed per lot, shall not be more than 500 square feet in total horizontal area, shall not exceed 16 feet in height above the high-water mark.
(d) 
Shall be constructed in such a manner as to orient the main opening of the boathouse toward the body of water and shall be used strictly for the storage of boats and water-related recreational accessories. The use of a boathouse for human habitation is prohibited. No plumbing, heating or cooking facilities may be provided in or for a boathouse.
Any use not listed in § 508-11 of this chapter is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with § 508-22 of this chapter.[1]
[1]
Editor’s Note: Former Subsection B, which provided that use of a boathouse for human habitation and placement of a boathouse below the high-water mark of any navigable waters were prohibited, and which immediately followed this section (formerly designated as Subsection A), was repealed 8-28-2017 by Ord. No. 6-2017. See now § 508-11D.
The existing lawful use of a structure, building or property, or its accessory use, which is not in conformity with the provisions of this chapter 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 the appropriate provisions of 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 § 62.231 or 61.351, Wis. Stats., may be continued although such use does not conform with 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.