The following maps are hereby adopted and made a part of this
chapter and are on file in the office of the City Clerk-Treasurer:
B.
Zoning maps titled "City of New Lisbon Zoning Map," as amended.
A.
Boundaries. The shoreland-wetland zoning district includes all wetlands in the City of New Lisbon, 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 § 510-9 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 New Lisbon 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 § 510-9 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 § 510-9. 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 proposed projects are clearly within boundaries defined in Subsection A(1) and (2). When proposed projects are sufficiently close to waterways, wetlands, or district boundaries as to warrant a more precise boundary, the Zoning Administrator shall contact the appropriate district office of the Department for the final determination of navigability or ordinary high-water mark.[1]
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 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 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.[2]
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]
(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
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, 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 § 510-21C 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 § 510-21C 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, gas and water 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.
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 or 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.
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.
