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 Common Council and the City 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 as specified in § 1-4 of this Code, 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 City, 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:
(1)
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.
(2)
The
word "shall" is mandatory, not permissive.
(3)
All
distances, unless otherwise specified, shall be measured horizontally.
B.
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
REGIONAL FLOOD
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 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 § 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]
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 Common Council.[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 § 280.31(2m), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 62.231, Wis. Stats.,
and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to
farm drainage ditches if:
The point on the bank or shore up to which the presence and
action of surface water are so continuous so 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 City Plan Commission created under § 62.23(1),
Wis. Stats.
A flood determined to be representative or large floods known
to have generally occurred in Wisconsin and which may be expected
to occur or be exceeded on a particular stream because of like physical
characteristics once in every 100 years.
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 as described in § 608-10 of this chapter.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with the restrictions governing area, setbacks, frontage, height or
density unnecessarily burdensome or unreasonable in light of the purpose
of this chapter.
An authorization granted by the Zoning Board of Appeals to
construct, alter or use 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.
