Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY STRUCTURE OR USE
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.
BOATHOUSE
As defined in § 30.01(1d), Wis. Stats., means a
structure used for the storage of watercraft and associated materials
which has one or more walls or sides.
[Amended 4-14-2015 by Ord. No. 233]
CLASS II PUBLIC NOTICE
A publication of a public hearing notice under Ch. 985, Wis.
Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
CONDITIONAL USE
A use which is permitted by this chapter provided that certain
conditions specified in the chapter are met and that a permit is granted
by the Board of Zoning Appeals or, where appropriate, the planning
agency designated by the Common Council.
DEPARTMENT
The Wisconsin Department of Natural Resources.
DEVELOPMENT
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.
DRAINAGE SYSTEM
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
ENVIRONMENTAL CONTROL FACILITY
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 are to be supplemented or replaced by other pollution
control facilities.
FIXED HOUSEBOAT
As defined in § 30.01(1r), Wis. Stats., means 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 spud poles
attached to the bed of the waterway.
NAVIGABLE WATERS
(1)
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 or 62.231,
Wis. Stats., and chapter Wis. Adm. Code Ch. NR 117, do not apply to
lands adjacent to farm drainage ditches if:
(a)
Such lands are not adjacent to a natural navigable stream or
river;
(b)
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching; and
(c)
Such lands are maintained in nonstructural agricultural use.
(2)
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.
ORDINARY HIGH-WATER MARK
The point on the bank or shore up to which the presence and
action of surface water is 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.
PLANNING AGENCY
The Plan Commission created under § 62.23(1), Wis.
Stats., a board of public land commissioners or a committee of the
City's governing body which acts on matters pertaining to planning
and zoning.
SHORELANDS
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.
SHORELAND-WETLAND DISTRICT
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.
UNNECESSARY HARDSHIP
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.
VARIANCE
An authorization granted by the Board of Zoning Appeals to
construct or alter a building or structure in a manner that deviates
from the dimensional standards of this chapter.
WETLANDS
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.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.