Village of Bellevue, WI Shorelands and Wetlands

At the time of incorporation, February 14, 2003, Village of Bellevue Shoreland and Wetland areas were governed by Brown County Zoning Chapter 22, Shorelands and Wetlands Ordinance pursuant to §§ 59.69, 59.692, 59.694 and 281.31, Wis. Stats., and Ch. NR 115, Wis. Admin. Code.

(2)

This part for shoreland and wetland protection is adopted pursuant to the authorization in §§ 59.692(7)(ad)1, 62.231, 61.351, and 281.31, Wis. Stats., Chs. NR 115 and NR 117, Wis. Admin. Code. These rules and laws shall apply until amended and then shall apply as amended.

Finding of fact. Uncontrolled use of the shorelands and pollution of the navigable waters of the Village of Bellevue (Village) would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The legislature of Wisconsin has delegated responsibility to the Villages to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and to preserve shore cover and natural beauty. This responsibility is hereby recognized by the Village of Bellevue, Brown County, Wisconsin.

Purpose. For the purpose of promoting the public health, safety, convenience and welfare, this part has been established to:

(1)

Further the maintenance of safe and healthful conditions and prevent and control water pollution through:

(a)

Limiting structures to those areas where soil and geological conditions will provide a safe foundation.

(b)

Establishing minimum lot sizes to provide adequate area for private sewage disposal facilities.

(c)

Controlling filling and grading to prevent serious soil erosion problems.

(2)

Protect spawning grounds, fish and aquatic life through:

(a)

Preserving wetlands and other fish and aquatic habitat.

(b)

Regulating pollution sources.

(c)

Controlling shoreline alterations, dredging and lagooning.

(3)

Control building sites, placement of structures and land uses through:

(a)

Separating conflicting land uses.

(b)

Prohibiting certain uses detrimental to the shoreland area.

(c)

Setting minimum lot sizes and widths.

(d)

Regulating side yards and building setbacks from waterways.

(4)

Preserve shore cover and natural beauty through:

(a)

Restricting the removal of natural shoreland cover.

(b)

Preventing shoreline encroachment by structures.

(c)

Controlling shoreland excavation and other earth moving activities.

(d)

Regulating the use and placement of boathouses and other structures.

Title: Part 500-2200, Shorelands and Wetlands Ordinance for the Village of Bellevue, Brown County, Wisconsin.

§ 500-2202 General provisions.

Areas to be regulated. Areas regulated by this part shall include all the lands (referred to herein as shoreland) as follows:

(1)

Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication "Surface Water Resources of Brown County" or are shown on United States Geological Survey quadrangle maps or other zoning base maps.

(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 continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, soil survey maps or other existing Village floodplain Zoning Maps shall be used to delineate floodplain areas.

(3)

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 office of the Department for a final determination of navigability or ordinary high-water mark.

(4)

Under § 281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, this shorelands and wetlands zoning part does 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.

Shoreland Zoning Maps. The maps designated below are hereby adopted and made part of this chapter. They are on file in the office of the Zoning Administrator for Brown County.

(1)

United States Geological Survey Quadrangle Maps for Brown County (most recent).

(2)

The most current Wisconsin Wetland Inventory map as depicted on the Wisconsin Department of Natural Resources Surface Water Data Viewer located on the WDNR website.

(3)

Floodplain Zoning Maps as indicated in Part 500-2100, Floodplain Regulations. These Floodplain Zoning Maps are available in the offices of the Zoning Administrator at both the County and Village.

Compliance. The use of any land or water, the size, shape and placement of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste disposal facilities, the filling, grading, lagooning, dredging of any lands, the cutting of shoreland vegetation, and the subdivision of lots, shall be in full compliance with the terms of this part and other applicable Village, county, state, or federal regulations. (However, see § 500-2208A for standards applicable to nonconforming uses.) Buildings, signs and other structures shall require a permit unless otherwise expressly excluded by a provision of this part. Property owners, builders and contractors are responsible for compliance with the terms of this part.

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this part and obtain all necessary permits. State agencies are required to comply when § 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(1), Wis. Stats., applies.

Abrogation and greater restrictions. The provisions of this part supersede all the provisions of any Village zoning ordinance which relate to shoreland and wetland. However, where a Village ordinance is more restrictive than this part, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(1)

This part is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this part imposes greater restrictions, the provisions of this part shall prevail.

(2)

The provisions of Part 500-2100, Floodplain Regulations, are hereby incorporated by reference; these provisions shall only apply to the shoreland area where they impose greater restrictions than this part otherwise imposes.

Interpretation. In their interpretation and application, the provisions of this part shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other powers granted by Wisconsin Statutes. Where a provision of this chapter is required by a standard in Ch. NR 115 and NR 117, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Ch. NR 115 and NR 117 standards in effect on the date of the adoption of this part or in effect on the date of the most recent text amendment to this part.

Severability. If any portion of this part is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this part shall not be affected.

§ 500-2203 Land division.

This section shall function together with Village Zoning and Municipal Codes and Ordinances pertaining to lot area, minimum dimension, and minimum average width established by the zoning district of said lot. Where a conflict exists, the stricter of the conflicting regulations shall prevail.

Review. Pursuant to § 236.45, Wis. Stats., the county, subject to municipal contract, and Village shall review all land divisions in shoreland areas. Such review shall include compliance with all Village Zoning Ordinance, Municipal Code Chapter 410 Subdivisions, and subject to municipal contract Brown County subdivision regulations. In addition to the standards contained in the aforementioned regulations such review shall include consideration of the following factors:

(1)

Hazards to the health, safety or welfare of future residents.

(2)

Proper relationship to adjoining areas.

(3)

Public access to navigable waters, as required by law.

(4)

Adequate storm drainage facilities.

(5)

Conformity to state law and administrative code provisions.

Dimensions of building sites.

(1)

Lots not served by public sanitary sewer.

(a)

Minimum area and width for each main building: The minimum lot area shall be 40,000 square feet and the minimum average lot width shall be 100 feet with at least 100 feet of frontage at the ordinary high-water mark.

(b)

When all statutory requirements are met and a variance is granted for smaller lots, or pursuant to Village Zoning Ordinance Part 500-1500 when smaller lots are permitted by adoption of a Planned Unit Development Zoning District, or for interior condominiums a minimum common area of 100 feet in depth must be maintained from the ordinary high-water mark to any substandard lot defined as a lot not served by public sanitary sewer with less than 100 feet average width or less than of 20,000 square feet in area.

(2)

Lots served by public sanitary sewer.

(a)

Minimum area and width for each main building lot shall be 10,000 square feet and the minimum average lot width shall be 65 feet with at least 65 feet of frontage at the ordinary high-water mark.

(b)

The minimum Village Zoning Ordinance lot area and width, the smallest of which is in R-1 Single-Family Residential Zoning District which requires a minimum of 11,000 square feet and minimum lot width of 80 feet at the front building setback line, shall be determined by specific Village Zoning District requirements for said lot.

(c)

When all statutory requirements are met and a variance is granted for smaller lots, or pursuant to Village Zoning Ordinance Part 500-1400 when smaller lots are permitted by adoption of a Planned Unit Development Zoning District, or for interior condominiums a minimum common area of 100 feet in depth must be maintained from the ordinary high-water mark to any substandard lot defined as a lot served by public sanitary sewer with less than 65 feet average width or less than 10,000 square feet in area.

Substandard lots. Substandard lots shall not be permitted as building sites unless the lot was legally created adhering to one of the following:

(1)

At the time the lot was established, the lot was legally zoned by the Village to allow for specific residential use and conformed to the minimum lot size regulations of that zoning district.

(2)

When all statutory requirements have been met and a variance has been granted allowing for primary and accessory structures to be constructed on a substandard lot.

(a)

If the lot is not served by public sanitary sewer the lot shall not be reduced beyond the minimum allowed by the Brown County Private Sewage System Ordinance (Chapter 11) adopted by reference herein.

(3)

Smaller lots may be considered through the review and approval of a Planned Development District. In such instances, the lots shall not be so small as to cause pollution or erosion along streets or other public ways and waterways, or so small as to substantially depreciate the property values in the immediate neighborhood. Shore cover provisions contained in § 500-2205 herein shall be considered.

(a)

If the lot(s) is/are not served by public sanitary sewer the lot(s) shall not be reduced beyond the minimum allowed by the Brown County Private Sewage System Ordinance (Chapter 11) adopted by reference herein.

(4)

The lot was on record in the county register of deeds office prior to March 19, 1969.

§ 500-2204 Setbacks from water.

Lots that abut navigable water. All buildings and structures, which also include decks, patios, fences, gazebos and screen houses shall be set back at least 75 feet from the ordinary high-water mark of navigable water (See § 500-2204E, Shoreland permit-special). Boathouses, boat hoists, piers, stairways, and landings are exempt from this setback provided that stairways and landings are essential for access to the water.

(1)

Standards for access: A stairway, walkway or lift is permitted in the shoreland setback area only when it is essential to provide pedestrian access to the pier because of steep slopes, rocky or wet, unstable soils, and when the following conditions are met:

(a)

There are no other locations or facilities on the property which allow adequate access to a pier. Only one stairway or one lift is allowed, not both, except where there is an existing stairway and the lift will be mounted to or is immediately adjacent to the existing stairway.

(b)

Such structures shall be placed on the most visually inconspicuous route to the shoreline and shall avoid environmentally sensitive areas.

(c)

They must be constructed in a way that minimizes soil and vegetative disturbance.

(d)

Vegetation which stabilizes slopes or screens structural development from view shall not be removed.

(e)

Structures shall be colored and screened by vegetation so as to be inconspicuous when viewed against the shoreline.

(f)

Canopies, roofs and sides are prohibited. Open railings may be provided where required for safety.

(g)

A maximum width of four feet (outside dimension) is allowed for stairways, walkways and lifts.

(h)

Landings are allowed when required for safety purposes and shall not exceed 40 square feet. Attached benches, seats, tables, etc., are prohibited.

(i)

Stairways, walkways and lifts shall be supported on piles or footings. Any filling, grading or excavating that is proposed must comply with the requirements of this chapter (see § 500-2206A and B.).

(2)

Zoning staff or local Department representative shall determine the ordinary high-water mark where not established.

Reduced building setbacks. A setback less than the normal seventy-five-foot setback required may be permitted for a principal building by the Zoning Administrator where there is at least one principal building within 300 feet on either side of the subject lot that is built less than the required setback. In such case, the setback shall be the average of the setbacks of the nearest principal building on each side of the proposed site or, if there is an existing principal building on only one side, the setback shall be the average of the existing building's setback and the required setback. No structure shall be permitted closer than 40 feet to the ordinary high-water mark using setback average unless a variance is obtained from the Board of Appeals pursuant to § 500-2209G of this part.

Critical slope setback. All residential, commercial or industrial structures shall be set back a minimum of 20 feet from the top ridgeline of a twenty-percent or greater slope measured to the foundation. Elevation change will be analyzed to determine how steep or significant the slope is to decide the applicability of this section. Decks, patios, stairways, fences, gazebos, screen houses, pools, boathouses and storage sheds can be located within the twenty-foot setback but must not exceed a building footprint of 500 square feet. If a geotechnical study is completed for the proposed area, a shoreland permit may be issued for a structure within the twenty-foot setback subject to being constructed in compliance with the recommendations of the study. A certificate of compliance will need to be completed by the responsible architect or engineer after construction and prior to occupancy. This certificate must be returned to the Zoning Office within 60 days of completion of the project.

(1)

Special exceptions. A special exception permit shall be required for the following:

(a)

For any proposed encroachment into the critical slope setback not identified in § 500-2204C.

Boathouses.

(1)

Boathouses shall be designed and constructed solely for the storage of boats and related equipment and shall not be used for human habitation.

(2)

Boathouses shall be set back a minimum five feet from the ordinary high-water mark.

(3)

Only one boathouse is permitted on a lot.

(4)

All boathouse construction or repair shall be constructed utilizing accepted soil and water conservation practices and any erosion control.

(5)

No decks or platforms are permitted on the boathouse.

(6)

Boathouses shall have at least a 6/12 pitch.

(7)

Boathouses shall not exceed the lesser in area of 500 square feet, or 30% of the required rear yard.

Shoreland permit - special. A special shoreland permit can be issued for a structure within the shoreland setback area if all of the following conditions are met:

(1)

The part of the structure that is nearest the water is located at least 35 feet landward from the ordinary high-water mark.

(2)

The total floor area of all the structures existing and proposed in or extending into the shoreland setback area of the property shall not exceed 200 square feet. In calculating this square footage, boathouses, boat hoists, piers, wharves, stair and landing shall be excluded.

(3)

The structure that is the subject of the request for a special shoreland permit has no sides or has open or screened sides, and has a maximum height from the lowest grade to the highest point of any structure of 15 feet. Any permitted roof shall not be designed or used as a deck, observation platform, or for other similar uses. The color of the structure or the use of the structure must not be prohibited by other zoning regulations or deed restrictions (e.g., floodplain regulations). Retaining walls are not included in this classification since they have solid, not open, sides.

(4)

The owner(s) or their agent must submit a plan that will be implemented by the owner of the property to establish, preserve, enhance and/or restore a vegetative buffer zone that covers 70% of the half of the shoreland setback area that is nearest the water. The plan must be approved by the Brown County Zoning Administrator with concurrence by the Village Zoning Administrator.

(a)

The shoreland setback for the purpose of this section shall be 75 feet or a lesser setback that has been approved by setback averaging, variance, or is a preexisting non-conforming setback.

(b)

For the plan to be approved, it must be binding on the owner, his/her heirs, successors, and assignees, and must authorize entrance onto the property by zoning staff for inspections to assure compliance with the plan. The agreement shall be written and recordable on forms provided by the Brown County Zoning Administrator and recorded with the Register of Deeds. This also applies to preservation of an existing natural vegetative buffer zone.

(c)

Failure to comply with the approved plan and/or subsequent removal of vegetation from the vegetative buffer zone will cause the Brown County Zoning Administrator to revoke the special shoreland permit and order the removal of any structure(s) authorized by a special shoreland permit.

(d)

To be considered for approval, a plan to establish, preserve, enhance and/or restore a vegetative buffer zone shall, at minimum, contain:

[1]

A description of how the landowner intends to carry out the project, including methods, materials and equipment to be used;

[2]

A proposed schedule and sequence of work activities;

[3]

The names, descriptions and densities of native species to be utilized in the restoration work, including ground cover, shrubs and tree layers;

[4]

A description of the site before the project begins and a description of the proposed site once the buffer is completed; and

[5]

The erosion control measures that will be used during construction of the permitted structure and vegetative buffer zone to control sediment, runoff and protect water quality.

(e)

To be considered for approval, a plan to establish, preserve, enhance, and/or restore an existing native vegetative buffer zone shall, at a minimum, contain:

[1]

A description of how the owner intends to maintain the buffer including "mowing" plans;

[2]

Supplemental plantings of native species;

[3]

Removal of non-native species (e.g., purple loosestrife); and

[4]

The erosion control measures that will be used during construction of the permitted structure and any disturbance in the vegetative buffer zone due to planting or removal of non-natives to control sediment, runoff and protect water quality.

(f)

The plan must be implemented and the vegetative buffer zone planted. Vegetation must be in a viable, growing condition for at least one growing season before a special shoreland permit to build a structure is granted or approval must be obtained from the Brown County Zoning Administrator based on a field assessment of the property and with concurrence by the Village Zoning Administrator.

(g)

A shoreland grading permit may be required to implement a vegetative buffer zone plan.

(h)

Removal of the shore yard structure will not relinquish the recorded agreement or permit the removal, destruction, degradation and/or reduction in size of the shoreland vegetative buffer.

Shoreland - agricultural. The following uses shall be permitted within the Shoreland District or as defined by the Brown County Land and Water Conservation Department on their most current hazard maps to the extent that they are not prohibited in a particular area by any underlying zoning ordinance. The hazard maps can be found at the Brown County Land Conservation Department or on their website: http://www.co.brown.wi.us/Land_Conservation/HazMaps/index.html

(1)

Agricultural uses are permitted providing they comply with the provisions of the ordinance.

(a)

A minimum of 35 feet of land free of row crops and seeded to grass, alfalfa, or other close-growing crop shall be maintained between the farmed area and the edge of the navigable stream; navigable stream crossings shall be permitted for livestock and shall be of a design deemed appropriate by the County Land and Water Conservation Department. A farmer may be exempt from this section if soil and water conservation practices are deemed sufficient and no pollution is occurring in the opinion of the County Land and Water Conservation Department.

(b)

If there is a pollution problem resulting from the grazing or pasturing of livestock, the farmer/operator will be required to erect a fence no closer than 16 1/2 feet of the edge of the navigable stream or otherwise abate the pollution in such a manner as may be determined by the County Land Conservation Department. If a fence has to be erected, provision will be allowed for watering livestock in the navigable stream.

§ 500-2205 Removal of shore cover.

Purpose. The purpose of tree and shrubbery cutting regulations applicable to the shoreland area is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreland. The provisions shall not apply to the removal of dead, diseased or dying trees or shrubbery at the discretion of the landowner, or to silvicultural thinning upon recommendation of a Department forester.

Shoreline cutting. Tree and shrubbery cutting in an area parallel to the ordinary high-water mark, and extending 35 feet inland from all points along the ordinary high-water mark, shall be limited in accordance with the following provisions:

(1)

No more than 30 feet in any 100 feet, or 30% for lots less than 100 feet as measured along the ordinary high-water mark, may be clear cut to the depth of the thirty-five-foot area.

(2)

Natural shrubbery and trees shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.

(3)

Any natural shrubbery and trees removed exceeding the standards set forth in this section shall be replanted at the owner's expense.

Paths and roads. Any path, road or passage within the thirty-five-foot area shall be constructed and surfaced so as to effectively control erosion. The access for vehicles shall not exceed 10 feet in width or run parallel to the ordinary high-water mark within 35 feet.

Cutting plan. As an alternative to Subsection B, a special cutting plan allowing greater cutting may be permitted by the Board of Appeals by issuance of a special exception permit, pursuant to § 500-2209F. An application for such a permit shall include a sketch of the lot providing the following information: location of parking, topography of the land, existing vegetation, proposed cutting, and proposed replanting. The Board may grant such a permit only if it finds that such special cutting plans:

(1)

Will not cause undue erosion or destruction of scenic beauty.

(2)

Will provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the Board may require the submission of a bond which guarantees the performance of the planned tree or shrubbery replacement by the lot owner.

(3)

Are approved by the Department.

Cutting more than 35 feet inland. From the inland edge of the thirty-five-foot area to the outer limits of the shoreland, the cutting of trees and shrubbery shall be allowed when accomplished using accepted forest management and soil conservation practices which protect water quality.

Commercial forestry. From the inland edge of the thirty-five-foot strip to the outer limits of the shoreland jurisdictional area, the commercial harvesting of trees shall be allowed when accomplished under accepted forest management practices. The maintenance and improvement of water quality shall be emphasized in all timber harvesting operations. The purpose of this order will favor long-lived species adapted to the site and will prescribe slash disposal methods necessary for aesthetic value.

§ 500-2206 Filling, grading, lagooning, dredging, ditching and excavating.

General standards. Erosion control is required as per the most recent edition of the Wisconsin Construction Site Best Management Practices Handbook. Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under Subsection B may be permitted in the shoreland area provided that:

(1)

It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.

(2)

Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets the requirements of § 500-2207C(2) and (3) of this part.

(3)

All applicable federal, state and local authority is obtained in addition to a permit under this part.

(4)

Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover or a bulkhead.

Permit required.

(1)

Filling, grading, lagooning, dredging, ditching and excavating. Erosion control is required as per the most recent edition of the Wisconsin Construction Site Best Management Practices Handbook. A permit (also see Part 500-2000, Earth Excavations and Fill, for other permit requirements), is required for any shoreland area as defined in this part and on which there is either:

(a)

More than 1,000 cumulative square feet of filling, grading and excavating.

(b)

Filling of more than 500 square feet within 100 feet of any shoreland wetland.

(c)

Not more than 20,000 square feet of filling, grading and excavating within 100 feet of a navigable water.

(2)

Special exceptions. A special exception permit shall be required for the following:

(a)

For any filling, grading and excavating of any area within the shoreland district which is within 100 feet horizontal distance of navigable water and on which there is:

[1]

Filling, grading and excavating greater than 20,000 square feet.

(b)

For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet landward of the ordinary high-water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.

(c)

This Subsection B(2) does not apply to soil conservation practices such as terraces, runoff diversions, grassed waterways, waste storage facilities, and channel restoration, which are used for sediment reduction. All projects designed by the Village, Brown County, DNR, USF and WS, NRCS, and other governmental departments will not require a special exception permit, only a shoreland permit will be required. Upon completion, a letter must be provided by the agency that designed the project indicating the project was completed as permitted. The DOT is exempt from permit requirements when § 30.12(4)(a), Wis. Stats., applies.

(d)

Municipal projects designed by licensed architects or engineers will not require a special exception permit; only a shoreland permit will be required.

(3)

Conditions. In issuance of a shoreland permit or in granting a special exception permit for filling or grading, the Board or Zoning Administrator may attach the following conditions in addition to the provisions specified in § 500-2209F that:

(a)

The smallest amount of bare ground be exposed for as short a time as feasible.

(b)

Temporary ground cover such as mulch be used and permanent cover such as sod be planted.

(c)

Diversions, silting basins, terraces, and other methods to trap sediment be used.

(d)

Fill is stabilized according to accepted engineering standards.

(e)

Fill will not restrict a floodway or destroy the storage capacity of a floodplain.

(f)

Sides of channels or artificial watercourses be constructed with side slopes of three units horizontal distance to one unit vertical or flatter, unless bulkheads or rip rapping are provided.

(g)

In shoreland areas with no floodplain mapped a minimum thirty-five-foot no-fill area is required from the ordinary high-water mark. If floodplain analysis is submitted and approved by the Department the thirty-five-foot no-fill area may be reduced.

Soil conservation practices and agricultural drainage maintenance.

(1)

Soil conservation practices such as tiled terraces, runoff diversions and grassed waterways used for erosion control shall not require a permit under Subsection B when designed and constructed to Natural Resource Conservation Service technical standards.

(2)

The maintenance of existing agricultural drainage systems shall be permitted in conformity with the following construction standards:

(a)

The maintenance dredging of farm drainage ditches is limited to reestablishing the original ditch cross section unless a special exception permit under § 500-2206B(2) is obtained.

(b)

Ditch banks shall be constructed at a slope of three horizontal to one vertical (33.33% grade) or flatter.

(c)

Ditch banks shall be maintained in a sod cover and free of woody vegetation.

(d)

A twelve-foot wide buffer strip of untilled, ungrazed sod cover shall be maintained adjacent to the ditch bank.

Permit conditions. In granting a special exception permit under § 500-2206B(2), the Board of Appeals shall attach the following conditions, where appropriate, in addition to those provisions specified in § 500-2209F(2) and (3):

(1)

The smallest amount of bare ground shall be exposed for as short a time as feasible.

(2)

Temporary ground cover (such as mulch or jute netting) shall be used and permanent vegetative cover shall be established.

(3)

Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.

(4)

Lagoons shall be constructed to avoid fish trap conditions.

(5)

Fill shall be stabilized according to accepted engineering standards.

(6)

Filling shall comply with Village floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.

(7)

Channels or artificial watercourses shall be constructed with side slopes of three units horizontal distance to one unit vertical or flatter which shall be promptly vegetated, unless bulkheads or riprap are provided.

§ 500-2207 Shoreland-Wetland District.

Designation. Pursuant to § 500-2202B, this district shall include all shorelands within the jurisdiction of this chapter which are wetlands of two acres or more as shown on the most current Wisconsin Wetland Inventory map as depicted on the Wisconsin Department of Natural Resources Surface Water Data Viewer located on the WDNR website. Provisions of this section shall apply only to navigable waters shown on the USGS Quad maps or determined to be navigable based on written navigability determinations by the Department.

(1)

Locating shoreland-wetland boundaries. Where an apparent discrepancy exists between the shoreland-wetland district boundary shown on the Wisconsin Wetland Inventory maps and actual field conditions at the time the maps were adopted, the Brown County Zoning Administrator shall contact the appropriate office of the Department to determine if the shoreland-wetland district boundary as mapped is in error. If Department staff concurs with the Brown County Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Brown County 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. The Village Zoning Administrator shall initiate a map amendment to correct the discrepancy within a reasonable time not to exceed one year following the determination.

Purpose. This district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, 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 that minimizes adverse impacts upon the wetland.

Permitted uses. The following uses shall be allowed, subject to Village Zoning District Regulation, general shoreland zoning regulations contained in this part, the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other applicable county, state and federal laws:

(1)

Activities and uses which do not require the issuance of a shoreland permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling or excavating except as allowed under Subsection C(2) or (3).

(a)

Hiking, fishing, trapping, hunting, swimming, and boating;

(b)

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;

(c)

The pasturing of livestock;

(d)

The cultivation of agricultural crops;

(e)

The practice of silviculture, including the planting, thinning, and harvesting of timber; and

(f)

The construction or maintenance of duck blinds.

(2)

Uses which do not require the issuance of a shoreland permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating but only to the extent specifically provided below:

(a)

Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;

(b)

The cultivation of cranberries including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries;

(c)

The maintenance and repair of existing agricultural drainage systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible;

(d)

The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

(e)

The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and

(f)

The maintenance, repair, replacement or reconstruction of existing Village and county highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

(3)

Uses which require the issuance of a shoreland permit under § 500-2209D and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:

(a)

The construction and maintenance of roads which are necessary to conduct silvicultural activities or agricultural cultivation, provided that:

[1]

The road cannot, as a practical matter, be located outside the wetland;

[2]

The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in § 500-2207E(2);

[3]

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

[4]

Road construction activities are carried out in the immediate area of the roadbed only.

(b)

The construction and maintenance of roads which are necessary for the continuity of the Village street system, necessary for the provision of essential utility and emergency services, or necessary to provide access to uses permitted under this subsection, provided that:

[1]

The road cannot, as a practical matter, be located outside of the wetland;

[2]

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed under Ch. NR 117.05(4)(d), Wis. Adm. Code;

[3]

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

[4]

Road construction activities are carried out in the immediate area of the roadbed only; and

[5]

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the road.

(c)

The construction or maintenance of nonresidential buildings provided that:

[1]

The building is essential for and used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals; or some other use permitted in the shoreland-wetland district;

[2]

The building cannot, as a practical matter, be located outside the wetland;

[3]

Such building is not designed for human habitation and does not exceed 500 square feet in floor area; and

[4]

Only limited filling or excavating necessary to provide structural support for the building is authorized.

(d)

The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads, provided that:

[1]

Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Ch. 29, Wis. Stats., where applicable.

[2]

Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in § 500-2207C(3)(a)[1] through [4].

[3]

Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

[4]

The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members and the construction or maintenance of railroad lines provided that:

[a]

The transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

[b]

Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in § 500-2207E(2).

Prohibited uses. Any use not listed in § 500-2207C(1), (2), or (3) is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this part in accordance with § 500-2207E of this part and § 59.692(7), Wis. Stats.

Rezoning of lands in the Shoreland-Wetland District.

(1)

For all proposed text and map amendments to the shoreland-wetland provisions of this part, the appropriate office of the Department shall be provided with the following:

(a)

A copy of every petition for a text or map amendment to the shoreland-wetland provisions of this part, within five days of the filing of such petition with the Village Clerk. Such petition shall include a copy of the Wisconsin Wetland Inventory map adopted as part of this part describing any proposed rezoning of a shoreland-wetland;

(b)

Written notice of the public hearing to be held on a proposed amendment at least 10 days prior to such hearing;

(c)

A copy of the Zoning Administrator's findings and recommendations on each proposed amendment within 10 days after the submission of those findings and recommendations to the Village Board; and

(d)

Written notice of the Village Board's decision on the proposed amendment within 10 days after it is issued.

(2)

A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:

(a)

Storm and floodwater storage capacity;

(b)

Maintenance of dry season stream flow, 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;

(c)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(d)

Shoreline protection against soil erosion;

(e)

Fish spawning, breeding, nursery or feeding grounds;

(f)

Wildlife habitat; or

(g)

Areas of special recreational, scenic or scientific interest, including scarce wetland types.

(3)

If the Department notifies the Zoning Administrator that a proposed text or map amendment to the shoreland-wetland provisions of this part may have a significant adverse impact upon any of the criteria listed in § 500-2207E(2) of this part, that amendment, if approved by the Village Board, shall contain the following provision:

"This amendment shall not take effect until more than 30 days have elapsed after written notice of the Village Board's approval of this amendment is mailed to the Department of Natural Resources. During that thirty-day period, the Department of Natural Resources may notify the Village that it will adopt a superseding shoreland ordinance for the Village under § 59.692(7)(b), Wis. Stats. If the Department does so notify the Village, the effect of this amendment shall be stayed until the § 59.692(7)(b) adoption procedure is completed or otherwise terminated."

§ 500-2208 Nonconforming uses and structures.

Nonconforming uses and structures. The lawful use of a building, structure or property which existed at the time this part, or an applicable amendment to this part, took effect and which is not in conformity with the provisions of this part, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

(1)

If a nonconforming use is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this part.

(2)

The maintenance and repair of nonconforming boathouses that extend waterward beyond the ordinary high-water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.

(3)

If the nonconforming use of a temporary structure is discontinued, such nonconforming use may not be recommenced.

(4)

Uses which are nuisances shall not be permitted to continue as nonconforming uses.

(5)

No structural alteration, addition or repair to any building or structure with a nonconforming use or any nonconforming building or structure, over the life of the building or structure, shall exceed 50% of its current estimated fair market value unless it is permanently changed to conform to the requirements of this part.

(6)

If the alteration, addition or repair of a building or structure with a nonconforming use or a nonconforming building or structure is prohibited because it is in excess of 50% of the current estimated fair market value, the property owner may still make the proposed alteration, addition or repair if:

(a)

A nonconforming use is permanently changed to a conforming use;

(b)

The property owner appeals the determination of the Zoning Administrator and either the Village Board of Appeals or Brown County Circuit Court find in the property owner's favor under § 62.23(7)(e)4 or 62.23(7)(e)10, Wis. Stats.

(c)

The property owner successfully petitions to have the property rezoned by amendment to this chapter in accordance with § 500-2210A of this part and § 62.23(7)(d)2, Wis. Stats.

§ 500-2209 Administrative provisions.

Plan Commission.

(1)

The Village Plan Commission shall oversee the functions of the Zoning Administrator; review and make recommendations to the Board of all proposed amendments to the shorelands and wetlands zoning ordinance map and text; and maintain a complete public record of all its proceedings.

(2)

The Plan Commission shall not grant variances or special exceptions to the terms of this part.

Brown County Zoning to administer. By municipal contract, this part, Part 500-2200, Shorelands and Wetlands, shall be administered by Brown County Zoning. Brown County Zoning shall be responsible for all duties of the Zoning Administrator stated herein as appropriate.

Duties of the Zoning Administrator. The Zoning Administrator shall exercise the following duties and powers:

(1)

Advise applicants as to the provisions of this part and assist them in preparing permit applications and appeal forms.

(2)

Issue permits and certificates of compliance and inspect properties for compliance with this part.

(3)

Keep records of all permits issued, inspections made, work approved and other official actions.

(4)

Provide copies of variances, special exceptions and decisions on appeals for map or text interpretations and map or text amendments within 10 days after they are granted or denied to the appropriate office of the Department.

(5)

Have access to any structure or premises between 7:30 a.m. and 4:30 p.m. for the purpose of performing his/her duties.

(6)

Investigate and report violations of this part to the Village Zoning Administrator, and with due cause as directed by the Village Zoning Administrator to the Village attorney.

Shoreland permits. All applications for shoreland permits shall be made directly to Brown County on Brown County shoreland permit application forms and shall be accompanied by the associated fee.

(1)

When required. Except where another section of this part specifically exempts certain types of development from this requirement, as in § 500-2207C(1) and (2), a shoreland permit shall be obtained from the Zoning Administrator before any new development, as defined in § 500-2212A(2), or any change in the use of an existing building or structure, is initiated.

(2)

Application. An application for a shoreland permit shall be made to the Zoning Administrator upon forms furnished by the county.

(a)

Erosion control is required as per the most recent edition of the Wisconsin Construction Site Best Management Practices Handbook.

(3)

Expiration of permit. Shoreland permits shall expire 24 months from date of issuance.

Relaxation of standards for persons with disabilities applies to all shoreland areas. The Zoning Administrator may issue a shoreland permit to relax the standards of this chapter in order to provide reasonable accommodation of persons with disabilities as required by provisions of federal and state law. Such relaxation shall be consistent with federal guidelines for accommodation of persons with disabilities and shall, where practicable, be terminated when the facility is no longer in use by a disabled person. A person applying for a permit for construction under this section shall establish the nature and extent of the disability and that the relaxation requested is the minimum necessary to provide reasonable use of the facility.

Special exception permits. All applications for special exception permits shall be heard by the Village Board of Appeals. Applications shall be made directly to the Village on Village forms and shall be accompanied by the associated fee.

(1)

Application for a special exception permit. Any use listed as a special exception in this part shall be permitted only after an application has been submitted to the Zoning Administrator and a special exception permit has been granted by the Board of Appeals.

(2)

Standards applicable to all special exceptions. In passing upon a special exception permit, the Board of Appeals shall evaluate the effect of the proposed use upon:

(a)

The maintenance of safe and healthful conditions.

(b)

The prevention and control of water pollution including sedimentation.

(c)

Compliance with local floodplain zoning ordinances and opportunity for damage to adjacent properties due to altered surface water drainage.

(d)

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(e)

The location of the site with respect to existing or future access roads.

(f)

The need of the proposed use for a shoreland location.

(g)

Its compatibility with uses on adjacent land.

(h)

The amount of liquid and solid wastes to be generated and the adequacy of the proposed disposal systems.

(i)

Location factors under which:

[1]

Domestic uses shall be generally preferred;

[2]

Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source;

[3]

Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.

(3)

Conditions attached to special exceptions. Upon consideration of the factors listed above, the Board of Appeals shall attach such conditions, in addition to those required elsewhere in this part, as are necessary to further the purposes of this part. Violations of any of these conditions shall be deemed a violation of this part. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a shoreland permit, the following information:

(a)

A plan of the area showing surface contours, soil types, ordinary high-water marks, groundwater conditions, subsurface geology and vegetative cover.

(b)

Location of buildings, parking areas, traffic access, driveways, walkways, piers, open space and landscaping.

(c)

Plans of buildings, sewage disposal facilities, water supply systems and arrangement of operations.

(d)

Specifications for areas of proposed filling, grading, lagooning or dredging.

(e)

Other pertinent information necessary to determine if the proposed use meets the requirements of this part.

(4)

Notice, public hearing and decision. Before acting upon an application for a special exception permit, the Board of Appeals shall hold a public hearing. Notice of such public hearing, specifying the time, place and matters to come before the Board, shall be given as a Class 1 notice under Ch. 985, Wis. Stats. Such notice shall be provided to the appropriate office of the Department at least 10 days prior to the hearing. The Board shall state in writing the grounds for granting or refusing a special exception permit.

(5)

Recording. When a special exception permit is approved, an appropriate record shall be made of the land use and structures permitted and such permit shall be applicable solely to the structures, use and property so described. A copy of any decision on a special exception permit shall be provided to the appropriate office of the Department within 10 days after it is granted or denied.

(6)

Revocation. Where the conditions of a special exception permit are violated, the special exception permit shall be revoked by the Board of Appeals.

Variances. All applications for variance shall be heard by the Village Board of Appeals. Applications shall be made directly to the Village on Village forms and shall be accompanied by the associated fee.

(1)

Decision. The Board of Appeals may grant upon appeal a variance from the dimensional standards of this part where an applicant convincingly demonstrates that:

(a)

Literal enforcement of the provisions of this part will result in unnecessary hardship on the applicant;

(b)

The hardship is due to special conditions unique to the property; and

(c)

Such variance is not contrary to the public interest.

(2)

No use variance. A variance shall not grant or increase any use of property which is prohibited in the zoning district.

(3)

Notice, hearing and decision. Before acting on an application for a variance, the Board of Appeals shall hold a public hearing. Notice of such hearing specifying the time, place and matters of concern, shall be given a Class 1 notice under Ch. 985, Wis. Stats. Such notice shall be provided to the appropriate district office of the Department at least 10 days prior to the hearing. The Board shall state in writing the reasons for granting or refusing a variance and shall provide a copy of such decision to the appropriate Department office within 10 days of the decision.

Board of Appeals. The Village President shall appoint and the Board of Trustees shall approve a Board of Appeals consisting of five members plus two alternates under § 62.23(7)(e), Wis. Stats. This section shall function in harmony with Part 500-200, Administration and Enforcement, Article IV, Zoning Board of Appeals. Where there is conflict in any regulation the stricter shall apply.

(1)

Powers and duties.

(a)

The Board of Appeals shall adopt rules pursuant to § 62.23(7)(e)3, Wis. Stats., and such additional rules as it deems necessary and may exercise all of the powers conferred on such Boards by § 62.23, Wis. Stats.

(b)

It shall hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement or administration of this part.

(c)

It shall hear and decide applications for special exception permits pursuant to § 500-2209F.

(d)

It may grant a variance from the dimensional standards of this part pursuant to § 500-2209G.

(e)

In granting a special exception permit or variance, the Board may not impose conditions which are more restrictive than any of the specific standards in the ordinance. Where the ordinance is silent as to the extent of restriction, the Board may impose any reasonable permit conditions to effect the purpose of this part.

(2)

Appeals to the Board. Appeals to the Board of Appeals may be made by any person aggrieved or by an officer, department, Board or bureau of the Village or county affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be made within 30 days, by filing with the officer whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other officer whose decision is in question shall promptly transmit to the Board all the papers constituting the record concerning the matter appealed.

(3)

Hearing appeals and applications for variances and special exception permits.

(a)

The Board of Appeals shall fix a reasonable time for a hearing on the appeal or application. The Board shall give public notice thereof by publishing a Class 1 notice under Ch. 985, Wis. Stats, specifying the date, time and place of the hearing and the matters to come before the Board. Notice shall be mailed to the parties in interest. Written notice shall be given to the appropriate office of the Department at least 10 days prior to hearings on proposed shoreland variances, special exceptions (conditional uses), and appeals for map or text interpretations.

(b)

A decision regarding the appeal or application shall be made as soon as practical. Copies of all decisions on shoreland variances, special exceptions (conditional uses), and appeals for map or text interpretations shall be submitted to the appropriate office of the Department within 10 days after they are granted or denied.

(c)

The final disposition of an appeal or application to the Board of Appeals shall be in the form of a written order signed by the Chairperson or Acting Chairperson of the Board. Such resolution shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, vary 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.

(d)

At the public hearing, any party may appear in person or by agent or by attorney.

Fees. Fees shall be as established by the Village Board.

§ 500-2210 Changes and amendments.

Changes and amendments. The Village Board may from time to time, alter, supplement or change the boundaries of use districts and the regulations contained in this part in accordance with the requirements of § 62.23(7)(d)2, Wis. Stats, Ch. NR 117, Wis. Adm. Code and § 500-2207E of this part where applicable.

(1)

Amendments to this part may be made on petition of any interested party.

(2)

Every petition for a text or map amendment filed with the Village Clerk shall be referred to the Zoning Administrator. A copy of each petition shall be mailed to the appropriate office of the Department within five days of the filing of the petition with the Village Clerk. Written notice of the public hearing to be held on a proposed amendment shall be provided to the appropriate office of the Department at least 10 days prior to the hearing.

(3)

A copy of the Village Board's decision on each proposed amendment shall be forwarded to the appropriate office of the Department within 10 days after the decision is issued.

§ 500-2211 Violations and penalties.

Enforcement and penalties. Any building or structure hereinafter erected, moved, or structurally altered, or any use hereafter established in violation of the provision of this chapter by any person, firm, association, corporation (including building contractors) or his/her/their agent, shall be deemed an unlawful structure or use.

Except as otherwise provided, any person found to be in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of the Municipal Code of Ordinances.

This section shall not preclude the Village of Bellevue from maintaining any appropriate action to prevent or remove a violation of this section.

§ 500-2212 Explanation of terms and words.

Definitions.

(1)

For the purpose of administering and enforcing this part, 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.

(2)

The following terms or words used in this chapter mean:

ACCESSORY STRUCTURE OR USE

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 the principal structure or use.

AGRICULTURAL PRACTICE

Has the meaning found in § 281.16(1)(b), Wis. Stats.

(a)

Note: Section 281.16(1)(b), Wis. Stats., defines "agricultural practice" to mean "beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836; and vegetable raising."

BOATHOUSE

Any permanent structure designed solely for the purpose of protecting or storing boats and related equipment for noncommercial purposes.

COUNTY ZONING AGENCY

That committee or commission created or designated by the County Board under § 59.69(2), Wis. Stats, to act in all matters pertaining to county planning and zoning.

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 mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations, and the deposition or extraction of earthen materials.

DISABLED

Having a physical or mental impairment that substantially limits one or more major life activities.

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.

FLOODPLAIN

The land which has been or may be hereafter covered by floodwater during the regional flood as shown on the Village's official Floodplain Zoning Maps. The regional flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics in the general watershed region, or both. The flood frequency of the regional flood is once in every 100 years. In any given year, there is a one-percent chance that the regional flood may occur.

(a)

Note: "Floodway" is defined in § NR 116.03 (22), Wis. Adm. Code, to mean "the channel of a river or stream, and those portions of the floodplain adjoining the channel required to carry the regional flood discharge."

NAVIGABLE WATERS

Has the meaning found in § 281.31, Wis. Stats.

(a)

Note: Section 281.31 (2)(d), Wis. Stats., defines "navigable water" or "navigable waters" to mean "Lake Superior, Lake Michigan, all natural inland lakes within this state and all streams, ponds, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of the boundary waters, which are navigable under the laws of this state."

(b)

Section 281.31(2m), Wis. Stats., also provides that, notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under § 59.692(7)(ad)1, Wis. Stats., "does not apply to lands adjacent to farm drainage ditches if:

[1]

Such lands are not adjacent to a natural navigable stream or river;

[2]

Those parts of the drainage ditches adjacent to these lands were non-navigable streams before ditching; and

[3]

Such lands are maintained in nonstructural agricultural use."

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 characteristics.

REGIONAL FLOOD

A flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics, once in every 100 years.

REASONABLE ACCOMMODATION

Allowing a disabled person to deviate from the strict requirements of the Village's zoning ordinances if an accommodation is necessary and reasonable, in order not to unlawfully discriminate against the disabled person and to allow them equal housing opportunity.

(a)

Note: Federal courts have interpreted the "reasonable accommodations" requirement in the Federal Fair Housing Act to mean that an accommodation is reasonable "if it does not cause any undue hardship or fiscal or administrative burdens on the municipality, or does not undermine the basic purpose that this chapter seeks to achieve." Oxford House, Inc. v. Town of Babylon, 819 F. Supp. 1179, 1186 (E.D.N.Y. 1993).

SHORELANDS AND SHORELAND ZONE

Have the meaning found in § 59.692(1)(b), Wis. Stats.

(a)

Note: Section 59.692(1)(b), Wis. Stats., defines "shorelands" to mean "the area within the following distances from the ordinary high-water mark of navigable waters, as defined under § 281.31(2)(d):

[1]

One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake, this distance shall be measured from the high-water mark of the lake.

[2]

Three hundred 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 as a part of this shoreland zoning part, comprised of shoreland that are designated as wetlands on the wetland maps which have been adopted and made a part of this part.

SPECIAL EXCEPTION (CONDITIONAL USE)

A use which is permitted by this part provided that certain conditions specified in this part are met and that a permit is granted by the Board of Appeals or, where appropriate, the Village Board.

STRUCTURE

Any man-made object with form, shape and utility, that is constructed or otherwise erected, attached to or permanently or temporarily placed, either upon the ground, a river bed, stream bed or lake bed or upon another structure. For the purpose of this chapter, the term "structure" includes camping units, swimming pools, hot tubs, patios, decks and retaining walls, but does not include landscaping or earthwork including graded areas, filled areas, ditches, berms, or earthen terraces. The term "structure" does not include small objects that are easily moved by hand, such as canoes, kayaks, lawn chairs, portable grills, portable picnic tables, temporary snow fences, small temporary fences around individual plants or small groups of plants to prevent animal herbivory, bird feeders, birdhouses and birdbaths.

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 part.

VARIANCE

An authorization granted by the Board of Appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this part.

WETLAND

Has the meaning found in § 23.32(1) Wis. Stats.

(a)

Note: Section 23.32(1), Wis. Stats., defines "wetland" to mean "an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions."