A.
Statutory authorization.
(1)
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.
B.
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.
C.
D.
Title: Part 500-2200, Shorelands and Wetlands Ordinance for the Village
of Bellevue, Brown County, Wisconsin.
A.
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:
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
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.
A.
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:
B.
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.
C.
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.
A.
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.
(2)
Zoning staff or local Department representative shall determine
the ordinary high-water mark where not established.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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:
(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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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).
D.
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.
E.
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."
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A.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
(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.
H.
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.
(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.
I.
Fees. Fees shall be as established by the Village Board.
A.
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.
A.
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.
B.
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.
C.
This section shall not preclude the Village of Bellevue from maintaining
any appropriate action to prevent or remove a violation of this section.
A.
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)
ACCESSORY STRUCTURE OR USE
AGRICULTURAL PRACTICE
(a)
BOATHOUSE
COUNTY ZONING AGENCY
DEPARTMENT
DEVELOPMENT
DISABLED
DRAINAGE SYSTEM
FLOODPLAIN
(a)
NAVIGABLE WATERS
(a)
(b)
ORDINARY HIGH-WATER MARK
REGIONAL FLOOD
REASONABLE ACCOMMODATION
(a)
SHORELANDS AND SHORELAND ZONE
(a)
SHORELAND-WETLAND DISTRICT
SPECIAL EXCEPTION (CONDITIONAL USE)
STRUCTURE
UNNECESSARY HARDSHIP
VARIANCE
WETLAND
(a)
The following terms or words used in this chapter mean:
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.
Has the meaning found in § 281.16(1)(b), Wis. Stats.
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."
Any permanent structure designed solely for the purpose of
protecting or storing boats and related equipment for noncommercial
purposes.
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.
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 mobile homes; ditching, lagooning, dredging, filling,
grading, paving, excavation or drilling operations, and the deposition
or extraction of earthen materials.
Having a physical or mental impairment that substantially
limits one or more major life activities.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
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.
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."
Has the meaning found in § 281.31, Wis. Stats.
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."
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:
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.
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.
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.
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).
Have the meaning found in § 59.692(1)(b), Wis.
Stats.
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):
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.
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.
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.
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.
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.
Has the meaning found in § 23.32(1) Wis. Stats.
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."
