[HISTORY: Adopted by the Common Council of the City of Port Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 20.34.210 of the 1984 Code]
Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters in the City of Port Washington would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has thus delegated responsibility to the City to:
A.
Promote the public health, safety, convenience and general welfare;
B.
Maintain the stormwater and floodwater storage capacity of wetlands;
C.
Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
D.
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
E.
Prohibit certain uses detrimental to the shoreland-wetland area; and
F.
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earthmoving activities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the City shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. All permitted development shall require the issuance of building and site plan approvals unless otherwise expressly excluded by a provision of this article.
B.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all necessary permits. State agencies are required to comply if § 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, Wis. Stats., applies.
C.
Abrogation and greater restrictions.
(1)
This article supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23 or 87.30, Wis. Stats., which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this article, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2)
This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
D.
Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this article is required by a standard in Ch. NR 117, Wis. Adm. Code, and where the provision of this article is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this article or in effect on the date of the most recent text amendment to this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The following maps are hereby adopted and made part of this article and are on file in the office of the City Clerk and Zoning Administrator:
A.
The Shoreland-Wetland Zoning District includes all wetlands in the City that are five acres or more and are shown on the final wetland inventory map that has been adopted and made a part of this article and which are:
(1)
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the City shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this article.
(2)
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this article. Floodplain zoning maps adopted in § 467-4B shall be used to determine the extent of floodplain areas.
B.
Determinations and discrepancies.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
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 district office of the Department of Natural Resources for a final determination of navigability or ordinary high-water mark.
(2)
When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department to determine if the Shoreland-Wetland District boundary as mapped is in error. If Department staff concur with the City that a particular area was incorrectly mapped as a wetland, the City shall have the authority to immediately grant or deny building and site plan approvals in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsection C or D, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
C.
Filled wetlands. Wetlands that are filled prior to the date on which the City received final wetland inventory maps, in a manner that affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this article.
The following uses are permitted subject to the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:
A.
Activities and uses that do not require the issuance of building and site plan approvals, provided that no wetland alteration occurs:
(1)
Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;
(2)
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
(3)
The practice of silviculture, including the planting, thinning and harvesting of timber;
(4)
The pasturing of livestock;
(5)
The cultivation of agricultural crops; and
(6)
The construction and maintenance of duck blinds.
B.
Uses which do not require the issuance of building and site plan approvals and which may involve wetland alterations only to the extent specifically provided below:
(1)
The practice of silviculture, including limited temporary water level stabilization measures that are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
(2)
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(3)
The maintenance and repair of existing drainage systems to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
(4)
The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(5)
The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(6)
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in § 467-10C of this article; and
(7)
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
C.
Uses that are allowed upon the issuance of a permit and which may include wetland alterations only to the extent specifically provided below:
(1)
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under this section, provided that:
(a)
The road cannot, as a practical matter, be located outside the wetland;
(b)
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 467-10C of this article;
(c)
The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
(d)
Road construction activities are carried out in the immediate area of the roadbed only; and
(e)
Any wetland alteration must be necessary for the construction or maintenance of the road.
(2)
The construction and maintenance of nonresidential buildings, provided that:
(a)
The building is used solely in conjunction with a use permitted in the Shoreland-Wetland District or for the raising of waterfowl, minnows or other wetland or aquatic animals;
(b)
The building cannot, as a practical matter, be located outside the wetland;
(c)
The building does not exceed 500 square feet in floor area; and
(d)
Only limited filling and excavating necessary to provide structural support for the building are allowed.
(3)
The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
(a)
Any private development allowed under this subsection shall be used exclusively for the permitted purpose;
(b)
Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures are allowed;
(c)
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meet the criteria in Subsection C(1) of this article; and
(d)
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(4)
The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines, provided that:
The lawful use of a building, structure or property which existed at the time this article, or an applicable amendment to this article, took effect and which is not in conformity with the provisions of this article, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
A.
The shoreland-wetland provisions of this article authorized by § 62.231, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982, related to such a structure. All other modifications to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats., which limits total lifetime structural repairs and alterations to 50% of current fair market value.
B.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this article.
C.
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this article adopted under § 62.231, Wis. Stats., may be continued although such use does not conform to the provisions of this article. However, such nonconforming use may not be extended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.
E.
Uses that are nuisances under common law shall not be permitted to continue as nonconforming uses.
A.
Zoning Administrator. The Zoning Administrator or his or her designee shall administer and enforce this article. The Zoning Administrator shall have the following duties and powers:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Advise applicants as to the provisions of this article and assist them in preparing permit applications and appeal forms.
(2)
Issue permits and certificates of compliance and inspect properties for compliance with this article.
(3)
Keep records of all permits issued, inspections made, work approved and other official actions.
(4)
Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purposes of performing these duties.
(5)
Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments, within 10 days after they are granted or denied, to the appropriate district office of the Department.
(6)
Investigate and report violations of this article to the appropriate municipal planning agency and the District Attorney, Corporation Counsel and Municipal Attorney.
B.
Building and site plan approvals; when required. Unless another section of this article specifically exempts certain types of development from this requirement, building and site plan approvals shall be obtained from the Zoning Administrator before any new development, as defined in § 467-12 of this article, or any change in the use of an existing building or structure is initiated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Application. An application for building and site plan approval shall be made to the Zoning Administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Site development plan. A site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
(1)
Dimensions and area of the lot;
(2)
Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;
(3)
Description of any existing or proposed on-site sewage systems or private water supply systems;
(4)
Location of the ordinary high-water mark of any abutting navigable waterways;
(5)
Boundaries of all wetlands;
(6)
Existing and proposed topographic and drainage features and vegetative cover;
(7)
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
(8)
Location of existing or future access roads; and
(9)
Specifications and dimensions for areas of proposed wetland alteration.
E.
Expiration. All permits issued under the authority of this article shall expire one year from the date of issuance.
F.
Certificate of compliance. Except where no building and site plan approvals or conditional use permits are required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator subject to the following provisions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
The certificate of compliance shall show that the building or premises or part thereof and the proposed use thereof conform to the provisions of this article.
(2)
Application for such certificate shall be concurrent with the application for building and site plan approvals or a conditional use permit.
(3)
The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the building and site plan approvals or conditional use permit, provided that the building or premises and proposed use thereof conform to all the provisions of this article.
(4)
The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the Common Council.
(5)
Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of adoption of this article, certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this article.
G.
Conditional use permits. Any use listed as a conditional use in this article shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Common Council upon recommendation of the Plan Commission, following the procedures in Subsections M and N of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 467-6C of this article, the Plan Commission may recommend and the Common Council shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this article, as are necessary to further the purposes of this article as listed in § 467-2. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which the Plan Commission may base its recommendation and the Common Council may base its determination, the Plan Commission or Common Council may require an applicant to furnish, in addition to the information required for building and site plan approvals, other pertinent information that is necessary to determine if the proposed use is consistent with the purpose of this article.
I.
Recording. Where building and site plans or conditional use permits are approved, the Zoning Administrator shall make an appropriate record of the land use and structures permitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J.
Revocation. Where the conditions of approved building and site plans or conditional use permits are violated, the Common Council upon recommendation of the Plan Commission shall revoke the permit.
K.
Zoning Board of Appeals. The City Mayor shall appoint a Zoning Board of Appeals under § 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the municipal governing body. The Zoning Board of Appeals shall adopt rules for the conduct of its business as required by § 62.23(7)(e)3, Wis. Stats. The Zoning Board of Appeals:
(1)
Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this article.
(2)
May authorize upon appeal a variance from the dimensional standards of this article where an applicant convincingly demonstrates that:
(a)
Literal enforcement of the terms of this article will result in unnecessary hardship for the applicant;
(b)
The hardship is due to special conditions unique to the property and is not self-created or based solely on economic gain or loss;
(c)
Such variance is not contrary to the public interest as expressed by the purpose of this article; and
(d)
Such variance will not grant or increase any use of property which is prohibited in the zoning district.
L.
Appeals to the Board. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the official whose decision is in question, and with the Zoning Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
M.
Public hearings.
(1)
Before making a decision on an application for a conditional use permit, the Common Council shall, and before making a decision on an appeal the Zoning Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Common Council and Board shall give public notice of the hearing by publishing a Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the Common Council or the Board. At the public hearing, any party may present testimony in person, by agent or by attorney.
(2)
A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least 10 days prior to all public hearings on issues involving shoreland-wetland zoning.
N.
Decisions.
(1)
The final disposition of an application for a conditional use permit before the Common Council or an appeal before the Zoning Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Common Council or Board Chairperson. Such decision shall state the specific facts which are the basis of the Common Council's or Board's determination, and in the case of an appeal shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, or dismiss the appeal for lack of jurisdiction or prosecution.
(2)
A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within 10 days after the decision is issued.
The City of Port Washington may alter, supplement or change the district boundaries and the regulations contained in this article in accordance with the requirements of § 62.23(7)(d)2, Wis. Stats., and Ch. NR 117, Wis. Adm. Code.
A.
A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Department within five days of the submission of the proposed amendment to the office of the Zoning Administrator.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the Zoning Administrator, and a public hearing shall be held after publication of a Class 2 public notice as required by § 62.23(7)(d)2, Wis. Stats. The appropriate district office of the Department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
In order to ensure that this article will remain consistent with the shoreland protection objectives of § 281.31, Wis. Stats., the City may not rezone a wetland in a Shoreland-Wetland Zoning District, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
(1)
Stormwater and floodwater storage capacity;
(2)
Maintenance of dry season stream flow or 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;
(3)
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4)
Shoreline protection against erosion;
(5)
Fish spawning, breeding, nursery or feeding grounds;
(6)
Wildlife habitat; or
(7)
Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
D.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, the Department shall so notify the City of its determination either prior to or during the public hearing held on the proposed amendment.
E.
The appropriate district office of the Department shall be provided with:
(1)
A copy of the recommendation and report, if any, by the Zoning Administrator on a proposed text or map amendment within 10 days after the submission of those recommendations to the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
F.
If the Department notifies the City in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, that proposed amendment, if approved by the City, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by Subsection E(2) of this section. If within the thirty-day period the Department notifies the City that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the City of Port Washington as provided by § 62.231(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6), Wis. Stats., is completed or otherwise terminated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this article in violation of the provisions of this article by any person, firm, association, or corporation (including building contractors or their agents) shall be deemed a violation. The Building Inspector shall refer violations to the City Attorney who shall prosecute such violations. Any person, firm, association, or corporation who or which violates or refuses to comply with any of the provisions of this article shall be subject to a forfeiture of not less than $50 nor more than $500 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this article is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30(2), Wis. Stats.
A.
For the purpose of administering and enforcing this article, 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.
B. ACCESSORY STRUCTURE OR USE BOATHOUSE CLASS 2 PUBLIC NOTICE CONDITIONAL USE DEPARTMENT DEVELOPMENT DRAINAGE SYSTEM ENVIRONMENTAL CONTROL FACILITY FIXED HOUSEBOAT NAVIGABLE WATERS(1) (2) ORDINARY HIGH-WATER MARK PLANNING AGENCY SHORELANDS SHORELAND-WETLAND DISTRICT UNNECESSARY HARDSHIP VARIANCE WETLAND ALTERATION WETLANDS
As used in this article, the following terms shall have the meanings indicated:
A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.
As defined in § 30.01(1d), Wis. Stats., a structure with one or more walls or sides that has been used for one or more years for the storage of watercraft and associated materials, regardless of the current use of the structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Publication of a public hearing notice under Ch. 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.
A use which is permitted by this article provided that certain conditions specified in this article are met and that a permit is granted by the Zoning Board of Appeals or, where appropriate, the municipal governing body.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
As defined in § 30.01(1r), Wis. Stats., a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spud poles attached to the bed of the waterway.
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.
Under § 281.31(2)(d), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 62.231, Wis. Stats., and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.
The point on the bank or shore up to which the presence and action of surface water are so continuous as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
The Municipal Plan Commission created under § 62.23(1), Wis. Stats., a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.
Lands within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
The zoning district, created in this article, comprised of shorelands that are designated as wetlands on the wetlands inventory maps that have been adopted and made a part of this article.
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 article.
An authorization granted by the Zoning Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this article.
Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
[Adopted as § 20.34.215 of the 1984 Code]
Uncontrolled use of shorelands and pollution of the navigable waters of the City would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Wisconsin Legislature has delegated responsibility to all municipalities to:
A.
Promote the public health, safety, convenience and general welfare;
B.
Limit certain land use activities detrimental to shorelands; and
C.
Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.
A.
Compliance. The use of shorelands within the shoreland area of the City shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. All permitted development shall require the issuance of an occupancy permit unless otherwise expressly excluded by a provision of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies.
C.
Abrogation and greater restrictions.
(1)
This article supersedes all the provisions of any other applicable municipal ordinance, except that where another municipal ordinance is more restrictive than this article, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2)
This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
D.
Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.
These Shoreland Zoning District regulations apply only to a shoreland that was annexed by the City after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under § 59.692, Wis. Stats.
The following terms used in this article have the meanings indicated:
The main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
Has the meaning given in § 59.692(1)(b), Wis. Stats.
Has the meaning given in § 59.692(1)(bn), Wis. Stats.
A.
The Shoreland District areas regulated by this article shall include all the lands (referred to herein as "shorelands") in the City of Port Washington that are:
(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 Surface Water Data viewer available on the DNR website 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, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.
B.
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 district office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high-water mark.
The lands within the Shoreland Zoning District are subject to all applicable provisions of the City's Municipal Code. Where the provisions of this article are more restrictive than other regulations in the Municipal Code, the provisions of this article shall apply.
A.
Principal building setbacks.
(1)
All principal buildings shall be set back at least 50 feet from the ordinary high-water mark.
(2)
Adjustment of shore yards. A setback less than that required by Subsection A(1) may be allowed if all of the following apply:
(a)
The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building; and
(b)
The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
Pursuant to § 62.233, Wis. Stats., a landowner must maintain a vegetative buffer zone, as follows:
A.
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in Subsection B.
B.
If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
C.
A person who is required to maintain or establish a vegetative buffer zone under Subsection A may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary high-water mark.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person, firm, association, or corporation who or which violates or refuses to comply with any of the provisions of this article shall be subject to a forfeiture of not less than $50 nor more than $500 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense.