Any development, building or structure or accessory building
or structure constructed, altered, added to, modified, rebuilt or
replaced, or any use or accessory use established after the effective
date of this chapter in violation of the provisions of this chapter,
by any person, firm, association, corporation (including building
contractors or their agents), shall be deemed a violation. The Zoning
Administrator shall refer violations to the Village Board and the
Village Attorney who shall prosecute such violations. Any person,
firm, association or corporation who violates or refuses to comply
with any of the provisions of this chapter shall be subject to a forfeiture
of not less than $50 nor more than $1,000 per offense, together with
the taxable costs of such action. Each day of continued violation
shall constitute a separate offense. Every violation of this chapter
is a public nuisance and the creation thereof may be enjoined and
the maintenance thereof may be abated by action at suit of the Village,
the State or any citizen thereof pursuant to § 87.30(2),
Wis. Stats.
A.
For the purpose of administering and enforcing this chapter, the
terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future; words in the singular
number include the plural number; 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)
(3)
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
SHORELAND-WETLAND DISTRICT
SHORELANDS
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms 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 that of the principal structure or use.
As defined in § 30.01(1d), Wis. Stats., a permanent
structure used for the storage of watercraft and associated materials
and includes all structures which are totally enclosed, have roofs
or walls or any combination of structural parts.
Publication of a public hearing notice under Chapter 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 chapter, provided that certain
conditions specified in the ordinance are met and that a permit is
granted by the Zoning Board of Appeals or, where appropriate, the
planning agency designated by 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 spudpoles attached to
the bed of the waterway.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this State, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this State. Under § 281.31(2m), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 62.231, Wis. Stats.,
and Chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent
to farm drainage ditches if:
Such lands are not adjacent to a natural navigable stream or
river;
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching; and
Such lands are maintained in nonstructural agricultural use.
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NOTE: Wisconsin's Supreme Court has declared navigable
bodies of water that have a bed differentiated from adjacent uplands
and levels or flow sufficient to support navigation by a recreational
craft of the shallowest craft on an annually recurring basis [Muench
v. Public Service Commission, 261 Wis. 492(1952) and DeGaynor and
Co., Inc., vs. 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.
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The point on the bank or shore up to which the presence and
action of surface water is so continuous so as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation or other easily recognized
characteristic.
The 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.
The zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this chapter as described in § 368-10 of this chapter.
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 stream or to the landward side
of the floodplain, whichever distance is greater.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with the restrictions governing area, setbacks, frontage, height or
density unnecessarily burdensome or unreasonable in light of the purpose
of this chapter.
An authorization granted by the Zoning Board of Appeals to
construct, alter or use a building or structure in a manner that deviates
from the dimensional standards of this chapter.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
