City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 10, Ch. 2, §§ 10-2-30 through 10-2-46, of the 1981 Code). Amendments noted where applicable.]
A. 
Purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
(1) 
Promote the public health, safety, convenience and general welfare;
(2) 
Maintain the stormwater and floodwater storage capacity of wetlands;
(3) 
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;
(4) 
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
(5) 
Prohibit certain uses detrimental to the shoreland-wetland area; and
(6) 
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earthmoving activities.
B. 
Such legislative delegation of authority is found in §§ 62.23 and 62.231 and §§ 87.30 and 281.31, Wis. Stats.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
A. 
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see § 10-3-4 of this chapter for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.
B. 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this chapter 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(4), Wis. Stats., applies.
C. 
Abrogation and greater restrictions. This chapter supersedes all the provisions of any municipal zoning ordinance enacted under § 61.35, 62.23 or 87.30, Wis. Stats., which relate to floodplain and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(1) 
This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
D. 
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in Ch. NR 117, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Ch. NR 117 standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
E. 
Severability. Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
A. 
Shoreland-Wetland Zoning Maps. The following maps are hereby adopted and made part of this chapter and are on file in the office of the Municipal Clerk:
(1) 
Wisconsin Wetland Inventory Maps stamped FINAL on February 26, 1992.
(2) 
United States Geological Survey Maps dated 1978.
B. 
District boundaries.
(1) 
The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this chapter and which are:
(a) 
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowage. Lakes, ponds or flowage in the municipality 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 be reference and made a part of this chapter.
(b) 
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 chapter. Floodplain zoning maps adopted in § 10-2-1E(2) shall be used to determine the extent of floodplain areas.
(2) 
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 for a final determination of navigability or ordinary high-water mark.
(3) 
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 Zoning Administrator that a particular area was incorrectly mapped as a wetland, the 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. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsection B(4) and (5) below, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(4) 
Filled wetlands. Wetlands which are filled prior to February 26, 1992, the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland are not subject to this chapter.
(5) 
Wetlands landward of a bulkhead line. Wetlands located between the original ordinary high-water mark and a bulkhead line established prior to May 7, 1982, under § 30.11, Wis. Stats., are not subject to this chapter.
C. 
Permitted uses. 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:
(1) 
Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
(a) 
Hiking, fishing, trapping, hunting, swimming, snowmobiling 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 practice of silviculture, including the planting, thinning, and harvesting of timber;
(d) 
The pasturing of livestock;
(e) 
The cultivation of agricultural crops; and
(f) 
The construction and maintenance of duck blinds.
(2) 
Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
(a) 
The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
(b) 
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(c) 
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;
(d) 
The construction and maintenance offenses for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(e) 
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;
(f) 
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 § 10-3-14D of this chapter; and
(g) 
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement and reconstruction.
(3) 
Uses which are allowed upon the issuance of a permit and which may include wetland alterations only to the extent specifically provided below:
(a) 
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 § 10-3-3C of this chapter, 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 impacts upon the natural functions of the wetland listed in § 10-3-14D of this chapter.
[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 wetland alteration must be necessary for the construction or maintenance of the road.
(b) 
The construction and maintenance of nonresidential buildings, provided that:
[1] 
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;
[2] 
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 is allowed;
[3] 
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in § 10-3-13C(3)(a) of this chapter; and
[4] 
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:
(a) 
The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
(b) 
Only limited filling or excavating necessary for such construction maintenance is allowed; and
(c) 
Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in § 10-3-14D of this chapter.
D. 
Prohibited uses.
(1) 
Any use not listed in § 10-3-3C of this chapter is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with § 10-3-14 of this chapter.
(2) 
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.
A. 
The lawful use of a building, structure or property which existed at the time this chapter, or an applicable amendment to this chapter, took effect and which is not in conformity with the provisions of this chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions.
B. 
The shoreland-wetland provisions of this chapter 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.
C. 
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 chapter.
D. 
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 chapter adopted under § 61.351 or 62.231, Wis. Stats., may be continued although such use does not conform with the provisions of this chapter. However, such nonconforming use may not be extended.
E. 
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.
F. 
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
The procedure for administering and enforcing this chapter is the same as for the underlying or existing zoning code regulating uses in the City. All applications for permits shall be reviewed by the Zoning Administrator to determine whether construction or development is proposed within shoreland-wetland areas. If it is, the application and permit shall be processed in the same manner as provided in § 10-3-6A.
A. 
Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in § 10-3-16B of this chapter, or any change in the use of an existing building or structure is initiated. Application for permit shall be made on forms furnished by the Zoning Administrator.
B. 
No permit for any construction or development within the shoreland-wetland shall be issued until the Zoning Administrator ascertains that all applicable provisions of this chapter and of the underlying zoning code will be met.
A site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
A. 
Dimensions and area of the lot;
B. 
Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;
C. 
Description of any existing or proposed on-site sewage systems or private water supply systems;
D. 
Location of the ordinary high-water mark of any abutting navigable waterways;
E. 
Boundaries of all wetlands;
F. 
Existing and proposed topographic and drainage features and vegetative cover;
G. 
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
H. 
Location of existing or future access roads; and
I. 
Specifications and dimensions for areas of proposed wetland alteration.
All permits issued under the authority of this chapter shall expire 12 months from the date of issuance.
Except where no zoning permit or conditional use permit is 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:
A. 
The certificates of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this chapter.
B. 
Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.
C. 
The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this chapter.
D. 
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 municipal governing body.
E. 
Upon written request from the owner, the Zoning Administrator may issue a certificate of compliance for any building or premises existing at the time of chapter adoption, 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 chapter.
A. 
Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in § 2-5-2 of this Code.
B. 
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 10-3-3C(3) of this chapter, the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purpose of this chapter as listed in § 10-3-1. 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 to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
Fees for permits issued under this chapter shall be as specified in § 1-2-1 of this Code.
Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Zoning Administrator or the Board of Appeals.
Appeals from the decision of the Zoning Administrator relating to zoning matters may be filed in accordance with § 2-5-2 of this Code for consideration by the Board of Appeals. Before considering such zoning matters, the Board shall fix a reasonable time for hearing the appeal and give public notice thereof by publishing in the official newspaper a notice as prescribed in §§ 62.23(7)(e)6 and 985.07(3)(b), Wis. Stats.
A. 
The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of § 62.23(7)(d)2, Wis. Stats., § NR 117, Wis. Adm. Code, and the following.
B. 
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 municipal planning agency.
C. 
All proposed text and map amendments to this chapter shall be referred to the municipal planning agency, and a public hearing shall be held after Class 2 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.
D. 
In order to insure that this chapter will remain consistent with the shoreland protection objectives of § 281.31, Wis. Stats., the municipal governing body 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.
E. 
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 D of this chapter, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
F. 
The appropriate district office of the Department shall be provided with:
(1) 
A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment within 10 days after the submission of those recommendations to the municipal governing body.
(2) 
Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
G. 
If the Department notifies the municipal planning agency, in writing, that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection D of this section, that proposed amendment, if approved by the municipal governing body, 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 F of this section. If within the thirty-day period the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality, as provided by § 62.231(6) or 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.
Any person who shall violate any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-1-5 of this Code. Section 62.23(8), Wis. Stats., shall also apply.
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. 
The following terms, as used in this chapter, shall have the following meanings:
ACCESSORY STRUCTURE OR USE
A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lots that of the principal structure or use.
BOATHOUSE
As defined in § 30.01(1d), Wis. Stats., means 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.
CLASS 2 PUBLIC NOTICE
Publication of a public hearing notice under Ch. 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.
CONDITIONAL USE
A use which is permitted by this chapter, provided that certain conditions specified in this chapter are met and that a permit is granted by the Board of Appeals or, where appropriate, the planning agency designated by the municipal governing body.
DEPARTMENT
The Wisconsin Department of Natural Resources.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagoon, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
DRAINAGE SYSTEM
One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
ENVIRONMENTAL CONTROL FACILITY
Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property, or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
FIXED HOUSEBOAT
As defined in § 30.01(1r), Wis. Stats., means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or studpoles attached to the bed of the waterway.
(1) 
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowage and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the law of this state. Under § 281.31(2)(d), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 61.351 or 62.231, Wis. Stats., and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches, if:
(a) 
Such lands are not adjacent to a natural navigable stream or river;
(b) 
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(c) 
Such lands are maintained in nonstructural agricultural use.
(2) 
Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.
ORDINARY HIGH-WATER MARK
The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
PLANNING AGENCY
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.
SHORELAND-WETLAND DISTRICT
The zoning district, created in this chapter, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this chapter.
SHORELANDS
Lands within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
UNNECESSARY HARDSHIP
That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.
VARIANCE
An authorization granted by the Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this chapter.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measure or dike and dam construction in a wetland area.
WETLANDS
Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
A. 
Statutory authorization, findings of fact, statement of purpose and title.
(1) 
Statutory authorization. This section is adopted pursuant to the authorization in §§ 62.23 and 62.233, Wis. Stats..
(2) 
Findings of fact and purpose. Uncontrolled use of shorelands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience and general welfare and impair the tax base. The Legislature of Wisconsin 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 structure in shoreland areas and restricting the removal of natural shoreland vegetation.
B. 
General provisions.
(1) 
Compliance. The use of shoreland within the shoreland area of the municipality shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.
(2) 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies.
(3) 
Abrogation and greater restrictions.
(a) 
This chapter supersedes all the provisions of any other applicable municipal ordinance except that, where another municipal ordinance is more restrictive than this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(b) 
This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(4) 
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.
(5) 
Severability. Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
(6) 
Applicability of Shoreland District regulations. The Shoreland Zoning District regulations apply only to a shoreland that was annexed by the City of Two Rivers after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stats. § 59.692.
(7) 
District boundaries. The Shoreland District areas regulated by this chapter shall include all the lands (referred to herein as shorelands) in the City of Two Rivers that are:
(a) 
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 (DNR) Surface Water Data Viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps.
(b) 
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.
(c) 
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.
(d) 
Pursuant to § 62.233, Wis. Stats., the Shoreland Zoning District does not include lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body.
(8) 
Effect of existing land division, sanitary, zoning and other regulations. The lands within the Shoreland Zoning District are subject to all applicable provisions of the City of Two Rivers Municipal Code. Where the provisions of this chapter are more restrictive than other regulations in the Municipal Code, the provisions of this chapter shall apply.
C. 
Setbacks from the water.
(1) 
Principal building setbacks.
(a) 
All principal buildings shall be set back at least 50 feet from the ordinary high-water mark.
(b) 
Adjustment of shore yards. A setback less than that required by Subsection C(1)(a) may be allowed if all of the following apply:
[1] 
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
[2] 
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.
(2) 
Accessory building setbacks and requirements.
(a) 
Within the viewing/access corridor, accessory buildings shall in be accord with the underlying zoning district, except for the following:
[1] 
Maximum of one per viewing/access corridor.
[2] 
Maximum of two per premises.
[3] 
Maximum size of 100 square feet.
[4] 
Maximum height of 12 feet.
[5] 
Minimum setback of 10 feet from the ordinary high-water mark.
[6] 
Shall not be used for human habitation or animal shelter.
[7] 
Shall not include boathouses.
(b) 
All other accessory buildings shall be in accord with the underlying zoning district, except for the following:
[1] 
Shall not be closer than 35 feet to the ordinary high-water mark.
[2] 
Shall not be used for human habitation or animal shelter.
[3] 
Shall not include boathouses.
D. 
Vegetative buffer zone. Pursuant to § 62.233, Wis. Stats., a landowner must maintain a vegetative buffer zone as follows:
(1) 
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 D(2).
(2) 
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.
(3) 
A person who is required to maintain or establish a vegetative buffer zone under Subsection D(1) may remove all of the vegetation in a part of that zone in order to establish a viewing/access corridor that is no greater than 30 feet wide for every 100 feet of shore frontage and extends no more than 35 feet inland from the ordinary high-water mark. Vegetation buffer for properties with less than 100 feet of shore frontage shall be calculated at 30% of shore frontage.
E. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PRINCIPAL BUILDING
The main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
SHORELAND SETBACK AREA
As given in § 59.692(1)(bn), Wis. Stats.
SHORELANDS
As given in § 59.692(1)(b), Wis. Stats.