[Amended 6-9-2014 by Ord. No. 617]
A.
Statutory authorization. This chapter is adopted pursuant to the authorization in §§ 61.35, 61.351, 61.353, 62.23 and 281.31, Wis. Stats.
B.
Findings of fact and purpose. Uncontrolled use of the shoreland-wetlands and shorelands, and pollution of the navigable waters of the 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 all municipalities to:
(1)
Promote the public health, safety, convenience and general welfare.
(2)
Maintain the storm- 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.
(6)
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth-moving activities.
[Amended 1-23-2006 by Ord. No. 489; 6-9-2014 by Ord. No. 617]
A.
Compliance. The use of wetlands and shorelands, and the alteration of wetlands within the shoreland area of the Village, shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. The provisions of this chapter are in addition to, and not instead of, the underlying zoning for the land and the Floodplain Zoning in Chapter 256. (See § 255-8 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 Department of Transportation may be exempt pursuant to § 30.2022, Wis. Stats.
C.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any Village zoning ordinance enacted under §§ 61.35, 62.23 or 87.30, Wis. Stats., which relate to shorelands in the Shoreland District and shoreland-wetlands, except that where another Village ordinance is more restrictive, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2)
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, shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a shoreland-wetland provision of this chapter is required by a standard in Wis. Admin. Code Ch. NR 117, and where the provision is unclear, the provision shall be interpreted in light of the Wis. Admin. Code Ch. NR 117 standards in effect on the date of the adoption of or 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 thereby.
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; 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 WATERMARK PLAN COMMISSION SHORELANDS SHORELAND-WETLAND DISTRICT UNNECESSARY HARDSHIP VARIANCE WETLAND ALTERATION WETLANDS
The following terms used in this chapter have the following meanings:
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 Wis. Stat. § 30.01(1d); a structure used for the storage of watercraft and associated materials, which has one or more walls or sides.
Publication of a public hearing notice under Wis. Stat. ch. 985, 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 this chapter are met and that a permit is granted by the Board of Appeals or, where appropriate, the Plan Commission designated by the Village Board.
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 Wis. Stat. § 30.01(1r); a structure not actually used for navigation which extends beyond the ordinary high watermark 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 Wis. Stat. § 281.31, notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stat. § 61.351 or 62.231 and Wis. Admin. Code ch. NR 117 do not apply to lands adjacent to farm drainage ditches if:
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) 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 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.
The Village Plan Commission created under Wis. Stat. § 62.23(1); a commission of the Village Board which acts on matters pertaining to planning and zoning.
Lands within the following distances from the ordinary high watermark 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 chapter, comprised of shorelands that are designated as wetlands on the wetland inventory maps which have been adopted and made a part of this chapter.
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.
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.
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.
[Amended 1-23-2006 by Ord. No. 489; 6-9-2014 by Ord. No. 617]
The following maps are hereby adopted and made part of this chapter and are on file in the office of the Village Clerk:
A.
Wisconsin Wetland maps shown on the Wisconsin Department of Natural Resources (DNR) Surface Water Data Viewer at http://dnr.wi.gov/topic/surfacewater/swdv/ (as may be amended from time to time) in effect on the date of the application for a permit under this Chapter.
B.
United States Geological Survey (USGS) 7.5-minute quadrangle maps that cover the Village of Waterford.
