The following terms used in this chapter shall have the
following meaning:
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 lot as that of the
principal structure or use.
BOATHOUSE
As defined in § 30.01(1d), Wis. Stats., a structure used
for the storage of watercraft and associated materials which has one or more
walls or sides.
CLASS 2 PUBLIC NOTICE
A 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 ordinance provided that certain conditions
specified in the ordinance are met and that a permit is granted by the Plan
Commission.
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, lagooning, 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 BOATHOUSE
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.
NAVIGABLE WATERS
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.
(1)
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 62.221, Wis. Stats., and Ch.
NR 117, Wis. Adm. Code, do not apply to the 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)
The Wisconsin 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 Recourses, 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.
ORDINARY HIGH-WATER MARK
The point on the bank or shore up to which the presence and action
of the 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 characteristic.
PLANNING AGENCY
The City Plan Commission created under § 62.23(1), Wis.
Stats.
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.
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.
UNNECESSARY HARDSHIP
Circumstances where special conditions, which are 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 purpose of this chapter.
VARIANCE
An authorization granted by the Board of Zoning Appeals to construct
or alter a building or structure in a manner that deviates from dimensional
standards of this chapter.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, ditching, tiling, excavating,
temporary water level stabilization measures 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.