This chapter is adopted pursuant to the authorization in W.S.A. ss. 62.23, 62.231, 87.30 and 144.26.
A. 
Findings of fact. Uncontrolled use of the shoreland-wetlands and the pollution of the navigable waters of the City of Manawa 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 further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and preserve shore cover and natural beauty.
B. 
Purpose. To promote the public health, safety, convenience and general welfare, this chapter has been established to:
(1) 
Further the maintenance of safe and healthful conditions.
(2) 
Prevent and control water pollution by filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters and to maintain stormwater and floodwater capacity.
(3) 
Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat.
(4) 
Prohibit certain uses detrimental to the shoreland-wetland area.
(5) 
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earthmoving activities.
This chapter shall be known as the "Shoreland-Wetland Zoning Ordinance/Chapter for the City of Manawa, Wisconsin."
A. 
For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
Words in the singular number include the plural number, and words in the plural number include the singular number.
(3) 
The word "shall" is mandatory, not permissive.
(4) 
All distances, unless otherwise specified, shall be measured horizontally.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
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 W.S.A. s. 30.121(1), a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed and have roofs or walls or any combination of structural parts.
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, excavating 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 W.S.A. s. 30.121(1), 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.
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. Under W.S.A. s. 144.26(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under W.S.A. s. 62.231 and Chapter NR 117 of the Wisconsin Administrative Code do not apply to lands adjacent to farm drainage ditches if:
(1) 
Such lands are not adjacent to a natural navigable stream or river;
(2) 
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(3) 
Such lands are maintained in nonstructural agricultural use.
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 characteristic.
PLANNING AGENCY
The City Plan Commission created under W.S.A. s. 62.23(1).
REGIONAL FLOOD
A flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur or be exceeded on a particular stream because of like physical characteristics once in every 100 years.
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 as described in § 301-11 of this chapter.
SPECIAL EXCEPTION or CONDITIONAL USE
A use which is permitted by this chapter, provided that certain conditions specified in the chapter are met and that a permit is granted by the Zoning Board of Appeals or, where appropriate, the planning agency designated by the Common Council.
UNNECESSARY HARDSHIP
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.
VARIANCE
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.
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.
The use of wetlands and the alteration of wetlands within the shoreland area of the City of Manawa shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see § 301-15 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.
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 W.S.A. s. 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when W.S.A. s. 30.12(4)(a) applies.
A. 
This chapter supersedes all the provisions of any municipal zoning ordinance enacted under W.S.A. s. 62.23 or 87.30, which relates to shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than the provisions contained in 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.
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 Chapter NR 117 of the Wisconsin Administrative Code and where the chapter provision 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 chapter or in effect on the date of the most recent text amendment to this chapter.
The Waupaca County shoreland zoning provisions in effect on the date of annexation remain in effect and shall be administered by the municipality for all areas annexed by the municipality after May 7, 1982. These annexed lands are described on the municipality's Official Zoning Map. The Waupaca County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Municipal Zoning Administrator.