- IN GENERAL1
State Law reference— Land use regulations generally, Wis. Stats. § 59.69.
(a)
Any person surveying in the county shall:
(1)
File copies of any survey with the county surveyor within 60 days after completion of the survey.
(2)
File with the county surveyor all information pertinent to section corners established if not recorded in the county surveyor's records at the time of the survey, including:
a.
Ties to the section corner.
b.
Monuments set, if any, at section corners.
c.
Information used to set section corners, if set.
d.
Copies of surveys filed with the county surveyor shall meet the minimum standards of the Wisconsin Administrative Code.
e.
Copies of surveys filed with the county surveyor will meet the standards of chapter 62.
(b)
Such filed material shall be made available to any person for review.
(c)
Whoever violates this section shall be subject to section 1-8.
(Code 2000, § 54-1)
(a)
The county board of supervisors may from time to time amend this article or district boundary lines in accordance with the procedures prescribed in Wis. Stats. § 59.69. At the time amendments are proposed, according to Wis. Stats. § 59.69, to the article text or district boundaries, the zoning committee shall hold a hearing thereon which shall be open to the public so any party concerned may appear in person, by agent, or by attorney. Subsequently, the zoning committee shall consider such requests and present a report to the county board of supervisors for their action.
(b)
Decisions on map and text amendments involving shorelands and shorelands-wetlands provisions shall be submitted to the department within ten days of county board action.
(Code 2000, § 38-640; Ord. of 3-19-2002, Art. XXXI)
Adequate notice shall be given of any public hearing required by the provisions of this chapter, stating the date, time, and place of such hearing and the purpose for which it is being held. Such hearings shall be published as a Class 2 notice under Wis. Stats. ch. 985. All such hearings shall be open to the public and be held in a place which is readily accessible to the general public so any party concerned may appear in person, by agent, or by attorney. Written notice shall be given to the department of natural resources office at least ten days prior to the hearing on proposed shoreland variances, conditional uses and appeals, for map or text interpretations. Public hearings shall be held to obtain information from the public and to increase public awareness.
(Code 2000, § 38-650; Ord. of 3-19-2002, Art. XXXII)
It is the intent of the county board that violations of this chapter be rectified by correction and to bring such violations into conformity with the requirements and provisions of this chapter.
(Code 2000, § 38-660; Ord. of 3-19-2002, Art. XXXIII, § 330)
Any person who violates, disobeys, neglects, fails, or refuses to comply with, any of the provisions of this chapter shall be subject to the provisions of the county citation ordinance. Each day a violation exists or continues shall constitute a separate offense. Under this chapter, the term "person" includes owners and renters or lessees of property, and also persons who are performing services regulated under this article. In addition to any forfeiture, the county is authorized to seek full compliance with the terms of this chapter and restoration or reparations for any environmental damage. Forfeitures shall be charged according to a schedule approved by the zoning committee. The schedule may be periodically adjusted by the zoning committee independent of the code amendment process.
(Code 2000, § 38-661; Ord. of 3-19-2002, Art. XXXIII, § 331; Res. No. 47-17, 6-20-2017; Res. No. 1-19, 2-19-2019)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A zones means those areas shown on the "Official Floodplain Zoning Map" (see below) which would be inundated by the "regional flood" zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
Accessory building means any building except the principle building on a lot or parcel, which is subordinate to the principle building. In the case of a home and detached garage on the same lot or parcel, the accessory building is the garage. No mobile home, travel trailer, recreational vehicle, truck or trailer van is to be used as an accessory building.
Accessory use means a use customarily incidental and subordinate to the principle use and on the same lot or parcel as the principle use.
Area variance means a modification to a dimensional, physical, or locational requirement such as the setback, frontage, height, bulk, or density restriction for a structure that is granted by the board of adjustments.
Boathouse means any structure located on the same lot or parcel as the principle building and used for the protecting and storing of boats for noncommercial purposes in conjunction with a residence.
Building means any structure used, designed, or intended for the protection, shelter, or roofed enclosure of person, animals, or property.
Building, height of, means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.
Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the department of natural resources pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this chapter.
Bunkhouse means freestanding one-story structure, accessory to the principal dwelling, that is equipped only for overflow sleeping and does not contain plumbing. Bunkhouses are subject to size limitations and regulations pursuant to the state uniform dwelling code.
Cabin means a single-story dwelling of simple wood frame construction which has a floor area of 600 square feet or less and has only limited plumbing fixtures.
Campground means a privately or municipality owned site, designated, maintained, intended, or used for the purpose of supplying a location for major recreation equipment/vehicles, open to the public for free or paying camping purposes.
Camping trailer means a canvas or folding structure mounted on wheels and designed for temporary living and housekeeping purposes.
Certificate of compliance means a certification issued by the zoning administrator stating that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.
Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
Conditional use means a use which is permitted by the ordinance, provided that certain conditions specified in this chapter are met and that a permit is granted by the zoning committee.
Customary home occupation means a gainful occupation conducted by members of the residence family only within such residence, where the space used is incidental to the residential use, and no article is sold or offered for sale except such as is produced by such home occupation. The maintenance of such occupation shall not detract from the character of the district.
Dam means any artificial barrier, together with appurtenant works, which does or may impound or divert water. See Wis. Stats. ch. 31 for department of natural resources permit requirements.
Department means the state department of natural resources.
Dependent recreational equipment/vehicle means a recreational vehicle which is dependent upon other facilities for toilet and lavatory.
Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities.
Dredging means the removal of bed materials from navigable waters. See Wis. Stats. § 30.20 for department of natural resources permit requirements.
Driveways means any traveled way used to provide vehicular access from the property line to the premises.
Dryland access means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
Dwelling means a building designed or used as the living quarters by one or more persons, including modular homes. For purposes of this chapter, dwellings may contain one or more dwelling units. Dwellings are not construed to include mobile homes.
Dwelling, multifamily, means a building or group of dwellings on one parcel containing more than two separate dwelling units. The facility may be designed for the sharing of some facilities and services.
Dwelling, two-family, means a building designed or used as the living quarters by one or more persons. Two-family dwellings contain two "dwelling units" that function independently of each other.
Dwelling unit means a single unit, containing one or more rooms, that provides complete independent living facilities for one or more persons. The term "dwelling unit" includes provisions for living, sleeping, eating, food preparation and sanitation. A typical single-family home is considered one dwelling unit. Accordingly, a duplex contains two dwelling units. For purposes of this chapter, improved areas within accessory structures are considered to be dwelling units if they meet this definition. Further, accessory structures (e.g., shop, garage) that contain only sanitary facilities are not considered dwelling units.
Enclosed habitable living space means a space measured by floor area, which is enclosed by walls (solid windows or screens) and covered by a roof, and is measured for each story of a multistory structure. For purposes of this chapter, three-season porches are considered to meet the definition of the term "enclosed habitable living space." Garages, unfinished basements and unfinished lofts are excluded.
Encroachment means any fill, structure, building, use or development in the floodway.
Enlargement of waterways means to construct, dredge, or do any work in development of a canal, channel, ditch, lagoon, pond, lake, or similar waterway. Enlargement of waters for the purpose of obtaining required permits from the department of natural resources is defined in Wis. Stats. § 30.19.
Environmental damage means the harming of wildlife or their habitat, including, but not limited to, fish, bird, animal, or plant life, or the degradation of the air, land, and waters within the state. While the definition of environmental damage is necessarily general and must be subjectively applied, it should be applied liberally in each case to protect the environment of the county.
Environmental pollution means the contaminating or rendering unclean or impure air, land, or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird animal, or plant life.
Essential services means services provided by public and private utilities necessary for the exercise of the principle use or service of the principle structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communications systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewer pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings. Essential services may also include road access to the property or buildings involved for ingress and egress.
Existing manufactured or mobile home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance from which this chapter is derived.
Expanded home occupation means home occupation that may involve persons other than the resident family and such occupation may be carried on other than within the confines of the home.
Expansion to existing mobile/manufactured home park means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be placed. This includes installation of utilities, either final site grading, pouring pads, or construction of streets.
Family means an individual, or two or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit.
Farming, general, means the production of field or truck crops, or the raising of livestock and livestock products for commercial gain.
Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program. This agency was previously known as the Federal Insurance Administration (FIA), or Department of Housing and Urban Development (HUD).
Fill means the placement or depositing of any material within or adjacent to the shorelands area. See Wis. Stats. § 30.12 for required state permits.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land area caused by:
(1)
The overflow or rise of inland waters;
(2)
The rapid accumulation or runoff of surface waters from any source;
(3)
The inundation caused by waves or current of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior;
(4)
The sudden increase caused by unusually highwater level in natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
Flood frequency means the probability of a flood occurrence. A flood frequency is generally determined from statistical analyses. The frequency of a particular flood event is usually express as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.
Flood hazard boundary map means a map prepared by FEMA designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A zones and do not contain floodway lines or regional flood elevations. Said map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program.
Flood insurance study means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and regional flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A zones. Flood insurance study maps form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of flood event to locations of land surface elevations along a stream or river.
Flood protection elevation means an elevation two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see Freeboard.)
Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
Floodfringe means that portion of the floodplain outside the floodway which is covered by floodwaters during the regional flood and generally associated with standing water rather than flowing water.
Floodplain means that land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.
Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
Floodplain management means the full range of public policy and action for insuring wise us of floodplains. It includes everything from the collection of dissemination of flood data to the acquisition of floodplain lands and the enactment and administration of codes, ordinances, and statutes for land use in the floodplain.
Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
Floor area means the area within the centerlines of the exterior walls of a building at the top of the foundation or basement wall; provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics and garages.
Freeboard means a flood protection elevation requirement designed as a safety factor which is usually expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for the effects of any factors that contribute to flood heights greater than those calculated. These factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodway, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and aggregation of the river or streambed.
Grading means filling over or removing topsoil or a combination of both. See Wis. Stats. § 30.19 for required state permits.
Guest cabin means a freestanding structure, or a portion thereof, accessory to the principal dwelling, that is equipped for overflow sleeping and may contain plumbing, provisions for sanitation and facilities for food preparation/storage. Guest cabins are subject to size limitations and regulations pursuant to the state uniform dwelling code.
Habitable buildings means any building or portion thereof used for human habitation.
Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985. Class 1 notice is the minimum required for appeals published once at least one week (seven days) before the hearing. Class 2 notice is the minimum required for all zoning ordinances and amendments including map amendments, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
High flood damage potential means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
Historic structure means any structure that is:
(1)
Listed individually in the National Register of Historic Places or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a.
By an approved state program, as determined by the Secretary of the Interior; or
b.
Directly by the Secretary of the Interior in states without approved programs.
Human habitation means a human residence or dwelling.
Increase in regional flood height means a calculated upward rise in the regional flood elevation, equal to or greater than 0.02 foot, resulting comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variable such as roughness factors, expansion and contraction coefficients and discharge.
Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling of dogs.
Kitchen means a room, or part thereof, utilized for the storage, cooking or preparation of food.
Lagoon means an artificially constructed waterway connected to or associated with a navigable water.
Land, natural and essential character of, means the special values that lands in their natural state provide or produce in public benefit, which may be sensitive to or intolerant of manmade changes.
Land use means any nonstructural use made of unimproved or improved real estate. (Also see Development.)
Lot means any description of land that is within a recorded plat.
Lot, depth of, means a horizontal distance between the front and rear lot lines, measured in general direction of its side lot lines.
Lot, width of, means the mean width measured at right angles to its depth.
Lot lines means any line dividing one lot from another.
Major recreational equipment/vehicles means a travel trailer, pickup coach, motor home, camping trailer, or tent which is either dependent and/or self-contained.
Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. For the purpose of this chapter, it does not include recreational vehicles or travel trailers which remain licensed and ready for highway use and providing they remain on site less than 180 days.
Marsh means deep marshes are permanently water covered, while shallow marshes may be dry or intermittently water covered. Marshes may occur in basins or at the sites of former lakes, or may be a part of adjoining to a navigable lake or surface water.
Mine means a place commonly excavated from which ores, precious stone, gravel, etc., are taken by digging, washing the soil, etc.
Mobile home means a unit capable of long-term occupancy which does not require substantial on-side fabrication and which is or was as originally constructed; designed to be transported by any motor vehicle upon public highway, and designed, equipped, and used primarily for sleeping, eating, and living quarters, or is intended to be so used; and which can be moved on its own axle and wheels or by similar means to a site, parcel or lot. The term "mobile home" does not include recreational vehicles or travel trailers which remain licensed and ready for highway use and providing they remain on site less than 180 days.
Mobile home park means an area on which is provided the required space for accommodation of mobile homes together with necessary accessory buildings, driveways, screenings, and other required adjuncts. Two or more mobile homes shall constitute a park whether or not a fee is charged.
Motorhome means a portable structure constructed as an integral park of a self-propelled vehicle designed and used for temporary living and housekeeping purposes. Including school bus conversions and vans.
NGVD or National Geodetic Vertical Datum. Elevations referenced to mean sea level datum, 1929 adjustment.
Natural resources means land, water, air, and the associated minerals and plant and animal life.
Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within the state, and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of the state, including the state portion of boundary waters which are navigable under the laws of state. Under Wis. Stats. § 281.31, notwithstanding any other provision of the law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 59.692, and Wis. Admin. Code ch. NR 115, do not apply to lands adjacent to farm drainage ditches if:
(1)
Such lands are not adjacent to a navigable river or stream;
(2)
Those parts of such drainage ditches adjacent to such land were not navigable streams before ditching; and
(3)
Such lands are maintained in nonstructural agricultural use.
All ponds and streams designated as permanent or intermittent on U.S.G.S. quadrangle maps are assumed to be navigable unless field verification by the department of natural resources determine otherwise.
Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter, or for the area of the floodplain which it occupies. (For example: An existing residential structure in the floodfringe district is a conforming use, however, if the first floor is lower than the flood protection elevation, the structure is nonconforming.)
Nonconforming use means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this chapter or for the area of the floodplain it occupies (such as a residence in the floodway).
Obstruction to flow means any development which physically blocks the conveyance of floodwaters such that this development by itself or in conjunction with any future similar development will cause an increase in regional flood height.
Official floodplain zoning map means that map described in section 38-926, which has been approved by the department of natural resources and FEMA.
Open space use means those uses having a relatively low flood damage potential and not involving structures.
Ordinary highwater mark means that point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetations, predominance of aquatic vegetation, or other easily recognized characteristics. Where the bank or shore at any particular place is of such a character that it is impossible or difficult to ascertain where the point of ordinary highwater mark is, recourse may be had to other places on the bank or shore of the same body of water to determine whether a given stage of water is at, above or below the ordinary highwater mark.
Parcel means any description of land that is not within a recorded plat, and can be a platted lot, government lot, or a quarter section.
Pickup coach means a structure designed to be mounted on a truck chassis for use as temporary living and housekeeping purposes.
Private sewage system means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. The term "private sewage system" also means an alternative sewage system approved by the department of industry, labor and human relations including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
Public utilities means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
Quarry means an open excavation, usually for obtaining building stone, such as slate or limestone.
Regional flood means a flood determined to be representative of large floods known to have occurred in the state or which may be expected to occur on a particular lake, river or stream once in every 100 years.
Salvage junkyard means an area consisting of buildings, structures or a premises where junk, waste, discarded or salvaged materials are brought, sold, exchanged, baled, packed, disassembled or handled, including automobile wrecking yards. For purposes of this chapter, a premises is said to meet this definition if it contains more than two unlicensed or inoperable motor vehicles. Note: No parcel may contain more than two inoperable or unlicensed motor vehicles unless the property is zoned for a use involving auto salvage and/or motor vehicle repair. Such uses are allowed in residential agriculture, agriculture, forestry and commercial highway districts with a conditional use permit, and are a permitted use in commercial and industrial districts.
Self-contained recreational vehicles means a recreational vehicle which can operate independent of connections to sewer, water, and electric system. Water storage and sewage holding tanks are located within the vehicle.
Sign means any structure or natural object or park thereof or device attached thereto or printed or represented thereon which is intended to attract attention to any object, product, place, activity, person, institution, organization, or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as or which is in the nature of an announcement, direction, or advertisement.
Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, streambed or lakebed, which includes, but is not limited to, such objects as roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
Substantial improvement means any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term "substantial improvement" does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
(2)
Any alteration of a structure or site documented as deserving preservation by the state historical society, or listed on the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
Surface water means all streams, springs, ponds, impounding reservoirs, marshes, watercourses, drainageways, and other surface water, natural or artificial, public and private, which are not defined as navigable waters.
Tent means a portable lodge of canvas or strong cloth stretched and supported by poles.
Travel trailer means a portable vehicle less than ten feet wide by 50 feet long designed and used for temporary living and housekeeping purposes.
Unnecessary hardship means that circumstances 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 purposes of this chapter.
Use, accessory, means the use customarily incidental to the principle use and on the same lot as the principle use.
Use, principle, means the primary use of a property or structure.
Use, seasonal, means a use which is undertaken for a total of less than six months out of any given year. In the case of a seasonal residence, it would not be necessary to provide services such as school busing, mail carriers, and town or county snow removal.
Use variance means an authorization by the board of for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning ordinance.
Used or occupied, as applied to any land or building, shall be construed to include intended, arranged, or designed to be used or occupied.
Variance means an authorization granted by the board of adjustments to construct, alter, or use a building or structure in a manner that deviates from the dimensional standards of this chapter, and where hardship exists; or for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards contained in the floodplain zoning section.
Water surface profile means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
Watershed means the entire region or area contributing runoff or surface water to a particular watercourse or body of water.
Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, for the purpose of obtaining groundwater regardless of its intended use.
Wetlands means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions.
Yard, front, means an open unoccupied space on the same lot with the building between the front line of the building and the front line of the lot, and extending the full width of the lot.
Yard, rear, means an open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot, and extending the full width of the lot.
Yard, side, means an open unoccupied space on the same lot with the building situated between the building and the side line of the lot, and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
(Code 2000, § 38-670; Ord. of 3-19-2002, Art. XXXIV; Res. No. 64-10, 7-27-2010; Res. No. 25-15, 3-24-2015; Res. No. 47-17, 6-20-2017; Res. No. 1-19, 2-19-2019)
- IN GENERAL1
State Law reference— Land use regulations generally, Wis. Stats. § 59.69.
(a)
Any person surveying in the county shall:
(1)
File copies of any survey with the county surveyor within 60 days after completion of the survey.
(2)
File with the county surveyor all information pertinent to section corners established if not recorded in the county surveyor's records at the time of the survey, including:
a.
Ties to the section corner.
b.
Monuments set, if any, at section corners.
c.
Information used to set section corners, if set.
d.
Copies of surveys filed with the county surveyor shall meet the minimum standards of the Wisconsin Administrative Code.
e.
Copies of surveys filed with the county surveyor will meet the standards of chapter 62.
(b)
Such filed material shall be made available to any person for review.
(c)
Whoever violates this section shall be subject to section 1-8.
(Code 2000, § 54-1)
(a)
The county board of supervisors may from time to time amend this article or district boundary lines in accordance with the procedures prescribed in Wis. Stats. § 59.69. At the time amendments are proposed, according to Wis. Stats. § 59.69, to the article text or district boundaries, the zoning committee shall hold a hearing thereon which shall be open to the public so any party concerned may appear in person, by agent, or by attorney. Subsequently, the zoning committee shall consider such requests and present a report to the county board of supervisors for their action.
(b)
Decisions on map and text amendments involving shorelands and shorelands-wetlands provisions shall be submitted to the department within ten days of county board action.
(Code 2000, § 38-640; Ord. of 3-19-2002, Art. XXXI)
Adequate notice shall be given of any public hearing required by the provisions of this chapter, stating the date, time, and place of such hearing and the purpose for which it is being held. Such hearings shall be published as a Class 2 notice under Wis. Stats. ch. 985. All such hearings shall be open to the public and be held in a place which is readily accessible to the general public so any party concerned may appear in person, by agent, or by attorney. Written notice shall be given to the department of natural resources office at least ten days prior to the hearing on proposed shoreland variances, conditional uses and appeals, for map or text interpretations. Public hearings shall be held to obtain information from the public and to increase public awareness.
(Code 2000, § 38-650; Ord. of 3-19-2002, Art. XXXII)
It is the intent of the county board that violations of this chapter be rectified by correction and to bring such violations into conformity with the requirements and provisions of this chapter.
(Code 2000, § 38-660; Ord. of 3-19-2002, Art. XXXIII, § 330)
Any person who violates, disobeys, neglects, fails, or refuses to comply with, any of the provisions of this chapter shall be subject to the provisions of the county citation ordinance. Each day a violation exists or continues shall constitute a separate offense. Under this chapter, the term "person" includes owners and renters or lessees of property, and also persons who are performing services regulated under this article. In addition to any forfeiture, the county is authorized to seek full compliance with the terms of this chapter and restoration or reparations for any environmental damage. Forfeitures shall be charged according to a schedule approved by the zoning committee. The schedule may be periodically adjusted by the zoning committee independent of the code amendment process.
(Code 2000, § 38-661; Ord. of 3-19-2002, Art. XXXIII, § 331; Res. No. 47-17, 6-20-2017; Res. No. 1-19, 2-19-2019)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A zones means those areas shown on the "Official Floodplain Zoning Map" (see below) which would be inundated by the "regional flood" zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
Accessory building means any building except the principle building on a lot or parcel, which is subordinate to the principle building. In the case of a home and detached garage on the same lot or parcel, the accessory building is the garage. No mobile home, travel trailer, recreational vehicle, truck or trailer van is to be used as an accessory building.
Accessory use means a use customarily incidental and subordinate to the principle use and on the same lot or parcel as the principle use.
Area variance means a modification to a dimensional, physical, or locational requirement such as the setback, frontage, height, bulk, or density restriction for a structure that is granted by the board of adjustments.
Boathouse means any structure located on the same lot or parcel as the principle building and used for the protecting and storing of boats for noncommercial purposes in conjunction with a residence.
Building means any structure used, designed, or intended for the protection, shelter, or roofed enclosure of person, animals, or property.
Building, height of, means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.
Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the department of natural resources pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this chapter.
Bunkhouse means freestanding one-story structure, accessory to the principal dwelling, that is equipped only for overflow sleeping and does not contain plumbing. Bunkhouses are subject to size limitations and regulations pursuant to the state uniform dwelling code.
Cabin means a single-story dwelling of simple wood frame construction which has a floor area of 600 square feet or less and has only limited plumbing fixtures.
Campground means a privately or municipality owned site, designated, maintained, intended, or used for the purpose of supplying a location for major recreation equipment/vehicles, open to the public for free or paying camping purposes.
Camping trailer means a canvas or folding structure mounted on wheels and designed for temporary living and housekeeping purposes.
Certificate of compliance means a certification issued by the zoning administrator stating that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.
Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
Conditional use means a use which is permitted by the ordinance, provided that certain conditions specified in this chapter are met and that a permit is granted by the zoning committee.
Customary home occupation means a gainful occupation conducted by members of the residence family only within such residence, where the space used is incidental to the residential use, and no article is sold or offered for sale except such as is produced by such home occupation. The maintenance of such occupation shall not detract from the character of the district.
Dam means any artificial barrier, together with appurtenant works, which does or may impound or divert water. See Wis. Stats. ch. 31 for department of natural resources permit requirements.
Department means the state department of natural resources.
Dependent recreational equipment/vehicle means a recreational vehicle which is dependent upon other facilities for toilet and lavatory.
Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities.
Dredging means the removal of bed materials from navigable waters. See Wis. Stats. § 30.20 for department of natural resources permit requirements.
Driveways means any traveled way used to provide vehicular access from the property line to the premises.
Dryland access means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
Dwelling means a building designed or used as the living quarters by one or more persons, including modular homes. For purposes of this chapter, dwellings may contain one or more dwelling units. Dwellings are not construed to include mobile homes.
Dwelling, multifamily, means a building or group of dwellings on one parcel containing more than two separate dwelling units. The facility may be designed for the sharing of some facilities and services.
Dwelling, two-family, means a building designed or used as the living quarters by one or more persons. Two-family dwellings contain two "dwelling units" that function independently of each other.
Dwelling unit means a single unit, containing one or more rooms, that provides complete independent living facilities for one or more persons. The term "dwelling unit" includes provisions for living, sleeping, eating, food preparation and sanitation. A typical single-family home is considered one dwelling unit. Accordingly, a duplex contains two dwelling units. For purposes of this chapter, improved areas within accessory structures are considered to be dwelling units if they meet this definition. Further, accessory structures (e.g., shop, garage) that contain only sanitary facilities are not considered dwelling units.
Enclosed habitable living space means a space measured by floor area, which is enclosed by walls (solid windows or screens) and covered by a roof, and is measured for each story of a multistory structure. For purposes of this chapter, three-season porches are considered to meet the definition of the term "enclosed habitable living space." Garages, unfinished basements and unfinished lofts are excluded.
Encroachment means any fill, structure, building, use or development in the floodway.
Enlargement of waterways means to construct, dredge, or do any work in development of a canal, channel, ditch, lagoon, pond, lake, or similar waterway. Enlargement of waters for the purpose of obtaining required permits from the department of natural resources is defined in Wis. Stats. § 30.19.
Environmental damage means the harming of wildlife or their habitat, including, but not limited to, fish, bird, animal, or plant life, or the degradation of the air, land, and waters within the state. While the definition of environmental damage is necessarily general and must be subjectively applied, it should be applied liberally in each case to protect the environment of the county.
Environmental pollution means the contaminating or rendering unclean or impure air, land, or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird animal, or plant life.
Essential services means services provided by public and private utilities necessary for the exercise of the principle use or service of the principle structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communications systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewer pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings. Essential services may also include road access to the property or buildings involved for ingress and egress.
Existing manufactured or mobile home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance from which this chapter is derived.
Expanded home occupation means home occupation that may involve persons other than the resident family and such occupation may be carried on other than within the confines of the home.
Expansion to existing mobile/manufactured home park means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be placed. This includes installation of utilities, either final site grading, pouring pads, or construction of streets.
Family means an individual, or two or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit.
Farming, general, means the production of field or truck crops, or the raising of livestock and livestock products for commercial gain.
Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program. This agency was previously known as the Federal Insurance Administration (FIA), or Department of Housing and Urban Development (HUD).
Fill means the placement or depositing of any material within or adjacent to the shorelands area. See Wis. Stats. § 30.12 for required state permits.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land area caused by:
(1)
The overflow or rise of inland waters;
(2)
The rapid accumulation or runoff of surface waters from any source;
(3)
The inundation caused by waves or current of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior;
(4)
The sudden increase caused by unusually highwater level in natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
Flood frequency means the probability of a flood occurrence. A flood frequency is generally determined from statistical analyses. The frequency of a particular flood event is usually express as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.
Flood hazard boundary map means a map prepared by FEMA designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A zones and do not contain floodway lines or regional flood elevations. Said map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program.
Flood insurance study means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and regional flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A zones. Flood insurance study maps form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of flood event to locations of land surface elevations along a stream or river.
Flood protection elevation means an elevation two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see Freeboard.)
Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
Floodfringe means that portion of the floodplain outside the floodway which is covered by floodwaters during the regional flood and generally associated with standing water rather than flowing water.
Floodplain means that land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.
Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
Floodplain management means the full range of public policy and action for insuring wise us of floodplains. It includes everything from the collection of dissemination of flood data to the acquisition of floodplain lands and the enactment and administration of codes, ordinances, and statutes for land use in the floodplain.
Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
Floor area means the area within the centerlines of the exterior walls of a building at the top of the foundation or basement wall; provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics and garages.
Freeboard means a flood protection elevation requirement designed as a safety factor which is usually expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for the effects of any factors that contribute to flood heights greater than those calculated. These factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodway, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and aggregation of the river or streambed.
Grading means filling over or removing topsoil or a combination of both. See Wis. Stats. § 30.19 for required state permits.
Guest cabin means a freestanding structure, or a portion thereof, accessory to the principal dwelling, that is equipped for overflow sleeping and may contain plumbing, provisions for sanitation and facilities for food preparation/storage. Guest cabins are subject to size limitations and regulations pursuant to the state uniform dwelling code.
Habitable buildings means any building or portion thereof used for human habitation.
Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985. Class 1 notice is the minimum required for appeals published once at least one week (seven days) before the hearing. Class 2 notice is the minimum required for all zoning ordinances and amendments including map amendments, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
High flood damage potential means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
Historic structure means any structure that is:
(1)
Listed individually in the National Register of Historic Places or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a.
By an approved state program, as determined by the Secretary of the Interior; or
b.
Directly by the Secretary of the Interior in states without approved programs.
Human habitation means a human residence or dwelling.
Increase in regional flood height means a calculated upward rise in the regional flood elevation, equal to or greater than 0.02 foot, resulting comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variable such as roughness factors, expansion and contraction coefficients and discharge.
Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling of dogs.
Kitchen means a room, or part thereof, utilized for the storage, cooking or preparation of food.
Lagoon means an artificially constructed waterway connected to or associated with a navigable water.
Land, natural and essential character of, means the special values that lands in their natural state provide or produce in public benefit, which may be sensitive to or intolerant of manmade changes.
Land use means any nonstructural use made of unimproved or improved real estate. (Also see Development.)
Lot means any description of land that is within a recorded plat.
Lot, depth of, means a horizontal distance between the front and rear lot lines, measured in general direction of its side lot lines.
Lot, width of, means the mean width measured at right angles to its depth.
Lot lines means any line dividing one lot from another.
Major recreational equipment/vehicles means a travel trailer, pickup coach, motor home, camping trailer, or tent which is either dependent and/or self-contained.
Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. For the purpose of this chapter, it does not include recreational vehicles or travel trailers which remain licensed and ready for highway use and providing they remain on site less than 180 days.
Marsh means deep marshes are permanently water covered, while shallow marshes may be dry or intermittently water covered. Marshes may occur in basins or at the sites of former lakes, or may be a part of adjoining to a navigable lake or surface water.
Mine means a place commonly excavated from which ores, precious stone, gravel, etc., are taken by digging, washing the soil, etc.
Mobile home means a unit capable of long-term occupancy which does not require substantial on-side fabrication and which is or was as originally constructed; designed to be transported by any motor vehicle upon public highway, and designed, equipped, and used primarily for sleeping, eating, and living quarters, or is intended to be so used; and which can be moved on its own axle and wheels or by similar means to a site, parcel or lot. The term "mobile home" does not include recreational vehicles or travel trailers which remain licensed and ready for highway use and providing they remain on site less than 180 days.
Mobile home park means an area on which is provided the required space for accommodation of mobile homes together with necessary accessory buildings, driveways, screenings, and other required adjuncts. Two or more mobile homes shall constitute a park whether or not a fee is charged.
Motorhome means a portable structure constructed as an integral park of a self-propelled vehicle designed and used for temporary living and housekeeping purposes. Including school bus conversions and vans.
NGVD or National Geodetic Vertical Datum. Elevations referenced to mean sea level datum, 1929 adjustment.
Natural resources means land, water, air, and the associated minerals and plant and animal life.
Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within the state, and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of the state, including the state portion of boundary waters which are navigable under the laws of state. Under Wis. Stats. § 281.31, notwithstanding any other provision of the law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 59.692, and Wis. Admin. Code ch. NR 115, do not apply to lands adjacent to farm drainage ditches if:
(1)
Such lands are not adjacent to a navigable river or stream;
(2)
Those parts of such drainage ditches adjacent to such land were not navigable streams before ditching; and
(3)
Such lands are maintained in nonstructural agricultural use.
All ponds and streams designated as permanent or intermittent on U.S.G.S. quadrangle maps are assumed to be navigable unless field verification by the department of natural resources determine otherwise.
Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter, or for the area of the floodplain which it occupies. (For example: An existing residential structure in the floodfringe district is a conforming use, however, if the first floor is lower than the flood protection elevation, the structure is nonconforming.)
Nonconforming use means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this chapter or for the area of the floodplain it occupies (such as a residence in the floodway).
Obstruction to flow means any development which physically blocks the conveyance of floodwaters such that this development by itself or in conjunction with any future similar development will cause an increase in regional flood height.
Official floodplain zoning map means that map described in section 38-926, which has been approved by the department of natural resources and FEMA.
Open space use means those uses having a relatively low flood damage potential and not involving structures.
Ordinary highwater mark means that point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetations, predominance of aquatic vegetation, or other easily recognized characteristics. Where the bank or shore at any particular place is of such a character that it is impossible or difficult to ascertain where the point of ordinary highwater mark is, recourse may be had to other places on the bank or shore of the same body of water to determine whether a given stage of water is at, above or below the ordinary highwater mark.
Parcel means any description of land that is not within a recorded plat, and can be a platted lot, government lot, or a quarter section.
Pickup coach means a structure designed to be mounted on a truck chassis for use as temporary living and housekeeping purposes.
Private sewage system means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. The term "private sewage system" also means an alternative sewage system approved by the department of industry, labor and human relations including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
Public utilities means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
Quarry means an open excavation, usually for obtaining building stone, such as slate or limestone.
Regional flood means a flood determined to be representative of large floods known to have occurred in the state or which may be expected to occur on a particular lake, river or stream once in every 100 years.
Salvage junkyard means an area consisting of buildings, structures or a premises where junk, waste, discarded or salvaged materials are brought, sold, exchanged, baled, packed, disassembled or handled, including automobile wrecking yards. For purposes of this chapter, a premises is said to meet this definition if it contains more than two unlicensed or inoperable motor vehicles. Note: No parcel may contain more than two inoperable or unlicensed motor vehicles unless the property is zoned for a use involving auto salvage and/or motor vehicle repair. Such uses are allowed in residential agriculture, agriculture, forestry and commercial highway districts with a conditional use permit, and are a permitted use in commercial and industrial districts.
Self-contained recreational vehicles means a recreational vehicle which can operate independent of connections to sewer, water, and electric system. Water storage and sewage holding tanks are located within the vehicle.
Sign means any structure or natural object or park thereof or device attached thereto or printed or represented thereon which is intended to attract attention to any object, product, place, activity, person, institution, organization, or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as or which is in the nature of an announcement, direction, or advertisement.
Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, streambed or lakebed, which includes, but is not limited to, such objects as roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
Substantial improvement means any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term "substantial improvement" does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
(2)
Any alteration of a structure or site documented as deserving preservation by the state historical society, or listed on the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
Surface water means all streams, springs, ponds, impounding reservoirs, marshes, watercourses, drainageways, and other surface water, natural or artificial, public and private, which are not defined as navigable waters.
Tent means a portable lodge of canvas or strong cloth stretched and supported by poles.
Travel trailer means a portable vehicle less than ten feet wide by 50 feet long designed and used for temporary living and housekeeping purposes.
Unnecessary hardship means that circumstances 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 purposes of this chapter.
Use, accessory, means the use customarily incidental to the principle use and on the same lot as the principle use.
Use, principle, means the primary use of a property or structure.
Use, seasonal, means a use which is undertaken for a total of less than six months out of any given year. In the case of a seasonal residence, it would not be necessary to provide services such as school busing, mail carriers, and town or county snow removal.
Use variance means an authorization by the board of for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning ordinance.
Used or occupied, as applied to any land or building, shall be construed to include intended, arranged, or designed to be used or occupied.
Variance means an authorization granted by the board of adjustments to construct, alter, or use a building or structure in a manner that deviates from the dimensional standards of this chapter, and where hardship exists; or for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards contained in the floodplain zoning section.
Water surface profile means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
Watershed means the entire region or area contributing runoff or surface water to a particular watercourse or body of water.
Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, for the purpose of obtaining groundwater regardless of its intended use.
Wetlands means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions.
Yard, front, means an open unoccupied space on the same lot with the building between the front line of the building and the front line of the lot, and extending the full width of the lot.
Yard, rear, means an open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot, and extending the full width of the lot.
Yard, side, means an open unoccupied space on the same lot with the building situated between the building and the side line of the lot, and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
(Code 2000, § 38-670; Ord. of 3-19-2002, Art. XXXIV; Res. No. 64-10, 7-27-2010; Res. No. 25-15, 3-24-2015; Res. No. 47-17, 6-20-2017; Res. No. 1-19, 2-19-2019)