The ordinance from which this article is derived is adopted pursuant to the authorization in Wis. Stats. § 59.692 to implement Wis. Stats. §§ 59.692 and 281.31.

(Ord. No. 2022-12, § 11.10(a)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(a)(1), 8-8-2023)

Uncontrolled use of the shorelands and pollution of the navigable waters of the county will adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The state legislature has delegated responsibility to the counties to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, regulate the placement of structures and land uses; and preserve shore cover and natural beauty. This responsibility is hereby recognized by the county.

(Ord. No. 2022-12, § 11.10(a)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(a)(2), 8-8-2023)

For the purpose of promoting the public health, safety, convenience, and welfare, and to promote and protect the public trust in navigable waters, this article has been established to:

(1)

Further the maintenance of safe and healthful conditions and prevent and control water pollution through:

a.

Limiting structures to those areas where soil and geological conditions will provide a safe foundation.

b.

Establishing minimum lot sizes to provide adequate area for private on-site waste treatment systems.

c.

Controlling filling and grading to prevent soil erosion problems.

d.

Limiting impervious surfaces to control runoff which carries pollutants.

(2)

Protect spawning grounds, fish and aquatic life through:

a.

Preserving wetlands and other fish and aquatic habitat.

b.

Regulating pollution sources.

c.

Controlling shoreline alterations, dredging and lagooning.

(3)

Control building sites, placement of structures, and land uses through:

a.

Prohibiting certain uses detrimental to the shoreland-wetlands.

b.

Setting minimum lot sizes and widths.

c.

Setting minimum building setbacks from waterways.

d.

Setting the maximum height of near-shore structures.

(4)

Preserve and restore shoreland vegetation and natural scenic beauty through:

a.

Restricting the removal of natural shoreland cover.

b.

Preventing shoreline encroachment by structures.

c.

Controlling shoreland excavation and other earth-moving activities.

d.

Regulating the use and placement of boathouses and other structures.

(Ord. No. 2022-12, § 11.10(a)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(a)(3), 8-8-2023)

(a)

For the purpose of administering and enforcing this article, all distances unless otherwise specified shall be measured horizontally.

(b)

In addition to the definitions in section 22-7, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Access and viewing corridor means a strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone.

Accessory structure means a subordinate structure on the same property as the principal structure which is devoted to a use incidental to the principal use of the property. Accessory structures include, but are not limited to, detached garages, sheds, barns, gazebos, patios, decks, swimming pools, hot tubs, fences, retaining walls, driveways, parking lots, sidewalks, detached stairways and lifts. The term "accessory structure" means any facility, structure, building or use which is accessory or incidental to the principal use of the property, structure, or building.

Boathouse means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of these structural parts.

Building envelope means the three-dimensional space within which a structure is built.

Conditional use means 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 adjustment or, where appropriate, the planning and zoning committee or county board.

County zoning agency means that committee or commission created or designated by the county board under Wis. Stats. § 59.69(2)(a), to act in all matters pertaining to county planning and zoning.

Department means the department of natural resources.

Development means any artificial 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 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.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Existing development pattern means that principal structures exist within 250 feet of a proposed principal structure in both directions along the shoreline.

Floodplain means the land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe as those terms are defined in Wis. Admin. Code ch. NR 116.

Footprint means the land area covered by a structure at ground level measured on a horizontal plane. The footprint of a residence or building includes the horizontal plane bounded by the furthest exterior wall and eave if present, projected to natural grade. For structures without walls (decks, stairways, patios, carports), the term "footprint" means a single horizontal plane bounded by the furthest portion of the structure projected to natural grade. Note: For the purposes of replacing or reconstructing a nonconforming building with walls, the footprint shall not be expanded by enclosing the area that is located within the horizontal plane from the exterior wall to the eaves projected to natural grade. This constitutes a lateral expansion under Wis. Admin. Code ch. NR 115 and would need to follow Wis. Admin. Code § NR 115.05(1)(g)5.

Generally accepted forestry management practices means forestry management practices that promote sound management of a forest. Generally accepted forestry management practices include those practices contained in the most recent version of the department publication known as Wisconsin Forest Management Guidelines and identified as PUB FR-226.

Impervious surface means an area that releases as runoff all or a majority of the precipitation that falls on it. The term "impervious surface" excludes frozen soil but includes rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. Roadways as defined in Wis. Stats. § 340.01(54) or sidewalks as defined in Wis. Stats. § 340.01(58) are not to be calculated as impervious surfaces.

Lot means a continuous parcel of land, not divided by a public right-of-way, and sufficient in size to meet the lot width and lot area provisions of this chapter.

Lot area means the area of a horizontal plane bounded by the front, side, and rear lot lines of a lot, but not including the area of any land below the ordinary high-water mark of navigable waters.

Lot of record means any lot, the description of which is properly recorded with the register of deeds which, at the time of its recordation, complied with all applicable laws, ordinances, and regulations.

Mitigation means balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities.

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 the state. Under Wis. Stats. § 281.31(2)(d), notwithstanding any other provision of 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:

(1)

Farm drainage ditches where such lands are not adjacent to a natural navigable stream or river and such lands were not navigable streams before ditching; and

(2)

Artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.

Ordinary high-water mark means 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.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur on a particular stream because of like physical characteristics, once in every 100 years.

Routine maintenance of vegetation means normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance.

Shoreland means 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 setback, also known as the "shoreland setback area" in Wis. Stats. § 59.692(1)(bn), means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of structures has been limited or prohibited under an ordinance enacted under Wis. Stats. § 59.692.

Shoreland-wetland district means a zoning district, created as a part of a county zoning ordinance, comprised of shorelands that are designated as wetlands on the state wetland inventory maps prepared by the department.

Structure means a principal structure or any accessory structure, including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch, or fire pit.

Substandard lots means a legally created lot or parcel that met minimum area and minimum average width requirements when created but does not meet current lot size requirements for a new lot.

Unnecessary hardship means that circumstance where special conditions, which were not self created, affect a particular property, and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

Variance means an authorization granted by the board of adjustment to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this chapter.

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.

(Ord. No. 2022-12, § 11.10(r), 10-11-2022; Ord. No. 2023-10, § 11.10(r), 8-8-2023)

Areas regulated by this article shall include all the lands (referred to herein as shorelands) in the unincorporated areas of the county which are:

(1)

Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Lakes, ponds or flowages in the county shall be presumed to be navigable if they are listed in the state department of natural resources publication FH-800 2009 "Wisconsin Lakes" book available electronically at the following web site: http://dnr.wi.gov/lakes/lakebook/wilakes2009bma.pdf or are shown on United States Geological Survey quadrangle maps (1:24,000 scale), or other zoning base maps.

(2)

Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams in the county shall be presumed to be navigable if they are designated as perennial waterways or intermittent waterways on United States Geological Survey quadrangle maps (1:24,000 scale). Flood hazard boundary maps, flood insurance rate maps, flood boundary floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.

(3)

The provisions of this article apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties and, when Wis. Stats. § 13.48 (13) applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the state department of transportation is not subject to local shoreland zoning ordinances if Wis. Stats. § 30.2022(1m) applies (NR 115.02). Shoreland zoning requirements in annexed or incorporated areas are provided in Wis. Stats. §§ 61.353 and 62.233.

(4)

Lands under Wis. Stats. § 281.31(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, shall not be affected by this article and shall not apply to:

a.

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

b.

Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.

(Ord. No. 2022-12, § 11.10(b)(4), 10-11-2022; Ord. No. 2023-10, § 11.10(b)(1), 8-8-2023)

Determinations of navigability and ordinary high-water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate office of the department of natural resources for a final determination of navigability or ordinary high-water mark. The county may work with surveyors with regard to Wis. Stats. § 59.692(1h).

(Ord. No. 2022-12, § 11.10(b)(5), 10-11-2022; Ord. No. 2023-10, § 11.10(b)(2), 8-8-2023)

The most recent version of the state wetland inventory as depicted on the department of natural resources surface water data viewer is made part of this article. The maps can be viewed at https://dnrmaps.wi.gov/H5/?Viewer=SWDV.

(Ord. No. 2022-12, § 11.10(b)(6), 10-11-2022; Ord. No. 2023-10, § 11.10(b)(3), 8-8-2023)

The use of any land; the size, shape and placement of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning, or dredging of any lands; the cutting of shoreland vegetation; and the subdivision of lots shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. Buildings and other structures shall require a permit unless otherwise expressly excluded by a provision of this article. Property owners, builders and contractors are responsible for compliance with the terms of this article.

(Ord. No. 2022-12, § 11.10(b)(7)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(b)(4), 8-8-2023)

Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all necessary permits. State agencies are required to comply when Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the state department of transportation are exempt when Wis. Stats. § 30.2022(1) applies.

(Ord. No. 2022-12, § 11.10(b)(8), 10-11-2022; Ord. No. 2023-10, § 11.10(b)(5), 8-8-2023)

The provisions of this article supersede any provision in a county zoning ordinance that solely relate to shorelands. If a zoning standard only applies to lands that lie within the shoreland and applies because the lands are within the shoreland, then this article supersedes those provisions. However, where an ordinance adopted under a statute other than Wis. Stats. § 59.692 does not solely relate to shorelands and is more restrictive than this article, for example a floodplain ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions. Additional abrogation and restrictions include:

(1)

This article shall not require approval or be subject to disapproval by any town or town board.

(2)

If an existing town ordinance relating to shorelands is more restrictive than this article or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions, but not otherwise.

(3)

This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.

(4)

Provisions of the county zoning ordinance shall only apply to the shoreland area when they impose greater restrictions than this article otherwise imposes and are hereby incorporated by reference.

(5)

This article may establish standards to regulate matters that are not regulated in Wis. Admin. Code ch. NR 115, but that further the purposes of shoreland zoning as described in section 22-776.

(6)

Counties may not establish shoreland zoning standards in a shoreland zoning ordinance that require any of the following:

a.

Approval to install or maintain outdoor lighting in shorelands, imposition of any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or other prohibition or regulation of outdoor lighting in shorelands if the lighting is designed or intended for residential use.

b.

Inspection or upgrade of a structure before the sale or other transfer of the structure may be made.

(7)

The construction and maintenance of a facility is considered to satisfy the requirements of a shoreland zoning ordinance if the department has issued all required permits or approvals authorizing the construction or maintenance under Wis. Stats. chs. 30, 31, 281 or 283.

(8)

The term "facility" means any property or equipment of a public utility, as defined in Wis. Stats. § 196.01(5), or a cooperative association organized under Wis. Stats. ch. 185 for the purpose of producing or furnishing heat, light or power to its members only, that is used for the transmission, delivery or furnishing of natural gas, heat, light or power.

(Ord. No. 2022-12, § 11.10(b)(9), 10-11-2022; Ord. No. 2023-10, § 11.10(b)(6), 8-8-2023)

In their interpretation and application, the provisions of this article shall be liberally construed in favor of the county and shall not be deemed a limitation or repeal of any other powers granted by state statutes. Where a provision of this article is required by statute and a standard in Wis. Admin. Code ch. NR 115, and where this article provision is unclear, the provision shall be interpreted in light of the statute and Wis. Admin. Code ch. NR 115 standards in effect on the date of the adoption of the ordinance from which this article is derived or in effect on the date of the most recent text amendment to this article.

(Ord. No. 2022-12, § 11.10(b)(7)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(b)(7), 8-8-2023)

(a)

The shoreland-wetland district shall include all shorelands within the jurisdiction of this article which are designated as wetlands on the most recent version of the state wetland inventory as depicted on the department of natural resources surface water data viewer.

(b)

Locating shoreland-wetland boundaries. Where an apparent discrepancy exists between the shoreland-wetland district boundary shown on the state wetland inventory and actual field conditions, the county shall contact the department to determine if the map is in error. If the department determines that a particular area was incorrectly mapped as wetland or meets the wetland definition, but was not shown as wetland on the map, the county shall have the authority to immediately grant or deny a shoreland zoning permit in accordance with the applicable regulations based on the department determination as to whether the area is wetland. In order to correct wetland mapping errors on the official zoning map, an official zoning map amendment must be initiated within a reasonable period of time after discovery of the wetland mapping error.

(Ord. No. 2022-12, § 11.10(c)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(c)(1), 8-8-2023)

The shoreland-wetland district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty and to control building and development in wetlands whenever possible. When development is permitted in a wetland, the development shall occur in a manner that minimizes adverse impacts upon the wetland.

(Ord. No. 2022-12, § 11.10(c)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(c)(2), 8-8-2023)

The following uses shall be allowed, subject to general shoreland zoning regulations contained in this article, the provisions of Wis. Stats. chs. 30 and 31 and Wis. Stats. § 281.36 and the provisions of other applicable local, state, and federal laws:

(1)

Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling, or excavating except as allowed under this subsection or subsection (2) of this section, but only to the extent specifically provided below:

a.

Hiking, fishing, trapping, hunting, swimming, and boating.

b.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

c.

The pasturing of livestock.

d.

The cultivation of agricultural crops.

e.

The practice of silviculture, including the planting, thinning, and harvesting of timber; and

f.

The construction or maintenance of duck blinds.

(2)

Uses which do not require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent specifically provided below:

a.

Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;

b.

The cultivation of cranberries, including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries;

c.

The maintenance and repair of existing agricultural drainage systems, including ditching, tiling, dredging, excavating, and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system, provided that dredged spoil is placed on existing spoil banks where possible;

d.

The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

e.

The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and

f.

The maintenance, repair, replacement or reconstruction of existing town and county highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.

(3)

Uses which require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent specifically provided below:

a.

The construction and maintenance of roads which are necessary to conduct silvicultural activities or agricultural cultivation, provided that:

1.

The road cannot as a practical matter be located outside the wetland.

2.

The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in section 22-929(b).

3.

The road is designed and constructed with the minimum cross sectional area practical to serve the intended use.

4.

Road construction activities are carried out in the immediate area of the roadbed only.

b.

The construction or maintenance of nonresidential buildings, provided that:

1.

The building is essential for and used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals; or some other use permitted in the shoreland-wetland district;

2.

The building cannot, as a practical matter, be located outside the wetland;

3.

Such building is not designed for human habitation and does not exceed 500 square feet in floor area; and

4.

Only limited filling or excavating necessary to provide structural support for the building is authorized.

c.

The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads, provided that:

1.

Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Wis. Stats. ch. 29 where applicable;

2.

Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in this subsection (3); and

3.

Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

d.

The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members and the construction or maintenance of railroad lines, provided that:

1.

The transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland.

2.

Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in section 22-929(b).

(Ord. No. 2022-12, § 11.10(c)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(c)(3), 8-8-2023)

Any use not listed in section 22-927(3)b or c is prohibited unless the wetland or portion of the wetland has been rezoned by amendment of this article in accordance with section 22-929 and Wis. Stats. § 59.69(5)(e).

(Ord. No. 2022-12, § 11.10(c)(4), 10-11-2022; Ord. No. 2023-10, § 11.10(c)(4), 8-8-2023)

(a)

For all proposed text and map amendments to the shoreland-wetland provisions of this article, the appropriate office with the department shall be provided with the following:

(1)

A copy of every petition for a text or map amendment to the shoreland-wetland provisions of this article, within five days of the filing of such petition with the county clerk. Such petition shall include a copy of the state wetland inventory map adopted as part of this article describing any proposed rezoning of a shoreland-wetland;

(2)

Written notice of the public hearing to be held on a proposed amendment at least ten days prior to such hearing;

(3)

A copy of the county zoning department's findings and recommendations on each proposed amendment within ten days after the submission of those findings and recommendations to the county board; and

(4)

Written notice of the county board's decision on the proposed amendment within ten days after it is issued.

(b)

A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:

(1)

Stormwater and floodwater storage capacity;

(2)

Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;

(3)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(4)

Shoreline protection against soil erosion;

(5)

Fish spawning, breeding, nursery or feeding grounds;

(6)

Wildlife habitat; or

(7)

Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in Wis. Admin. Code § NR 103.04 which can be accessed at the following web site: http://docs.legis.wisconsin.gov/code/admin_code/nr/100/103.pdf.

(c)

If the department notifies the county zoning agency that a proposed text or map amendment to the shoreland-wetland provisions of this article may have a significant adverse impact upon any of the criteria listed in subsection (b) of this section, that amendment, if approved by the county board, shall contain the following provision: "This amendment shall not take effect until more than 30 days have elapsed after written notice of the county board's approval of this amendment is mailed to the department of natural resources. During that 30-day period the department of natural resources may notify the county board that it will adopt a superseding shoreland ordinance for the county under Wis. Stats. § 59.692(6). If the department does so notify the county board, the effect of this amendment shall be stayed until the Wis. Stats. § 59.692(6) adoption procedure is completed or otherwise terminated."

(Ord. No. 2022-12, § 11.10(c)(5), 10-11-2022; Ord. No. 2023-10, § 11.10(c)(5), 8-8-2023)

The county shall review, pursuant to Wis. Stats. § 236.45, all land divisions in shoreland areas which create three or more parcels or building sites of five acres each or less within a five-year period. In such review all of the following factors shall be considered:

(1)

Hazards to the health, safety, or welfare of future residents.

(2)

Proper relationship to adjoining areas.

(3)

Public access to navigable waters, as required by law.

(4)

Adequate stormwater drainage facilities.

(5)

Conformity to state law and administrative code provisions.

(Ord. No. 2022-12, § 11.10(d)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(d)(1), 8-8-2023)

(a)

Purpose. The planned unit development is intended to permit smaller non-riparian lots where the physical layout of the lots is so arranged as to better ensure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and setbacks and without special conditions placed upon the planned unit development at the time of its approval. A condition of all planned residential unit development is the preservation of certain open space, preferably on the shoreland, in perpetuity.

(b)

Requirements for planned unit development. The county board may, at its discretion, upon its own motion or upon petition, approve a planned unit development overlay district upon finding, after a public hearing, that all of the following facts exist:

(1)

Area. The area proposed for the planned unit development shall be at least two acres in size or have a minimum of 200 feet of frontage on a navigable water.

(2)

Lots. Any proposed lot in the planned unit development that does not meet the minimum size standards of section 22-973 and 22-974 shall be a non-riparian lot.

(3)

Lot sizes, widths, setbacks, and vegetation removal. When considering approval of a planned unit development, the county board shall consider whether proposed lot sizes, widths, and setbacks are of adequate size and distance to prevent pollution or erosion along streets or other public ways and waterways. Increased shoreland setbacks shall be a condition of approval as a way of minimizing adverse impacts of development. Shore cover provisions in section 22-1098 shall apply except that maximum width of a lake frontage opening shall be 100 feet and minimum vegetative buffer depth shall be increased to offset the impact of the proposed development.

(Ord. No. 2022-12, § 11.10(d)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(d)(2), 8-8-2023)

To incorporate the requirements of Wis. Admin. Code § NR 115.05(3) and the county private sewage system ordinance set forth in chapter 16, article V, the following sanitary regulations for the protection of health and the preservation and enhancement of water quality must be complied with:

(1)

Where public water supply systems are not available, private well construction shall be required to conform to Wis. Admin. Code ch. NR 812.

(2)

Where a public sewage collection and treatment system is not available, design and construction of private on-site waste treatment system shall, prior to July 1, 1980, be required to comply with Wis. Admin. Code ch. SPS 383, and after June 30, 1980, be governed by a private sewage system ordinance adopted by the county under Wis. Stats. § 59.70(5).

(Ord. No. 2022-12, § 11.10(d)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(d)(3), 8-8-2023)

Minimum lot sizes in the shoreland area shall be established to afford protection against danger to health, safety and welfare, and protection against pollution of the adjacent body of water. In calculating the minimum area or width of a lot, the beds of navigable waters shall not be included.

(Ord. No. 2022-12, § 11.10(e)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(e)(1), 8-8-2023)

For sewered lots, the minimum lot area shall be 10,000 square feet and the minimum average lot width shall be 65 feet. Minimum lot width will be measured by having a building envelope for the placement of all structures that meets the minimum lot width and depth for that zoning district.

(Ord. No. 2022-12, § 11.10(e)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(e)(2), 8-8-2023)

For unsewered lots, the minimum lot area shall be 20,000 square feet and the minimum average lot width shall be 100 feet. Minimum lot width will be measured by having a building envelope for the placement of all structures that meets the minimum lot width and depth for that zoning district.

(Ord. No. 2022-12, § 11.10(e)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(e)(3), 8-8-2023)

(a)

A legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply:

(1)

The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey or consolidation by the owner into one property tax parcel.

(2)

The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

(3)

The substandard lot or parcel is developed to comply with all other ordinance requirements.

(b)

The intent of this provision is to allow lots that were legally created that currently do not meet the minimum lot width and area requirements to be considered a building site, provided all ordinance requirements can be met. Substandard lots that have been reconfigured by a certified survey map or consolidated into one legal description with the register of deeds, which result in a larger (closer to conforming) lot should be allowed to be utilized as a building site. Additionally, lots that have a legal description for each substandard lot on record with the register of deeds, but have one tax parcel number assigned by the real property lister or assessor for tax assessing purposes, should be considered separate building sites and should not be considered consolidated. Lots that have had development over the lot lines should be combined with a legal description and recorded with a new deed prior to new development occurring.

(Ord. No. 2022-12, § 11.10(e)(4), 10-11-2022; Ord. No. 2023-10, § 11.10(e)(4), 8-8-2023)

Except for lots which meet the requirements of section 22-975, a building permit for the improvement of a lot having lesser dimensions than those stated in sections 22-973 and 22-974 shall be issued only if a variance is granted by the board of adjustment.

(Ord. No. 2022-12, § 11.10(e)(5), 10-11-2022; Ord. No. 2023-10, § 11.10(e)(5), 8-8-2023)

Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards, and avoid water pollution.

(Ord. No. 2022-12, § 11.10(f)(intro. ¶), 10-11-2022; Ord. No. 2023-10, § 11.10(f)(intro. ¶), 8-8-2023)

(a)

Unless exempt under subsection (b) of this section, or reduced under section 22-998, a setback of 75 feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.

(b)

All of the following structures are exempt from the shoreland setback standards in subsection (a) of this section:

(1)

Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor that do not contain plumbing and are not used for human habitation and meet the following conditions:

a.

Are not constructed or placed below the ordinary high-water mark of any navigable waters.

b.

Are not used for human habitation.

c.

Are designed solely for the storage of boats and related equipment and not have more than one boathouse per lot.

d.

Does not exceed 400 square feet in area.

e.

Any boathouse roof used as a deck must:

1.

Have a flat roof.

2.

Have no side walls or screens.

3.

Have a railing that meets the department of safety and professional services standards.

f.

Must be located within the viewing and access corridor described in subsection (b)(1) of this section.

g.

Must use earth tone colors for all exterior surfaces.

h.

Must meet the provisions of the county floodplain ordinance which prohibits boathouses in the floodway.

i.

Must be limited to one boathouse on a lot as an accessory structure.

j.

The main door must face the water.

k.

Patio doors, fireplaces, and other features must be consistent with the use of the structure exclusively as a boathouse.

(2)

Open-sided and screened structures such as gazebos, decks, patios, and screen houses in the shoreland setback area that satisfy the requirements in Wis. Stats. § 59.692(1v) and meet the following conditions:

a.

The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.

b.

The floor area of all the structures in the shoreland setback area does not exceed 200 square feet. Boathouses shall be excluded from the calculation.

c.

The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.

d.

The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreland setback area that is nearest to the water.

e.

An enforceable affidavit must be filed with the register of deeds prior to construction acknowledging the limitations on vegetation. The statutory requirements under Wis. Stats. § 59.692(1v) which require the establishment of a vegetative buffer for the construction of open-sided structures is not superseded by Wis. Stats. § 59.692(1f)(a).

(3)

Fishing rafts that are authorized on the Wolf River and Mississippi River under Wis. Stats. § 30.126.

(4)

Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are two meters or less in diameter.

(5)

Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers, private on-site wastewater treatment systems that comply with Wis. Admin. Code ch. SPS 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control stormwater runoff from the structure.

(6)

Walkways, stairways, or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 60 inches in width.

a.

The stairway, walkway and lift must be located within the access and viewing corridor unless such location is not feasible, or it is determined by zoning department staff that locations outside the access and viewing corridor better serve the intent of this article.

b.

Walkways, stairways, and lifts shall be designed in a matter that does not cause erosion and will minimize stormwater runoff. Vegetation shall be established upon completion and shall be maintained, to stabilize all land disturbed during the construction or placement of the walkway, stairway, or lift.

(7)

Devices or systems used to treat runoff from impervious surfaces.

(8)

A fence associated with a roadway that meets all of the following requirements (as required by Wis. Stats. § 59.692(1n)(d)(7) or by any amendments thereto which shall be incorporated into this section):

a.

A height not taller than 15 feet.

b.

Located not less than two feet landward of the ordinary high-water mark.

c.

Located entirely outside of a highway right-of-way.

d.

Located not less than ten feet from the edge of a roadway and not more than 40 feet from the edge of a roadway or highway right-of-way, whichever is greater.

e.

Generally perpendicular to the shoreline:

1.

A bridge for which the department has issued a permit under Wis. Stats. § 30.123.

2.

Existing exempt structures. Existing exempt structures may be maintained, repaired, replaced, restored, rebuilt, and remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

(Ord. No. 2022-12, § 11.10(f)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(f)(1), 8-8-2023)

A setback less than the 75 feet required setback from the ordinary high-water mark shall be permitted for a proposed principal structure and shall be determined as follows:

(1)

Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the ordinary high-water mark, provided all of the following are met:

a.

Both of the existing principal structures are located on an adjacent lot to the proposed principal structure.

b.

Both of the existing principal structures are located within 250 feet of the proposed principal structure and are the closest structure.

c.

Both of the existing principal structures are located less than 75 feet from the ordinary high-water mark.

d.

The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.

(2)

Where there is an existing principal structure in only one direction, the setback shall equal the average of 75 feet and the distance that the existing structure is set back from the ordinary high-water mark provided all of the following are met:

a.

The existing principal structure is located on the adjacent lot to the proposed principal structure.

b.

The existing principal structure is located within 250 feet of the proposed principal structure and is the closest structure.

c.

The existing principal structure is located less than 75 feet from the ordinary high-water mark.

d.

The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.

(Ord. No. 2022-12, § 11.10(f)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(f)(2), 8-8-2023)

Buildings and structures to be constructed or placed in a floodplain shall be required to comply with the county floodplain ordinance, set forth in chapter 6, article III.

(Ord. No. 2022-12, § 11.10(f)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(f)(3), 8-8-2023)

To protect natural scenic beauty, fish and wildlife habitat, and water quality, the county shall regulate removal of vegetation in shoreland areas, consistent with the following: The county shall establish standards that consider sound forestry and soil conservation practices and the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients.

(Ord. No. 2022-12, § 11.10(g)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(g)(1), 8-8-2023)

To protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation, this article designates land that extends from the ordinary high-water mark to a minimum of 35 feet inland as a vegetative buffer zone and prohibits removal of vegetation in the vegetative buffer zone except as follows:

(1)

For routine maintenance of vegetation.

(2)

For removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors. Pursuant to Wis. Stats. § 59.692(1f)(b), the maximum width of an access and viewing corridor may be ten feet or up to 35 percent of the shoreline frontage, whichever is greater, except that the maximum width of an access and viewing corridor may not exceed 200 feet. The viewing corridor may run contiguously for the entire maximum allowed width of 200 feet of shoreline frontage owned.

(3)

For the removal of trees and shrubs in the vegetative buffer zone on a parcel with ten or more acres of forested land consistent with "generally accepted forestry management practices" as defined in Wis. Admin. Code § NR 1.25(2)(b), and described in department publication "Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.

(4)

For removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable.

(5)

Upon issuance of a permit for additional vegetation management activities in the vegetative buffer zone. The permit issued under this subsection shall require that all management activities comply with detailed plans approved by the county and designed to control erosion by limiting sedimentation into the water body; improve the plant community by replanting in the same area; and maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area.

(Ord. No. 2022-12, § 11.10(g)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(g)(2), 8-8-2023)

From the inland edge of the 35-foot area to the outer limits of the shoreland, the cutting of vegetation shall be allowed when accomplished using accepted forest management and soil conservation practices which protect water quality.

(Ord. No. 2022-12, § 11.10(g)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(g)(3), 8-8-2023)

Filling, grading, lagooning, dredging, ditching and excavating may be permitted only in accordance with the provisions of Wis. Admin. Code § NR 115.04, the requirements of Wis. Stats. ch. 30 and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.

(Ord. No. 2022-12, § 11.10(h)(intro. ¶), 10-11-2022; Ord. No. 2023-10, § 11.10(h)(intro. ¶), 8-8-2023)

Filling, grading, lagooning, dredging, ditching, or excavating which does not require a permit under section 22-1059 may be permitted in the shoreland area, provided that:

(1)

It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.

(2)

Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets the requirements of section 22-927(2) and (3).

(3)

All applicable federal, state, and local authority is obtained in addition to a permit under this article.

(4)

Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover or a bulkhead.

(Ord. No. 2022-12, § 11.10(h)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(h)(1), 8-8-2023)

A permit is required:

(1)

For any filling or grading of any area which is within 300 feet landward of the ordinary high-water mark of navigable water and which has surface drainage toward the water and on which there is either:

a.

Any filling or grading on slopes of more than 20 percent.

b.

Filling or grading of more than 1,000 square feet on slopes of 12 percent to 20 percent.

c.

Filling or grading of more than 2,000 square feet on slopes less than 12 percent.

d.

Filling, grading, or excavating within 35 feet of the ordinary high-water mark, on all slopes.

(2)

For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake, or similar waterway which is within 300 feet landward of the ordinary high-water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.

(Ord. No. 2022-12, § 11.10(h)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(h)(2), 8-8-2023)

In granting a permit under section 22-1059, the county shall attach the following conditions, where appropriate, in addition to those provisions specified in sections 22-842(c):

(1)

The smallest amount of bare ground shall be exposed for as short a time as feasible.

(2)

Temporary ground cover (such as mulch or jute netting) shall be used, and permanent vegetative cover shall be established.

(3)

Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.

(4)

Lagoons shall be constructed to avoid fish trap conditions.

(5)

Fill shall be stabilized according to accepted engineering standards.

(6)

Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.

(7)

Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter, which shall be promptly vegetated unless bulkheads or riprap are provided.

(Ord. No. 2022-12, § 11.10(h)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(h)(3), 8-8-2023)

The purpose of this division is to establish impervious surface standards to protect water quality and fish and wildlife habitat and to protect against pollution of navigable waters. County impervious surface standards shall apply to the construction, reconstruction, expansion, replacement, or relocation of any impervious surface on a riparian lot or parcel and any non-riparian lot or parcel that is located entirely within 300 feet of the ordinary high-water mark of any navigable waterway.

(Ord. No. 2022-12, § 11.10(i)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(i)(1), 8-8-2023)

(a)

Percentage of impervious surfaces shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark by the total surface area of that lot or parcel and multiplied by 100. Impervious surfaces described in section 22-1093 shall be excluded from the calculation of impervious surface on the lot or parcel. If an outlot lies between the ordinary high-water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surface.

(b)

For properties that have been "condominiumized," the impervious surface calculations apply to the entire property. The property is still under one legal description and the proposed expansion to a unit is not the only impervious surface calculated since the regulation states lot or parcel and not a unit. Mitigation applies to the property as a whole and not just to the portion of the frontage that might be in front of the unit impacted.

(Ord. No. 2022-12, § 11.10(i)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(i)(2), 8-8-2023)

Except as allowed in sections 22-1092 and 22-1093, up to 15 percent impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark shall be allowed.

(Ord. No. 2022-12, § 11.10(i)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(i)(3), 8-8-2023)

A property may exceed the impervious surface standard under section 22-1091, provided the following standards are met:

(1)

For properties where the general impervious surface standard applies under section 22-1091, a property owner may have more than 15 percent impervious surface but not more than 30 percent impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.

(2)

For properties that exceed the standard under section 22-1091 but do not exceed the maximum standard under this section, a permit can be issued for development with a mitigation plan that meets the standards found in section 22-1161.

(Ord. No. 2022-12, § 11.10(i)(4), 10-11-2022; Ord. No. 2023-10, § 11.10(i)(4), 8-8-2023)

(a)

Impervious surfaces that can be documented to show they meet either of the following standards shall be excluded from the impervious surface calculations under section 22-1091:

(1)

The impervious surface is treated by devices such as stormwater ponds, constructed wetlands, infiltration basins, rain gardens, bio-swales, or other engineered systems.

(2)

The runoff from the impervious surface discharges to an internally drained pervious area that retains the runoff on or off the parcel and allows infiltration into the soil.

(3)

To qualify for the statutory exemption, property owners shall submit a complete permit application, that is reviewed and approved by the county. The application shall include the following:

a.

Calculations from a licensed engineer showing how much runoff is coming from the impervious surface areas.

b.

Documentation that the runoff from the impervious surface is being treated by a proposed treatment system, treatment device or internally drained area. The proposed treatment must be equivalent to the proposed development/increase.

c.

An implementation schedule and enforceable obligation on the property owner to establish and maintain the treatment system, treatment devices or internally drained area.

d.

The enforceable obligations shall be evidenced by an affidavit recorded in the office of the register of deeds prior to the issuance of the permit.

(b)

The provisions in this section are an exemption from the impervious surface standards and as such should be read and construed narrowly. As such, a property owner is entitled to this exemption only when the runoff from the impervious surface is being treated by a sufficient (appropriately sized) treatment system, treatment device or internally drained. Property owners that can demonstrate that the runoff from an impervious surface is being treated consistent with this section will be considered pervious for the purposes of implementing the impervious surface standards in this article. If a property owner or subsequent property owner fails to maintain the treatment system, treatment device or internally drained area, the impervious surface is no longer exempt under this section.

(Ord. No. 2022-12, § 11.10(i)(5), 10-11-2022; Ord. No. 2023-10, § 11.10(i)(5), 8-8-2023)

(a)

For existing impervious surfaces that were lawfully placed when constructed, but that do not comply with the impervious surface standard in section 22-1091 or the maximum impervious surface standard in section 22-1092, the property owner may do any of the following:

(1)

Maintain and repair the existing impervious surfaces.

(2)

Replace existing impervious surfaces with similar surfaces within the existing building envelope.

(3)

Relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of the ordinance from which this article is derived, and the impervious surface meets the applicable setback requirements in Wis. Admin. Code § NR 115.05(1)(b).

(b)

The impervious surface standards in this division shall not be construed to supersede other provisions in this article. All of the provisions of this article still apply to new or existing development.

(Ord. No. 2022-12, § 11.10(i)(6), 10-11-2022; Ord. No. 2023-10, § 11.10(i)(6), 8-8-2023)

To protect and preserve wildlife habitat and natural scenic beauty, on or after February 1, 2010, the county does not permit any construction that results in a structure taller than 35 feet within 75 feet of the ordinary high-water mark of any navigable waters.

(Ord. No. 2022-12, § 11.10(j)(intro. ¶), 10-11-2022; Ord. No. 2023-10, § 11.10(j)(intro. ¶), 8-8-2023)

Structure height is the measurement of the vertical line segment starting at the lowest point of any exposed wall and its intersection with the ground (Point A in the following diagram) to a line horizontal to the highest point of a structure (Point B in the following diagram), unless specified under other sections of this Code.

(Ord. No. 2022-12, § 11.10(i)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(j)(1), 8-8-2023)

If a nonconforming use is discontinued for a period of 12 months, any future use of the building, structure or property shall conform to this article.

(Ord. No. 2022-12, § 11.10(k)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(k)(1), 8-8-2023)

(a)

An existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be maintained, repaired, replaced, restored, rebuilt, or remodeled if the activity does not expand the footprint of the nonconforming structure. Further, an existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

(b)

Wis. Admin. Code § NR 115.05(1)(b)1m lists structures that are exempt from the shoreland setback. These structures are considered conforming structures and are not considered nonconforming structures. Structures that were granted variances or illegally constructed structures are not considered nonconforming structures.

(Ord. No. 2022-12, § 11.10(k)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(k)(2), 8-8-2023)

An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per sections 22-997 and 22-998 may be expanded laterally, provided that all of the following requirements are met:

(1)

The use of the structure has not been discontinued for a period of 12 months or more if a nonconforming use.

(2)

The existing principal structure is at least 35 feet from the ordinary high-water mark.

(3)

Lateral expansions are limited to a maximum of 200 square feet over the life of the structure. No portion of the expansion may be any closer to the ordinary high-water mark than the closest point of the existing principal structure.

(4)

The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 22-1161.

(5)

All other provisions of this article shall be met.

(Ord. No. 2022-12, § 11.10(k)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(k)(3), 8-8-2023)

An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under sections 22-997 may be expanded horizontally, landward or vertically, provided that the expanded area meets the building setback requirements per section 22-997 and that all other provisions of this article are met. A mitigation plan is not required solely for expansion under this section but may be required per division 9 of this article.

(Ord. No. 2022-12, § 11.10(k)(4), 10-11-2022; Ord. No. 2023-10, § 11.10(k)(4), 8-8-2023)

An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per sections 22-997 and 22-998 may be relocated on the property, provided all of the following requirements are met:

(1)

The use of the structure has not been discontinued for a period of 12 months or more if a nonconforming use.

(2)

The existing principal structure is at least 35 feet from the ordinary high-water mark.

(3)

No portion of the relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure.

(4)

The county determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the shoreland setback requirement per section 22-997.

(5)

The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 22-1161 and include enforceable obligations of the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the county register of deeds.

(6)

All other provisions of this article shall be met.

(Ord. No. 2022-12, § 11.10(k)(5), 10-11-2022; Ord. No. 2023-10, § 11.10(k)(5), 8-8-2023)

A structure of which any part has been authorized to be located within the shoreland setback area by a variance granted before July 13, 2015, may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure. Additionally, the structure may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

(Ord. No. 2022-12, § 11.10(k)(6), 10-11-2022; Ord. No. 2023-10, § 11.10(k)(6), 8-8-2023)

A structure that is in violation of a shoreland zoning standard or this chapter and has been in place for more than ten years may be maintained, repaired, replaced, restored, rebuilt, or remodeled if the activity does not expand the footprint of the structure vertically or laterally.

(Ord. No. 2022-12, § 11.10(k)(7), 10-11-2022; Ord. No. 2023-10, § 11.10(k)(7), 8-8-2023)

(a)

When the county issues a permit requiring mitigation under sections 22-997(b)(1)b, 22-1139, 22-1092, and 22-1137, the property owner must submit a complete permit application that is reviewed and approved by the county. The application shall include the following:

(1)

A site plan that describes the proposed mitigation measures.

a.

The site plan shall be designed and implemented to restore natural functions lost through development and human activities.

b.

The mitigation measures shall be proportional in scope to the impacts on water quality, near-shore aquatic habitat, upland wildlife habitat, natural scenic beauty and meet the purpose and intent as stated in section 22-776.

(2)

An implementation schedule and enforceable obligation on the property owner to establish and maintain the mitigation measures.

a.

The enforceable obligations shall be evidenced by an instrument recorded in the office of the register of deeds.

b.

All shoreland mitigation measures must begin within one year of the recording date of the mitigation affidavit or in accordance with a timeline that is written into the mitigation plan and must be completed in accordance with said timeline or within two years of the recording date if a timeline has not been established.

(3)

Mitigation plan to install stormwater control systems or shoreland mitigation practice that are designed to contain the two-year 24-hour rainfall event for impervious areas, meet division 9 of this article pertaining to impervious surface standards and designed by an engineer or landscaper/landscape architect. A mitigation plan with recorded maintenance agreement shall include options such as:

a.

Mitigation plan requirements. The application shall include a scaled plot plan of the lot, including the following information:

1.

Location of all existing and proposed structures, including paths, stairways, retaining walls, decks, patios, vegetative cover, etc., with accurate distances shown between the structures and all property lines.

2.

Location of any areas of existing and proposed land disturbance.

3.

Location of septic and well facilities.

4.

Location of the viewing and access corridor.

5.

Location of parking areas and driveways.

6.

Location of ordinary high-water mark and any wetland areas.

7.

Maps showing the existing and proposed topography and slope of the property.

8.

Impervious surface calculations.

9.

A minimum of four photos of the property. These photos shall include a photo taken from the water, along the shoreline and from the principal structure. If necessary, the planning and zoning department may require additional photos and/or a site inspection of the property.

10.

Properties which include flood hazard areas shall be required to submit documentation showing the base flood elevation and its location on the property. Note: This may require a licensed surveyor to provide elevation data on the plan.

b.

Mitigation options.

1.

Shoreland buffer restoration of at least 35 feet landward side from the ordinary high-water mark.

(i)

A plan for the restoration of the shoreland buffer is required and shall include:

A.

All requirements as required by subsection (3)a of this section.

B.

Identification of the vegetation to be cut and the size and type of species to be removed.

C.

A list of desired native species appropriate for the site (or cultivars of native species) to include in the restoration area and a schedule for their planting.

D.

A scaled plot plan showing the placement, size, and densities of each species to be planted within the buffer area.

E.

A narrative description of how the applicant intends to carry out the project including the erosion control measures that will be used during construction. Please include the name and phone number of the landscape architect or consultant, if applicable.

F.

The restoration plan will be reviewed according to United States Department of Agriculture, Natural Resources Conservation Service, Shoreland Habitat Standard and Wisconsin Biology Technical Note 1: Shoreland Habitat within the shoreland buffer area. The plan must also fulfill the intent and purpose of division 7 of this article. The above-mentioned standards can be located at: http://dnr.wi.gov/topic/ShorelandZoning/documents/NRCSBioTechNote.pdf and http://dnr.wi.gov/topic/ShorelandZoning/documents/NRCSshorehabstandard.pdf or the County Planning and Zoning Department, 311 S. Center Ave., Jefferson, WI 53549. (See Table 1 below.)

Table 1. Shoreland Buffer Planting Standards

¹ Trees must be greater than two feet in height about the root collar.

² The ground cover area shall comprise of a minimum of 30 percent native grasses.

³ Density requirements will be based upon established existing vegetation and physical characteristics of the property.

Shoreland buffers plans must be approved by the county planning and zoning department.

The buffer shall consist of three layers of vegetation: a tree canopy, a shrub understory, and a groundcover layer.

(ii)

Certification of completion. Restoration is required to be completed within one year of issuance of the zoning permit but may be extended upon approval of the planning and zoning department; the property owner shall complete the required shoreland buffer and shall certify in writing to the administrator the required shoreland buffer has been completed. As part of the certification, the property owner shall submit photos documenting the mitigation measures and the county planning and zoning department staff may conduct an on-site compliance inspection to ensure compliance with the plan.

2.

Evaluation/replacement of private on-site waste treatment system performed by a state-licensed plumber.

3.

Any proposed device or system designed by an engineer or landscape architect that mitigates surface water runoff or infiltrates runoff and furthers the purpose and intent of shoreland zoning. Examples include:

(i)

Construction of stormwater detention basin or implementation of other stormwater management plan activities.

(ii)

Replacement of seawalls with bio-engineered structures.

4.

Wetland restoration.

5.

Elimination of nonconforming accessory structures such as garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck retaining wall, porch, fire pit. Note: This option may require the removal of several accessory structures to be considered proportional in scope with the proposed project's impact.

6.

Removal of other shoreland modifications/items such as seawalls, beaches, or impervious surfaces. Note: This option may require the removal of several modifications/items to be considered proportional in scope with the proposed project's impact.

7.

Relocating a nonconforming principal structure to a conforming location.

8.

Elimination of existing erosion and sedimentation on areas that have surface drainage towards the water.

9.

Any other mitigation that is deemed appropriate by the planning and zoning department and that meets the mitigation requirements set forth in this section. Factors to be considered for approval of alternative mitigation practices shall include, but are not limited to:

(i)

Cost of implementation;

(ii)

Runoff diversion and/or retention;

(iii)

Lot configuration;

(iv)

Parcel size;

(v)

Location of impervious areas;

(vi)

Sensitivity and level of development of the water body;

(vii)

Significance toward meeting article objectives;

(viii)

Maintaining and protecting large undeveloped native areas within the parcel from development.

(b)

Disagreements between the applicant or designer and the planning and zoning department's determination may, in the discretion of the applicant or designer, be reviewed by the county planning and zoning committee before making an appeal to the county board of adjustment under Wis. Stats. § 59.694(4). In such case, the time to appeal to the board of adjustment will be stayed pending a determination by the planning and zoning committee, but not more than 60 days from the date the applicant or designer requested review by the planning and zoning committee.

(Ord. No. 2022-12, § 11.10(l), 10-11-2022; Ord. No. 2023-10, § 11.10(l), 8-8-2023)

The county-adopted shoreland ordinance from which this article is derived requires all of the following:

(1)

The appointment of an administrator and such additional staff as the workload may require.

(2)

The creation of a zoning agency as authorized by Wis. Stats. § 59.69, a board of adjustment as authorized by Wis. Stats. § 59.694 and a county planning agency as defined in Wis. Stats. § 236.02(1) and required by Wis. Stats. § 59.692(3).

(3)

A system of permits for all new construction, development, reconstruction, structural alteration or moving of buildings and structures. A copy of applications shall be required to be filed in the office of the county zoning administrator, unless prohibited by Wis. Stats. § 59.692(1k).

(4)

Regular inspection of permitted work in progress to ensure conformity of the finished structures with the terms of this article.

(5)

A variance procedure which authorizes the board of adjustment to grant such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions and the adoption of the shoreland zoning ordinance, a literal enforcement of the provisions of this article will result in unnecessary hardship as long as the granting of a variance does not have the effect of granting or increasing any use of property which is prohibited in that zoning district by the shoreland zoning ordinance. A conditional use procedure shall be used for uses presenting special problems.

(6)

The county shall keep a complete record of all proceedings before the board of adjustment, zoning agency and planning agency.

(7)

Written notice to the appropriate office of the department at least ten days prior to any hearing on a proposed variance, special exception, or conditional use permit; appeal for a map or text interpretation; map or text amendment; and copies of all proposed land divisions submitted to the county for review under division 4 of this article.

(8)

Submission to the appropriate office of the department, within ten days after grant or denial, copies of any decision on a variance, special exception, or conditional use permit; or appeal for a map or text interpretation; and any decision to amend a map or text of an ordinance.

(9)

Mapped zoning districts and the recording, on an official copy of such map, of all district boundary amendments.

(10)

The establishment of appropriate penalties for violations of various provisions of this article, including forfeitures. Compliance with this article shall be enforceable by the use of injunctions to prevent or abate a violation, as provided in Wis. Stats. § 59.69(11).

(11)

The prosecution of violations of this article.

(Ord. No. 2022-12, § 11.10(m), 10-11-2022; Ord. No. 2023-10, § 11.10(m), 8-8-2023)

Every petition for a shoreland-wetland map amendment filed with the county clerk shall be referred to the county zoning agency. A copy of each petition shall be provided to the appropriate office of the department within five days of the filing of the petition with the county clerk. Written notice of the public hearing to be held on a proposed amendment shall be provided to the appropriate office of the department at least ten days prior to the hearing. A copy of the county board's decision on each proposed amendment shall be forwarded to the appropriate office of the department within ten days after the decision is issued.

(Ord. No. 2022-12, § 11.10(n), 10-11-2022; Ord. No. 2023-10, § 11.10(n), 8-8-2023)

The zoning administrator shall have the following duties and powers:

(1)

To establish a system for issuing permits for new construction, development, reconstruction, structural alteration or moving of buildings and structures. A copy of applications shall be required to be filed in the office of the county zoning administrator.

(2)

To conduct regular inspections of permitted work in progress to ensure conformity of the finished structures with the terms of this article.

(3)

To establish a variance procedure which authorizes the board of adjustment to grant such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions and the adoption of the shoreland zoning ordinance, a literal enforcement of the provisions of this article will result in unnecessary hardship.

(4)

To establish a special exception (conditional use) procedure.

(5)

To keep a complete record of all proceedings before the board of adjustment and the planning and zoning committee.

(6)

To ensure that written notice is forwarded to the appropriate office of the department at least ten days prior to any hearing on a proposed variance, special exception or conditional use permit, appeal for a map or text interpretation, map or text amendment, and copies of all proposed land divisions submitted to the county for review under division 4 of this article.

(7)

To ensure submission to the appropriate office of the department, within ten days after grant or denial, any decision on a variance, special exception or conditional use permit; or appeal for a map or text interpretation; and any decision to amend a map or text of an ordinance.

(8)

To map zoning districts and record on an official copy of such map all district boundary amendments.

(9)

To enforce through appropriate penalties violations of various provisions of this article, including forfeitures. Compliance with this article shall be enforceable by the use of injunctions to prevent or abate a violation, as provided in Wis. Stats. § 59.69(11).

(10)

To prosecute violations of this article.

(Ord. No. 2022-12, § 11.10(o)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(o)(1), 8-8-2023)

(a)

When required. Except where another section of this article specifically exempts certain types of development from this requirement, a permit shall be obtained from the zoning administrator or board of adjustment/planning and zoning committee before any new development.

(b)

Application. An application for a permit shall be made to the zoning administrator upon forms furnished by the county and shall include, for the purpose of proper enforcement of these regulations, the following information:

(1)

Name and address of applicant and property owner.

(2)

Legal description of the property and type of proposed use.

(3)

A "to scale" drawing of the dimensions of the lot and location of all existing and proposed structures and impervious surfaces relative to the lot lines, centerline of abutting highways and the ordinary high-water mark of any abutting waterways.

(4)

Location and description of any existing private water supply or sewage system or notification of plans for any such installation.

(5)

Plans for appropriate mitigation when required.

(6)

Payment of the appropriate fee.

(7)

Additional information required by the zoning administrator.

(c)

Expiration of permit. Zoning permits shall expire 24 months from date issued if no substantial work has commenced.

(d)

Certificates of compliance. No land or building shall be occupied or used until a certificate of compliance is issued by the zoning administrator subject to the following conditions:

(1)

The certificate of compliance shall certify that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this article.

(2)

Application for such certificate shall be concurrent with the application for a zoning permit.

(3)

The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning permit if the building or premises or proposed use thereof conforms with all the provisions of this article.

(e)

Temporary certificate. The zoning administrator may issue a temporary certificate of compliance for part of a building, pursuant to rules and regulations established by the county board.

(f)

Issuance of certificate. Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of the adoption of the ordinance from which this article is derived, certifying after inspection the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this article.

(Ord. No. 2022-12, § 11.10(o)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(o)(2), 8-8-2023)

(a)

Application for a conditional use permit. Any use listed as a conditional use in this article shall be permitted only after an application has been submitted to the zoning administrator and a conditional use permit has been granted by the county planning and zoning committee. To secure information upon which to base its determination, the county planning and zoning committee requires the applicant to furnish, in addition to the information required for a zoning permit, the following information:

(1)

A plan of the area showing surface contours, soil types, ordinary high-water marks, groundwater conditions, subsurface geology, and vegetative cover.

(2)

Location of buildings, parking areas, traffic access, driveways, walkways, piers, open space, and landscaping.

(3)

Plans of buildings, sewage disposal facilities, water supply systems and arrangement of operations.

(4)

Specifications for areas of proposed filling, grading, lagooning or dredging.

(5)

Other pertinent information necessary to determine if the proposed use meets the requirements of this article.

(6)

Rationale for why the proposed conditional use meets all of the conditional criteria listed in this article.

(b)

Notice, public hearing and decision. Before deciding whether to grant or deny an application for a conditional use permit, the board of adjustment shall hold a public hearing. Notice of such public hearing, specifying the time, place and matters to come before the county planning and zoning committee, shall be given as a Class 2 notice under Wis. Stats. ch. 985. Such notice shall be provided to the appropriate office of the department at least ten days prior to the hearing. The county planning and zoning committee shall state in writing the grounds for granting or denying a conditional use permit.

(c)

Standards applicable to all conditional uses. In deciding a conditional use application, the county planning and zoning committee shall evaluate the effect of the proposed use upon:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution including sedimentation.

(3)

Compliance with local floodplain zoning ordinances and opportunity for damage to adjacent properties due to altered surface water drainage.

(4)

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(5)

The location of the site with respect to existing or future access roads.

(6)

The need of the proposed use for a shoreland location.

(7)

Its compatibility with uses on adjacent land.

(8)

The amount of liquid and solid wastes to be generated and the adequacy of the proposed disposal systems.

(9)

Location factors under which:

a.

Domestic uses shall be generally preferred.

b.

Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source.

c.

Use locations within an area tending to minimize the possibility of pollution shall be preferred overuse locations tending to increase that possibility.

(d)

Conditions attached to conditional uses.

(1)

Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking and signs; and type of construction. Upon consideration of the factors listed above, the county planning and zoning committee shall attach such conditions, in addition to those required elsewhere in this article, as are necessary to further the purposes of this article. Violations of any of these conditions shall be deemed a violation of this article.

(2)

In granting a conditional use permit, the county planning and zoning committee may not impose conditions which are more restrictive than any of the specific standards in the ordinance. Where this article is silent as to the extent of restriction, the board may impose any reasonable permit conditions to effect the purpose of this article.

(e)

Recording. When a conditional use permit is approved, an appropriate record shall be made of the land use and structures permitted. Such permit shall be applicable solely to the structures, use and property so described. A copy of any decision on a conditional use permit shall be provided to the appropriate office of the department within ten days after it is granted or denied.

(f)

Revocation. Where the conditions of a conditional use permit are violated, the special exception permit shall be revoked.

(Ord. No. 2022-12, § 11.10(o)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(o)(3), 8-8-2023)

(a)

Variance granted. The board of adjustment may grant upon appeal a variance from the standards of this article where an applicant convincingly demonstrates that:

(1)

Literal enforcement of the provisions of this article will result in unnecessary hardship on the applicant;

(2)

The hardship is due to special conditions unique to the property; and

(3)

The variance is not contrary to the public interest.

(b)

Notice, hearing and decision. Before deciding on an application for a variance, the board of adjustment shall hold a public hearing. Notice of such hearing specifying the time, place and matters of concern, shall be given a Class 2 notice under Wis. Stats. ch. 985. Such notice shall be provided to the appropriate office of the department at least ten days prior to the hearing. The board shall state in writing the reasons for granting or refusing a variance and shall provide a copy of such decision to the appropriate department office within ten days of the decision.

(c)

Board of adjustment.

(1)

The county executive, county administrator or chair of the county board shall appoint a board of adjustment consisting of three or five members under Wis. Stats. § 59.694. The county board shall adopt such rules for the conduct of the business of the board of adjustment as required by Wis. Stats. § 59.694(3).

(2)

Powers and duties.

a.

The board of adjustment shall adopt such additional rules as it deems necessary and may exercise all of the powers conferred on such boards by Wis. Stats. § 59.694.

b.

It shall hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement or administration of this article.

c.

It shall hear and decide applications for variances pursuant to section 22-807(5).

d.

It may grant a variance from the standards of this article pursuant to section 22-807(5).

e.

In granting a variance, the board may not impose conditions which are more restrictive than any of the specific standards in this article. Where this article is silent as to the extent of restriction, the board may impose any reasonable permit conditions to effect the purpose of this article.

(d)

Appeals to the board of adjustment. Appeals to the board of adjustment may be made by any person aggrieved or by an officer, department, board, or bureau of the county affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be made within 30 days, as provided by the rules of the board, by filing with the officer whose decision is in question, and with the board of adjustment, a notice of appeal specifying the reasons for the appeal. The zoning administrator or other officer whose decision is in question shall promptly transmit to the board all the papers constituting the record concerning the matter appealed.

(e)

Hearing appeals and applications for variances and conditional use permits.

(1)

The board of adjustment shall fix a reasonable time for a hearing on the appeal or application. The board shall give public notice thereof by publishing a Class 2 notice under Wis. Stats. ch. 985 specifying the date, time and place of the hearing and the matters to come before the board. Notice shall be mailed to the parties in interest. Written notice shall be given to the appropriate office of the department at least ten days prior to hearings on proposed shoreland variances, conditional uses, and appeals for map or text interpretations.

(2)

A decision regarding the appeal or application shall be made as soon as practical. Copies of all decisions on shoreland variances, conditional uses, and appeals for map or text interpretations shall be submitted to the appropriate office of the department within ten days after they are granted or denied.

(3)

The final disposition of an appeal or application to the board of adjustment shall be in the form of a written resolution or order signed by the chair and secretary of the board. Such resolution shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution or grant the application.

(4)

At the public hearing, any party may appear in person or by agent or by attorney.

(f)

Fees. The county board may, by resolution, adopt fees for the following:

(1)

Zoning permits.

(2)

Certificates of compliance.

(3)

Planned unit development reviews.

(4)

Public hearings.

(5)

Legal notice publications.

(6)

Conditional use permits.

(7)

Variances.

(8)

Administrative appeals.

(9)

Other duties as determined by the county board.

(Ord. No. 2022-12, § 11.10(o)(4), 10-11-2022; Ord. No. 2023-10, § 11.10(o)(4), 8-8-2023)

The county board may from time to time alter, supplement, or change the regulations contained in this article in accordance with the requirements of Wis. Stats. § 59.69(5)(e), Wis. Admin. Code ch. NR 115, and this article where applicable.

(Ord. No. 2022-12, § 11.10(p)(intro. ¶), 10-11-2022; Ord. No. 2023-10, § 11.10(p)(intro. ¶), 8-8-2023)

Amendments to this article may be made on petition of any interested party as provided in Wis. Stats. § 59.69(5).

(Ord. No. 2022-12, § 11.10(p)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(p)(1), 8-8-2023)

(a)

Every petition for a wetland map amendment filed with the county clerk shall be referred to the county zoning agency. A copy of each petition shall be provided to the appropriate office of the department within five days of the filing of the petition with the county clerk. Written notice of the public hearing to be held on a proposed amendment shall be provided to the appropriate office of the department at least ten days prior to the hearing.

(b)

A copy of the county board's decision on each proposed amendment shall be forwarded to the appropriate office of the department within ten days after the decision is issued.

(Ord. No. 2022-12, § 11.10(p)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(p)(2), 8-8-2023)

Any development, any building or structure constructed, moved, or structurally altered, or any use established after the effective date of the ordinance from which this article is derived in violation of the provisions of this article, by any person, firm, association, or corporation (including building contractors or their agents) shall be deemed a violation. The zoning administrator or the county zoning agency shall refer violations to the district attorney or corporation counsel who shall expeditiously prosecute violations.

(Ord. No. 2022-12, § 11.10(q)(intro. ¶), 10-11-2022; Ord. No. 2023-10, § 11.10(q)(intro. ¶), 8-8-2023)

Any person, firm, or corporation, including those doing work for others, who violates any of the provisions of this article shall be subject to a forfeiture of not less than $25.00 nor more than $5,000.00 for each violation plus the cost of prosecution. Each day a violation exists shall constitute a distinct and separate violation of this article and as such, forfeitures shall apply accordingly. The zoning administrator shall refer violations to the corporation counsel who shall prosecute violations.

(Ord. No. 2022-12, § 11.10(q)(1), 10-11-2022; Ord. No. 2023-10, § 11.10(q)(1), 8-8-2023)

Any use or action which violates the provisions of this article shall be subject to a court injunction prohibiting such violation.

(Ord. No. 2022-12, § 11.10(q)(2), 10-11-2022; Ord. No. 2023-10, § 11.10(q)(2), 8-8-2023)

It shall be the responsibility of the applicants as well as their agent or other persons acting on their behalf to comply with the provisions of this article. Any person, firm, or corporation, causing a violation or refusing to comply with any provision of this article will be notified in writing of such violation by the county zoning administrator or their designee. Each day a violation exists shall constitute a distinct and separate violation of this article and, as such, forfeitures shall apply accordingly. Every violation of this article is a public nuisance, and the creation thereof may be enjoined, and the maintenance thereof may be abated pursuant to Wis. Stats. § 59.69(11).

(Ord. No. 2022-12, § 11.10(q)(3), 10-11-2022; Ord. No. 2023-10, § 11.10(q)(3), 8-8-2023)

Whenever the zoning administrator or their designee determines there are reasonable grounds for believing there is a violation of any provision of this article, the zoning administrator or their designee shall give notice to the owner of record as hereinafter provided. Such notice shall be in writing and shall include a statement of the reason for the suspension of the permit. It shall allow 30 days for the performance of any act it requires. If work cannot be completed in the 30-day period, an extension may be granted if reason of hardship prevails and can be verified. Such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to owner's last known address or when the owner has been served by such notice by any method authorized by the laws of the state. The owner of record has the right to appeal any decision by the zoning administrator or their designee or apply to the county board of adjustment for a variance from the strict rule of this article within 30 days of receipt of a notice or order.

(Ord. No. 2022-12, § 11.10(q)(4), 10-11-2022; Ord. No. 2023-10, § 11.10(q)(4), 8-8-2023)

Whenever the zoning administrator finds that an emergency exists such as sudden, unexpected occurrences or combinations thereof, unforeseen conditions or circumstances at the time beyond one's control, adverse weather conditions, meeting a timetable which requires immediate action to protect the public health, safety and welfare, the administrator may, without notice or hearing, issue an order citing the existence of such emergency and may require that such action be taken as may be deemed necessary to meet the emergency. The administrator shall notify the chair of the zoning committee within 24 hours of such situations. Notwithstanding any other provisions of this article, such order shall become effective immediately. Any person to whom such order is directed shall comply therewith immediately. Appeals or challenges to emergency orders may be brought to the board of adjustment after emergency conditions have ceased.

(Ord. No. 2022-12, § 11.10(q)(5), 10-11-2022; Ord. No. 2023-10, § 11.10(q)(5), 8-8-2023)