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Eagle River Town City Zoning Code

ARTICLE X

- SHORELAND/WETLAND ZONING12


Footnotes:
--- (12) ---

Editor's note—Ordinance No. 568, adopted Jan. 12, 2021, repealed Art. X in its entirerty to read as set out herein. Former Art. X, §§ 106-801—106-807 pertained to groundwater protection overlay district and derived from Ord. No. 559, § 1, adopted Nov. 13, 2018.


Sec. 106-780.- Penalties.

Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of the ordinance from which this chapter is derived in violation of the provisions of this chapter by any person, including building contractors or their agents, will be deemed a violation. Any person who violates or refuses to comply with any of the provisions of this chapter will be subject to section 1-11, together with the taxable costs of such action. Each day of continued violation will constitute a separate offense. Every violation of this chapter is a public nuisance, and the creation may be enjoined and the maintenance may be abated by action pursuant to Wis. Stats. § 87.30(2). Property owners cannot fill in or alter a wetland nor construct any structure within a wetland without a permit from the Wisconsin DNR. Property owners are encouraged to perform a wetland delineation prior to requesting a permit to construct a structure near the wetland. Property owners are not allowed to construct a structure past the high-water mark of the shoreline nor are they allowed to construct a structure within the identified flood plain as identified in the flood plain flood maps. The city will not be held responsible for issuing a zoning permit that violate these provisions - the property owner is fully responsible for determining the wetland, the high-water mark and flood plain and the city retains the right to not issue a zoning permit if the city believes that the property owner will violate these provisions.

(Code 1972, § 19.18; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Sec 106-781. - Additional shoreland/wetland provisions.

The shoreland-wetland provisions of this chapter authorized by Wis. Stats. § 62.231 will not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions or of any environmental control facility in existence on May 7, 1982, related to such a structure. All other modifications to nonconforming structures are subject to Wis. Stats. § 62.23(7)(h), which limits total lifetime structural repairs and alterations to 50 percent of current fair market value.

(Code 1972, § 19.08; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)