This chapter is adopted pursuant to the authorization in Wis. Stats. §§62.23, 62.231, 87.30, and 144.26.

(a)

Findings of fact. Uncontrolled use of the shoreland-wetlands and the pollution of the navigable waters of the City of Glendale would adversely affect the public health, safety, convenience and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and preserve shore cover and natural beauty.

(b)

Purpose. To promote the public health, safety, convenience and general welfare, this chapter has been established to:

(1)

Further the maintenance of safe and healthful conditions;

(2)

Prevent and control water pollution by filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters and to maintain storm and flood water capacity;

(3)

Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat;

(4)

Prohibit certain uses detrimental to the shoreland-wetland area; and

(5)

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.

Shoreland-Wetland Zoning Ordinance/chapter for the City of Glendale, Wisconsin.

Any development in shoreland-wetlands shall be in full compliance with the terms of this chapter. It is the responsibility of the applicant to secure all other necessary permits from appropriate federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 134.

Unless specifically exempted by law, all cities, villages, town and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if Wis. Stats. §13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Wis. Stats. §30.12(4)(a), applies.

(a)

This chapter supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §62.23 or 87.30, which relate to shoreland- wetlands, except that where another municipal zoning ordinance is more restrictive than the provisions contained in this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(b)

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

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in chapter NR 117, Wis. Adm. Code, and where the chapter provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.

Should any portion of this chapter be declared invalid or unconstitutional for any reason by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Larger floods may occur or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this chapter does not imply that areas outside of the delineated floodplain or permitted land uses within the floodplain will be totally free from flooding and associated flood damages. Nor does this chapter create liability on the part of, or a cause of action against, the city or any officer or employee thereof for any flood damage that may result from reliance on this chapter.

This chapter is adopted to maintain safe and healthful conditions, to prevent and control water pollution, to protect fish spawning grounds, fish and aquatic life and wildlife habitation, 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 should occur in a manner which minimize adverse impacts upon the wetland.

The following maps are hereby adopted and made part of this chapter, and are on file in the office of the city engineer: Wisconsin Wetland Inventory maps stamped "FINAL" on January 6, 1988.

(a)

The shoreland-wetland zoning district includes all wetlands in the City of Glendale, Wisconsin, which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this chapter in section 13.3.21.

(b)

Determinations of navigability and ordinary high-water mark shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the department for the final determination of navigability or ordinary high-water mark.

(c)

When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official shoreland-wetland zoning maps and the actual field condition at the time the maps were adopted, the zoning administrator shall contact that appropriate district office of the department to determine if the shoreland-wetland district boundary as mapped is in error. If the department staff concurs with the zoning administrator that a particular area was inc9rrectly mapped as a wetland, the zoning administrator shall have the authority. to immediately grant or deny a land use or building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official shoreland-wetland zoning maps, the zoning administrator shall be responsible for initiating a shoreland- wetland map amendment within a reasonable period.

The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable:

(a)

Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

(1)

Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;

(2)

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;

(3)

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

(4)

The pasturing of livestock.

(5)

The cultivation of agricultural crops; and

(6)

The construction and maintenance of duck blinds.

(b)

Uses which do not require the issuance of a building permit and which may involve wetland alterations only to the extent specifically provided below:

(1)

The maintenance and repair of existing drainage ditches, where permissible under Wis. Stats. §30.20, or of other existing drains systems (such as tiling) to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Wis. Stats. ch. 30, and that dredged spoil is placed on existing spoil banks where possible;

(2)

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

(3)

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed in section 13.3.38(c) of this chapter; and

(4)

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

(c)

Uses which are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided below:

(1)

The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted in this section, provided that:

a.

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

b.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in section 13.3.38(c) of this chapter;

c.

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

d.

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

e.

Any wetland alteration must be necessary for the construction or maintenance of the road.

(2)

The construction and maintenance of nonresidential buildings provided that:

a.

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

b.

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

c.

The building does not exceed 500 square feet in floor area; and

d.

Only limited filling and excavating necessary to provide structural support for the building is allowed.

(3)

The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

a.

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

b.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

c.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in subsection (c)(1) of this section; and

d.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

(4)

The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities provided that:

a.

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

b.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

c.

Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in section 13.3.38(c) of this chapter.

(5)

The construction and maintenance of railroad lines, provided that:

a.

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

b.

Only limited wetland alteration necessary for such construction or maintenance is allowed; and

c.

Such construction or maintenance is done in a manner designed to minimize the adverse impact, upon the natural functions of the wetland as listed in section 13.3.38 of this chapter.

(a)

Any use not listed in section 13.3.23 of this chapter is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with section 13.3.38 of this chapter.

(b)

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

The zoning administrator shall have the following duties and powers:

(a)

Advise applications as to the provisions of this chapter and assist them in preparing permit applications and appeal forms.

(b)

Issue permits and certificates of compliance and inspect properties for compliance with this chapter.

(c)

Keep records of all permits issued, inspections made, work approved and other official actions.

(d)

Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.

(e)

Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation and map or text amendments within ten days after they are granted or denied to the appropriate district office of the department.

(f)

Investigate and report violations of this chapter to the appropriate city planning agency and the district attorney, corporation counsel or city attorney.

(a)

When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a building permit shall be obtained from the zoning administrator before any new development, as defined in section 13.3.41(b)(4) of this chapter, or any change in the use of an existing building or structure is initiated.

(b)

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

(1)

General information.

a.

Name, address and telephone number of applicant, property owner and contractor, where applicable.

b.

Legal description of the property and a general description of the proposed use or development.

c.

Whether or not a private water or sewage system is to be installed.

(2)

Site development plan. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:

a.

Dimensions and area of the lot;

b.

Location of any structures with distances measured from the lot lines and centerline of all abutting streets or highways;

c.

Location of any existing or proposed on-site sewage systems or private water supply systems;

d.

Location of the ordinary high-water mark of any abutting navigable waterways;

e.

Location and landward limit of all wetlands;

f.

Existing and proposed topographic and drainage features and vegetative cover;

g.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps used to delineate floodplain areas;

h.

Location of existing or future access roads; and specifications and dimensions for areas of proposed wetland alteration;

(For purposes of this Section, "scale" shall be one inch equals 50 feet (1" = 50') for districts zoned other than public and semi-public or agricultural. For all other zoning classifications, the scale shall be one inch equals 100 feet 1" = 100')

(c)

Expiration. All permits issued under the authority of this chapter shall expire one year from the date of issuance.

(a)

Except where no building permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator subject to the following provisions:

(1)

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

(2)

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

(3)

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

(b)

The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof, pursuant to rules and regulations established therefor by the common council.

(c)

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, 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 chapter.

(a)

Conditional use permit procedures. The city plan commission may authorize the zoning inspector to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are m accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. The district office of the Department of Natural Resources shall be provided written notice of any public hearing held hereunder at least ten days prior to the date of hearing.

(b)

Application. Applications for conditional use permits shall be made in duplicate to the zoning administrator on the forms furnished by the zoning administrator and shall include the following:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing all of the information required for a zoning permit and, in addition, the following: mean and historic high water lines, on or within 40 feet of the subject premises, and existing and proposed landscaping. Survey by a registered land surveyor may be waived by the zoning administrator.

(4)

Additional information as may be required by the city plan commission, city engineer, zoning, building, plumbing or health inspectors.

(5)

Fee receipt from the city clerk of the City of Glendale in the amount of $300.00.

(c)

Review and approval.

(1)

The city plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.

(2)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access traffic ways and within 1,500 feet of its existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The city plan commission shall request such review and await the highway agency's recommendations for a period not to exceed 60 days before taking final action.

(3)

Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation restrictions, highway access restrictions, increased yards or parking requirements may be required by the city plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter. The city plan commission shall require an applicant to post a cash or surety bond to insure completion of the conditions it places on the use of the property.

(4)

Compliance with all other provisions of this chapter and the Zoning Ordinance of the City of Glendale, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses.

Fees shall be established pursuant to section 3.6.2 for permits.

(Ord. No. 24-13, § 6, 10-14-2024)

Where a building permit or conditional use permit is approved, an appropriate record shall be made by the zoning administrator of the land use and structures permitted.

Where the conditions of a building permit or conditional use permit are violated, the permit shall be revoked by the board of appeals.

(a)

Appointment. The mayor shall appoint a board of appeals under title 2, chapter 4 of this Code of Ordinances and Wis. Stats. §62.23(7)(e), consisting of five members subject to confirmation by the common council. The board of appeals shall adopt rules for the conduct of the business of the board of appeals as required by Wis. Stats. §62.23(7)(e)3.

(b)

Powers and duties. The board of appeals shall:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this Chapter.

(2)

Hear and decide applications for conditional use permits under this chapter.

(3)

May authorize, upon appeal in specific cases, such variance from the terms of the chapter as shall not be contrary to the public interest, where owing to special conditions, a literal enforcement of this chapter will result in unnecessary hardship. In the issuance of a variance, the spirit of the chapter shall be observed and substantial justice done. No variance from the terms of this chapter shall be granted which is contrary to the public interest. A variance may be granted where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. The granting of a variance shall not have the effect of granting or extending any use of property which is prohibited in that zoning district by this chapter.

(c)

Appeals and applications. Appeals from the decision of the zoning administrator concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board or bureau of the city. Such appeals shall be filed with the city clerk within 30 days after the date of written notice of the decision or order of the zoning administrator. Applications may be made by the owner or lessee of the structure, land or water to be affected at any time and shall be filed with the city clerk. Such appeals and application shall include the following:

(1)

Name and address of the appellant or applicant and all abutting and opposite property owners of record.

(2)

Plat of survey prepared by a registered land surveyor showing all of the information required under the city Zoning Code for a zoning permit.

(3)

Additional information required by the city plan commission, city engineer, board of zoning appeals or zoning administrator.

(4)

Fee receipt from the city clerk in the amount of $250.00.

(d)

Public hearing.

(1)

Before making a decision on an appeal, the board of appeals shall, within a reasonable period of time, hold a public hearing. The board shall give public notice of the hearing 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. At the public hearing, any party may appear in person, by agent or by attorney and present testimony.

(2)

A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the department at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.

(e)

Findings. No variance to the dimensional standards of this Chapter shall be granted by the Board of Appeals unless it finds, beyond a reasonable doubt, that all the following facts and conditions exist and so indicates in me minutes of its proceedings:

(1)

Exceptional circumstances. There must be exceptional, extraordinary or unusual circumstances of conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of such general or recurrent nature as to suggest that the Zoning Ordinance should be changed.

(2)

Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(3)

Absence of detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(f)

Decisions.

(1)

The board of zoning appeals shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, zoning administrator, city plan commission and the appropriate district office of the department within ten days after the decision is issued.

(2)

Conditions may be placed upon any zoning permit ordered or authorized by this board.

(g)

Hearings. The board of zoning appeals shall fix a reasonable time and place for the hearing, give public notice thereof at least ten days prior, and shall give due notice to the parties in interest, the zoning inspector and the city plan commission. Written notice of the public hearing shall also be provided to the district office of the department of natural resources at least ten days prior to the date of the hearing. At the hearing, the appellant or applicant may appear in person, by agent or by attorney.

The common council may, from time to time, alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of Wis. Stats. §62.23(7)(d)2, and the following:

(a)

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Department within five days of the submission of the proposed amendment to the city planning agency.

(b)

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the city plan commission, and a public hearing shall be held as required by Wis. Stats. §62.23(7)(d)2. The appropriate district office of the Department shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(c)

In order to insure that the shoreland protection objectives in Wis. Stats. §144.26, will be accomplished by the amendment, the common council may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:

(1)

Storm and flood water storage capacity;

(2)

Maintenance of dry season stream flow or 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)

Areas of special recreational scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(d)

Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (c) of this section, the department shall so notify the city of its determination either prior to or during the public hearing held on the proposed amendment.

(e)

The appropriate district office of the department shall be provided with: (1) A copy of the recommendations and report, if any, of the city plan commission on the proposed text or map amendment within ten days after the submission of those recommendations to the common council; and (2) Written notice of the common council's action on the proposed text or map amendment within ten days after the action is taken.

(f)

If the department notifies the city plan commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (c) of this section, that proposed amendment, if approved by the common council, may not become effective until more than 30 days have elapsed since written notice of the common council approval was mailed to the department, as required by subsection (e) of this section. If, within the 30 day period, the department notifies the common council that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the city under Wis. Stats. §62.231(6), the proposed amendment may not become effective until the ordinance adoption procedure under Wis. Stats. §62.231(6), is completed or otherwise terminated.

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 this chapter in violation of the provisions of this chapter, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The zoning administrator shall refer violations to the common council, plan commission and the city attorney who shall prosecute such violations. Any person, firm, association or corporation who violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture as specified in section 1.1.7, "general penalties," of this Code of Ordinances, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the city, the state or any citizen thereof pursuant to Wis. Stats. §87.30(2).

(a)

For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words. in the plural number include the singular number. The word "shall" is mandatory, not permissive. 'All distances unless otherwise specified shall be measured horizontally.

(b)

The following terms used in this chapter mean:

Accessory structure or use. A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

Boathouse. As defined in Wis. Stats. §30.121(1), 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 structural parts.

Department. The Wisconsin Department of Natural Resources.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

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

Environmental control facility. Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Fixed houseboat. As defined in Wis. Stats. §30.121(1), a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either-by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Navigable waters. Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this State, including the Wisconsin portion of boundary waters, which are navigable under the laws of this State. Under Wis. Stats. §144.26(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. §62.231, and Chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:

a.

Such lands are not adjacent to a natural navigable stream or river;

b.

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

c.

Such lands are maintained in nonstructural agricultural use.

Ordinary high-water mark. The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic.

Planning agency. The city plan commission created under Wis. Stats. §62.23(1).

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

Shorelands. Lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Shoreland-wetland district. The zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this chapter as described in section 13.3.11 of this chapter.

Special exception or conditional use. A use which is permitted by this ordinance provided that certain conditions specified in the chapter are met and that a permit is granted by the board of appeals or, where appropriate, the planning agency designated by the common council.

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

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

Wetlands. Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wetland alteration. Any filling flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.