(a)

Intent and purpose. The floodway district is intended to be used to protect people and property from flood damage by prohibiting the erection of structures that would impede the flow of water during periodic flooding. Permitting structures within the floodway would increase damages in the broader floodplain by increasing flood stages. In delineating the floodway district, the effects of development within the associated Flood fringes shall be computed. No increase in flood stage shall be permitted to meet or exceed 0.01 feet in height unless the City of Mequon has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase and until all such affected units of government have amended their water surface profiles and floodland zoning maps to reflect the increased flood elevations. No increase in flood stage shall be permitted to exceed 1.0 foot under any circumstances.

(b)

Permitted uses.

(1)

Drainage.

(2)

Movement of floodwater.

(3)

Navigation.

(4)

Stream bank protection.

(5)

Water measurement and control facilities.

(6)

Wild crop harvesting.

(7)

Fishing unless prohibited by other laws.

(8)

Farming and related agricultural activities, not including the erection of structures.

(9)

Impoundments.

(10)

Sustained yield forestry.

(11)

Fish hatcheries.

(12)

Wildlife preserves.

(13)

Open parking and loading areas provided that such uses shall not be subject to inundation depths greater than two feet or flood velocities greater than two feet per second.

(14)

Open recreation uses such as parks, sports fields, beaches, bathing, rinks, golf courses and driving ranges, not including structures.

(15)

Outdoor plant nurseries.

(16)

Utility poles, towers and underground conduit for transmitting electricity, telephone, cable television, natural gas and similar products and services.

(c)

Conditional uses. The following floodland uses are conditional uses and may be permitted as specified. The city planning commission shall transmit a copy of each application for a conditional use permit in the floodway district to the Wisconsin department of natural resources (DNR) for review and comment at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. Notice of a floodland conditional use decision shall be transmitted to the DNR within ten days following the decision. The city planning commission may issue a conditional use permit for the following uses after review and public hearings, provided that such conditional uses and structures are found to be in accordance with the purpose and intent of this district and Wis. Admin. Code ch. NR 116. The applicant must show that such use or improvement would not impede drainage, will not cause ponding, will not obstruct the floodway, will not increase flood flow velocities, will not increase the flood stage beyond 0.01 feet in height unless appropriate legal arrangements are made and will not retard the movement of floodwaters. When permitted, all structures shall be flood-proofed and constructed so as not to catch or collect debris nor be damaged by floodwaters.

(1)

Navigational structures.

(2)

Public water measuring and control facilities.

(3)

Bridges and approaches.

(4)

Marinas.

(5)

Park and recreational areas, not including structures.

(6)

Parking lots accessory to permitted uses in the underlying basic use districts, not including new or used vehicle sales or storage areas.

(7)

Filling as authorized by the Wisconsin department of natural resources (DNR) to permit establishment of approved bulkhead lines.

(8)

Other open space uses consistent with the purpose and intent of the district and comparable with uses in adjacent districts, not including structures.

(9)

Municipal water supply and sanitary sewage collection systems are allowed subject to required state and district approvals.

(d)

Maintenance of drainageways. No development in the floodway district shall adversely affect the channels or floodways of the Milwaukee River or its tributaries, drainage ditches or other lands lying outside the floodlands.

(e)

Dumping and filling prohibited. Lands lying within the floodway district shall not be used for dumping or be filled except as authorized to permit establishment of approved bulkhead lines or to accommodate bridge approaches. Normal earth grading activities to permit utilization of lands for open space, outdoor recreation, yard, parking and similar uses are permitted in accordance with this section. Any fill allowed shall conform to the following specifications:

(1)

All fill shall be stabilized in accordance with accepted engineering standards as recommended by the soil conservation service or other qualified agency.

(2)

Fill materials shall contain no brush, roots or other perishable materials; no fly ash, cinders or other pollutants. Rock particles shall be removed from the materials prior to compaction of the fill.

(3)

Fill adjacent to structures shall be placed in a manner which will prevent damage to the structures and will allow the structure to assume the loads from the fill gradually.

(f)

Dangerous materials storage prohibited. Lands lying within the floodway district shall not be used for the storage of materials that are buoyant, flammable, explosive or injurious to human, animal or plant life.

(g)

Incompatible uses prohibited. Lands lying within the floodway district shall not be used for any solid waste disposal site, on-site soil absorption sanitary sewerage system site or the construction of any well which is used to obtain water for ultimate human consumption. Sewage treatment plants and treatment ponds shall not be constructed in the floodway district.

(h)

Mobile homes prohibited. No mobile home, mobile home park or trailer camp shall be placed or moved onto lands lying in the floodway district.

(i)

Nonconforming uses, structures and lots.

(1)

All existing structures that are designed for human habitation, associated with high flood damage potential or not connected with open spaces uses that are located in the floodway district are classified as nonconforming uses and structures. The requirements of this chapter shall not apply to any existing or future structure located in the floodway district. However, when any nonconforming use of such structure is discontinued for 12 consecutive months or 36 cumulative months, any future use of the structure shall conform to the regulations of the floodway district.

(2)

No modifications, additions or structural repairs to a nonconforming use or structure located in the floodway district shall be permitted unless they are made in conformity with the provisions of this section. Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs shall include, but are not limited to, internal and external painting, decorating, paneling and the replacement of doors, windows and other non-structural components.

(3)

Modifications, additions or structural repairs to a structure located in the floodway district shall not increase the amount of obstruction to flood flows.

(4)

Any addition to a structure located in the floodway district shall be flood-proofed by means other than the use of fill, to the flood protection elevation which is a point two feet above the regional flood elevation.

(5)

Structural additions or modifications to a structure located in the floodway district shall not exceed 50 percent of its current local fair market value over the life of the structure.

(6)

Any structure located in the floodway district that is destroyed or damaged to more than 50 percent of its current local fair market value shall not be allowed to be replaced or restored.

(7)

Any request or petition for variance or special exception to the provisions of this section shall be referred to the district office of the state department of natural resources. The city will await the recommendations of the state department of natural resources before taking final action but not to exceed 30 days from the date of the variance or special exception is granted. No variance shall grant a lower degree of flood protection than a point two feet above the 100-year recurrence interval flood level to be contrary to state law.

(j)

Accepted engineering principles. Accepted hydrologic engineering principles shall govern the delineating of the floodway district limits on the zoning map.

(k)

Disclaimer. The city does not guarantee, warrant or represent that only those areas which lie within the lowlands will be subject to periodic inundation and hereby assert that there is no liability on the part of the common council, its agencies or employees of any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.

(Code 1957, § 3.11(1); Ord. No. 2001-1017, § XVIII, 5-8-2001; Ord. No. 2008-1238, § I, 4-8-2008)

(a)

Intent and purpose. The Flood fringe overlay district is intended to provide for and encourage the most appropriate use of land and water in areas subject to periodic flooding and to minimize flood damage to people and property. The flood fringe overlay district shall apply to the flood fringe portions of the Milwaukee River and unnamed tributaries thereof designated as the flood fringe overlay district on the zoning map and shall be in addition to any regulations imposed by the underlying base use district.

(b)

Permitted uses.

(1)

Any use of land that is permitted in the underlying base use district. Examples of such use would be croplands in an agricultural district; required open space in a residential district; or parking or loading areas in a commercial or industrial district; provided that inundation depths for parking and loading areas do not exceed two feet or that such areas are not subject to flood velocities greater than two feet per second upon the occurrence of the 100-year recurrence interval flood.

(2)

Residential commercial, and industrial structures are allowed in the Flood fringe overlay district provided that the structure is permitted in the underlying base use district and complies with the filling requirements stated in section 58-383. All structures shall be provided with dry land access to land outside the floodplain. Where existing streets or sewer lines are at elevations which make dry land access impractical, the city may permit development where access roads are at or below the 100-year recurrence interval flood stage, provided that the city has written assurance from appropriate police and fire departments and emergency service agencies that rescue and relief services will be provided to properties in the area by wheeled vehicles during a flood event or the city has an adopted natural disaster plan concurred with by the Wisconsin division of emergency management and approved by the Wisconsin department of natural resources. The finished surface of the lower level (excluding basement or crawl-way) shall be constructed or placed at an elevation that is at least two feet above the elevation of the 100-year recurrence interval flood. Basement or crawl-way may be placed at the 100-year recurrence interval flood elevations provided that the basement or crawl-way is flood proofed to the flood projection elevation. Mobile homes shall not be permitted on the floodplain fringe overlay district. Accessory structures are allowed in the Flood fringe overlay district provided that the structure is permitted in the underlying base use district and complies with the filling requirements of section 58-384 and shall be flood-proofed so as not to catch or collect debris nor be damage by floodwaters. Certification of floodproofing shall be made to the building inspector and shall consist of a plan or documentation certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths and other factors associated with the 100-year interval flood.

(3)

Municipal and private water supply, sanitary sewage collection systems, and public facilities and improvements are allowed subject to required state and district agency approval.

(c)

Filling. No filling shall be allowed within the FFO zoning district except as follows: The placing of fill necessary for additions to existing structures or construction of public improvements within the FFO district shall be allowed only when such filling does not cause any increase equal to or greater than 0.01 foot in the height of the regional flood or will not affect any existing drainage courses or facilities. Determination of the amount of increase that will occur shall be by the Wisconsin department of natural resources (DNR).

(d)

Accepted engineering principles. Accepted hydrologic engineering principles shall govern the delineating of the Flood fringe overlay district limits on the zoning map.

(e)

Disclaimer. The city does not guarantee, warrant or represent that only those areas which lie within the floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the common council, its agencies or employees of any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.

(Code 1957, § 3.11(2); Ord. No. 95-853, 5-9-1995; Ord. No. 2001-1017, § IXX, 5-8-2001)

(a)

Intent and purpose. Uncontrolled use of the shoreland-wetlands and the pollution of the navigable waters of the City of Mequon 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:

(1)

Promote the public health, safety, convenience and general welfare.

(2)

Maintain the storm and floodwater storage capacity of wetlands.

(3)

Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters.

(4)

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

(5)

Prohibit certain uses detrimental to the shoreland-wetland area.

(6)

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.

(b)

Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the City of Mequon shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. All permitted development shall require a letter of compliance issued by the department of community development unless otherwise expressly excluded by a provision of this chapter. This section is adopted pursuant to the authorization in Wis. Stats. § 62.231.

(c)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this section 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. § 30.3022(1) applies.

(d)

Abrogation and greater restrictions. This section supersedes all the provisions of any ordinance which relates to shoreland-wetlands, except that where another ordinance is more restrictive than this section, that article shall continue in full force and effect to the extent of the greater restrictions, but no otherwise. This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(e)

Interpretation. In their interpretation and application, the provisions of this section 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 section is required by a standard in Wis. Admin. Code Ch. NR 117 and where the ordinance provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the most recent text amendment to this section.

(f)

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

(g)

Shoreland/wetland inventory maps.

(1)

The conservancy zoning district includes all designated wetlands in the City of Mequon which are five acres or more in area, and are within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages or within 300 feet of the ordinary high-water mark of navigable rivers or streams or to the 100-year floodplain elevation, whichever distance is greater.

(2)

The Wisconsin wetland inventory maps stamped "final" and dated January 31, 1986, as amended, are hereby adopted by reference and declared to be a part of this section. The Wisconsin wetland inventory maps are on file in the city engineer's office at the Mequon city hall.

(3)

Determinations of navigability and ordinary high-water mark location shall initially be made by the city. When questions arise, the city shall contact the appropriate district office of the department for a final determination of navigability or ordinary high-watermark. Wisconsin's supreme court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and water flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.

(4)

When an apparent discrepancy exists between the shoreland/wetland district boundary shown on the official zoning maps and actual field conditions the city shall contact the appropriate district office of the department to determine if the shoreland-wetland district boundary as mapped is in error. If department staff concurs with the city that a particular area is incorrectly mapped as a wetland, the department of community development shall have the authority to immediately grant or deny a letter of compliance in accordance with the regulations applicable to the correct zoning district. Unapproved, artificial changes may not be used as evidence of incorrect mapping. In order to correct wetland mapping errors shown on the official shoreland-wetland zoning maps, the department of community development shall be responsible for initiating a map amendment within three months from the time the error was identified.

(h)

Permitted uses.

(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.

(6)

The construction and maintenance of duck blinds.

(7)

The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.

(8)

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing or harvesting cranberries.

(9)

The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible.

(10)

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

(11)

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

(12)

The installation and maintenance of sealed drainage 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 adverse impacts upon the natural functions of the shoreland-wetland.

(13)

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

(14)

Protecting shorelands, residences, and accessory structures and uses against erosion.

(i)

Conditional uses.

(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 under section 58-384 of this chapter, provided that:

a.

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

b.

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland.

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.

e.

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

(2)

The construction and maintenance of non-residential 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.

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 subsection 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 subsection are allowed only where such construction and maintenance meets the criteria in this chapter.

d.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and 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, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:

a.

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

b.

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

c.

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetlands.

(j)

Prohibited uses.

(1)

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

(2)

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.

(k)

Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of this section, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

(1)

Notwithstanding Wis. Stats. § 62.23(7)(h), the repair, reconstruction, renovation, remodeling or expansion of a legal nonconforming structure in existence at the time of adoption or subsequent amendment of this section adopted under Wis. Stats. § 62.231, or of an environmental control facility in existence on May 7, 1982, related to that structure, is permitted under Wis. Stats. § 62.231(5).

(2)

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

(3)

Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this section adopted under Wis. Stats. § 62.231 or Wis. Stats. § 61.351, may be continued although such use does not conform with the provisions of this section. However, such nonconforming use may not be expanded or enlarged.

(4)

The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.

(5)

Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(l)

Administration. The director of community development or his duly authorized representative shall administer the provisions of this section. The director shall review all development permits to determine that the requirements of this section have been satisfied and that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(m)

Standards for development. Any proposed development to improved or unimproved lands located in a shoreland-wetland area shall require a letter of compliance issued by the department of community development prior to commencement of said development. Application for a letter of compliance shall be made to the department of community development. development shall include but not be limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations and deposition of materials. The applicant for a letter of compliance shall be responsible for securing all other necessary permits from all appropriate federal and state agencies.

(n)

Amendments to regulations or boundaries.

(1)

A copy of each proposed amendment to this section of this chapter or to the conservancy zoning district map shall be submitted to the appropriate district office of the department of natural resources within five days of the submission of the proposed amendment to the department of community development.

(2)

All proposed ordinance and map amendments to the CD district shall be referred to the department of community development, and a public hearing shall be held as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the department of natural resources shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(3)

In order to insure that this section will remain consistent with the shoreland protection objectives of Wis. Stats. § 281.31, a wetland in the CD zoning district, or any portion thereof, may not be rezoned if the proposed rezoning would result in a significant adverse impact upon any of the following wetland functions:

a.

Storm and flood water storage capacity;

b.

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;

c.

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

d.

Shoreline protection against erosion;

e.

Fish spawning, breeding, nursery or feeding grounds;

f.

Wildlife habitat; or

g.

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

(4)

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

(5)

The appropriate district office of the DNR shall be provided with:

a.

A copy of the recommendation and report, if any, of the department of community development on a proposed section or map amendment, within ten days after the submission of those recommendations to the common council.

b.

Written notice of the action on the proposed text or map amendment within ten days after the action is taken.

(6)

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

(o)

Variances, appeals or conditional uses. Notice of any request or petition for variance appeal or conditional use to the provisions of this section shall be referred to the district office of the department of natural resources at least ten days prior to the public hearing date. The city shall await the recommendations of the DNR before taking final action but not to exceed 30 days from the date the variance or conditional use is granted. A copy of all decisions granting a variance, appeal or special exception relating to this section shall be mailed to the district office of the DNR within ten days of such decision.

(p)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory structure or use means 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.

DNR means the Wisconsin department of natural resources.

Navigable waters means Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state which are navigable under the laws of this state. Shoreland ordinances required under Wis. Stats. § 62.231(6) and Wis. Admin. Code ch. NR 117 do not apply to lands adjacent to farm drainage ditches if:

(1)

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

(2)

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

(3)

Such lands are maintained in nonstructural agricultural use.

Ordinary high-water mark 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 characteristic.

Shorelands 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 100-year floodplain elevation, whichever distance is greater.

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

Wetlands means 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.

(Code 1957, § 3.11(3); Ord. No. 2001-1017, § XX, 5-8-2001)

State Law reference— Zoning of wetlands in shorelands, Wis. Stats. § 62.231.

(a)

Intent and purpose. The general conservancy district is intended to conserve, protect and enhance areas of ponds, wetlands, woodlands, poor soils, steep slopes and drainageways which are not regulated under the floodway district, floodplain fringe overlay district and shoreland wetland/conservancy district. The conservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve ground and surface water quality; reduce flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities and significant woodlands; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the city.

(b)

Permitted use.

(1)

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 and that does not involve filling, flooding, draining, dredging, ditching, tiling or excavating.

(2)

The practice of silviculture, including the planting, thinning and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silviculture activities if not corrected.

(3)

Construction and maintenance of fences.

(4)

Existing agricultural uses provided they do not involve extension of cultivated areas, extension of or creation of new drainage systems and further provided they do not substantially disturb or impair the natural fauna, flora, topography or water regimen.

(5)

Ditching, tiling, dredging, excavating or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.

(6)

The construction and maintenance of piers, docks and walkways, including those built on pilings.

(7)

The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

(c)

Conditional uses.

(1)

Single-family detached residential development may be allowed at a maximum density of one unit per five acres of land.

(2)

The construction of streets which are necessary for the city street system, necessary for the provision of essential utility and public safety services or necessary to provide access to permitted open space uses provided that:

a.

The street cannot, as a practical matter, be located outside a wetland; and

b.

The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetlands and meets the following standards:

1.

The street shall be designed and constructed for the minimum cross-section practical to serve the intended use;

2.

Street construction activities are to be carried out in the immediate area of the roadbed only; and

3.

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is to be done must be necessary for the construction or maintenance of the street.

(3)

The establishment and development of public and private parks and recreation area, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private habitat areas in the general conservancy district, provided that:

a.

Any private recreation or wildlife habitat area must be used exclusively for that purpose;

b.

No filling is to be done; and

c.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

(4)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter. Note: when a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(5)

The construction and maintenance of railroad lines in the general conservancy district, provided that:

a.

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

b.

Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural function of the wetlands.

(6)

Stormwater management systems including drainage channels and swales, detention and retention ponds and associated stormwater management facilities provided that the city engineering department has reviewed and approved a stormwater management plan for the proposed site. The stormwater management plan shall contain all information that the city engineer may need to determine runoff rates and volumes and their control. Such plans may include, as may be appropriate, profiles and cross sections, design assumptions and hydraulic design computations for proposed stormwater management facilities. The city engineering department may impose time schedules for the completion of drainage facilities and may require appropriate sureties to guarantee that proposed facilities are constructed in accordance with approved plans and time schedules.

(Code 1957, § 3.11(4); Ord. No. 2001-1008, 3-13-2001; Ord. No. 2001-1017, § XXI, 5-8-2001)

State Law reference— Construction site erosion control and stormwater management zoning, Wis. Stats. § 62.234.