This article is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 61.351 for villages or §§ 62.23 and 62.231 for cities and §§ 87.30 and 144.26.

(Ord. No. 92-104, § 1.1, 11-30-1992)

Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality 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 flood water 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; and

(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.

(Ord. No. 92-104, § 1.2, 11-30-1992)

The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. (However, see section 78-365 for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this article.

(Ord. No. 92-104, § 2.1, 11-30-1992)

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 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.

(Ord. No. 92-104, § 2.2, 11-30-1992)

(a)

This article supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 61.35, 62.23 or 87.30, which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this article, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(b)

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.

(Ord. No. 92-104, § 2.3, 11-30-1992)

In their interpretation and application, the provisions of this article 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 article is required by a standard in Chapter NR 117, Wis. Adm. Code, 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 adoption of this ordinance or in effect on the date of the most recent text amendment to this article.

(Ord. No. 92-104, § 2.4, 11-30-1992)

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

(Ord. No. 92-104, § 2.5, 11-30-1992)

The Outagamie County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the municipality for all areas annexed by the municipality after May 7, 1982. These annexed lands are described on the municipality's official zoning map. The Outagamie County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator.

(Ord. No. 92-104, § 2.6, 11-30-1992)

(a)

For the purpose of administering and enforcing this article, 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 article mean:

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

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

Class 2 public notice means publication of a public hearing notice under Wis. Stats. ch. 985, in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.

Department means the Wisconsin Department of Natural Resources.

Development means 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 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.

Environmental control facility means 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) means 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 means 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), not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. §§ 61.351 or 62.221, and chapter NR 117, Wis. Adm. Code, 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.

"Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis (Muench v. Public Service Commission, 261 Wis. 491(1952) and Degaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)). 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."

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.

Planning agency means the municipal plan commission created under Wis. Stats. § 62.23(1), a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.

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 landward side of the floodplain, whichever distance is greater.

Shoreland-wetland district means 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 article.

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 article.

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

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.

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

(Ord. No. 92-104, § 8.0, 11-30-1992)

The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this article in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2., NR 117, Wis. Adm. Code, and the following:

(1)

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 municipal planning agency.

(2)

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after Class II notice 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.

(3)

In order to ensure that this article will remain consistent with the shoreland protection objectives of Wis. Stats. § 144.26, the municipal governing body 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 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 department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (3) of this section, the department 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 department shall be provided with:

a.

A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within ten days after the submission of those recommendations to the municipal governing body.

b.

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

(6)

If the department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (a)(3) that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the department, as required by subsection (a)(5)b. If within the 30-day period, the department notifies the municipality that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Wis. Stats. §§ 62.231(6) and 61.351(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats. § 62.231(6) or § 61.351(6) is completed or otherwise terminated.

(Ord. No. 92-104, § 6.0, 11-30-1992)

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 ordinance in violation of the provisions of this article, 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 municipal planning agency and the district attorney, corporation counsel or municipal 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 article shall be subject to a forfeiture of not less than $5.00 nor more than $500.00 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this article is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).

(Ord. No. 92-104, § 7.0, 11-30-1992)