This article is adopted pursuant to the authorization found in Wis. Stats. §§ 62.23, 62.231, 87.30 and, 281.33, for the purpose of complying with the mandate of Wis. Stats. §§ 62.23, 65.231, 87.30 and 281.33.

(Ord. No. O86-2356, § 1, 4-2-1986)

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

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.

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 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. § 62.231, 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 uses.

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 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.

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.

(Ord. No. O86-2356, § 2, 4-2-1986)

(a)

This article supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. § 62.23 or Wis. Stats. § 87.30 which relate to shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than the provisions contained in 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 restriction, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this article shall prevail.

(Ord. No. O86-2356, § 16, 4-2-1986)

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 state statutes. Where a provision of this article is required by a standard in Wis. Admin. Code ch. NR 117 and where the article provision is unclear, the provision shall be interpreted in light of Wis. Admin. Code ch. NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent test amendment to this article.

(Ord. No. O86-2356, § 17, 4-2-1986)

(a)

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 article is derived in violation of the provisions of this article shall be deemed a violation. The building inspector shall refer violations to 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 article shall be subject to a forfeiture of not more than $1,000.00 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 city, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).

(b)

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 state department of transportation are exempt when, Wis. Stats. § 30.3022(1) applies.

(Ord. No. O86-2356, § 15, 4-2-1986)

The building inspector shall have the following duties and powers:

(1)

Issue shoreland-wetland use permits and certificates of compliance and inspect properties for compliance with this article.

(2)

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

(3)

Submit copies of decisions of variances, 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 state department of natural resources.

(4)

Investigate and report violations of this article to the city attorney.

(Ord. No. O86-2356, § 10, 4-2-1986)

For the purposes of this article, the existing lawful use of a structure, building or property, or its accessory use, which is not in conformity with the provisions of this article may be continued subject to the following conditions:

(1)

The repair, reconstruction, renovation, remodeling or expansion of a legal nonconforming structure in existence at the time adoption or subsequent amendment of this article is permitted.

(2)

The repair, reconstruction, renovation, remodeling or expansion of an environmental control facility in existence on May 1982, is permitted except that Wis. Stats. § 62.23(7)(h) applies to any environmental control facility that was not in existence on May 7, 1982, but was in existence on the effective date of the ordinance from which this article is derived or amendment.

(3)

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 the appropriate provisions of this article.

(4)

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 article may be continued although such use does not conform with the provisions of this article. However, such nonconforming use may not be extended.

(5)

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

(Ord. No. O86-2356, § 9, 4-2-1986)

Except as provided in section 122-1063, no development, use, alteration, construction, grading, filling, dredging, excavation or other change to any part of a shoreland-wetland zoning district may commence or occur unless a shoreland-wetland use permit has been obtained. Whenever required by this article, a shoreland-wetland use permit may be attained by application to the building inspector. The application shall include the following information:

(1)

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

(2)

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

(3)

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

(4)

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

a.

Dimension and area of the lot;

b.

Location of any structures with distances measure from the lot lines and center line 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

i.

Specifications and dimensions for areas of proposed wetlands alteration.

(5)

Such information as the building inspector may require for the approval of a permit. The building inspector shall issue a shoreland-wetland use permit for any use permitted by this article except as provided in section 122-1063.

(6)

No permit shall be issued until payment of a permit fee. The fee shall be in the same amount as that required for issuance of a building permit.

(7)

All shoreland-wetland use permits shall expire one year from the date of issuance.

(8)

When the conditions of a shoreland-wetland use permit have been violated, the permit shall be revoked.

(Ord. No. O86-2356, § 11, 4-2-1986)

(a)

Whenever a shoreland-wetland 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 building inspector subject to the following provisions:

(1)

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

(2)

Application for such certificate shall be concurrent with the application for a shoreland-wetland use permit.

(3)

The certificates of compliance shall be issued within ten days after the completion of the work specified in the shoreland-wetland use permit, providing the building or premises or proposed use thereof conforms with all provisions of this article.

(b)

The building inspector may issue a temporary certificate of compliance for a building, premises or part thereof.

(c)

Upon written request from the owner, the building inspector 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 article.

(d)

No certificate of compliance shall be issued until payment of a fee equaling the fee required for a certificate of occupancy.

(Ord. No. O86-2356, § 12, 4-2-1986)

(a)

Any person aggrieved by any order, requirement, decision, or determination made under this article may appeal to the board of zoning appeals. Such appeals shall be taken within a reasonable time, as provided by the rules of the board by filing with the building inspector from whom the appeal is taken, and with the board of appeals, a notice of appeal specifying the reasons therefor. The building inspector shall transmit to the board all the papers constituting the record on which the appeal action was taken.

(b)

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

(c)

At least ten days prior to any hearing under subsection (b) of this section, a notice of hearing shall be mailed to the district office of the state department of natural resources.

(d)

The final disposition of an appeal to the board of appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, signed by the board chairperson. Such decision shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution.

(e)

A copy of such decision shall be mailed to the parties in interest and the district office of the state department of natural resources within ten days after the decision is issued.

(Ord. No. O86-2356, § 13, 4-2-1986)

(a)

The city council may from time to time, 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 and the following:

(1)

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

(2)

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 before either the city plan commission or common council as required by Wis. Stats. § 62.23(7)(d)2. The district office of the state department of natural resources shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(b)

In order to ensure that the shoreland protection objectives in Wis. Stats. § 144.26 will be accomplished by the amendment, the city 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 breeding grounds;

(6)

Wildlife habitat; or

(7)

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

(c)

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

(d)

The district office of the state department of natural resources 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 city council; and

(2)

Written notice of the city council's action of the proposed text or map amendment within ten days after the action is taken.

(e)

If the state department of natural resources 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 (b) of this section, that proposed amendment, if approved by the city council, may not become effective until more than 30 days have elapsed since written notice of the city council approval was mailed to the state department of natural resources, as required by subsection (d) of this section. If within the 30-day period the state department of natural resources notifies the city council that it 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.

(Ord. No. O86-2356, § 14, 4-2-1986)

The "Wisconsin Wetland Inventory Map," stamped "Final" on October 31, 1985, is hereby adopted and made a part of this division. A copy of said map shall be kept on file in the office of the city clerk. The following maps are also adopted and made a part of this division and shall be kept on file in the office of the city clerk:

(1)

Flood Insurance Rate Maps, City of Superior, Wisconsin, Douglas County Community Panel Numbers 550116 0001-0007, dated February 23, 1979.

(2)

U.S. Department of the Interior Geological Survey:

a.

West Duluth Quadrangle, Wisconsin-Minnesota, NW ¼ Superior 15′ Quadrangle, 1954.

b.

Superior Quadrangle, Wisconsin-Minnesota, NE ¼ Superior 15′, Quadrangle, 1969.

c.

Parkland Quadrangle, Wisconsin-Minnesota, NW ¼ Poplar 15′ Quadrangle, 1954.

(Ord. No. O86-2356, § 3, 4-2-1986)

There is hereby established a shoreland-wetland zoning district which shall include any wetland which is all of the following:

(1)

Five acres or more in area;

(2)

Shown on the final shoreland-wetland zoning map described in section 122-1030; and

(3)

Either:

a.

Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages in the city shall be presumed to be navigable if they are listed in the department publication "Surface Water Resources of Douglas County" or are shown on the United States Geological Survey quadrangle maps, floodplain, or other zoning base maps which have been incorporated by reference and made a part of this division in section 122-1030; or

b.

Within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps, floodplain, or other zoning base maps which have been incorporated by reference and made a part of this division in section 122-1030. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing community floodplain zoning maps used to delineate floodplain areas which have been adopted by the city shall be used to determine the extent of floodplain areas in the city.

Wetlands which do not meet all three of the above criteria are exempt from the provisions of this division.

(Ord. No. O86-2356, § 5, 4-2-1986)

(a)

Determinations of navigability and ordinary high water mark shall initially be made by the city building inspector. When questions arise, the building inspector shall contact the district office of the state department of natural resources for a final determination of navigability or ordinary high water mark.

(b)

When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official shoreland-wetland zoning maps and the actual field conditions at the time the maps were adopted, the building inspector shall contact the district office of the state department of natural resources to determine if the shoreland-wetland district boundary as mapped is in error. If the state department of natural resources staff concur with the building inspector that a particular area was incorrectly mapped as a wetland, the building inspector shall have the authority to immediately grant or deny 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 building inspector shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period.

(Ord. No. O86-2356, § 6, 4-2-1986)

The following uses are permitted in the shoreland-wetland zoning district:

(1)

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

(2)

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

(9)

The maintenance and repair of existing drainage ditches, where permissible under Wis. Stats. § 30.20 or of other existing drainage 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;

(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 and 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 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 that adverse impact upon the natural functions of the shoreland-wetland listed in section 122-1008; and

(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.

No shoreland-wetland use permit is required for any of the above uses.

(Ord. No. O86-2356, § 6, 4-2-1986)

The following uses are allowed in the shoreland-wetland zoning district only upon the issuance of a shoreland-wetland use permit under section 122-1005 and only to the extent specified in this section.

(1)

The construction, maintenance and use 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 122-1064, 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 122-1008(b);

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, maintenance and use 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 to 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, development and use 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 or use allowed under this subsection shall be 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 structure 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 subsection (1) of this section; and

d.

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

(4)

The construction, maintenance and use 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 122-1008(b);

(5)

The construction, maintenance and use 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 122-1008(b).

(Ord. No. O86-2356, § 7, 4-2-1986)

Except for those uses listed in sections 122-1063 and 122-1064, all uses of structure on or alterations of any part of a shoreland-wetland zoning district are prohibited unless the wetland is rezoned under section 122-1008 or unless the use, structure or alteration is a nonconforming use under section 122-1004.

(Ord. No. O86-2356, § 8, 4-2-1986)