This chapter is adopted pursuant to the authorization in Wis. Stats. §§ 61.35, 61.351, and 87.30.

(Prior Code, § 13-3-1)

   Uncontrolled use of the shoreland-wetlands and the pollution of the navigable waters of the village would adversely affect the public health, safety, convenience, general welfare, and impair the tax base. The legislature of the state has delegated responsibility to all municipalities to:

   (a)   Promote the public health, safety, convenience, and general welfare;

   (b)   Maintain the storm and floodwater storage capacity of wetlands;

   (c)   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;

   (d)   Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

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

   (f)   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.

(Prior Code, § 13-3-2)

   This chapter shall be known as the “Shoreland-Wetland Zoning Ordinance/Chapter” for the village.

(Prior Code, § 13-3-3)

   The use of any land or water, the use, size, type, and location of structures on lots; the filling, grading, lagooning, or dredging of any lands; and the cutting of shoreland vegetation shall be in full compliance with the terms of this chapter and other applicable local, state, or federal regulations. (However, see § 13-3-23 for the standards applicable to non-conforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.

(Prior Code, § 13-3-10)

   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 State Department of Transportation are exempt when Wis. Stats. § 30.12(4)(a) applies.

(Prior Code, § 13-3-11)

   (a)   This chapter supersedes all the provisions of any municipal zoning-ordinance enacted under Wis. Stats. §§ 61.35, 62.23, or 87.30 which relates 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.

(Prior Code, § 13-3-12)

   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 state statutes. Where a provision of this chapter is required by a standard in Wis. Admin. Code, Chapter NR 117, and where the chapter provision is unclear, the provision shall be interpreted in light of the Wis. Admin. Code, 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.

(Prior Code, § 13-3-13)

   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.

(Prior Code, § 13-3-14)

   The shoreland zoning provisions of Barron and Polk Counties in effect on the date of annexation remain in effect administered by the municipality after May 7, 1982, unless any of the changes allowed by Wis. Stats. § 59.692(7)(a)(1-3), occurs. These annexed lands are described on the municipality’s official zoning map. County shoreland zoning provisions are incorporated by reference for the purpose of administering this chapter and are on file in the office of the Municipal Zoning Administrator, Clerk, and highest elected official, as appropriate.

(Prior Code, § 13-3-15)

   (a)   The degree of flood protection, based upon a once per 100-year flood frequency and a once per 500-year flood frequency for critical use facilities, as defined in Wis. Admin. Code, Chapter NR 116, and erosion hazard protection (based on a 50-year period) intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on rare occasions; larger floods may occur or the flood height may be increased by human-made or natural causes such as ice jams or bridge openings restricted by debris.

   (b)   Therefore, this chapter does not imply that areas outside of the delineated floodplain or erosion hazard areas or land uses permitted within the floodplain will be totally free from flooding or erosion and associated damages. Nor shall this action against the village, or any officer or employee thereof, for any flood, erosion, or other water-related damages that may result from reliance on this chapter.

(Prior Code, § 13-3-16)

   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 minimizes adverse impacts upon the wetland.

(Prior Code, § 13-3-20)

   The following maps are hereby adopted and made a part of this chapter, and are on file in the office of the Village Administrator, Clerk, and highest elected official, as appropriate.

   (a)   Wisconsin Wetland Inventory map stamped “Final” on June 30, 1986.

   (b)   United States Geological Survey maps dated June and July, 1978.

(Prior Code, § 13-3-21)

   (a)   Boundaries. The shoreland-wetland zoning district includes all wetlands in the village, 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 § 13-3-21, and which are:

      (1)   Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the village shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in § 13-3-21; and

      (2)   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 or other zoning base maps which have been incorporated by reference and made a part of this chapter in § 13-3-21.

   (b)   Farm drainage ditches. Under Wis. Stats. § 281.31(2m), the shoreland jurisdiction to which the shoreland-wetland district applies, does not include 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 on navigable streams before ditching, or had no previous stream history; and

      (3)   Such lands are maintained in nonstructural agriculture use.

   (c)   Determinations of navigability. The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall initially make a determination of navigability and ordinary high-water mark. When questions arise, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall contact the appropriate office of the State Department of Natural Resources for the final determination of navigability or ordinary high-water mark.

   (d)   Discrepancies. 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 Zoning Administrator, Clerk, and highest elected official, as appropriate, shall contact the appropriate office of the Department of Natural Resources to determine if the shoreland-wetland district boundary as mapped is in error. If the DNR staff concurs with the Zoning Administrator, Clerk, and highest elected official, as appropriate, that a particular area was incorrectly mapped as a wetland, the Zoning Administrator, Clerk, and highest elected official, as appropriate, 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, Clerk, and highest elected official, as appropriate, shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period.

(Prior Code, § 13-3-22)

   The following uses are permitted subject to the provisions of Wis. Stats. Chapters 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 zoning permit and which may involve wetland alterations only to the extent specifically provided below.

      (1)   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.

      (2)   The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries.

      (3)   The maintenance and repair of existing drainage 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. Chapter 30, and that dredged spoil is placed on existing spoil banks where possible.

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

      (5)   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.

      (6)   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 § 13-3-37(c).

      (7)   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 building 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 § 13-3-37(c);

         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 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; 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 preserves, and public boat launching ramps, provided that:

         a.   Any private development allowed under this subsection (c)(3) 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 (c)(3) are allowed only where such construction and maintenance meets the criteria in subsection (c)(1) above; 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, 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; 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 § 13-3-37(c).

(Prior Code, § 13-3-23)

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

   (a) Tree cutting, removal of shrubbery, and related activities. Tree cutting and removal or replacement of natural shrubbery in the shoreland jurisdiction shall comply with the following requirements.

      (1)   Shoreland vegetation protection area. There shall be a shoreland vegetation protection area on each lot extending from the natural high-water elevation to a line that is landward of the natural high-water elevation, as described in § 13-3-25(a)(1). Within this area the removal of trees, shrubs, and ground cover are limited to the following.

         a.   Establishment of one viewing corridor for each lot by pruning and selective removal of trees and shrubbery. Clear cutting is not permitted in the corridor or elsewhere within the shoreland vegetation protection area. Sufficient trees and shrubbery shall be retained to screen development from view from the water, but provide for a filtered view of the water. No more than 50% of the trees can be removed from the viewing corridor. The viewing corridor shall be more or less perpendicular to the shore, no more than 30% of the width not to exceed 30 feet in width paralleling the shore, and shall be set back at least 20 feet from the lot line.

         b.   Pier, wharf, and lift placement shall be confined to waters immediately adjacent to the view corridor, unless not feasible due to steep slope, wet soils, or similar conditions.

         c.   One pedestrian pathway to the shoreline provided:

            1.   It is located within the viewing corridor; unless such location is not feasible due to steep slopes, wet soils, or similar conditions;

            2.   It is no more than four feet wide and constructed of natural materials, which blend with the ground cover in the vicinity of the pathway; or

            3.   An elevated walkway or powered lift may be substituted for a pedestrian access pathway, provided it is the minimum construction necessary to access the shore because of steep slopes, wet soils, or similar limiting conditions, and construction plans are approved by the Zoning Administrator, Clerk, and highest elected official, as appropriate.

         d.   Removal of dead and diseased trees, and trees which are a safety hazard.

         e.   Control of noxious and exotic species.

         f.   Any paths, road, or passages within the strip shall be constructed or surfaced so as to be effective in controlling erosion.

      (2)   Commercial forestry. A conditional use permit shall be required for the commercial harvesting of trees from the inland edge of the vegetative buffer strip to the outer limits of the shoreland. In reviewing the application for the conditional use permit, the Planning Commission and Board shall consider the maintenance of water quality, preservation of scenic values, and adequate slash disposal methods.

(Prior Code, § 13-3-24)

   All buildings and structures in the shoreland jurisdiction within any/all zoning districts shall comply with the following standards.

   (a)   Setbacks. No building or structures shall be located within the areas located between the ordinary high water mark (OHWM) and water setback lines, located inland from and parallel to (OHWM) within 75 feet. Provided, however that:

      (1)   Driveways, walkways, platforms, terraces, or patios are not allowed without a variance and are considered a structure subject to setback requirements. No part of any such structures shall extend more than 12 inches above the ground level, and all structures shall be constructed so as to control erosion and comply within the tree cutting and related standards of § 13-3-24(a). A four foot by four foot landing in conjunction with steps, which shall not exceed four feet in width, is allowed within the respective setback from the lake. No part of the steps are to extend more than three feet above the ground level. One single rail above that three foot high step may be constructed on each side of the walkway or steps. Steps, landings, and railings shall be constructed so as to maintain the natural appearance of the shoreland.

      (2)   A water setback line located 100 feet inland of the ordinary high water mark of a navigable lake, pond, or flowage shall apply to farm buildings housing animals, barnyards, and feedlots.

      (3)   Reduced setbacks for residential buildings may be determined by the Zoning Board of Appeals where there is present on either or both sides of the applicant’s parcel, main residential structures which are within 200 feet of the applicant’s proposed building site and which are closer than respective setback from the ordinary high water mark. The reduced setback shall not be less than the average of the existing residences, where there are residences on each side of the proposed site. Where there is only one existing residence, the reduction should not be less than the average of that building and respective setback. In no case shall any reduction be granted hereunder which would allow placement of structures within a defined floodway.

      (4)   Piers, boathouses, docks, sea walls, marinas, and similar marine service or shoreline facilities shall be governed by these standards.

         a.   Boathouses shall be used solely for the storage of aquatic equipment and shall not be used for human habitation.

         b.   Boathouses shall be set back ten feet from the ordinary high water mark and five feet from side lot lines.

         c.   Eaves shall not exceed one foot.

         d.   Boathouses shall not exceed eight feet in height and 96 square feet in floor area.

         e.   Boathouses shall be of such color as not to detract from the natural appearance of the shoreland.

   (b)   Piers, decks, and boat hoists. Piers, docks, and boat hoists may be located within the water setback area, provided that such facilities are capable of seasonal removal.

   (c)   Seawalls. Seawalls may be located within the water setback area, provided that any permits required from the State Department of Natural Resources are first obtained.

   (d)   Marinas. Marinas and non-residential marine service buildings, structures, and facilities are not permitted within the setback area.

   (e)   Open structures. As required, the construction or placement of open structures within the shoreland setback area shall be permitted if it meets the following conditions.

      (1)   The part of the structure that is nearest to the water is located at least 35 feet from the ordinary high-water mark.

      (2)   The structure shall be located within the view corridor described in § 13-3-24(a)(1).

      (3)   The total floor area of all structures in the shoreland setback area on the property will not exceed 200 square feet. This calculation shall include the area of any deck, patio, hard surfaced walkway, stairway, the portion of any per landward of the ordinary high-water mark, and any such structures, but boathouses shall be excluded.

      (4)   The open structure shall have open or screened sides, which would include any structure that either has no roof or has a roof and support posts without walls. The structure shall not be attached to any other structure, unless the side of such structure at the point of attachment is open or screened.

      (5)   The structure shall not exceed ten feet in height.

      (6)   The side yard setback shall be a minimum of ten feet.

      (7)   The color of the structure shall blend with native or restored vegetation at the site during the growing season.

      (8)   The vegetative buffer area between such structures and the ordinary high water mark shall cover at least 70% of the half of the shoreland setback area that is nearest to the water, and shall include a tree canopy, a shrub layer, and ground cover.

(Prior Code, § 13-3-25)

   The Village Administrator, Clerk, and highest elected official, as appropriate, is appointed Zoning Administrator for the purpose of administering and enforcing this chapter. The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall have the following duties and powers.

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

   (b)   Issue permits 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 office of the Department of Natural Resources.

   (f)   Investigate and report violations of this chapter to the appropriate village planning agency and the District Attorney, corporation counsel, or Village Attorney.

(Prior Code, § 13-3-30)

   (a)   When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator, Clerk, and highest elected official, as appropriate, before any new development, as defined in § 13-3-41(b), or any change in the use of an existing building or structure is initiated.

   (b)   Application. An application for a permit shall be made to the Zoning Administrator, Clerk, and highest elected official, as appropriate, upon forms furnished by the village 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 the 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.   Description 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.   Boundaries 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 wetland alteration.

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

(Prior Code, § 13-3-31)

   (a)   Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator, Clerk, and highest elected official, as appropriate, and a conditional use permit has been granted by the Board of Appeals, following the procedures in § 13-3-36(c), (d), and (e) for hearing and deciding appeals.

   (b)   Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in § 13-3-23(c), the Board of Appeals shall attach such conditions to a conditional use permit in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 13-3-2. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion potential; increased side yard setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas, and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.

(Prior Code, § 13-3-32)

   The Village Board, by resolution, shall establish fees for the following.

   (a)   Zoning permits.

   (b)   Public hearings.

   (c)   Legal notice publications.

   (d)   Conditional use permits.

   (e)   Rezoning petitions.

(Prior Code, § 13-3-33)

   Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator, Clerk, and highest elected official, as appropriate, of the land use and structures permitted.

(Prior Code, § 13-3-34)

   Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Board of Appeals.

(Prior Code, § 13-3-35)

   (a)   Appointment. The Village President 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 Village Board. 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; and

      (3)   May authorize, upon appeal, a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates:

         a.   Literal enforcement of the terms of the chapter will result in unnecessary hardship for the applicant;

         b.   The hardship is due to special conditions unique to the property, and is not self-created or based solely on economic gain or loss;

         c.   Such variance is not contrary to the public interest as expressed by the purpose of this chapter; and

         d.   Such variance will not grant or increase any use of property which is prohibited in the zoning district.

   (c)   Appeals to the board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board, or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the official from whom the appeal is taken and with the Board of Appeals, a notice of appeal specifying the reasons, therefor. The Zoning Administrator, Clerk, and highest elected official, as appropriate, or other official from whom the appeal is taken shall transmit to the Board all the papers constituting the record on which the appeal action was taken.

   (d)   Public hearings.

      (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. Chapter 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)   Decisions.

      (1)   The final disposition of an appeal, or application for a conditional use permit, 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 bases 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 persecution, or grant the application for a conditional use.

      (2)   A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.

(Prior Code, § 13-3-36)

   The Village Board 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, Wis. Admin. Code, Chapter NR 117, and the following:

   (a)   A copy of each proposed text or map amendment shall be submitted to the appropriate office of the Department of Natural Resources within five days of the submission of the proposed amendment to the Village Planning Agency.

   (b)   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 as required by Wis. Stats. § 62.23(7)(d)2. The appropriate 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.

   (c)   In order to ensure that the shoreland protection objectives in Wis. Stats. § 281.31, will be accomplished by the amendment, the Village Board 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 floodwater 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 appropriate office of the DNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (c) above, the DNR shall so notify the village 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 municipal planning agency on the proposed text or map amendment within ten days after the submission of those recommendations to the Village Board; and

      (2)   Written notice of the Village Board’s action on the proposed text or map amendment within ten days after the action is taken.

   (f)   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 (c) above, that proposed amendment, if approved by the Village Board, may not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department, as required by subsection (e) above. If, within the 30-day period, the Department notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the village under Wis. Stats. §§ 62.231(6) and 61.351(6), the proposed amendment may not become effective until the ordinance adoption procedure under Wis. Stats. §§ 62.231(6) and 61.351(6) is completed or otherwise terminated.

(Prior Code, § 13-3-37)

   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, or corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall refer violations to the Village Board and the Village 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 § 1-1-6, 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 village, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).

(Prior Code, § 13-3-40)

   (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; and 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 shall have the following meanings.

      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.

      CLASS 2 PUBLIC NOTICE. Publication of a public hearing notice under Wis. Stats. Chapter 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.

      CONDITIONAL USE. A use which is permitted by this chapter, 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 municipal governing body.

      DEPARTMENT. The State Department of Natural Resources.

      DEVELOPMENT. Any human-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 the state, and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of the state, including the state portion of boundary waters, which are navigable under the laws of the state. Under Wis. Stats. § 281.31(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. §§ 62.351 and 62.221 and Wis. Admin. Code, Chapter NR 117, 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.   The 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 Plan Commission created under Wis. Stats. § 62.23(1).

      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 § 13-3-11.

      UNNECESSARY HARDSHIP. The 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 the dimensional standards of this chapter.

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

      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.

(Prior Code, § 13-3-41)