This article is adopted pursuant to the authorization in Wis. Stats. §§ 59.692 to implement 59.692 and 281.31.

(Res. No. 16-21, 8-30-2016)

Uncontrolled use of the shorelands and pollution of the navigable waters of the county would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The legislature of the state has delegated responsibility to the counties to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and preserve shore cover and natural beauty. This responsibility is hereby recognized by the county.

(Code 1987, § 17.57(1.2); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009)

For the purpose of promoting the public health, safety, convenience and welfare and promoting and protecting the public trust in navigable waters, this article has been established to:

(1)

Further the maintenance of safe and healthful conditions and prevent and control water pollution through:

a.

Limiting structures to those areas where soil and geological conditions will provide a safe foundation.

b.

Establishing minimum lot sizes to provide adequate area for private sewage disposal facilities and wells.

c.

Controlling filling and grading and to prevent soil erosion.

d.

Limiting impervious surfaces to control runoff which carries pollutants.

(2)

Protect spawning grounds, fish and aquatic life through:

a.

Preserving wetlands and other fish and aquatic habitat.

b.

Regulating pollution sources.

c.

Controlling shoreline alterations, dredging and lagooning.

(3)

Control building site, placement of structures and land uses through:

a.

Separating conflicting land uses.

b.

Prohibiting certain uses detrimental to the shoreland area.

c.

Setting minimum lot sizes and widths.

d.

Regulating side yards and building setbacks from waterways.

e.

Setting the maximum height of near shore structures.

(4)

Preserve shoreland vegetation and natural beauty through:

a.

Restricting the removal of natural shoreland cover.

b.

Preventing shoreline encroachment by structures.

c.

Controlling shoreland excavation and other earthmoving activities.

d.

Regulating the use and placement of boathouse, piers and other structures.

(Code 1987, § 17.57(1.3); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

This article shall be known as the "Shoreland and Shoreland/Wetland Zoning Ordinance for Rusk County, Wisconsin."

(Code 1987, § 17.57(1.4); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009)

The provisions of the county zoning ordinance are hereby incorporated by reference. These provisions shall only apply to the shoreland area where they impose greater restrictions than this article otherwise imposes.

(Code 1987, § 17.57(1.5); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009)

Areas regulated by this article shall include all the land (referred to herein as shorelands and shorelands/wetlands) in the unincorporated areas of the county 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 county shall be presumed to be navigable if they are listed in the state department of natural resources publication Wisconsin Lakes Book or as shown on the United States Geological Survey quadrangle maps or other zoning base maps.

(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 in the county shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on the United States Geological Survey quadrangle maps. County soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.

(3)

The provisions of this chapter apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties and, when Wis. Stats. § 13.48(13), applies, state agencies are required to comply with, and obtain all necessary permits under local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation is not subject to local shoreland zoning ordinances if Wis. Stats. § 30.2022 applies (NR115.02). Shoreland zoning requirements in annexed or incorporated areas are provided in Wis. Stats. §§ 61.353 and 62.233.

(4)

Determinations of navigability and ordinary high-water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the department for a final determination of navigability or ordinary high-water mark. The county will work with surveyors with regard to Wis. Stats. § 59.692(1h).

(5)

Under Wis. Stats. § 281.31(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, this article does not apply to lands adjacent to farm drainage ditches if:

a.

Lands adjacent to farm drainage ditches if:

1.

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

2.

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

b.

Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.

(Code 1987, § 17.57(2.1); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016; Res. No. 16-21A, 1-22-2019)

The most current, latest print maps designated in this section are hereby adopted and made part of this article. They are on file in the office of the zoning administrator for the county.

(1)

United States Geological Survey quadrangle maps for the county.

(2)

Most current available state wetland inventory maps stamped "FINAL."

(3)

Floodplain zoning maps identified as FEMA.

(4)

The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer at this link: url="https://dnrmaps.wi.qov/H5/?Viewer=SWDV&runWorkflow=Wetland".

(Code 1987, § 17.57(2.2); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016; Res. No. 16-21A, 1-22-2019)

The use of any land or water; the size, shape and placement of lots; the use, size, type and locations of structures on lots; the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning, dredging of any lands; the cutting of shoreland vegetation; and the subdivision of lots shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. (However, section 50-192 provides for standards applicable to nonconforming uses and structures.) Buildings, signs and other structures shall require a permit unless otherwise expressly excluded by a provision of this article. Property owners, builders and contractors are responsible for compliance with the terms of this article.

(Code 1987, § 17.57(2.3); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009)

Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply when 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. § 30.2022 applies.

(Res. No. 16-21, 8-30-2016)

Editor's note— Res. No. 16-21, adopted Aug. 30, 2016, amended § 50-183 in its entirety to read as herein set out. Former § 50-183, pertained to annexed and newly incorporated areas, and derived from Code 1987, § 17.57(2.4); Res. No. 07-07, adopted March 27, 2007; Res. No. 07-07D, adopted March 31, 2009; Res. No. 07-07E, adopted Dec. 15, 2009.

(a)

The provisions of this article supersede any provisions in a county zoning ordinance that solely relate to shorelands. In other words, if a zoning standard applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this article supersedes those provisions. However, when an ordinance adopted under a statute other than Wis. Stats. § 59.692, does not solely related to shorelands and is more restrictive than this article, for example, a floodplain ordinance, that this article shall continue in full force and effect to the extent of the greater restriction. (Wis. Stats. § 59.692(5).)

(b)

This article shall not require approval or be subject to disapproval by any town board.

(c)

If an existing town ordinance relating to shoreland/wetland is more restrictive than this article or any amendments thereto, the town ordinance continues in all respects to the extent of greater restrictions but not otherwise.

(d)

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.

(e)

The following provisions of this article are hereby incorporated by reference; these provisions shall only apply to the shoreland area where they impose greater restrictions than this article otherwise imposes.

(f)

This article may establish standards to regulate matters that are not regulated in NR115, but that further the purposes of shoreland zoning as described in section 50-177 of this article. (Wis. Stats. § 59.692(1d)(b).)

(g)

Counties may not establish shoreland zoning standards in a shoreland zoning ordinance that requires any of the following:

(1)

Approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirements to install or maintain outdoor lighting in shorelands or otherwise prohibits or regulates outdoor lighting in shorelands if the lighting is designed or intended for residential use.

(2)

Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made. (Wis. Stats. § 59.692(1k(a)1.)

(h)

The construction and maintenance of a facility is considered to satisfy the requirements of a shoreland zoning ordinance if:

(1)

The department has issued all required permits or approvals authorizing the construction or maintenance under Wis. Stats. ch. 30, 31, 281 or 283. Note: A facility means any property or equipment of a public utility, as defined in Wis. Stats. § 196.01(5) or a cooperative association organized under Wis. Stats. ch. 185 for the purpose of producing or furnishing heat, light or power to its members only, that is used for the transmission, delivery or furnishing of natural gas, heat, light or power.

(Code 1987, § 17.57(2.6); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

Where a provision of this article is required by a statute and standard in Wis. Admin. Code ch. NR 115 and where the article provision is unclear, the provision shall be interpreted in light of the statute and Wis. Admin. Code ch. NR 115 standards in effect on the date of the adoption of the ordinance from which this article is derived or in effect on the date of the most recent text amendment to this article.

Severability. If any portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.

(Code 1987, § 17.57(2.7); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

(a)

The county shall review, pursuant to Wis. Stats. § 236.45, all land divisions in shoreland areas which create three or more parcels or building sites of five acres each or less within a five-year period.

(b)

Any division of lands in the shoreland and shoreland/wetland district shall meet the requirements of Wis. Stats. ch. 236 and the county subdivision code, chapter 42. In such review, the following factors shall be considered:

(1)

Hazards to the health, safety or welfare of future residents.

(2)

Proper relationship to adjoining areas.

(3)

Public access to navigable waters, as required by law.

(4)

Adequate storm drainage facilities.

(5)

Conformity to state law and administrative code provisions.

(c)

Sanitary regulations. The county has adopted sanitary regulations for the protection of health and the preservation and enhancement of water quality. Where a public sewer collection and treatment system is not available, design and construction of private sewage disposal systems shall be governed by a private sewage system ordinance adopted by the county under Wis. Stats. § 59.70(5).

(d)

All structures or premises in the county that are permanently or intermittently intended for human habitation or occupancy, where plumbing fixtures exist and water service is provided and which are not serviced by a public sewer, shall have a system for holding or treatment and dispersal of sewage and wastewater which complies with the provisions of chapter 24, article III, Rusk County Code of Ordinances.

(e)

Where public water supply systems are not available, private well construction shall be required to conform to ch. NR 812, Wis. Admin. Code.

(f)

Requirements for developed properties. Property owners expanding, rebuilding or altering a structure connected to an existing POWTS shall verify or prove that the POWTS system is compliant with Wis. Admin. Code ch. SPS 383 standards.

Note— Existing private sewage systems installed in or after 1982 that have soil profile descriptions, system evaluations and inspection reports filed in the county zoning office meet this requirement.

(Code 1987, § 17.57(3.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

Minimum lot sizes in the shoreland area shall be established to afford protection against danger to health, safety and welfare, and protection against pollution of the adjacent body of water. Notwithstanding the provisions of the county comprehensive zoning code or any other county ordinances, the following shall apply to all areas within the Shoreland and Shoreland/Wetland District (Overlay District) of the county. The following dimensional requirements are not meant to be an all-inclusive list or to exclude those requirements not specifically addressed and, in the case of a conflict, are to be considered minimum standards:

(1)

Sewered lots. The minimum lot area shall be 10,000 square feet and the minimum average lot width shall be 65 feet. The 65-foot width shall be measured at the ordinary high water mark and building site.

(2)

Unsewered lots. The minimum lot area shall be 20,000 square feet and the minimum average lot width shall be 100 feet. The 100-foot width shall measure at the ordinary high water mark and the building site.

(3)

Substandard lots. A legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply:

a.

The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel.

b.

The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

c.

The substandard lot or parcel is developed to comply with all other ordinance requirements.

(4)

Other substandard lots. Except for lots which meet the requirements of subsection 50-187(3) a building permit for the improvement of a lot having lesser dimensions than those stated in subsections 50-187(1) and (2) shall be issued only if a variance is granted by the board of adjustment.

Riparian access. All private riparian accesses; riparian access easements; outlots that are not deeded with a single lot; or other development offering riparian rights; deeded or contractual accesses for the purpose of riparian access shall meet the following requirements:

a.

The access to a navigable waterway for backlot, off-water or condominium type development shall have at least 100 feet of frontage at the ordinary high watermark with at least 20,000 square feet of area. The lot width shall be measured at right angles at all points along its side lot lines and the minimum required lot area shall exclude any wetlands. No cutting of vegetation and trees shall occur within 25 feet of each side lot line running the full depth of the lot.

b.

The number of single family lots, building sites, single family units or single family condominium units utilizing said riparian access shall be limited to three and must be within 1,000 feet of the riparian access. Commercial campgrounds, resorts or similar activity located on a backlot are prohibited from utilizing said access.

c.

No structures are permitted on the access. Overnight vehicle parking and the use of camping tents, motor homes and trailers shall not be permitted within the boundaries of the riparian access.

d.

The creation or use of land for a riparian access shall be by conditional use only. The zoning committee shall consider the size, shape, depth, present and potential use of the waterway, and the effect of the private access on public rights in navigable waters.

e.

Such access may be limited by Wis. Stats. § 30.133.

(Code 1987, § 17.57(4.0); Ord. No. 98-07, 2-24-1998; Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 07-07F, 2-28-2012; Res. No. 16-21, 8-30-2016)

A shoreline setback area shall be maintained in order to protect water quality, natural scenic beauty, fish and wildlife habitat and for the purposes enumerated in section 50-176.

(1)

Lots that abut on navigable waters.

a.

All buildings and structures, except exempt structures or structures with a reduced setback under subsections 50-188(6)—(10), shall be set back at least 75 feet from the ordinary high water mark of navigable waters. Shoreline setbacks shall be measured horizontally from the most waterward projection of a structure to the ordinary high-water mark.

(2)

Accessory uses and structures.

a.

Any permanent, roofed structure serving as an accessory, if attached to the principal building, shall maintain all setbacks for principal structures.

(3)

Setback requirements on highways and roads.

a.

All state and U.S. numbered highways are hereby designated Class A highways. The setback line for Class A highways and for any other roads designated as major roads on official maps in the county shall be 110 feet from the centerline of the highway or 50 feet from the right-of-way line, whichever is greater.

b.

All county trunk highways not otherwise designated as Class A highways are hereby designated Class B highways. The setback for Class B highways and for roads designated as arterial roads on official maps in effect in the county shall be 75 feet from the centerline of such highway or 42 feet from the right-of-way line, whichever is greater.

c.

All town roads not otherwise designated Class A or Class B highways are hereby designated Class C highways. The setback for Class C highways and for streets other than major and arterial roads designated as such on official maps in effect in the county shall be 30 feet from the right-of-way line.

d.

A setback equal to the average setback of existing principal buildings located within 500 feet of a proposed building site and on the same side of the street, shall be permitted where five of these buildings do not conform with the appropriate setback line.

(4)

Reduced principal structure setbacks. A setback less than the 75 feet required setback from the ordinary high water mark shall be permitted for a proposed principal structure and shall be determined as follows:

a.

Where there are existing principal structure in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the ordinary high water mark provided all of the following are met:

1.

Both of the existing principal structures are located on a lot adjacent to the proposed principal structure.

2.

Both of the existing principal structures are located within 250 feet of the proposed principal structure and are the closest structure.

3.

Both of the existing principal structures are located less than 75 feet from the ordinary high water mark.

4.

The average setback shall not be reduced to less than 35 feet from the ordinary high water mark of any navigable water.

b.

Setback reductions may also be permitted by the board of adjustment via granting a variance pursuant to subsection 50-193(e) of this article.

(5)

Side yards. There shall be a side yard for each principle structure. The minimum width of each side yard shall be ten feet. There shall be a side yard of five feet for accessory structures excluding fences.

(6)

Stairways; walkways; piers. Stairways, elevated walkways, and that portion of piers landward of the ordinary high-water mark are exempt from the shoreline setback requirement, provided:

a.

The structure is necessary to access or protect the shoreline because of steep slopes or wet, unstable soils.

b.

The structure shall be located so as to minimize earth disturbing activities and shoreline vegetation removal during construction and be visually inconspicuous as viewed from the adjacent waterway. Lattice work shall not be allowed.

c.

Railings are permitted where required by safety concerns, state statutes or state regulations.

d.

Stairways shall be supported on piles or footings rather than being excavated from erodible soils, steep slopes or a bluff face.

e.

Canopies and roofs on such structure are prohibited.

f.

The combined area of landings for a stairway and the landward side of a pier may not exceed 128 square feet for each buildable lot. Each single stairway landing may not exceed 36 square feet in area. Landings shall not be adjacent to each other and they must be separated by at least a ten-foot vertical distance, width shall be 60 inches or less.

g.

Standards for removal of shoreline vegetation in section 50-189 shall be complied with.

(7)

Boathouses are exempt from the shoreline setback provided that:

a.

Boathouses shall be designed, constructed, and used solely for the storage of boats and related equipment and shall not be used for human habitation or occupancy. Boathouses shall not be equipped with a potable water supply, fireplaces, patio doors, furniture or any features inconsistent with the use of the structure exclusively as a boathouse. Boathouses shall have a gable roof with 4/12 pitch or greater.

b.

Boathouses shall not be placed waterward beyond the ordinary high-water mark.

c.

Only one boathouse is permitted for each buildable lot.

d.

Reserved.

e.

Boathouses shall be set back a minimum of four feet from and one foot above the ordinary high-water mark and shall be constructed in conformity with local floodplain zoning standards.

f.

Wall height shall not exceed ten feet. The floor area shall not be less than 200 square feet and shall not exceed 400 square feet. The width of the boathouse cannot exceed two-thirds the length.

g.

Reserved.

h.

Standards for removal of shoreline vegetation in section 50-189 shall be complied with and the boathouse shall be located within the view corridor.

i.

Legal pre-existing boathouses located entirely above the ordinary high water mark and entirely within the access and viewing corridor that do not contain plumbing and are not used for human habitation may use the roof as a deck provided that:

1.

The boathouse has an existing flat roof.

2.

The roof has not side walls or screens.

3.

The roof may have railing that meets DSPS standards.

(8)

Open sided or screened structures are exempt from the shoreline setback provided that:

a.

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

b.

The floor area of all the structures in the shoreland setback area will not exceed 200 square feet.

c.

The structure that is the subject of the request for special zoning permission is single story and has no sides or has open or screened sides.

d.

The foundation or base of the structure shall not exceed 18 inches above existing natural grade and the wall height shall not exceed ten feet.

e.

The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreland setback area that is nearest to the water. A copy of this plan shall be recorded on the deed to the property.

(9)

Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter, and satellite earth station antennas that are two meters or less in diameter are exempt from shoreland setback standards.

(10)

Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers, private on-site wastewater treatment systems that comply with Wis. Admin. Code SPS 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure are exempt from shoreland setback standards.

(11)

Devices or systems used to treat runoff from impervious surfaces are exempt from shoreland setback standards.

(12)

Legal pre-existing exempt structures may be maintained, repaired, replaced, restored, rebuilt and remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

(13)

Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance.

(Code 1987, § 17.57(5.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07C, 3-25-2008; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 07-07G, 10-9-2012; Res. No. 16-21, 8-30-2016)

To protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation, the county ordinance shall designate land that extends from the ordinary high water mark to a minimum of 35 feet inland as a vegetative buffer zone and prohibit removal of vegetation in the vegetative buffer zone except as follows.

(1)

The county may allow routine maintenance of vegetation.

(2)

The county may allow removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors. The viewing corridor may be at least 35 feet wide for every 100 feet of shoreline frontage. The viewing corridor may run contiguously for the entire maximum width or shoreline frontage owned.

(3)

The county may allow removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable.

(4)

The county may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit issued under this subd. par. shall require that all management activities comply with detailed plans approved by the county and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area.

(5)

The county may allow removal of trees and shrubs in the vegetative buffer zone on a parcel with ten or more acres of forested land consistent with "generally accepted forestry management practices" as defined in § NR 1.25 (2) (b), Wis. Adm. Code, and described in department publication "Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.

(6)

Cutting more than 35 feet inland. From the inland edge of the 35-foot area to the outer limits of the shoreland district, the cutting of trees and shrubbery shall be allowed when accomplished using accepted forest management and soil conservation practices which protect water quality.

(Code 1987, § 17.57(6.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

(a)

General standards. Filling, grading, lagooning, dredging, ditching or excavating may be permitted in the shoreland area provided that:

(1)

It is done in a manner designed to minimize erosion, sedimentation or impairment of fish and wildlife habitat.

(2)

Filling, grading, lagooning, dredging, ditching or excavating in the shoreland-wetland district meets the requirements of section 50-191(c)(2) and (3).

(3)

All applicable federal, state and local authority is obtained in addition to a permit under this article.

(4)

Any fill placed in the shoreland area is continually protected during construction against erosion by the use of riprap, jute netting, plastic cover, filter fabric fencing, etc.

(5)

It is not done within the vegetative buffer zone unless necessary for establishing or expanding the vegetative buffer.

(6)

Reserved.

(7)

Where a DNR permit has been issued which meets the substantial concerns of this article, no county permit will be required unless this article is more restrictive.

(b)

Landward of the vegetation protection area. A zoning permit is required for land-disturbing activities landward of the vegetation protection area, which are within 300 feet of the OHWM of navigable water and which has surface drainage toward the water and on which there is any of the following:

(1)

Any filling or grading on slopes of more than 20 percent.

(2)

Filling or grading of more than 1,000 square feet on slopes of 12 percent to 20 percent.

(3)

Filling or grading of more than 2,000 square feet on slopes of zero percent to 12 percent.

(4)

Slopes in excess of 45 percent. On slopes in excess of 45 percent land-disturbing activities are prohibited on shoreland that drain to surface waters.

(c)

In granting a zoning permit under section 50-190, the county zoning administrator shall attach the following conditions, where appropriate:

(1)

The smallest amount of bare ground shall be exposed for as short a time as feasible.

(2)

Temporary ground cover (such as mulch or jute netting) shall be used and permanent vegetative cover shall be established.

(3)

Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.

(4)

Lagoons shall be constructed to avoid fish trap conditions.

(5)

Fill shall be stabilized according to accepted engineering standards.

(6)

Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.

(7)

Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter which shall be promptly vegetated, unless bulkheads or rip-rap are provided.

(d)

Soil conservation practices and agricultural drainage maintenance.

(1)

Soil conservation practices such as tiled terraces, runoff diversions and grassed waterways used for erosion control shall not require a permit under subsection (c) of this section when designed and constructed to Natural Resource Conservation Service technical standards.

(2)

The maintenance of existing agricultural drainage systems shall be permitted when designed and constructed to Natural Resource Conservation Service technical standards.

(e)

Impervious surface standards.

(1)

Purpose. Establish impervious surface standards to protect water quality and fish and wildlife habitat and to protect against pollution of navigable waters. County impervious surface standards shall apply to the construction, reconstruction, expansion, replacement or relocation of any impervious surface on a riparian lot or parcel and any non-riparian lot or parcel that is located entirely within 300 feet of the ordinary high-water mark of any navigable waterway.

(2)

Calculations of percentage of impervious surface. Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within 300 feet of the ordinary high water mark by the total surface area of that lot or parcel, and multiplied by 100. Impervious surfaces described in subsection 50-190(5)shall be excluded from the calculation of impervious surface on the lot or parcel. If an outlot lies between the ordinary high water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surface.

(3)

General impervious surface standard. Up to 15 percent impervious surface is allowed on the portion of a lot or parcel that is within 300 feet of the ordinary high water mark.

(4)

Maximum impervious surface. A property may exceed the impervious surface standard under subsection 50-190(3) provided the following standards are met:

a.

For properties where the general impervious surface standard applies under subsection 50-190(3) a property owner may have more than 15 percent impervious surface but not more than 30 percent impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high water mark.

b.

For properties that exceed the standard under subsection 50-190(3) but do not exceed the maximum standard under subsection 50-190(4)(a), a permit can be issued for development with a mitigation plan that meets the standards found in subsection 50-196. Three points of mitigation relating to the treatment of runoff and stormwater shall be chosen by the property owner.

1.

For meeting this requirement, a property owner must submit, along with a mitigation agreement, a site plan completed by a professional land surveyor or professional engineer showing property lines, total square footage of lot, impervious surface areas and total square footage of impervious surface areas.

(5)

Treated impervious surfaces. Impervious surfaces that can be documented to show they meet either of the following standards shall be excluded from the impervious surface calculations under subsection 50-190(2):

a.

The impervious surface is treated by appropriately sized devices such as stormwater ponds, constructed wetlands, infiltration basins, rain gardens, bio-swales or other engineered systems.

b.

The runoff from the impervious surface discharges to an internally drained pervious area that retains the runoff on or off the parcel and allows infiltration into the soil.

c.

To qualify for this exemption, property owners shall submit a complete permit application that is reviewed and approved by the county. The application shall be completed by a professional engineer and include the following:

1.

A site plan showing property lines, total square footage of lot, impervious surface areas and size and dimensions of treated areas.

2.

Calculations showing how much runoff is coming from the impervious surface area.

3.

Documentation that the runoff from the impervious surface is being treated by an adequately proposed treatment system, treatment device or internally drained area.

4.

An implementation schedule and enforceable obligation on the property owner to establish and maintain the treatment system, treatment devices or internally drained area. This obligation shall be evidenced by an instrument recorded in the office of the register of deeds prior to the issuance of the permit. Failure of the property owner to properly maintain the treatment device voids this exemption.

(6)

Existing impervious surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in subsection 50-190(3) or the maximum pervious surface standard in subsection 50-190(4), the property owner may do any of the following:

a.

Maintain and repair the existing impervious surfaces.

b.

Replace existing impervious surfaces with similar surfaces within the existing building envelope.

c.

Relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of the county shoreland ordinance, and the impervious surface meets the applicable setback requirements in § Wis. Admin. Code NR 115.05(1)(b).

(Code 1987, § 17.57(7.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 07-07G, 10-9-2012; Res. No. 16-21, 8-30-2016)

(a)

Designation.

(1)

This district shall include all shorelands within the jurisdiction of this article which are designated as wetlands on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer.

(2)

Locating shoreland-wetland boundaries. Where an apparent discrepancy exists between the shoreland/wetland district boundary shown on the Wisconsin Wetland Inventory maps and actual field conditions at the time the maps were adopted, the zoning administrator 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 concur with the zoning administrator that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. The zoning administrator shall initiate a map amendment to correct the discrepancy.

(b)

Purpose. This district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, 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 that minimizes adverse impacts upon the wetland.

(1)

Wetlands are seldom suitable as building sites for the following reasons:

a.

Septic tank systems will not function because of high groundwater.

b.

Water supplies are often polluted by septic tank wastes that have not been adequately absorbed by the soil.

c.

Foundations and roads crack due to poor support capabilities and frost action.

d.

Flooding is common in spring and other times of high water.

(2)

Wetlands provide fish spawning grounds and wildlife habitat, and the natural plant and animal communities found in wetlands provide ecological balance to a watercourse. Wetlands help to prevent water pollution and flooding problems.

(c)

Permitted uses. The following uses shall be allowed, subject to general shoreland and shoreland/wetland zoning regulations contained in this article, the provisions of Wis. Stats. chs. 30 and 31 and 281.36 and the provisions of other applicable local, state and federal laws:

(1)

Activities and uses which do not require the issuance of a land use permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling or excavating.

a.

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

b.

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;

c.

The pasturing of livestock and the cultivation of agricultural crops without disturbing the ecological balance;

d.

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

e.

The construction or maintenance of duck blinds.

(2)

Uses which do not require the issuance of a land use permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating but only to the extent specifically provided as follows:

a.

Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;

b.

The cultivation of cranberries including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries;

c.

The maintenance and repair of existing agricultural draining systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible;

d.

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

e.

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

f.

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

(3)

Uses which require the issuance of a land use permit under section 50-193(b) and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided as follows:

a.

The construction and maintenance of roads which are necessary to conduct silvicultural activities or agricultural cultivation, provided that:

1.

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

2.

The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in subsections (b) and (e)(2) of this section;

3.

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

4.

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

b.

The construction or maintenance of nonresidential buildings, provided that:

1.

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

2.

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

3.

Such building is not designed for human habitation and does not exceed 500 square feet in floor area; and

4.

Only limited filling or excavating necessary to provide structural support for the building is authorized.

c.

The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads, provided that:

1.

Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Wis. Stats. ch. 29 where applicable;

2.

Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in subsection (c)(3)a.1 through 4 of this section; and

3.

Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

d.

The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities, cooperative associations or a governmental body organized for the purpose of producing or furnishing heat, light, power or water to their members and the construction or maintenance of railroad lines, provided that:

1.

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

2.

Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in subsection (e)(2) of this section.

(d)

Prohibited uses. Any use not listed in subsection (c) of this section is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this article in accordance with subsection (e) of this section, Wis. Stats. § 59.69(5)(e) and Wis. Admin. Code ch. NR 115.

(e)

Rezoning of lands in the shoreland-wetland district.

(1)

For all proposed text and map amendments to the shoreland-wetland provisions of this article, the appropriate district office of the department shall be provided with the following:

a.

A copy of every petition for a text or map amendment to the shoreland-wetland provisions of this article, within five days of the filing of such petition with the county clerk. Such petition shall include a copy of the Wisconsin Wetland Inventory map adopted as part of this article describing any proposed rezoning of a shoreland-wetland;

b.

Written notice of the public hearing to be held on a proposed amendment at least ten days prior to such hearing;

c.

A copy of the county zoning department's findings and recommendations on each proposed amendment within ten days after the submission of those findings and recommendations to the county board; and

d.

Written notice of the county board's decision on the proposed amendment within ten days after it is issued.

(2)

A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:

a.

Stormwater and floodwater storage capacity or flow;

b.

Maintenance of dry season streamflow, 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 soil erosion;

e.

Fish spawning, breeding, nursery or feeding grounds;

f.

Wildlife habitat; or

g.

Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in NR 103.04 which can be accessed at the following web site: https://docs.legis.wisconsin.gov/code/admin_code/nr/100/103.

(3)

If the department notifies the county zoning agency that a proposed text or map amendment to the shoreland/wetland provisions of this article may have a significant adverse impact upon any of the criteria listed in subsection (e)(2) of this section, that amendment, if approved by the county board, shall contain the following provision:

"This amendment shall not take effect until more than 30 days have elapsed after written notice of the county board's approval of this amendment is mailed to the Department of Natural Resources. During that 30-day period, the Department of Natural Resources may notify the county board that it will adopt a superseding shoreland ordinance for the county under Wis. Stats. § 59.692(6). If the department does so notify the county board, the effect of this amendment shall be stayed until the Wis. Stats. § 59.69, adoption procedure is completed or otherwise terminated."

(Code 1987, § 17.57(8.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

(a)

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

(b)

Nonconforming uses.

(1)

A property owner claiming a nonconforming use and exemption from applicable regulations shall prove by a preponderance of the evidence that:

a.

The use was legally established;

b.

The use predated zoning provisions with which it does not comply;

c.

The use was active and actual prior to adoption of such provisions and not merely casual and occasional or incidental to the principal use of the property in which case no vested right to continue the use shall have been acquired.

(2)

A nonconforming use of a structure or premises shall not be expanded or enlarged. No such use shall be expanded within a structure which, on the date the use became nonconforming, was only partially devoted to such use.

(3)

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

(4)

Temporary structures. If the nonconforming use of a temporary structure is discontinued, such nonconforming use may not be recommenced.

(5)

Nuisances. Uses which are nuisances shall not be permitted to continue as nonconforming uses.

(c)

Nonconforming structures.

(1)

Reserved.

(2)

Nonconforming accessory structures. Shoreland nonconforming accessory structures are subject to subsection 50-192(c)(3)b. All other nonconforming accessory structures are limited to ordinary maintenance and repairs and shall not be expanded.

(3)

Nonconforming principal structures.

a.

Nonconforming principal structures that meet the OHWM setback are permitted ordinary maintenance and repair. Such structures may be altered or expanded provided that:

1.

Modification or replacement of no more that 50 percent of the structural members of the existing external wall perimeter is permitted;

2.

The lifetime total of all expansions is limited to the impervious surface standards of subsection 50-190(e);

3.

Limitations on construction of impervious surfaces and land-disturbing activities in section 50-190 are observed; and

4.

No expansion or addition shall increase the nonconformity of the original structure.

b.

An existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the nonconforming structure. Further, an existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

1.

Modification or replacement of no more than 50 percent of the structural members of the existing external wall perimeter is involved;

2.

Roof replacement is limited to a maximum structure height of 18 feet or current height if greater;

3.

Internal improvement is confined to the building envelope (i.e., no additional stories, lateral expansion or accessory construction outside of the perimeter of existing enclosed dwelling space);

4.

The mitigation requirements of section 50-192(d) are implemented;

5.

Decks and porches may be replaced in the same footprint and location as the existing deck or porch, provided one point of mitigation, as described in section 50-192(d) is chosen and implemented; and

c.

Lateral expansion of nonconforming principal structure within the setback. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per subsection 50-188(1) may be expanded laterally, provided that all of the following requirements are met:

1.

The use of the structure has not been discontinued for a period of 12 months or more if a nonconforming use.

2.

The existing principal structure is at least 35 feet from the ordinary high water mark.

3.

Lateral expansion is limited to a maximum of 200 square feet over the life of the structure. No portion of the expansion may be any closer to the ordinary high water mark than the closest point of the existing principal structure.

4.

The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 50-196.

5.

All other provisions of the shoreland ordinance shall be met.

d.

An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under subsection 50-188(1), may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements per subsection 50-188(1) and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this paragraph, but may be required per subsection 50-190(e).

e.

An existing principal structure that was lawfully placed when constructed but that does not comply with the required water setback per subsection 50-188(1) may be relocated on the property provided all of the following requirements are met:

1.

The use of the structure has not been discontinued for a period of 12 months or more.

2.

No portion of the relocated structure is located any closer to the ordinary high water mark than the closest point of the existing principal structure and will be at least 35 feet from the water.

3.

The relocated structure is limited to a comparable size, or smaller, unless expansions are done in accordance with the provisions of subsection 50-192(3)(c).

4.

The county determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the required water setback.

5.

The mitigation requirements of section 50-196 are implemented.

(4)

Reserved.

(5)

A structure that is nonconforming as to structural, dimensional or setback standards may not be expanded or enlarged so as to increase its nonconformity.

(6)

Nonconforming structures which are located in more than one setback zone shall comply with the standards of the more restrictive zone.

(Code 1987, § 17.57(10.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 07-07G, 10-9-2012; Res. No. 16-21, 8-30-2016)

(a)

Zoning administrator.

(1)

The zoning administrator shall have the following duties and powers:

a.

Develop and maintain a system of permits for new construction, development, reconstruction, structural alteration or moving of buildings and structures. A copy of applications shall be required to be filed in the office of the county zoning administrator.

b.

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

c.

Develop and maintain a variance procedure which authorizes the board of adjustment to grant such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions and the adoption of the shoreland zoning ordinance, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship.

d.

Develop and maintain a special exception (conditional use) procedure.

e.

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

f.

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

g.

Provide copies of variances, special use permits and decisions on appeals for map or text interpretations and map or text amendments within ten days after they are granted or denied to the appropriate office of the department.

h.

Investigate and report violations of this article to the appropriate county zoning committee and the district attorney or corporation counsel.

i.

Develop and maintain an official map of all mapped zoning district boundaries, amendments, and recordings.

(2)

The zoning administrator and his appointed designees shall the have powers and authority set forth in section 50-300(c).

(b)

Land use permits.

(1)

Permitted uses in shoreland. Used permitted in the shoreland are as follows:

a.

One- and two-family individual dwellings.

b.

Private garages, carports, accessory building and other land uses clearly incidental to the customary principal use.

c.

Additions to dwellings and accessory buildings.

d.

Reserved.

e.

A single travel trailer or RV which meets section 50-83.

f.

Steps, landings, decks, patios, and walkways.

g.

Grading and land disturbing activities subject to the provisions of section 50-190.

h.

All access roads, driveways and entrances may require approval from the township or county highway department and may be subject to the provisions of the county subdivision ordinance.

(2)

When required. Except where another section of this article or Wis. Stats. § 59.692(1k), specifically exempts certain types of development from this requirement, a land use permit shall be obtained from the zoning administrator before any new development. This also includes a land use change or any change in the use of an existing building or structure.

(3)

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

a.

Name and address of the applicant and property owner;

b.

Legal description of the property and type of proposed use;

c.

A sketch of the dimensions of the lot and location of buildings relative to the lot lines, centerline of abutting highways and the ordinary high-water mark of any abutting watercourses, and water level on a date specified and location of any wetlands;

d.

Location and description of any existing private water supply or sewage system or notification of plans for any such installation.

e.

Plans for appropriate mitigation when required.

f.

Payment of the appropriate fee.

g.

Additional information required by the zoning administrator.

(4)

Expiration of permit; removal. Land use permits shall expire 12 months from the date issued if no substantial work has commenced. Permitted work must be completed within 24 months from the date of issuance. Renewal of permits may be approved at no charge.

(c)

Compliance inspections.

(1)

Prior to, during or after construction of a structure permitted through the zoning office, the zoning administrator or other authorized persons will inspect the property to verify information given on the permit application and verify that the structure conforms to the provisions of this article.

(2)

Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises, verifying, after inspection, whether or not such building or use conforms to the provisions of this article.

(d)

Conditional use permits.

(1)

Conditional uses in shoreland. Uses deemed conditional are as follows:

a.

Multifamily (three or more) dwelling units.

b.

Roominghouses and boardinghouses (bed and breakfasts).

c.

Mobile homes as defined in this section.

d.

Mobile/manufactured home parks and travel trailer/RV campgrounds, subject to the provisions of state law and administrative rules.

e.

Public and semi-public uses, including, but not limited to, public and private schools, churches, public parks and recreational areas, hospitals, rest homes and homes for the aged, fire and police stations, and historic sites.

f.

Airports.

g.

Quarrying, mining, and processing of products from these activities.

h.

Recreational service-oriented uses, such as resorts and motels, tourist rooming houses, restaurants and cocktail lounges, marinas, sport shops and bait sales and other recreational services which in the opinion of the county zoning committee are of the same general character or clearly incidental to a permitted use or use authorized by a conditional permit.

i.

Commercial telephone, telegraph, and power transmission and communication towers, substations, relay, and repeater stations and accompanying towers, equipment housing and other necessary appurtenant equipment and structures.

j.

Dams, plants for production of electric power and flowage areas.

k.

Home based-business.

l.

Private garages, carports, and accessory building where no principal structure exists on the property and the owner does not live within five miles of the property.

(2)

Application for a conditional use permit. Only a use listed as a conditional use in this article and not specifically prohibited in the shoreland and shoreland/wetland district shall be permitted only after an application has been submitted to the zoning administrator and a conditional use permit has been granted by the county zoning committee.

(3)

Standards applicable to all conditional uses. In passing upon a conditional use permit, the county zoning committee shall evaluate the effect of the proposed use upon:

a.

The maintenance of safe and healthful conditions;

b.

The prevention and control of water pollution including sedimentation;

c.

Compliance with local floodplain zoning ordinances and opportunity for damage to adjacent properties due to altered surface water drainage;

d.

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover;

e.

The location of the site with respect to existing or future access roads;

f.

The need of the proposed use for a shoreland location;

g.

Its compatibility with uses on adjacent land;

h.

The amount of liquid and solid wastes to be generated and the adequacy of the proposed disposal systems;

i.

Location factors under which:

1.

Domestic uses shall be generally preferred;

2.

Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source;

3.

Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.

(4)

Conditions attached to conditional use permits. Upon consideration of the factors listed in subsection (d)(3)i of this section, the county zoning committee shall attach such conditions, in addition to those required elsewhere in this article, as are necessary to further the purposes of this article. Violations of any of these conditions shall be deemed a violation of this article. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking and signs; and type of construction. To secure information upon which to base its determination, the county zoning committee shall require the applicant to furnish, in addition to the information required for a zoning permit, the following written information:

a.

A plan of the area showing surface contours, soil types, ordinary high-water marks, groundwater conditions, subsurface geology and vegetative cover;

b.

Location of buildings, parking areas, traffic access, driveways, walkways, piers, open space and landscaping;

c.

Plans of buildings, sewage disposal facilities, water supply systems and arrangement of operations;

d.

Specifications for areas of proposed filling, grading, lagooning or dredging;

e.

Other pertinent information necessary to determine if the proposed use meets the requirements of this article; and

f.

The written plan and information signed by the applicant.

(5)

Notice, public hearing and decision. Before passing upon a conditional use permit, the county zoning committee shall hold a public hearing. Notice of such public hearing, specifying the time, place and matters to come before the committee, shall be given as a Class 2 notice under Wis. Stats. ch. 985. Also a copy of the notice shall be posted in the vicinity of the conditional use, where practical, and notice of the public hearing shall be mailed to the owners of all lands within 500 feet of any part of the land included in such proposed conditional use, and the town board of the township in which the affected land is located, at least ten days before such public hearing. The lake management district or association shall also be notified at least ten days before the hearing. The lake management district or association shall notify the county zoning office of a contact person. The failure of such notice to reach any property owner shall not invalidate any conditional use. Such notice shall be provided to the appropriate district office of the department at least ten days prior to the hearing. The committee shall state in writing the grounds for granting or refusing the conditional use permit. The failure of such notice shall be provided to the appropriate office of the department at least ten days prior to the hearing.

(6)

Recording. When a conditional use permit is approved, an appropriate record shall be made of the land use and structures permitted and such permit shall be applicable solely to the structures, use and property so described. A copy of any decision on a conditional use permit shall be provided to the appropriate office of the department within ten days after it is granted or denied.

(7)

Revocation. Where the conditions of a conditional use permit are violated, the conditional use permit shall be revoked by the county zoning committee.

(8)

Appeal of conditional use permit denial. When a conditional use permit is denied by the county zoning committee, the applicant may appeal that decision to the county board of adjustment as outlined in subsection (f) of this section.

(9)

Uses not listed in subsection (b) or (d). Any use not listed in subsection (b) or this subsection (d) of this section is prohibited in this district.

(e)

Variances.

(1)

The board of adjustment may grant upon application a variance from the dimensional standards of this article where an applicant convincingly demonstrates that:

a.

Literal enforcement of the provisions of the article will result in unnecessary hardship on the applicant;

b.

The hardship is due to special conditions unique to the property;

c.

Such variance is not contrary to the public interest.

d.

The request represents the minimum relief necessary to relieve unnecessary burdens.

(2)

No use variance. A variance shall not grant or increase any use of property which is prohibited in the zoning district.

(3)

Relaxation of standards for persons with disabilities. The zoning department may issue a building permit to relax dimensional standards of this article in order to provide reasonable accommodation of persons with disabilities as required by provisions federal and state law. Such relaxation shall be consistent with federal guidelines for accommodation of persons with disabilities and shall, where applicable, be terminated when the facility is no longer in use by a disabled person. A person applying for a permit for construction under this section shall establish the nature and extent of the disability and that the relaxation requested is the minimum necessary to provide reasonable use of the facility.

(4)

Notice, hearing and decision. Before passing on an application for a variance, the board of adjustment shall hold a public hearing. Notice of such hearing specifying the time, place and matters of concern shall be given a Class 2 notice under Wis. Stats. ch. 985. Such notice shall be provided to the appropriate office of the department at least ten days prior to the hearing. In addition, a copy of the notice shall be posted in the vicinity of the proposed variance, where practical, and notice of the public hearing shall be mailed to the owners of all lands within 500 feet of any part of the land included in such proposed variance, and the town board of the township in which the affected land is located, at least ten days before such public hearing. The lake management district or association shall also be notified at least ten days before the hearing. The lake management district or association shall notify the county zoning office of a contact person. The failure of such notice to reach any property owner shall not invalidate any variance. The board shall state in writing the reasons for granting or refusing a variance and shall provide a copy of such decision to the appropriate department office within ten days of the decision.

(5)

A structure of which any part has been authorized to be located within the shoreland setback area by a variance granted before July 13, 2015 may be maintained, repaired, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure. Additionally, the structure may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

(f)

Board of adjustment.

(1)

Board powers. With regard to this article, the county board of adjustment shall have the powers set forth in section 50-303 and Wis. Stats. § 59.694, except as specifically limited in this subsection (f).

(2)

Conditions and limitations. In granting a conditional use permit on appeal, the board shall not impose conditions which are more restrictive than any of the specific standards in this article. Where this article is silent as to the extent of restrictions, the board may impose any reasonable permit to effect the purpose of this article.

(g)

Fees. The county board may, by resolution, adopt fees for the following:

(1)

Land use permits.

(2)

Building permits.

(3)

Certificates of compliance.

(4)

Variances.

(5)

Public hearings.

(6)

Legal notice publications.

(7)

Conditional use permits.

(8)

Appeals.

(Code 1987, § 17.57(11.0); Ord. No. 97-79, 12-16-1997; Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

(a)

The county board may from time to time, alter, supplement or change the boundaries of use districts and regulations contained in this article in accordance with the requirements of Wis. Stats. § 59.69(5)(e), Wis. Admin. Code ch. NR 115 and this article where applicable.

(b)

Amendments to this article may be made on petition of any interested party as provided in Wis. Stats. § 59.69(5)(e).

(c)

Every petition for a text or map amendment filed with the county clerk shall be referred to the county zoning agency. A copy of each petition shall be mailed to the appropriate office of the department within five days of the filing of the petition with the county clerk. Written notice of the public hearing to be held on a proposed amendment shall be provided to the appropriate office of the department at least ten days prior to the hearing.

(d)

A copy of the county board's decision on each proposed amendment shall be forwarded to the appropriate office of the department within ten days after the decision is issued.

(Code 1987, § 17.57(12.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

(1)

Penalty. Any person, firm or corporation, including those doing work for others, who violates any of the provisions of this section shall be subject to a forfeiture of not less than $50.00 nor more than $500.00 for each violation plus the cost of prosecution. Each day a violation exists shall constitute a distinct and separate violation of this section and as such, forfeitures shall apply accordingly. The zoning administrator shall refer violations to the corporation counsel who shall prosecute violations.

(2)

Injunction. Any use or action which violates the provisions of this section shall be subject to a court injunction prohibiting such violation.

(3)

Responsibility for compliance. It shall be the responsibility of the applicants as well as their agent or other persons acting on their behalf to comply with the provisions of this section. Any person, firm or corporation, causing a violation or refusing to comply with any provision of this section will be notified in writing of such violation by the county zoning administrator or his designated zoning deputy. Each day a violation exists shall constitute a distinct and separate violation of this ordinance and, as such, forfeitures shall apply accordingly. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated pursuant to Wis. Stats. § 59.69(11).

(4)

Suspension of permit. Whenever the zoning administrator, assistant zoning administrator or deputy zoning administrator, determines there are reasonable grounds for believing there is a violation of any provision of this section, the zoning administrator, assistant zoning administrator or deputy zoning administrator shall give notice to the owner of record as hereinafter provided. Such notice shall be in writing and shall include a statement of the reason for the suspension of the permit. It shall allow 30 days for the performance of any act it requires. If work cannot be completed in the 30 day period, an extension may be granted if reason of hardship prevail and can be verified. Such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to owner's last known address or when the owner has been served by such notice by any method authorized by the laws of Wisconsin. The owner of record has the right to appeal any decision by the zoning administrator, assistant zoning administrator or deputy zoning administrator or apply to the Vilas County Board of Adjustment for a variance from the strict rule of the Ordinance within 30 days of receipt of a notice or order.

(5)

Emergency conditions. Whenever the zoning administrator finds that an emergency exists such as sudden, unexpected occurrences or combinations thereof, unforeseen conditions or circumstances at the time beyond one's control, adverse weather conditions, meeting a timetable which requires immediate action to protect the public health, safety and welfare, the administrator may, without notice or hearing, issue an order citing the existence of such emergency and may require that such action be taken as may be deemed necessary to meet the emergency. The administrator shall notify the chairperson of the zoning committee within 24 hours of such situations. Notwithstanding any other provisions of this section such order shall become effective immediately. Any person to whom such order is directed shall comply therewith immediately. Appeals or challenges to emergency orders may be brought after emergency conditions have ceased, to the board of adjustment.

(Code 1987, § 17.57(13.0); Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Res. No. 16-21, 8-30-2016)

When a permit is issued requiring mitigation under Sections 50-190(e)(4), 50-192(c)(3)c. or 50-192(c)(3)e. the property owner must submit a complete permit application that is reviewed and approved by the county. The application shall include a plan that outlines the proposed mitigation measures and meets the following criteria:

(1)

Mitigation schedule:

(2)

All mitigation shall be designed and installed as specified in the most current Rusk County Shoreland Mitigation Guidebook as approved by the zoning committee which is intended to restore natural functions lost through development and human activities.

(3)

The mitigation measures shall be proportional in scope to the impacts on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty.

(4)

An implementation schedule and enforceable obligation on the property owner to establish and maintain the mitigation measures.

a.

The enforceable obligations shall be evidenced by an affidavit recorded in the office of the register of deeds.

b.

All shoreland mitigation activities must begin within one year of the recording date of the mitigation affidavit or in accordance with a timeline that is written into the mitigation plan and must be completed in accordance with said timeline or within two years of the recording date if a timeline has not been established.

(Res. No. 16-21, 8-30-2016)