Document Douglascountywi_doc_9c12643201

Chapter 8.4, Page 108 8.4 SHORELAND ZONING ORDINANCE THE COUNTY BOA RD OF SUPERVISORS OF THE CO UNT Y OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, AND TITLE 1.1 Statutory Authorization This ordinance is adopted purs uant to the authorization in Sections 59.69, 59.692, and 59.693, 59.694, 87.30, 236.45 and 281.31 Wis. Stats. 1.2. Finding of Fact Uncontrolled use of the shorelands and pollution of the navigable waters of Douglas County would adversely affect the public health, safety, convenie nce, and general welfare and impair the tax bas e. The legislature of Wisconsin ha s delegated responsibility to t he counties to further the maintenance of safe and healthful c onditions; prevent and contro l water pollution; protect spawning grounds, fish and aquatic life; control buildi ng sites, placement of structures and land uses; and to preserve shore cover and natural beauty. This responsibility is hereby recognized by Douglas County, Wisconsin. 1.3 Purpose and Intent For the purpose of promoting the public health, safety, convenience and welfare, and promote and protect the public trust in navigable waters, this ordinance has been establis hed to: 1.31 Further the maintenance of safe and healthful conditions and prevent and control water pollution through: Limiting structures to thos e areas where soil and geolog ic al conditions will provide a safe foundation; Establishing minimum lot sizes to provide adequate areas for private on-site waste treatment systems; Controlling filling and grading to prevent soil erosion problems; and Limiting impervious surfaces to control runoff which carries pollutants. 1.32 Protect spawning grounds, fish and aquatic lif e through: Preserving wetlands and other fish and aquatic habitat; ---PAGE BREAK--- Chapter 8.4, Page 109 Regulating pollution sources; and Controlling shoreline alte rations, dredging and lagooning. 1.33 Control building sites, placement of structures and land uses through: Prohibiting certain uses detrimental to the shoreland-wetlands; Setting minimum lot sizes and widths; Setting minimum building setbacks from waterways; and Setting the maximum height of near-shore structures. 1.34 Preserve and restore shoreland vegetation and natural scenic beauty through: Restricting the removal of natural shoreland cover; Preventing shoreline enc roachment by structures; Controlling shoreland excav ation and other earth moving a ctivitie s; and Regulating the use and plac ement of boathouses and other structures. 1.4 Title Shoreland Zoning Ordinance for Douglas County, Wisconsin. SECTION II. GENERAL PROVISIONS 2.1 Areas to be Regulated Areas regulated by this or dinanc e shall inc l ude all the l ands (referred to herein as shorelands ) in the unincorporated areas of Douglas County whic h are: 2.11 Within one thousand (1,000) feet of the ordinary high water mark of navigable lakes, ponds or flowages. If the navigable water is a glacial pothole lake, this distance shall be measured from the high water mark of the lake. Lakes, ponds or flowage in Douglas County shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication FH-800, 2009 “Wisconsin Lakes” book available at the following website: http://dnr.wi.gov/org/water/fhp/lakes/lakemap or are shown on United States Geological Survey quadrangle maps or other zoning base maps. ---PAGE BREAK--- Chapter 8.4, Page 110 2.12 Within three hundred (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 Douglas County shall be presumed to be navigable if they are designated as perennial waterways or intermittent waterways on United States Geological Survey quadrangle maps (1:24,000). Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas. 2.13 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 s. 13.48(13), Stats., 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 s. 30.2022(1), Stats., applies. (NR 115.02) Shoreland zoning requirements in annexed or incorporated areas are provided in s. 61.353 and s. 62.233, Stats. 2.14 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 office of the Department for a final determination of navigability or ordinary high water mark. The county may work with surveyors with regard to s. 59.692(1h). 2.15 Under Sect ion 281.31(2m), Wis. Stats., notwithstandin g any other provision of law or administrative rule promulgat ed thereunder, this shoreland zoning ordinance does not apply to lands adjacent to farm drainage ditches if: Such lands are not adjacent to a natural nav igable stream or river; Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body. 2.2 S h o r e l a n d - W e t l a n d Maps The maps designated below are hereby adopted and made part of this ordinance. They are on file in the office of the Zoning Administrator for Douglas County. ---PAGE BREAK--- Chapter 8.4, Page 111 The most recent version of the Wisconsin Wetland Inventory, as depicted on the Department of Natural Resources Water Data Viewer is made part of this ordinance. The maps can be viewed at: http://dnr.wi.gov/SL/viewer.html. The most recent version of the Flood Insurance Rate Maps created by the Federal Emergency Management Agency (FEMA) including the appendix listed in Ordinance 8.3 Douglas County Official Zoning Map dated December 10, 1970 and amendments. 2.3 Complianc e The use of any land or water, the size, shape and placement of lots, the use, size, type and location of structures on lots, t he installation and maintenance of water supply and waste disposal facilities, the fillin g, grading, lagoo ning, dredging of any lands, the cutting of shoreland v egetation, the subdivis ion of lots, shall be in full complianc e with the terms of this ordinanc e and other applicable local, state or federal regulations. Buildings, signs and other structures shall require a permit unless otherwis e express ly excluded by a provision of this ordinance. Property owners, builders and contractors are responsible for complianc e with the terms of this ordinanc e. 2.4 Municipalities and St ate Agencies Regulated Unless specifically exempted by law, all cities, villages , towns, and counties are required to comply with this ordinance and obtain all necessary permits. St ate agencies are required to comply when Secti on 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of st ate highways and bridges by the Wisconsin Department of Transportation are exemp t when Section 30.2022(1), Wis Stats., applies. 2.5 Abrogation and Great er Restrictions The provisions of this or dinance supersede any provisions in a county zoning ordinance which solely relate to shorelands . In other words, if a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this ordinance supercedes those provisions. However, where an ordinance adopted under a statute other than Section 59.692 Wis. Stats., does not solely relate to shorelands and is more restrictive than this ordinance, for example a floodplain ordinance, that ordinance shall continue in full force and e ffect to the extent of the greater restrictions, but not otherwise. 2.51 This ordinance shall not require appr oval or be subject to disapproval by any town or town board. ---PAGE BREAK--- Chapter 8.4, Page 112 2.52 If an existing town ordinance relating to shorelands is more restrictive than this ordinance or any am endments thereto, the town ordinanc e continues in all respects to the extent of greater restrictions, but not otherwise. 2.53 This ordinance is not intended to repeal, abrogat e or impair any existing deed restrictions, covenants or easem ents. However, where this ordinance imposes greater restrictions, the provisions of this ordinanc e shall prevail. 2.54 The more restrictive provisions of the Dou glas County General Zoning Ordinance are hereby incorporated and made part of this ordinance and shall hav e the same force and effect as if fully numerated herein. 2.55 This ordinance may establish standards to regulate matters that are not regulated in NR 115, but that further the purposes of shoreland zoning as described in Section 1.3 of this ordinance. (s.59.692(1d)(b), Wis Stats.) 2.56 The provisions of Douglas County Zoning Ordinance 8.0 Section IV, Subsection 4.4 apply to the shoreland zone and are referenced herein. 59.692(1d)(b), Wis Stats.) 2.57 Douglas County does not establish or regulate any of the following in the shoreland district 59.692(1k)(a)1., Wis. Stats.): Approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirement 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. Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made. 2.58 The construction and maintenance of a facility is considered to satisfy the requirements of a shoreland zoning ordinance if the department has issued all required permits or approvals authorizing the construction or maintenance under ch. 30, 31, 281 or 283. (s.59.692(7), Stats) 2.6 Interpretation In their interpretation and application, the pr ovisions of this ordinance shall be held to be minimum requirements and shall be li berally construed in favor of the county and shall not be deemed a limitation or r epeal of any other powers granted by Wisconsin Statutes. Where a provision of this ordinance is required by Statute and a standard in Wis. Adm. Code NR 115, and where t he ordinanc e provision is unclear, the provision s hall be interpreted in light of the Statute and NR 115 standards in effect on the date of the adoption of this ordinanc e or in ---PAGE BREAK--- Chapter 8.4, Page 113 effect on the date of the most recent text amendment to this ordinance. 2.7 Severabilit y If any portion of this ordinance is adjudged unc onstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. SECTION III. LAND DIVISION REVIEW AND SANITARY REGULATIONS 3.1 Land Div ision Review The county shall rev iew, pursuant to Section 236.45, Wis. Stats. and Douglas County Subdivision Ord 8.1, all land d ivis i ons in shoreland areas which create one or more pa rcels or building sites of less than 10 acres each within a 5-year period. In such review the following factors shall be considered: Hazards to the health, safety or welfare of future residents; Proper relationship to adjoining areas; Public access to navigable waters, as required by law; Adequate stormwater drainage facilities; and Conformity to state law and administrative code provisions. 3.2 Limited Rezoning to Achiev e Reduced Lot Sizes and Setbacks 3.21 Purpose In some instances where an individual lot or small tract of land has unique characteristics, such as unique terrain, which would result in unnecessary hardship as defined in Section 13.2, if the owner were required to comply with one or more of the requirement s for minimum lot sizes, width and setbac k, the Zoning Committee may grant a variance. In other instances where larger areas are involved, the appropriate method for seeking a relaxation of the same minimum standards is by rezoning to establish a Planned Residential Unit Development overlay. The Planned Residential Unit Development is intended to permit smaller lots and setbacks where the physical layout of the lots is so arranged (often by setting them back farther from navigable water) as to better assure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and s etbacks and without special c onditions placed upon the Planned Re sidential Unit Development at the ---PAGE BREAK--- Chapter 8.4, Page 114 time of its approval. A condition of all Planned Resid ential Unit Deve lopment is the preservation of certain open space, preferably on the shoreland, in perpetuity. 3.22 Requirements for Planned Re sidential Unit Development The Count y Board may at its discretion, upon its own motion or upon petition, approve a Plan ned Residential Unit Development, either by approving first an overlay district and then a plat or by approving only a plat for the specific planned residential project upon finding, after a public hearing, that all of the following facts exist: Area. The area proposed for the Planned Residential Un it Development is at least 40 acres in size. Pollution Control. The loca tion and nature of the septic systems which will serve the home sites indivi d ually or collectively will assure that effluent from the septic systems will not reach the ground or surface waters in a condition wh ich would contribute to health hazards, taste, odor, turbidity, fertility or impair the aesthetic character of navigable waters. Preservation of Ground Cover. The location of home sites and the dedication of part of the land for the use by the public or residents of the Planned Residential Unit Dev el opment will preserve the ground cover of the shoreland and scenic beauty of the navigab le water, prevent erosion, and other pertinent factors. Land not used for lots and streets shall be dedicated in perpetui ty to remain in open spac e. This may be accomplished by conveyance in common to each of the owners of lots in the development or to a corporation formed by them, or by dedication to the county, town or municipality. Lands dedicated to the public must be accepted by action of the governing body of the accepting unit of gover nment. If the land is to be conveyed t o owners of lots in the development, a homeowner's association or similar legally constituted body shall be created to maintain the open space land. Any restriction plac e d on platted land by covenant, grant of easement or any other manner which was required by a public body or which names a public bo dy as grantee, promisee or beneficiary, shall vest in the public body the right t o enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction. Density. The number of platt ed home sites shall not exceed thos e which would have been possib l e if t he same land were platted in accordanc e with the minimum lot sizes, setbacks and widt hs provided by the applic able provis ions of the zoning ordinance. This figure shall be determined by divi ding the total area of the subdiv ision, excluding streets, by the minimum lot size required by ---PAGE BREAK--- Chapter 8.4, Page 115 Section 4.0 of this ordinance. Lot Sizes, Widths, Setbacks, and Tree-cutting. The lot sizes, widths, and setbacks shall not be less than those provided for in current statutes, Wis. Adm. Codes or ordinances, and shall not be so small as to cause pollution or eros ion along streets or other public ways and waterways or so small as to substantially depreciate the property values in the immedi ate neighborhood. 3.23 Procedure for Establishing a Planned Re sidential Unit Development District The procedure for establishing limited rezoning in the form of a Planned Resid ential Unit Development district shall be as follows: Petition. A petition setting forth a ll of the facts required in Section 3.22 shall be submitted to the Count y Clerk with sufficient copies to provide for distribution by the Clerk as required by Section 3.23(2). Review and Hearing. The petiti on shall be submitted to the county zoning agency established as r equired by Sections 59.69 and 59.692, Wis. Stats., wh ich shall hold a public hearing and report to the County Board as required by la w. Copies of the petition and notice of the hearing shall also be sent to the appropriate office of the Department as descr ibed in Section 11.2 of this ordinance. The county zoning agency's report to the County Board shall reflect the recommendations of any federal, state or local agency with which the county zoning agency consults. If a petition seeks approval of a Planned Residential Unit Development plat without first seeking the granting of an overlay district, a hearing shall be held on such plat as in any regular amendm ent to the zoning ordinanc e. If, however, a hearing is first held on the overlay for a Planned Residential Unit Development district, a second public hearing need not be held in connection with the appr oval of a subsequent plat or plats which comply with the overlay district as approved. Findings and Conditio ns of Approval. The County Board shall mak e written findings as to the comp liance or noncompliance of the proposed overlay dis t rict with each of the applicabl e requirements set forth in Section 3.22. If the pe tition is granted in whole or part, the County Board shall attach such written conditions to the approval as are required by and consistent with Section 3.22. The condition s of approval shall in all cases est ablish the specific restrictions applicable with regard to minimum lot sizes, width, setbacks and the location of septic systems and the preservation of ground cover and open spac e. Planning Studies. A landowner or petitioner may at his own ---PAGE BREAK--- Chapter 8.4, Page 116 expense develop the facts required to establish compliance with the provisions of Section 3.22 or may be required to contribute funds to the county to defray all or part of the contribute funds to the county to defray all or part of the cost of such studies being undert aken by the county or any agency or person with whom the county contracts for such work. 3.3 Sanitary Regulations The county shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality. Where public water supply s ystems are not available, priv ate well construction shall be required to conf orm to Wis. Adm. Code NR Ch. 812. Where a public sewage collection and treatment system is not available, design and construction of private sewage disposal systems shall be governed by a privat e sewage system ordinance adopted by the county under Section 59.70(5), Wis. Stats. and required to comply with Wis. Admin. Code SPS 383. SECTION IV. DIMENSIONS OF BUILDING SITES 4.1 Purpose: 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. 4.2 Lot Sizes Shoreland Zoning Schedule – Dimensional Requirements Sewered Unsewered Minimum lot width 65 feet 100 feet Minimum lot area 10,000 sq. ft. 20,000 sq. ft. Note: Zone District minimum lot dimensions also apply to the shoreland zone, whichever is more restrictive. 4.3 Substandar d Lots 4.31 After adoption of this ordinance, no lot areas shall be so reduced that the dimensional and yard requirements r equired by this ordinanc e cannot be met. Lots existing and of record prior to adoption of this ordinanc e, but of substandar d size, may be devoted to uses permitted in the district in which located if s uch use can be accomplished in compliance with the lot and building dimensional schedul e of this ordinance. 4.32 A legally created lot or parcel that met minimum area and minimum ---PAGE BREAK--- Chapter 8.4, Page 117 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: 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. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. The substandard lot or parcel is developed to comply with all other ordinance requirements. 4.33 Lots created after adoption of this ordinance and whic h are not served by public sewer systems shall meet the minimum area requirements of the Douglas County Sanitary Code and the Douglas County Zoning Ordinanc e. 4.34 Other substandard lots. Except for lots which meet the requirements of Sections 4.31, 4.32, or 4.33, a building permit for the improvement of a lot having less er dimensions than those st ated in Sections 4.1 and 4.2 shall be issued only after granting of a variance by the Board of Adjustment. 4.4 Lots in Cluster Subdivisions Lots in clus ter subdivis ions not served by public sanitary sewers may be reduced to the minimum allowed by the county private sewage system ordinance pursuant to the procedures set forth in Section 3.2 of this ordinance. SECTION V. SETBACKS FRO M THE WATER 5.1 Lots in Shoreland Zone (NR 115.05(1)(b)) Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution. All buildings and structures, exc ept exempt structures, shall be set back at least 75 feet from the ordinary high water mark of navigable waters. 5.2 Structures Exempt from the Minimum Setback in 5.1 in accordance with Wisconsin Statutes 59.692(1v) and WI Administrative Code NR 115.05(1)(b)(1m) 5.21 Boathouses. Boathouses shall be designed and cons tructed solely for the storage of boats and related equipment and shall not be used for human habit ation and may not be plumbed. ---PAGE BREAK--- Chapter 8.4, Page 118 Boathouses shall be set back a minimu m of 2 feet and no greater than 20 feet from the ordinary high water mark and shall be constructed in conformity with local fl oodplain zoning standards. Boathouses shall be located within the viewing and access corridor. One boathouse is permitted on a lot as an accessory building. Boathouses shall not exceed one story and 250 square feet in floor area. Existing exempt structures that were legally constructed 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. The roof of a boathouse may be used as a deck provided that: the boathouse has a flat roof the roof has no side walls or screens the roof may have a railing that meets the Department of Safety and Professional Services standards. 5.22 Open-sided or screened structures referred to as minor structures within shoreland setback area (gazebo law). The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high water mark. The floor area of all the structures in the shoreland setback area will not exceed 200 square feet. The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides. 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% of the half of the shoreland setback area that is nearest to the water. 5.23 Stairways, walkways and lifts that are necessary to provide pedestrian access to the shoreline and are a maximum of 60 inches in width. 5.24 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. ---PAGE BREAK--- Chapter 8.4, Page 119 5.25 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. 5.26 Devices or systems used to treat runoff from impervious surfaces. 5.3 Reduced Principal Structure Set backs 5.31 A setback less than the 75’ required setback from the ordinary high water mark shall be permitted for a proposed principal structure and shall be determined as follows: Where there are existing principal structures 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: Both of the existing principal structures are located on adjacent lot to the proposed principal structure. Both of the existing principal structures are located within 250’ of the proposed principal structure. Both of the existing principal structures are located less than 75’ from the ordinary high water mark. The average setback shall not be reduced to less than 35’ from the ordinary high water mark of any navigable water. Where there is an existing principal structure in only one direction, the setback shall equal the average of the distance the existing principal structure is set back from the ordinary high water mark and the required setback of 75’ from the ordinary high water mark provided all of the following are met: The existing principal structure is located on adjacent lot to the proposed principal structure. The existing principal structure is located within 250’ of the proposed principal structure. The existing principal structure is located less than 75’ from the ordinary high water mark. ---PAGE BREAK--- Chapter 8.4, Page 120 The average setback shall not be reduced to less than 35’ from the ordinary high water mark of any navigable water. 5.32 Setback reductions may a l s o be permitted by t he Board of Adjustment pursuant to Section 10. 5 of this ordinanc e. 5.4 Increased Principal Structure Set backs A setback greater than the required 75’ from the ordinary high water mark shall be required for a proposed principal structure and determined as follows: Where there are existing principal structures 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: Both of the existing principal structures are located on adjacent lot to the proposed principal structure. Both of the existing principal structures are located within 200’ of the proposed principal structure. Both of the existing principal structures are located greater than 75’ from the ordinary high water mark. Both of the existing principal structures were required to be located at a setback greater than 75’ from the ordinary high water mark. The increased setback does not apply if the resulting setback limits the placement to an area on which the structure cannot be built. 5.5 Floodplain Structures Buildings or structures to be constructed or placed in a floodplain shall be required to comply with Douglas County Floodplain Ordinance 8.3. Legal pre- existing structures within the floodplain may not be replaced, modified or additions constructed that do not comply with Section 87.30 WI Stats and WI Admin Code NR 116. SECTION VI. REMOVAL OF SHORE COVER 6.1 Shoreline Cutting (NR 115.05(1)(c)1.) To protect natural scenic beauty, fish and wildlife habitat, and water quality, a county shall regulate removal of vegetation in shoreland areas, consistent with the following: The county shall establish ordinance ---PAGE BREAK--- Chapter 8.4, Page 121 standards that consider sound forestry and soil conservation practices and the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients. Tree and shrubbery cutting in an area parallel to the ordinary high water mark, and extending 35 feet inland from all points along the ordinar y high water mark, shall be limited in accordance with the following provisions: 6.11 Removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors is allowed. Per s. 59.692(1f)(b), Stats., the viewing corridor may be at least 35 feet wide for every 100 feet of shoreline frontage. The viewing corridors may run contiguously for the entire maximum width of the shoreline frontage owned. 6.12 Natural shrubbery shall be pres erv ed as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and pr eserving natural beauty. 6.2 Paths Any path, road or passage within the access and viewing corridor shall be constructed and surfaced so as to effectively control erosion. 6.3 Cutting Plan As an alternative to Section 6.11, a spec ial c utting plan allo win g greater cutting may be permitted by the County Zoning Committ ee by issuance of a conditional- use permit, pursuant to Section 10.3. An app lication for such a permit shall inc lude a sketch of the lot providing the followin g information: location of parking, topography of the land, existing v egetation, propos ed cutting, and proposed replanting. The Committee may grant such a permit only if it finds that such special cutting plans: 6.31 Will not cause undue erosion or destruction of scenic beauty, and 6.32 Will provid e substantial visua l screening from the water of dwellings, accessory structures and parking ar eas. Where the plan calls for replacement planting, the Committee may require the submission of a bond which guarantees the performance of the planned tree or shrubbery replacement by the lot owner. 6.4 Cutting More Than 35 Feet Inland From the inland edge of the 35-foot area to the outer lim its of the shoreland, the cutting of trees and shrubbery shall be allo wed when acco mplished using accepted forest management and soil conser vation practices which protect water quality. ---PAGE BREAK--- Chapter 8.4, Page 122 SECTION VII. FI LLING, GRADING, LAGOONING, DREDGING, DITCHING, AND EXCAVATING 7.1 General Standards Filling, grading, lagooning, dr edging, ditching or excavating which does not requir e a permit under Section 7.2 may be permitted in the shoreland ar ea provided that: 7.11 It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wild life ha bitat. 7.12 Filling, grading, lagoo ning, dredging or excavating in a shoreland- wetland district meets the requirements of Section 8.13 of this ordinance. 7.13 All applicable federal, state and loca l authority is obtained in addition to a permit under this ordinance. 7.14 Any fill p lac ed in the sh oreland are a is protected against erosion by the use of rip-rap, vegetative cover or a bulkhead. 7.2 Permit Required Exc ept as provided in Section 7.3 a zoning permit is required: 7.21 For any filling or grading of any area which is within 30 0 feet landward of the ordinary high water mark of navigable water and which has surface drainage toward the water and on which there is either: Any filling o r grading on slopes of more than 20%; Filling or grading of more than 2,500 sq. ft. in addition to the minimum necessary for the construction of the pr incipal bu ild in g and the ins t allation of on-site was t e treatment systems on slopes of 12%-20%; or Filling or grading of more than 5,0 00 sq. ft. in addition to the minimum necessary for the construction of the principal building and the installation of on-site waste treatment systems on slopes of 12%. 7.22 For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet landward of the ordinary high water mark of a navigable body of water or where the purpose is the ultimate connection with a naviga ble body of water. 7.3 Soil Conservation Practices Soil conservation practices such as terraces, runoff diversions and grassed ---PAGE BREAK--- Chapter 8.4, Page 123 waterways which are used for erosion co ntrol shall not require a permit under Section 7.2 when designed and constructed to Natural Resources Conservation Service technical standards. 7.4 Permit Conditions In granting a zoning permit under Section 7.2, the County Zoning Administrator shall attach the following c onditions, where appropriate: 7.41 The smallest amount of bare ground shall be exposed f or as short a time as feasible. 7.42 Temporary ground cover (such as mulc h or jute netting) shall be used and permanent vegetative cover shall be establis hed. 7.43 Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion. 7.44 Lagoons s hall be constructed to avoid fish trap conditions. 7.45 Fill sha ll be stabilized accordi ng to accepted engineerin g standards. 7.46 Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain. 7.47 Channels or artificial watercourses s hall be constructed wit h side slopes of two units horizontal distance to one unit vertical or flatter which shall be vegetated, unless bulkhea ds or rip-rap are provided. 7.5 Impervious Surface Standards 7.51 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. 7.52 Calculations of Percentage of Impervious Surface (Wis. Adm. Code NR 115.05(1)(e)) 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 7.55 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 ---PAGE BREAK--- Chapter 8.4, Page 124 considered one lot or parcel for the purposes of calculating the percentage of impervious surface. 7.53 General Impervious Surface Standard (NR 115.05(1)(e)2.) Up to 15% impervious surface is allowed on the portion of a lot or parcel that is within 300 feet of the ordinary high water mark. 7.54 Maximum Impervious Surface (NR 115.05(1)(e)3.) A property may exceed the impervious surface standard under 7.53 provided the following standards are met: For properties where the general impervious surface standard applies under Section 7.53 a property owner may have more than 15% impervious surface but not more than 30% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high water mark. For properties that exceed the standard under 7.53 but do not exceed the maximum standard under 7.54(1), a permit can be issued for development with a mitigation plan that meets the standards found in Section 9.4 7.55 Excluded Impervious Surfaces (NR 115.05(1)(e) and s. 59.692(1k)(a)1.e.) Impervious surfaces that can be documented to show they meet either of the following standards shall be excluded from the impervious surface calculations under 7.52: The impervious surface is treated by devices such as stormwater ponds, constructed wetlands, infiltration basins, rain gardens, bio- swales or other engineered systems. 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. 7.56 Existing Impervious Surfaces (NR 115.05(1)(e)4.) For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in Section 7.53 or the maximum impervious surface standard in Section 7.54, the property owner may do any of the following: Maintain and repair the existing impervious surfaces. Replace existing impervious surfaces with similar surfaces within the existing building envelope. Relocate or modify an existing impervious surface with similar or ---PAGE BREAK--- Chapter 8.4, Page 125 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 s. Wis Admin. Code NR 115.05(1)(b). SECTION VIII. SHORELAND-WETLAND OVERLAY DISTRICTS 8.1 Designation This distric t shall include all shorelands within the jurisdiction of this ordinance 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. 8.11 Locating Shoreland- Wetland Boundaries Where an apparent discrepanc y exists between the shoreland-wetland district boundary shown on the Wisconsin Wetland Inventory maps and actual field conditions, the Zoning Administrator shall contact the Department to determine if the map is in error. If Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland or meets the wetland definition but was not shown as wetland on the map, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulatio ns applic able t o the correct zoning district. In order to correct wetland mapping errors on the official zoning map, an official zoning map amendment must be initiated within a reasonable period of time. 8.12 Purpose This district is created to maintain safe and healthful conditions, to prevent water pollu tion, to protect fish spawn ing grounds and wild life ha bitat, 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. 8.13 Permitted Uses The following uses shall be allowed, subject to general shoreland zoning regulations contained in this ordinance, the provisions of Chs. 30 and 31 and 281.36, Wis. Stats. and the provis ions of other applicable lo cal, state and federal laws: Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without any filling, flooding, dredging, ditching, tiling or exc avating as allowed under Section 8.13(2) or 8.13(3): ---PAGE BREAK--- Chapter 8.4, Page 126 Hiking, fishing, trapping, hunting, swimming, and boating; 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; The pasturing of livestock; The cultivat ion of agricultural crops; The practice of silviculture, including the planting, thinning , and harves t ing of timber; and The construction or maintenanc e of duck blinds. Uses which do not require the iss uance of a zoning p ermit and which may include limited filli ng, flooding, draining, dredging, ditching, tiling, or excavating but only to the extent specif ically provided below: Temporary water level stabilization measures necessary to allev iate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected; The cultivation of cranberries including flooding, dike and dam construction or ditching nec essary for the growth and harvesting of cranberries; The maintenance and repair of existing agriculture drainage systems where permissible by Se ction 30.20, Wis. Stats., inclu ding ditching, tiling, dr edg ing, excav ating and fillin g necessary to maintain the le vel of drainage required to continue the existing agriculture use. This inclu d es the minimum fillin g necessary for disposal of dredged spoil adjacent to the drainage syst em provided that the dredged spoil is placed on existing spoil banks wher e possible; The construction or maintenanc e of fences for the pasturing of livestock, includin g excavating and filling necess ary for such construction or maintenanc e; The construction or maintenanc e of piers, docks, or walkways built on pilings, including limited excav a ting and filling necessary for such construction and maintenance; and The maintenance, repair, repl acement or reconstruction o f existing town and county highways and bridges, including limited e xcavating and filling nece ssary for such maintenance, repair, replacement or reconstruction. Uses whic h require the issuanc e of a zoning permit under Section 10.2 and which may include limited f illing, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent specifically provided below: ---PAGE BREAK--- Chapter 8.4, Page 127 The construction and maintenance of roads whic h are necessary to conduct silvicult ural activities or agriculture cultivation provided that: The road cannot as a pr actical matter be located outside wet land; (ii) The road is designed and cons tructed to minimize adverse impact upon the natural functions of the wetland enumerated in Section 8.152; (iii) The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use; and (iv) Road construction activities are carried out in the immediate area of the roadbed only. The construction or maintenan ce of nonresidential buildings provided that: 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; (ii) The building cannot, as a practical matter, be located outside the wetland; (iii) Such building is not de signed for human habitation and does not exceed 500 sq. ft. in floor area; and (iv) Only limited fillin g or exca v ating necessary to provide structural support for the building is authorized. 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: Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Ch. 29, Wis. Stats., where applic able; (ii) Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allo wed only where such construction or maintenance me ets criteria in Section 8.13(3)(a); and (iii) Ditching, excav ating, dredging, or dike and dam construction in public and pr ivate parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal ---PAGE BREAK--- Chapter 8.4, Page 128 farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhanc e wetland values. The construction or maintenanc e of electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities and cooperative a ssociations organized for the purpose of producing or furnishi ng heat, light, power, or water to their members and the construction or maintenance of railroad lines provided that: The transmission and distribut ion facilities an d railroad lines cannot, as a practical matter, be located outside the wetland; and (ii) Such const ruction or maintenance is done in a manner designed to minimize adver se impact upon the natural functions of the wetland enumerated in Section 8.15(2). 8.14 Prohibited Uses Any use not listed in Sections 8.13(1), 8.13(2), or 8.13(3) is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this ordinance in acc ordance with Section 8.15 of this ordinance and Section 59. 69(5)(e), Wis. Stats. 8.15 Rezoning of Lands in the Shoreland-Wetland District For all proposed text and map amendments to the shoreland- wetland provisions of this ordinance, the appropriate office of the Department shall be provided with the following: A copy of every petition for a text or map am endment to the shoreland- wetland provisions of this ordinance, within 5 days of the filing of such petition wit h the County Clerk. Such petition shall include a copy of the Wisconsin W etland Inventory map adopted as part of this ordinance des cribing any propos ed rezonin g of a shoreland-wetland; Written notice of the public hearing to be held on a proposed amendment at least 10 days prior to such hearing; A copy of the county zoning agency' s findings and recommendations on each propo sed amendment within 10 days after the submission of those findings and recommendations to the County Board; and Written notice of the County B oar d's decis ion on the pr oposed amendment within 10 days after it is issued. ---PAGE BREAK--- Chapter 8.4, Page 129 A wetland, or portion thereof, in t he shoreland-wetland district shall not be rezoned if the proposed rezoni ng may result in a significant adverse impact upon any of the following: Storm and flood water storage capacity; Maintenance of dry season stream flow, the discha rge of groundwat er to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland; Filtering or storage of sedim ents, nutrients, heavy metals or organic compounds that would ot herwise drain into nav igable waters; Shoreline protection against soil erosion; Fish spawning, breeding, nursery or feeding grounds; Wildlife habitat; or 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: http://www.legis.state.wi.us/rsb/code/nr/nr103.pdf. If the Department notifies the County Zoning Committee that proposed text or map amendment to the shoreland-wetland provisions of this ordinance may have a significant adverse impact upon any of the criteria listed in Section 8.15(2) of this ordinance, that amendment, if approved by the Count y Board, shall contain the following pr ovision: "This amendment shall not take e ffect until more than 30 days have elapsed after written notice of the County Board's approval of this amendment is mailed to the Departm ent of Natural Resources. During that 30-day period the Dep art ment of Natural Resources may notify the County Boar d that it will adopt a superseding shoreland ordinance for the county under Section 59.692(6), Wis. Stats. If the Department does so notify the County Bo ard, the effect of this amendment shall be stayed until the Section 59.692(6), Wis. Stats., adoption procedure is c ompleted or otherwise terminated." ---PAGE BREAK--- Chapter 8.4, Page 130 SECTION IX. NONCONFORMING USES AND LEGAL PRE-EXIS TING ST RUCT URE S 9.1 The lawful use of a building, structure or property whic h existed at the time this ordinance, or an applicable ame ndment to this ordinance, took effect and which is not in conformity with the provisions of this ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the conditions of this ordinance. 9.2 Shoreland Nonconfor ming Uses 9.21 Complianc e with legal pre-existing prin c ipal building provisions . Any shoreland building, structure, premis es or fixture that constitutes a nonconfor ming use and is also a legal pre-existing principal building must adhere to the provisions set forth in subsection for nonconforming shoreland structures. 9.22 Prohibited Expansion. The alteration of, or addition to, or repair in excess of fifty percent (50%) of the assessed valu e of any existing building, premises, structure or fixture for the purpose of carrying on a nonconforming use is prohibited. (see Wis. Stats. 59.69 ( 10) (am)) 9.23 Exceptions to Prohibited Ex p a n s i o n . If th e a lt e r a t ion , a dd it io n o r rep a ir o f a l e g a l pre-existing build ing or structure in the shoreland district with a non conform ing use is proh ibit ed becau se it is for the pur pose of carrying on a nonconf o rm ing use and is in excess of f ifty percen t (50%) of the asse ssed va lue of the existin g build ing, prem ises, stru c t ure or f ixt ure, th e property owner may stil l make the proposed a lt e r at ion , a dd it io n o r r e pa ir if t h e p r op e r t y o wn e r m e e ts a ll p r o visio n s s e t f o r t h i n s u b s e c t io n 9.3 f o r l e g a l p r e - e x i s t i n g s tr u c tu r e s a n d: T he alte ration , addition or r e pa ir is not f o r th e pu rpose of carrying on a n on c o nf o r m in g u se . ( 2 ) A n o n co nf o rm in g u s e is p e r m an e nt ly changed to a conf orming use. ( 3 ) T he p r op e r t y o wn e r a p pe a ls t h e d et e r mina t io n of t he Zon i ng Ad m in is t r a t o r and County Bo ard of Ad ju stment or th e Circuit Cou rt f in d s in f a vo r of th e p r o p e r t y o w n e r u n der Se c s . 5 9 .6 9 4 ( 4 ) o r 5 9 . 59 7 (10 ) , W is . St at s . ( 4 ) T he p r op e r t y o wn e r su c c e s sf u lly p e t it ion s to ha ve t h e p r o p e r ty r e zo n e d b y a m e nd men t of t h is Chap t e r a nd Se c . 5 9 .6 9 ( 5 ) (e W is. St a t s . ---PAGE BREAK--- Chapter 8.4, Page 131 9.24 Discontinuance. If a shoreland nonconf o rm in g u s e is d is c o n t inu e d f o r twe l ve (12) consecutive months, an y f utu re use of the build ing, structure or property sh a ll co nfo rm to t h is Cha p te r. 9.25 Temporar y Structur es . If the shoreland nonconform in g use of a temp orary structure is discontinued, such non conf orming use may not be recomm en ced. 9.26 Nuisances . Uses that are nuisances s ha ll n ot b e p e rm it t ed to c on t in u e a s n o n co nf o rm in g u s e s. 9.27 Burden of Proof: A property owner claiming a nonconforming use and exemption from applicable regulations shall prove by a preponderance of the evidence that: The use was legally established; The use predated zoning provisions with which it does not comply; 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. 9.3 Legal Pre- Existing Principa l Structures and Buildings 9.31 Shoreland Setback . The minimum setback to the ordinary hi gh wa ter mark of any navi gable wa ter body to th e ne arest pa rt of a build ing or st ructure shall apply. 9.32 Maintenance, Repair, Replacement or Vertical Expansion of Nonconforming Structures (s 59.692(1k)(a)1.b. and 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. May be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Special review and consideration will be given to situations where expansion of the structure beyond the existing footprint is necessary to comply with applicable state or federal requirements. ---PAGE BREAK--- Chapter 8.4, Page 132 9.33 Legal Pre- existing Principal Structure Located Thirty- f ive (35) Feet or More but Less than Se ve nt y-fi ve (75) Feet from the Ordinar y High Water Mark . A legal p r e - e x i s t i n g p r i n c i p a l s t r u c t u r e loca ted thirty-f ive (35) or mo re feet, bu t less than se venty-f ive (75) feet, f rom the ordi nar y h i gh wa t e r m ar k m a y b e e xp a n d ed laterally, p rovide d th at: T he resulting structure shall not exce ed th irt y-f ive (3 5 ) f ee t in h e igh t , a s def in ed in ch . NR 11 5 .0 5 ( 1 ) (f ) , W is . A d m Cod e . ( 2 ) L a t e r a l e x p a n s i o n i s l i m i t e d t o 2 0 0 s q u a r e f e e t o v e r t h e l i f e o f t h e s t r u c t u r e . N o p o r t i o n o f t h e e x p a n s i o n m a y b e a n y c l o s e r t o t h e o r d i n a r y h i g h - w a t e r m a r k t h a n t h e c l o s e s t p o i n t o f t h e e x i s t i n g p r i n c i p a l s t r u c t u r e . T he p r op e r t y o wn e r o b t a in s a land u se p e r m it a nd f u lf ills t he m it iga t io n requ irem e nts of Subsection 9. 4 by the date specified in the permit. All other provis ions of the Douglas Coun ty Shorel and Zoning Ordinance shall b e m et . If use of the principal structure has been discontinued f o r a period of twelve (12) months or m o re, any further use of the structure shall conf orm to t h is ch ap t e r. 9.34 Expansion of a Nonconforming Principal Structure Beyond Setback (NR 115.05(1)(g)5m.). An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under Section 5.1, may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements per Section 5.1 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 Section 7.5. 9.35 R e l o c a t i o n o f N o n c o n f o r m i n g P r i n c i p a l S t r u c t u r e ( N R 1 1 5 . 0 5 ( 1 ) ( g ) 6 . ) A n e x i s t i n g p r i n c i p a l s t r u c t u r e t h a t w a s l a w f u l l y p l a c e d w h e n c o n s t r u c t e d b u t t h a t d o e s n o t c o m p l y w i t h t h e r e q u i r e d b u i l d i n g s e t b a c k p e r S e c t i o n s 5 . 1 a n d 5 . 3 m a y b e r e l o c a t e d o n t h e p r o p e r t y p r o v i d e d a l l o f t h e f o l l o w i n g r e q u i r e m e n t s a r e m e t : The use of the structure has not been discontinued for a period of twelve months or more if a nonconforming use. ---PAGE BREAK--- Chapter 8.4, Page 133 The existing principal structure is at least 35 feet from the ordinary high-water mark. 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. The county determines that no other location is available on the property to build a principal structure with the same square-footage footprint to the structure proposed for relocation that will result in compliance with the shoreland setback requirement per Section 5.1. The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in Section 9.4 to include enforceable obligations of the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the Douglas County Register of Deeds. All other provisions of the shoreland ordinance shall be met. 9.36 Maintenance, Repair, Replacement or Vertical Expansion of Structures that were Authorized by Variance (s.59.692(1k)(a)2. and 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, replaced, 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. Shoreland mitigation measures are not required. 9.37 Complia nc e w ith Mo st Res t ric t ive Zone Standards . Legal pre-existing principa l structures, and buildings wh ich are located in m o re th an one m i n i m u m setback zone, shall comply with the standards of the more restrictive zone. 9.38 Maintenance, Repair, Replacement of Illegal Structures ---PAGE BREAK--- Chapter 8.4, Page 134 (s.59.962(1k)(a)2,, Stats) A structure that was illegally constructed, which is older than ten years and may not be enforced under the shoreland ordinance (s59.692 (1t)Stats) may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the structure. (No vertical or lateral expansion allowed for structures in violation.) 9.4 Mitigation Measures 9.41 Actions that trigger mitigation Exceeding the maximum impervious surface area allowed 7.54(2)) Lateral expansion of a nonconforming principal structure 9.33(2)) Relocation of a nonconforming principal structure (9.35(5)) Vegetative buffer required as mitigation under open-sided structure provision 5.22(4)) 9.42 Required mitigation A site plan and implementation schedule describing any required mitigation shall be s ubmitted by the property owner or their authorized agent and approved by the Zoning Department prior to issuing the related land use permit(s). Mandatory practices for mitigation shall inc lude: Evaluation and if need ed upgrading of any existing sanitary system on the subject property to meet current Douglas County and DSPS regulations. Implementation of standard eros ion and storm water runoff control measures described in applic able sections of this ordinance. 9.43 Additional r equirement s: Shall accumulate at leas t two points from among the following proposed or current practices: Maintenance of an existi ng shoreland buffer area within 35 feet of the ordinary high water mark of Lakes and Rivers/Streams (2 points). ---PAGE BREAK--- Chapter 8.4, Page 135 Restoration of the shoreland buffer area within 35 feet of the ordinary high water mark of Lakes and Rivers/Streams (2 points). Restoration of native vegetation along both sidey ards, minimum of 5 feet wide measured perpendicular to the lot line for the entire length of the lot (1/2 point). Removal of legal pre-existing accessory buildings from within the shoreland setback area (1 point per building). Use of exterior build ing ma terials or treatments that are inconspicuous and blend with the nat ural setting of the site (1/2 point). Removal o f waterward impr ovements (seawalls, dockage, artificial sand beach etc. and / or restoration of emergent aquatic vegetation (1 point for each distinct removal / restoration effort). Any other mitigation that is deemed appropriate by the Zoning Administrator may be used to meet the mitigation requir ement of Section 9.4. 9.44 A Shoreland Mitigation/ Preservation Affidav it shall be signed and r ecorded with the Register of Deeds prior to the issuance of a zoning permit. 9.45 Type of Shoreland Buf f er The type of shoreland buffer restoration chosen under Sect ion 9.42 o r r e q u i r e d u n d e r S e c t i o n 5 . 2 2 ( 4 ) will be determined by the Zoning Department and/or the Land Cons ervation Department. The buffer type shall be either woodland, prairie, or wetland . The woodland and prairie buffers shall comply with the standards set forth in Section 9.45 Table 1. Wetland buffers will also be permitted where deemed appropriate by the Zoning Department and/or the Land Conservation Department. ---PAGE BREAK--- Chapter 8.4, Page 136 9.46 Table 1. Shorela nd Buffer Planting Standards Woodland Buffer Prairie Buffer Layer Minimum number of species Density per 100 square feet Minimum number of species Density per 100 square feet Area Credits Tree Canopy 3 1 2 0.2 Existing tree canopy edge viewing corridor Shrub Understory 4 1.5 2 0.5 Existing shrub understory wet edge viewing corridor Groundcover Plant Plu gs 1 70 5 70 Existing we ll vegetated native ground cover Groundcover seeding 1 Varies 5 Varies Existing we ll vegetated native ground cover WI Biology Technical Note 1: Shoreland Habitat; Interim Standard # 643A Shoreland Habitat provides specific criteria for Shoreland Habitat establishment and for determining the dimensions of the practice (Section It identifies the necessary components of a Shoreland Habitat establishment plan (Section VII), and lists criteria for operation and maintenance of the practice (Section VIII). 9.47 Type of Vegetation Recovery Natural Re covery: Shoreland buffer areas that are suited for natur al recovery will be allowed only after Zoning an d /or County Land Conservation approval. Accelerated (Planted) Recovery: Areas not suited to natural recovery will require planting s to establish native vegetation and must be planted. Areas such as lawns or eroded sites with no seed source will require plantings. Dense turf grass growths that have been m aintained for several years will need to be removed and native plantings in stalled. Planted buffers must meet the required plant densities based on s quare footage of buffer area and the type of buffer (Table Plantin g credits will be allowed for the viewing corridor, areas of existing nativ e vegetation, and areas suited for natural recovery. ---PAGE BREAK--- Chapter 8.4, Page 137 9.48 Douglas County Native Plant List Species of plants must be selected from the Douglas County Native Plant List and approved for shoreline buffers by the Land Conservationist. Substitutions must be approved by the Land Cons ervationist. Substitutions to the list will be allowed in the event of lack of plant stock or seed availa bility on a case-by-case basis. All plants may be transplanted from areas outside of the buffer zone. 9.49 Planting Densities Planting densities are based on the total ar ea of the required buffer. Area credits calculated are s ubtracted from the total required density on an equal square footage of coverage basis. Trees must be at least 2 years old and greater than 1 foot tall to qualify as a credit or planting. 9.50 Shoreland Buffer Plan Requirem ents A shoreland restoration plan shall be completed for all required shoreland mitigation or preservations. Plans must be approv ed by the Land Cons ervationist and the Zoning Administrator. Shoreland Buffer Restoration Site Plans must include: Name and address of property owner Property address and legal descr iption Extent of the shoreland buffer Scale (e.g. 1 inch = 10 feet) North arrow Ordinary high water mark (OHWM) location Location of all structures in the shoreland buf f er zone Viewing and access corridor Boundary of the shoreland buffer zone Existing trees, shrubs, and native ground cover Areas to be planted wit h trees, shrubs, and groundcover s Implementation schedule A plant species list; indicate if you are requesting substitution s from the prepared list Erosion control practices (to be installed prior to and during buffer establishment) Water diversions and c hannelized flow areas Buffer Maintenance (weeding, replanting) Implementation Schedule: The approved Shoreland Buffer Rest oration Site Plan must be started within one year fr om the issue date of applicable permit. All plantings and any other required activities in the Shoreland Buffer Restoration Site Plan must be co mpleted within two years of the permit issue date. ---PAGE BREAK--- Chapter 8.4, Page 138 SECTION X. ADMINISTRATIVE PROVISIONS 10.1 Zoning Administrator The Zoning Administrator shall have the following duties and power s: 10.11 Develop and administer a system of permits for new construction, development, reconstruction, structural alteration or moving of buildings and structures. A permit application shall be required to be submitted to the Zoning Office. 10.12 Regular inspection of permitted work in progress to insure conformity of the finished structures with the terms of the ordinance. 10.13 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. 10.14 A special exception (conditional use) procedure under Section 10.3 herein. 10.15 The county shall keep a complete record of all proceedings before the board of adjustment, zoning agency and planning agency. 10.16 Written notice to the appropriate office of the Department at least 10 days prior to any hearing on a proposed variance, special exception or conditional use permit, appeal for a map or text interpretation, map or text amendment, and copies of all proposed land divisions submitted to the county for review under Ordinance 8.2. 10.17 Submission to the appropriate office of the Department, within 10 days after grant or denial any decision on a variance, special exception or conditional use permit, or appeal for a map or text interpretation, and any decision to amend a map or text of an ordinance. 10.18 Mapped zoning districts and the recording, on an official copy of such map, of all district boundary amendments. 10.19 The establishment of appropriate penalties for violations of various provisions of the ordinance, including forfeitures. Compliance with the ordinance shall be enforceable by the use of injunctions to prevent or abate a violation, as provided in WI Stats. 59.69 (11). 10.20 The prosecution of violations of the shoreland ordinance. ---PAGE BREAK--- Chapter 8.4, Page 139 10.2 Zoning Permits 10.21 When Required: Exc ept where another section of this ordinanc e specifically exempt s certain types of development from this requirement a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in Section 13.2, or any change in the use of an existing building or structure, is initiated. 10.22 Application: An application for a zoning per mit shall be made to the Zoning Administrator upon forms furnished by the county and shall inc lude for the purpose of proper enforcement of these regulati ons, the following information: Name and address of applic ant and property owner; Legal desc ription of the property and type of proposed use; A to-scale sketch of the dimensions of the lot and locat ion of all existing and proposed structures and impervious surface calculations relative to the lot lines, center line of abutting highways and the ordinar y high water mark of any abutting waterways; Location and description of any existing private water supply or sewage sy stem or notification of plans for any such installation; Plans for appropriate mitigation (when required); Payment of the appropriate fee; Additional information required by the Zoning Administrator. 10.23 Expiration of Permit: Zoning permits shall expire 12 months from date issued if no substantial work has commenced. 10.3 Conditional-Use Permits 10.31 Application for a Conditional- Use Permit: Any use listed as a conditional- use in this ordinance sha ll be per mitted only after an application has been submitted to the Zoning Ad ministrator and a conditional-use permit has been granted by the County Zoning Committee. 10.32 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: The maintenance of safe and healthful conditions; ---PAGE BREAK--- Chapter 8.4, Page 140 The prevention and control of water pollution including sedimentation; Complianc e with local floodplain zoning ordinances and opportunity for damage to adjacent properties due to altered surface water drainage; The erosion potential of the si te based upon degree and direction of slope, soil type, and vegetative cover; The location of the site with respect to existing or future access roads; The need of the proposed use for a shoreland location; Its compatibility wit h uses on adjacent land; The amount of liquid and solid wastes to be generated and the adequacy of the proposed disposal systems; and Location factors under which: Domestic uses shall be generally preferred; Uses not inherently a source of pollution wit hin an area shall be preferred over uses that are or may be a pollution source; and Use locations within an area tending to minimiz e the possib ility of pollution shall be preferred over use locations tending to increase that possibility. 10.33 Use Conditions: Upon consideration of the factors listed above, the County Zoning Committee shall attach su ch conditions, in addition to those required elsewhere in this ordinance, as are neces sary to further the purposes of this ordinance. Violations of any of these conditions shall be deemed a violation of this or dinance. Violations of any of these conditions may include specifications for, wit hout limitation because of specific enumeration: type of shore cov er; specific sewage disposal and water supply facilities; land scaping an d pl anting screens; period of operation; operational control; sureties; deed restrictions; location of pier s, docks, parking and signs; and type of construction. To secure information upon which to base its determination, the County Zoning Committee may require the applicant to furnish the following information: A plan of the area showing surfac e contours, soil types, ordinary high water marks, ground water conditions, subsurface geology and vegetative cover. Location of buildings , parking ar eas, traffic access, driveways, ---PAGE BREAK--- Chapter 8.4, Page 141 walk ways, piers, open space and landscaping. Plans of building, sewage dis p os al facilities, water supply systems and arrangement operations. Specifications for areas of pr oposed filling, grading, lagooning or dredging. Other pertinent information necessary to determine if the proposed use meets the requirement s of this ordinanc e. Rationale for why the proposed conditional use meets all of the conditional use criteria listed in the ordinance. 10.34 Notice, Public Hearing and Dec i sion: Before deciding upon an applic ation for a conditional-use permit, the C ounty Zoning Committee shall hold a public hearing. Notice of such public hearing, spec ifying time, place and matters to come before the Committee, shall be giv en a Class 2 notice under Ch. 985, Wis. Stats. Such notice shall be mailed to the appropriate office of the Department at least 10 days prior to the hearing. The Zoning Committee shall state in writing the grounds for granting or refusing a conditional-use permit. 10.35 Recording: When a conditional- u se permit is approved, an appropriate record shall be made of the land us e and structures permitted and such permit shall be applic able solely to the structures, use and property so described. A copy of any decisions on a conditional- use permit shall be mailed to the appropriate office of the Department within 10 days after it is granted or denied. 10.36 Revocation: Where the conditions of a conditional-use permit are violated, the conditional-use permit shall be revoked by the Cou nty Zonin g Committee. 10.4 Variances The Board of Adjustment may grant upon appeal a variance from the dimensional standards of this ordinance where an applicant convincingly de monstrates that literal enforcement of the provisions of the ordinanc e will: Result in unnecessary hardship on the applic ant, Due to special conditions unique to the property, and That such variance is not contrary to the public interest. 10.41 Notice, Hearing and Decis ion: Before passing on an application for a variance, the Board of Adjustment s hall hold a public hearing. Notice of ---PAGE BREAK--- Chapter 8.4, Page 142 such hearing specifying the time, place and matters of concern, shall be given a Class 2 notice under Ch. 985, Wis. Stats. Such notic e shall be mailed to the appropriate district office of the Department at least 10 days prior to the hearing. The Board shall st ate in writing the reasons for granting or refusing a variance and shall mail a copy of such decision to the appropriate Department office within 10 days of the decision. 10.5 Board of Adjustment The Chairman of the County Bo ard shall appoint a Board of Adjustment consisting of 5 voting and 2 alternate members under Section 59.694, Wis. Stats. The County Board shall adopt such rules for t he conduct of the busines s of the Board of Adjustment as required by Section 59.694, Wis. Stats. 10.51 Powers and Duties The Board of Adjustment shall adopt suc h additional rules as it deems necessary and may exercise all of the powers conferred on such boards by Section 59.694, Wis. Stats. It shall hear and decide appeals where it is alleged there is error in any order, requirements, decisions or determination made by an administrative official in the enfor cement or administration of this ordinance. It may grant a variance from the dimensional standards of this ordinance pursuant to Section 10.4. In granting a variance, the Board may not impose conditions which are more restrictive than any of the specific standards in the ordinance. Where the ordinance is silent as to the extent of restriction, the Board may impose any reasonable permit conditions to affect the purpose of this ordinance. 10.52 Appeals to the Board: Appeals to the Board of Adjustment may be made by any person aggrieved or by an officer, department, board or bureau of the county affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be made within 30 days, as provided by t he rules of the Board, by filing wit h the officer whose decision is in question, and with the Boar d of Adjustment, a notice of appeal specifying t he reasons for the appeal. The Zoning Administrator or other officer whose decision is in question shall pr transmit to the Board all the papers constituting the record concerning the matter appealed. 10.53 Hearing Appeals and Appl ications for Variances The Board of Adjustment shall fix a reasonable time for hearing on the appeal or application. The Board shall give public notice ---PAGE BREAK--- Chapter 8.4, Page 143 thereof by publishing a Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time and place of the hearing a nd the matters to come before the Board. Notice shall be given to the appropriate office of the Depart ment at least 10 days prior to hearings on proposed shoreland variances and appeals for map or text interpretations. A decision regarding the appeal or application shall be made as soon as practical. Copies of all decisions on shoreland variances and appeals for map or text interpretations shall be sub mitted to the appropriate office of the Department within 10 days after they are granted or denied. The final disposition of an appeal or application to the Board of Adjustment shall be in the form of written resolution or order signed by the chairman and secret ary of the Board. Such resolution shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution or grant the applic ation. At the public hearing, any party may appear in person or by agent or by attorney. 10.6 Fees General: The Count y Board may, by resolution, a dopt fees includ ing, but not limited to, the following: Land use permits; Conditional-use permits; Planned Residential Unit Development reviews; Public hear ings; Legal notic e public ations; and Variances and administrative appeals ---PAGE BREAK--- Chapter 8.4, Page 144 SECTION XI CHANGES AND AMENDMENTS The County may, from time to time, alter, supplement or change the boundaries of use districts and the regulati ons contained in this ordinance in acc ordance wit h the requirements of Section 59. 69 and 59.692, Wis. Stats., a n d Wis. Adm. Code Ch NR 115, where applicable. 11.1 Amendments to this ordinanc e may be made on petition of any interested party as provided in Section 59 .69(5), Wis. Stats. 11.2 Every petition for a text or map am endment filed with the County Clerk shall be referred to the County Zoning Committee. A copy of each petition shall be m aile d to the appropriate district office of the Department within 5 days of the filing o f the petition with the Count y Clerk. Written not ice of the public hear ing to be held on a proposed amendment shall be mailed to the appropriate office of the Department at least 10 days prior to the hearing. 11.3 A copy of the County Board's decision on each propos ed amendment shall be forwarded to the appropriate office of the Department within 10 days after the decision is issued. SECTION XII. ENFORCEMENT AND PENALTIES Any development, any building or structure constructed, moved or structurally altered, or any use establis hed after the effe ctive date of this ordinance in viola t ion of the provisions of this ordinanc e, by any person, firm, association, corporation (including building contractors or their agent s) shall be deemed a violation. The Zoning Administrator or the county zoning agency shall refer violations to the District Attorney or Corporation Counsel who shall expeditiously prosecute violations. Any person, firm, association, or corporation who violates or refuses to comply wit h any of the provisions of this or dinance shall be subject to a forfeiture of not less than Fifty ($50.00) dollars nor more than Two Hundred ($200.00) dollar s per offense, together with the taxable cos t s of action. Each day which the violation exists shall constitute a separat e offense. Every violation of this ordinance is a public nuis anc e and the creation ther eof may be enjoined and the maintenance thereof may be abated pursuant to Sections 59.69, 59.69(11) and 66.0113, Wis. Stats. SECTION XIII. DEFINITIONS 13.1 For the purpose of administering and enfor cing this ordinance, the terms or words used herein shall be interpreted as follo ws : Words used in the present tense include the future; words in the singula r 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 . 13.2 The following terms used in this ordinance mean: ---PAGE BREAK--- Chapter 8.4, Page 145 Access & Viewing Corridor a strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone (NR 115.03(1d)) Accessory Construction construction, replacement, placement, or modification of, but not limited to, decks, porches (open or screened), and walk ways Accessory Structure or Use a detac hed subord inate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or us e to which it is related, and which is lo cated on the same lot as the principal structure or use. Accessory structures include, but are not limited to: detached garages, barns, gazebos, patios, decks, swimming pools, hot tubs, fences, retaining walls, driveways, parking lots, sidewalks, detached stairways and lifts. Boathouse any permanent structure designed solely for the purpose of protecting or stori ng boats and related equipment for noncommercial purposes Building Envelope is the three-dimensional space within which a structure is built (NR 115.03(1p)) Conditional Use a use wh ich is permitted by this ordinance provided that certain conditions specif ied in the ordinance are met and that a permit is granted by the Planning and Zoning Committee County Zoning Agency that committee or commission created or designated by the County Board under Section 59.69(2), Wis. Stats., to act in all matters pertaining to county planning and zoning Department the Wisconsin Department of Natural Resources Development any man-m ade change to improve real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction or additions or s ubstantial alterations to buildings, structures or accessory structures, the placement of mobile homes, ditching, lagooning, dredging, filling, grading, pav ing, excavation or drilling o perations, 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 ---PAGE BREAK--- Chapter 8.4, Page 146 Existing Development Pattern when principal structures exist within 250 feet of a proposed principal structure in both directions along the shoreline (NR 115.03(3m)) Expansion any structural modification, which increases the existing structure envelope or footprint Exterior Improvement upgrades in aestheti cs, function, or worth of the outside surface(s) or components of a structure. Such improvements may include, but are not limited to: structural alteration for the expansion or addition of door s, windows, replacement of basement/foundation walls and footings Facility any property or equipment of a public utility, as defined in s. 196.01(5), or a cooperative association organized under 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 Floodplain the land whic h has been or may be hereafter covered by floodwater during a regional flood occurrence. The flood plain includes the floodway and flood fringe as those terms are defined in Wis. Adm. Code NR116.03(16) Footprint the land area covered by a structure at ground level measured on a horizontal plane. The footprint of a dwelling or building includes the horizontal plane bounded by the furthest exterior wall and eave (if present), projected to natural grade. For structures without walls (decks, stairways, patios, carports, etc) a single horizontal plane bounded by the furthest portion of the structure projected to natural grade. For the purposes of replacing or reconstructing a nonconforming building with walls, the footprint shall not be expanded by enclosing the area that is located within the horizontal plane from the exterior wall to the eaves or deck projected to natural grade. This would constitute lateral expansion under NR 115 and would need to follow NR 115.05(1)(g)5 . Generally Accepted Forestry Management Practices forestry management practices that promote sound management of a forest (NR 1.25(2)(b)) as outlined in the most recent version of the department publication known as Wisconsin Forest Management Guidelines and identified as PUB FR- 226 Impervious Surface (NR 115.03(4g)) ---PAGE BREAK--- Chapter 8.4, Page 147 an area that releases as runoff all or a majority of the precipitation that falls on it. Excludes (among other things): frozen soil and decks that have at least a ¼ inch space between deck boards with a pervious surface below. Includes (among other things): rooftops, sidewalks, driveways, parking lots, shingles, concrete, asphalt and streets (unless specifically designed, constructed, and maintained to be pervious). Roadways as defined in s. 340.01(54) or sidewalks as defined in s. 340.01(58) are not considered impervious surfaces. Interior Improvement upgrades in aesthetics, function, or worth of the interior surface(s) or components of a structure. Such improvements may include, but are not lim ited to: replacement or the addition of interior doors, cabinets, drywall, insulation, or plumbing, heating, and electrica l system components. No land use permit is required for these activities. Legal Pre-Existing Structure a dw elling or other build ing, structure or accessory building that existed lawfu lly before the current zoning ordinanc e was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinanc e Lot a continuous parcel of land, not divided by a public right-of-way, and sufficient in size to meet the lot width and lot area provisions of this ordinance Lot Area the area of a horizontal plane bounded by the front, side and rear lot lines of a lot, but not including the area of any land below the ordinary high water mark of navigable waters Mitigation means balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities (NR 115.03(4r)) Navigable Waters Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state (NR 115.03(5)). Under s. 281.31(2)(d), Wis Stats, notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under s. 59.692, Wis Stats, and ch. NR 115, Wis Adm Code, do not apply to lands adjacent to: Farm drainage ditches where such lands are not adjacent to a natural navigable stream or river and such lands were not navigable streams before ---PAGE BREAK--- Chapter 8.4, Page 148 ditching; and Artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body. Nonconforming Use a use of land, a dwelling, or a building that existed lawfully before the curr ent zoning ordinanc e was enacted or amended, but that does not conform to the use restrictions in the current ordinance Ordinary High Water Mark the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics (NR 115.03(6)) Ordinary Maintenance and Repair ordinary and routine actions necessary to continue or restore the safe and healthy use of a structure which has been dam aged or has deterio rated through natural aging and wear and which does not result in a substantial structure improvement or a signific ant increase in value. Such actions may include, but are not limited to: painting and staining, and the repair of the following; exterior windows, skylights, doors, vents, siding, insulation, shutters, gutters, flooring, shingles, roofing materials, walls or the foundation, and internal improvements within the st ructural envelope witho ut doing a structural alteration Principal Building or Principal Structure a structure that is designed for independ ent human habitation an d includes sanitary and/or food prepar ation facilities whether such structure is attached to another structure(s) or stands alone Regional Flood a flood determined to be r epresentative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physica l characteristics, once in every 100 years Renovation and Remodeling See “Ordinary Maintenance and Repair” Routine Maintenance of Vegetation normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance (NR 115.03(7m)) Shoreland Setback (Area) an area in a shoreland that is within a certain distance of the ordinary high water mark in which the construction or placement of structures has been limited or prohibited under an ordinance enacted under section Wis Stats 59.692 Shoreland-Wetland District ---PAGE BREAK--- Chapter 8.4, Page 149 t he zoning district, created as a part of this shoreland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetland maps which have been adopted and made part of this ordinance Shorelands lands within the following distanc es 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 str eam or to the landward side of the floodplain whichever distance is greater Structural Alteration any activity not considered ordinary maintenance and repair that results in a change to the integral framework, or the exterior silhouette or footprint of a structure Structure a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch or firepit (s.59.692(1)(e) Wis Stats) Substandard Lot 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 for a new lot Unnecessary Hardship those circumstances where special conditions, which were not self-creat ed, affect a particular property and make strict conformity with restrict ions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance Variance an authorization granted by the Board of Adjustment to construct, alter or use a building or structure in a manner t hat deviates from the dimensional and use standards of this ordinance Wetlands those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and whic h have soils indicative of wet conditions SECTION XIV. EFFECTIVE DATE This ordinance shall take effect immediately upon passage and publication. Dated this 18th day of August, 2016. Amendments: September 20, 2018