|Jefferson City Municipal Code|
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22.00 Statutory Authorization, Findings of Fact, Statement of Purpose and Title
22.01 Statutory Authorization 22.02 Finding of Fact and Purpose 22.10 General Provisions
22.12 Municipalities and State Agencies Regulated 22.13 Abrogation and Greater Restrictions
22.16 Annexed Areas
22.20 Shoreland-Wetland Zoning District
22.21 Shoreland-Wetland Zoning Maps 22.22 District Boundaries
22.23 Permitted Uses
22.24 Prohibited Uses
22.30 Nonconforming Structures and Uses 22.40 Administrative Provisions
22.41 Zoning Permits
22.42 Certificate of Compliance
22.43 Conditional Use Permits
22.47 Board of Appeals
22.50 Amending Shoreland-Wetland Zoning Regulations 22.60 Enforcement and Penalties
SHORELAND-WETLAND ZONING 22.00
22.01 STATUTORY AUTHORIZATION. This ordinance is adopted pursuant to the authorization in (SS) 62.23 and 62.231 for cities and 87.30 and 144.26, Wis. Stats.
22.02 FINDING OF FACT AND PURPOSE. Uncontrolled use of the shoreland-wetland and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
(2) Maintain the storm and flood water storage capacity of wetlands;
(3) Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4) Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
(5) Prohibit certain uses detrimental to the shoreland-wetland area; and
(6) Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.
22.10 GENERAL PROVISIONS
22.11 COMPLIANCE. (1) The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. (However, see section 22.30 of this ordinance, for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.
22.12 MUNICIPALITIES AND STATE AGENCIES REGULATED. (1) 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 if (SS) 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by Wisconsin Department of Transportation are exempt when (SS) 30.12(4)(a), Wis. Stats., applies.
22.13 ABROGATION AND GREATER RESTRICTIONS. (1) This ordinance supersedes all provisions of any municipal zoning ordinance enacted under (SS) 61.35, 62.23 or 87.30, Wis. Stats., which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
22.14 INTERPRETATION. (1) In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by a standard in chapter NR 117, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
22.15 SEVERABILITY. (1) Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
SHORELAND-WETLAND ZONING 22.16
22.20 SHORELAND-WETLAND ZONING DISTRICT
22.21 SHORELAND-WETLAND ZONING MAPS. The following maps are hereby adopted and made part of this ordinance and are on file in the office of the Municipal Clerk:
(2) Floodlplain zoning maps dated August 1, 1984.
(3) United States Geological Survey maps dated May, 1961, photo revised 1971.
(4) Zoning maps titled City of Jefferson Zoning/Floodplain/Wetland Zoning and dated February 15, 1994, and incorporating any amendments thereafter.
22.22 DISTRICT BOUNDARIES. (1) The shoreland-wetland zoning district includes all wetlands in the municipality which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this ordinance and which are:
(b) 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 shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. Floodplain zoning maps adopted in section 22.21(2) shall be used to determine the extent of floodplain areas.
(2) 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.
(3) When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning 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. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in section 3.24 and 3.25, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.
(4) Filled Wetlands. Wetlands which are filled prior to October 20, 1993, the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent in that the area can no longer be defined as wetland, are not subject to this ordinance.
(5) Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under (SS) 30.11, Stats. are not subject to this ordinance.
SHORELAND-WETLAND ZONING 22.23
(b) The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in manner that is not injurious to the natural reproduction of such crops;
(c) The practice of silvi-culture, including the planting, thinning and harvesting of timber;
(d) The pasturing of livestock;
(e) The cultivation of agriculture crops; and
(f) The construction and maintenance of duck blinds.
(2) Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
(b) The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(c) The maintenance and repair of existing drainage systems to restore preexisted levels of drainage, included the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and the dredged spoil is placed on existing spoil banks where possible.
(d) The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(e) The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(f) The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section 22.50(4) of this ordinance; and
(g) The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
(3) Uses which are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided below:
2. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in section 6.13 of this ordinance;
4. Road construction activities are carried out in the immediate area of the roadbed only; and
5. Any wetland alteration must be necessary for the construction or maintenance of the road.
(b) The construction and maintenance of nonresidential buildings provided that:
2. The building cannot, as a practical matter, be located outside the wetland;
3. The building does not exceed 500 square feet in floor area; and
4. Only limited filling and excavating necessary to provide structural support for the building is allowed.
(c) The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
3. The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in section 22.23(3)(a) of this ordinance; and
4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(d) The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:
2. Only limited filling or excavating necessary for such construction or maintenance is allowed; and
3. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 22.50(4) of this ordinance.
22.24 PROHIBITED USES. (1) Any use not listed in section 22.23 of this ordinance is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 22.50 of this ordinance.
SHORELAND-WETLAND ZONING 22.30
(3) Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this ordinance adopted under (SS) 61.351 or 62.231, Wis. Stats., may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.
(4) The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of (SS) 30.121, Wis. Stats.
(5) Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
22.40 ADMINISTRATIVE PROVISIONS. (1) Zoning Administrator. The zoning administrator is appointed administrator for the purpose of administering and enforcing this ordinance.
(a) Advise applicants as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms.
(b) Issue permits and certificates of compliance and inspect properties for compliance with this ordinance.
(c) Keep records of all permits issued, inspections made, work approved and other official actions.
(d) Have access to any structure or premises between the hours of 8 a.m. and 6 p.m. for the purpose of performing these duties.
(e) Submit copies of decisions on variances, conditional use permits, appeals for map or text interpretation, and map or text amendments within 10 days after they are granted or denied, to the appropriate district office of the Department.
(f) Investigate and report violations of this ordinance to the appropriate municipal planning agency and district attorney, corporation counsel or municipal attorney.
22.41 ZONING PERMITS. (1) When Required. Unless another section of this ordinance specifically exempts 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 22.70(6), of this ordinance, or any change in the use of an existing building or structure is initiated.
2. Legal description of the property and a general description of the proposed use or development.
3. Whether or not a private water supply or sewage system is to be installed.
SHORELAND-WETLAND ZONING 22.41(2)(b)
2. Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;
3. Description of any existing or proposed on-site sewage systems or private water supply systems;
4. Location of the ordinary high-water mark of any abutting navigable waterways;
5. Boundaries of all wetlands;
6. Existing and proposed topographic and drainage features and vegetative cover;
7. Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
8. Location of existing or future access roads; and
9. Specifications and dimensions for areas of proposed wetland alteration.
(3) Expiration. All permits issued under the authority of this ordinance shall expire 12 months from the date of issuance.
22.42 CERTIFICATES OF COMPLIANCE. (1) Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until certificates of compliance is issued by the zoning administrator subject to the following provisions:
(b) Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.
(c) The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this ordinance.
(2) The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.
(3) Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made by this building or premises and whether or not such use conforms to the provisions of this ordinance.
22.43 CONDITIONAL USE PERMITS. (1) Application. Any use listed as a conditional use in this ordinance shall be permitted only after an application has been submitted to the zoning administrator and a conditional use permit has been granted by the Plan Commission following the procedures and standards contained in Ch. 17 of the Municipal Code, for the issuance of conditional use zoning permits.
SHORELAND-WETLAND ZONING 22.44
22.44 FEES. The municipal governing body may, by resolution, adopt fees for the following:
(2) Certificates of compliance.
(3) Public hearings.
(4) Legal notice publications.
(5) Conditional use permits.
(6) Rezoning petitions.
22.45 RECORDING. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the zoning administrator of the land use and structures permitted.
22.46 REVOCATION. Where the conditions of a zoning permit or conditional use permit are violated, the permit may be revoked by the Board of Appeals upon hearing of a complaint from the zoning administrator or Plan Commission, which hearing shall afford the affected party notice and the opportunity to be heard.
22.47 BOARD OF APPEALS. The city mayor shall appoint a Board of Appeals under (SS) 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by Council. The Board of Appeals shall adopt rules for the conduct of its business as required by (SS) 63.23 (7)(e)3., Wis. Stats.
(b) May authorize upon appeal a variance from the dimensional standards of this ordinance where and applicant convincingly demonstrates:
2. That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;
3. That such variance is not contrary to public interest as expressed by the purpose of this ordinance and;
4. That such variance will not grant or increase any use of property which is prohibited in the zoning district.
(2) Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision, or determination of the zoning administrator or other administrative official. Such appeals shall be taken within reasonable time, as provided by the rules of the Board by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The zoning administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
SHORELAND-WETLAND ZONING 22.47(3)
(4) Decisions. The final disposition of an appeal before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.
22.50 AMENDING SHORELAND-WETLAND ZONING REGULATIONS. (1) The Council may alter, supplement or change the district boundaries and the regulations contained in this ordinance in accordance with the requirements of (SS) 62.23(7)(d)2., Wis. Stats., NR 117, Wis. Adm. Code, and the following:
(3) All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class II notice as required by (SS) 62.23(7)(d)2., Wis. Stats. The appropriate district office of the Department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.
(4) In order to insure that this ordinance will remain consistent with the shoreland protection objectives of (SS) 144.26, Wis. Stats., the Council may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
(b) Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
(c) Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(d) Shoreline protection against erosion;
(e) Fish spawning, breeding, nursery or feeding grounds;
(f) Wildlife habitat; or
(g) Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
(5) Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section 22.50(4), of this ordinance, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
SHORELAND-WETLAND ZONING 22.50(6)
(b) Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
(7) If the Department notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section 22.50(4), of this ordinance, that proposed amendment, if approved by the Council, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by section 22.50(6)(b) of this ordinance. If within the 30 day period, the Department notifies the city that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the city as provided by (SS) 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under (SS) 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.
22.60 ENFORCEMENT AND PENALTIES. Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any other use or accessory use established after the effective date of this ordinance in violation of the provisions of this ordinance, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The zoning administrator shall refer violations to the Plan Commission and the city attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this ordinance shall be subject to a forfeiture of not less than $25 nor more than $1000 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to (SS) 87.30(2), Wis. Stats.
22.70 DEFINITIONS. For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted as follows: Words used in present tense include the future; words in singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified, shall be measured horizontally. The following terms used in this ordinance mean:
(2) BOATHOUSE. As defined in (SS) 30.121(1), Wis. Stats., means a permanent structure used for storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.
(3) CLASS 2 PUBLIC NOTICE. A publication of a public hearing notice under chapter 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at seven days prior to the hearing.
(4) CONDITIONAL USE. A use is permitted by ordinance provided that certain conditions specified in the ordinance are met and that a permit is granted by the Plan Commission.
(5) DEPARTMENT. The Wisconsin Department of Natural Resources.
(6) DEVELOPMENT. Any man-made change to improve or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures; the placement of buildings or structures; ditching,
SHORELAND-WETLAND ZONING 22.70(7)
(7) DRAINAGE SYSTEM. One or more artificial ditches, title drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
(8) ENVIRONMENTAL CONTROL FACILITY. Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
(9) FIXED BOATHOUSE. As defined in (SS) 30.121(1), Wis. Stats., means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spud poles attached to the bed of the waterway.
(10) 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. Under (SS) 144.26(2)(d), Wis. Stats., not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under (SS) 61.351 or 62.221, Wis. Stats., and chapter NR 117, Wis. Adm. Code, do not apply to the lands adjacent to farm drainage ditches if;
(b) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(c) Such lands are maintained in non-structural agricultural use.
"Wisconsin Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Recourses, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons."
(11) ORDINARY HIGH-WATER MARK. The point on the bank or shore up to which the presence and action of the surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
(12) PLANNING AGENCY. The city plan commission created under (SS) 62.23(1), Wis. Stats.
(13) SHORELANDS. Lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
(14) SHORELAND-WETLAND DISTRICT. The zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this ordinance.
(15) UNNECESSARY HARDSHIP. Circumstances where special conditions, which are not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purpose of this ordinance.
(16) VARIANCE. An authorization granted by the Board of Appeals to construct or alter a building or structure in a manner that deviates from dimensional standards of this ordinance.
SHORELAND-WETLAND ZONING 22.70(17)
(18) WETLAND ALTERATION. Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.