ORD1987561ORDINANCE #561
(As Amended)
AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEG0 TO ADD SECTION 8.175
(SW - SHORELAND-WETLAND DISTRICT)
ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
SECTION 1: Chapter 17, Section 8.175 of the Municipal
Code of the City of Muskego, Wisconsin, entitlted SW -
SHORELAND-WETLAND DISTRICT, is hereby created to read as
follows:
.
8.175 SW - SHORELAND-WETLAND DISTRICT
1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE AND TTTLE
1.1 STATUTORY AUTHORIZATION
This ordinance is adopted pursuant to the authorization in sections
62.23 and 62.231 for cites and 87.30 and 144.26, WiS. Stats.
1.2 FINDING OF FACT AND PURPOSE
Uncontrolled use of the shoreland-wetlands 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:
(1) Promote the public health, safety, convenience and general
welfare ;
(2) Maintain the storm and flood water storage capacity of wetlands;
(3) Prevent and control water pollution by preserving wetlands which
compounds that would otherwise drain into navigable waters;
filter or store sediments, nutrients, heavy metals or organic
wildlife by preserving wetlands and other aquatic habitat;
(4) Protect fish, their spawning grounds, other aquatic life and
and
(5) Prohibit certain uses detrimental to the shoreland-wetland area;
removal of natural shoreland cover and controlling shoreland-wetland
(6) Preserve shore cover and natural beauty by restricting the
excavation, filling and other earth moving activities.
2.0 GENERAL PROVISIONS
2.1 COMPLIANCE
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
the standards applicable to nonconforming uses.) All permitted
federal regulations. (However, see section 4.0 of this ordinance, for
development shall require the issuance of a zoning permit unless
otherwise expressly excluded by a provision of this ordinance.
0"' MUNICIPALITIES AND STATE 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. State agencies are required to comply if section
13.48(13), Wis. Stats., applies. The construction, reconstruction,
maintenance and repair of state highways and bridges by the Wisconsin
Stats., applies.
Department of Transportation are exempt when section 30.12(4)(a), Wis.
2.3 ABROGATION AND GREATER RESTRICTIONS
2.31 This ordinance supersedes all the provisions of any municipal zoning
ordinance enacted under sections 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.
2.32 This ordinance is not intended to repeal, abrogate or impair any
existing deed restrictions,covenants or easements. However, where
this ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail.
2.4 INTERPRETATION
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
a standard in chapter NR 117, Wis. Adm. Code, and where the ordinance Wisconsin Statues. Where a provision of this ordinance is required by
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.
2.5 SEVERABILITY
Should any portion of this ordinance be declared invalid or
unconstitional by a court of competent jurisdiction, the remainder of
this ordinance shall not be affected.
3.0 SHORELAND-WETLAND ZONING DISTRICT
3.1 SHORELAND-WETLAND ZONING MAPS
and are on file in the office of the municipal Clerk:
The following maps are hereby adopted and made part of this ordinance
1986.
(1) Wisconsin Wetland Inventory maps stamped "FINAL" on January 31,
(2) Floodplain zoning maps titled Flood Boundary & Floodway Map and
dated December 1, 1982.
(3) United States Geological Survey maps. (REVISED 1971)
DIST3ICT BOUNDARIES
3.21 The shoreland-wetland zoning district includes a11 wetlands in the
municipality which are shown on the final Wetland Inventory Map that
has Seen adopted and made a ?art of this ordinance and which ape:
(1) Xithin one thousand (1,303) feet of the ordinary high-water mark
Of navigable lakes, ponds or flowages. Lakes, ponds or flowages In
bns municipality shall be pres;IE:IpI? to be navigable if they are shown
On the LJnifed States Geolozical Survey quadrangle naps or other zonlng
base aa?s which have Seen incor?orated by reference and made a part of
this ordinance.
navigabis rivers or streams, sr to the landward side of the (2) Within three hundred (300) ??et of the ordinary high-water mark of
flool?lain, whiehever distance :: greater. Rivers and streams shall
be ?resumed to be navigable if t?.ey are designated as either
e5ntin;ous or intermitzsnt ,dz:+?.days on the Unitsd Statos Geological
Sur.Joy quadrangle naps or ct??r zcning base ma?s xhich have Seen
incorjcratzd by reference an:: .:;:e a part of this srdinance.
?looislain zoning maps adopt22 in section 3.1(2) shall be used to
I?et?r-nine the extent of flood?l=in areas.
-
LI
.22 3et5rxinaiions of navigability and ordinary high-;rater nark Location
arise, the zoning administ-atsr shall contact the aoDro3riate district
shall initially be maCe by tkz zzning administrator. Xhen questions
3ffic5 of the Departsent ?or z 'mal determination of navigability or
or:inary high-water mark.
- ..
3.23 :it-i23n ar. apparent diserepancy ?x::ts between the shorelanl-wetland
condi>ions at the time the mass xere adopted, the zoninz administrator
district boundary shown on t?e cfficial zoning ma?s and actual field
shall contact the appropriate listrict office of the Department to
deternine if the shoreland-wetland district boundary as mapped, is in
error. If Department staff concur with the zoning administrator that
a particular area was incorroctly napped as a wetland, the zoning
adninistrator shall have the authority to immediately grant or deny a
correct zoning district. In orfer to correct wetland mapping errors
Zoning permit in accordance xi:? the regulations applicable to the
administrator shall be responsibie for initiating a map amendment
Shown on the official shoreland-.defLand zoning maps, the zoning
wifhin a reasonable period.
3.3 ?ERMITTED USES -
0 permit, provided that no wetland alteration occurs:
.3.31 Activities and uses which do not require the issuance of a zoning
(1) Hiking, fishing, trapping hunting, swimming and snowmobiling and
boating;
rice, berries, tree fruits and tree seeds, in a manner that is not
(2) The harvesting of wild crops, such as marsh hay, ferns, moss, wild
injurious to the natural reproduction of such crops;
(3) The practice of silviculture, including the planting, thinning and
harvesting of timber;
(4) The pasturing of livestock;
(5) The cultivation of agricultural crops; and
(6) The construction and maintenance of duck blinds.
3.32 Uses which do not require the issuance of a zoning permit and which
may involve wetland alterations only to the extent specifically
provided below:
(1) The practice of silviculture, including limited temporary water
level stabilization measures which are necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact on
the conduct of silvicultural activities if not corrected.
(2) The cultivation of cranberries, including limited wetland
alterations necessary for the purpose of growing and harvesting
cranberries;
pre-existing levels of drainage, including the minimum amount Of
(3) The maintenance and repair of existing drainage systems to restore
filling necessary to dispose of dredged spoil, provided that the
filling is otherwise permissible and that dredged spoil is placed on
existing spoil banks where possible;
(4) The construction and maintenance of fences for the pasturing of
livestock, including limited excavating and filling necessary for such
construction or maintenance;
(5) The construction and maintenance of piers, docks, walkways,
observation decks and trail bridges built on pilings, including
limited excavating and filling necessary for such construction or
maintenance;
(6) The installation and maintenance of sealed tiles for the purpose
of draining lands outside the shoreland-wetland zoning district
designed to minimize adverse impacts upon the natural functions of the
provided that such installation or maintenance is done in a manner
shoreland-wetland listed in section 6.13 of this ordinance; and
a existing highways and bridges, including limited excavating and
(7) The maintenance, repair, replacement and reconstruction of
filling necessary for such maintenance, repair, replacement or
reconstruction.
3.33 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:
(1) The construction and maintenance of roads which are necessary for
the continuity of the municipal street system, the provision of
essential utility and emergency services or to provide access to uses
permitted under section 3.3 of this ordinance, provided that:
(a) The road cannot, as a practical matter, be located outside the
wet land ;
(b) 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;
sectional area practical to serve the intended use;
(c) The road is designed and constructed with the minimum cross-
(d) Road construction activities are carried out in the immediate area
of the roadbed only; and
(e) Any wetland alteration must be necessary for the construction or
maintenance of the road.
(a) The building is used solely in conjunction with a use permitted in
the shoreland-wetland district or for the raising of waterfowl,
minnows or other wetland or aquatic animals;
wet land ; (b) The building cannot, as a practical matter, be located outside the
(c) The building does not exceed 500 square feet in floor area; and
(d) Only limited filling and excavating necessary to provide
structural support for the building is allowed
(3) The establishment and development of public and private parks and
recreation areas, outdoor education areas, historic, natural and
habitat improvement projects, game bird and animal farms, wildlife
scientific areas, game refuges and closed areas, fish and wildlife
preserves and public boat launching ramps, provided that:
(a) Any private development allowed under this paragraph shall be used
exclusively for the permitted purpose;
0 of public boat launching ramps, swimming beaches or the construction
(b) Only limited filling and excavating necessary for the development
of park shelters or similar structures is allowed;
(c) 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 3.33(1) of
this ordinance; and
wildlife habitat improvement projects, game bird and animal farms and
(d) Wetland alterations in game refuges and closed areas, fish and
wildlife preserves shall be for the purpose of improving wildlife
habitat or to otherwise enhance wetland values.
transmission lines, water and gas distribution lines and sewage
(4) The construction and maintenance of electric and telephone
collection lines and related facilities and the construction and
maintenance of railroad lines provided that:
lines cannot, as a practical matter, be located outside the wetland;
(a) The utility transmission and distribution facilities and railroad
(b) Only limited filling or excavating necessary for such construction
or maintenance is allowed; and
(c) Such construction or maintenance is done in a manner designed to
minimize adverse impacts upon the natural functions of the wetland
listed in section 6.13 of this ordinance.
3.4 PROHIBITED USES
3.41 Any use not listed in section 3.3 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 6.0 of this
ordinance .
3.42 The use of a boathouse for human habitation and the construction or
placement of a boathouse or fixed boathouse below the ordinary high-
water mark of any navigable waters are prohibited.
4 .O
4.1
4.2
e
NONCONFORMING STRUCTURES AND USES
The lawful use of a building, structure or property which existed at
the time this ordinance, or an applicable amendment to this ordinance,
ordinance, including the routine maintenance of such a building or
took effect and which is not in conformity with the provisions of the
structure, may be continued, subject to the following conditions:
The shoreland-wetland provisions of this ordinance authorized by
62.231 Wis. Stats., shall not limit the repair, reconstruction,
existence on the effective date of the shoreland-wetland provisions,
renovation, remodeling or expansion of a nonconforming structure in
or of any environmental control facility in existence on May 7, 1982
related to such a structure. All other modifications to nonconforming
total lifetime structural repairs and alterations to 50% of current
structures are subject to s.62.23(7)(h), Wis. Stats., which limits
fair market value.
4.3 If a nonconforming use or the use of a nonconforming structure is
discontinued for twelve (12) consecutive months, any future use of the
building, structure or property shall conform to this ordinance.
4.4 Any legal nonconforming use of property which does not involve the
subsequent amendment of this ordinance adopted under sections 61.351
use of a structure and which existed at the time of the adoption or
conform with the provisions of the ordinance. However, such
or 62.231, Wis. Stats., may be continued although such use does not
nonconforming use may not be extended.
4.5 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 section 30.121, Wis. Stats.
4.6 Uses which are nuisances under common law shall not be permitted to
continue as nonconforming uses.
5.0 ADMINISTRATIVE PROVISIONS
5.1 ZONING ADMINISTRATOR
The Building Inspector is appointed zoning administrator for the
purpose of administering and enforcing this ordinance.
The zoning administrator shall have the following duties and powers:
5.11 Advise applicants as to the provisions of this ordinance and assist
them in preparing permit applications and appeal forms.
5.12 Issue permits and inspect properties for compliance with this
ordinance.
5.13 Keep records of all permits issued, inspections made, work approved
and other official actions.
5.14 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.
5.15 Submit copies of decisions on variances, conditional use permits,
appeals for a 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.
5.16 Investigate and report violations of this ordinance to the
appropriate municipal planning agency and the district attorney, e .~ corporation counsel or^ municipal attorney.
5.2 ZONING USE PERMITS
0.21 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 8.2(6), of this ordinance, or any change in the use
of an existing building or structure is initiated.
5.22 APPLICATION
administrator upon forms furnished by the municipality and shall
An application for a zoning permit shall be made to the zoning
the following information:
include, for the purpose of proper enforcement of these regulations,
( 1) GENERAL INFORMATION
and conctractor, where applicable.
(a) Name, address, and telephone number of applicant, property owner
the proposed use or development.
(b) Legal description of the property and a general description of
0
(c) Whether or not a private water supply or sewage system is to be
installed
(2) SITE DEVELOPMENT PLAN
application and shall contain the following information drawn to
The site development plan shall be submitted as a part of the permit
scale :
(a) Dimensions and area of the lot:
(b) Location of any structures with distances measured from the lot
lines and center line of all abutting streets or highways;
(c) Description of any existing or proposed on-site sewage systems or
systems;
ordinary high-water mark of any abutting
private water supply
(d) Location of the
navigable waterways;
(e) Boundaries of a
(f) Existing and pr
vegetative cover;
11 wetlands;
oposed topographic and drainage features and
(g) Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps;
(h) Location of existing or future access roads; and
alteration.
(i) Specifications and dimensions for areas of proposed wetland
5.23 EXPIRATION
All permits issued under the authority of this ordinance shall expire
12 months from the date of issuance.
5.3 CERTIFICATES OF COMPLIANCE
5.31 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 a certificate of compliance is issued by the zoning
administrator subject to the following provisions:
(1) The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use thereof, conform to the
provisions of this ordinance.
(2) Application for such certificate shall be concurrent with the
application for a zoning or conditional use permit.
notification of the completion of the work specified in the zoning or
(3) The certificate of compliance shall be issued within 10 days after
conditional use permit, providing the building or premises and
proposed use thereof conform with all the provisions of this 0 ordinance.
5.32 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.
5.33 Upon written request from the owner, the zoning administrator shall
existing at the time of ordinance adoption, certifying after
.issue a certificate of compliance for any building or premises
inspection, the extent and type of use made of the building or
premises and whether or not such use conforms to the provisions of
this ordinance.
5.4 CONDITIONAL USE PERMITS
5.41 APPLICATION
permitted only after an application has been submitted to the zoning
Any use listed as a conditional use in this ordinance shall be
administrator and a conditional use permit has been granted by the
Plan Commission following the procedures in sections 5.82, 5.83 and 5.84 of this ordinance.
5.42 CONDITIONS
Upon consideration of the permit application and the standards
applicable to the conditional uses designated in section 3.33 of this
5.5
5.6
5.7
5 .a
ordinance, the Plan Commission shall attach such conditions to a
conditional use permit, in addition to those required elsewhere in
ordinance as listed in section 1.2. Such conditions may include
this ordinance, as are necessary to further the purposes of this
specifications for, without limitation because of specific
enumeration: type of shore cover; erosion controls, increased
setbacks; specific sewage disposal and water supply facilities;
control; sureties; deed restrictions; location of piers, docks,
landscaping and planting screens; period of operation; operational
parking areas and signs; and type of construction. To secure
may require the applicant to furnish, in addition to the information
information upon which to base its determination, the Plan Commission
required for a zoning permit, other pertinent information which is
necessary to determine if the proposed use is consistent with the
purpose of this ordinance.
FEES -
The municipal governing body - may by resolution, adopt fees for the
following :
(1) Zoning permits
(2) Certificates of compliance
(3) Public Hearings
(4) Legal notic publications
(5) Conditional use permits
(6) Rezoning petitions
RECORDING
appropriate record shall be made by the zoning administrator of the
Where a zoning permit or conditional use permit is approved, and
land use and structures permitted.
REVOCATION
violated, the permit shall be revoked by the Plan Commission.
Where the conditions of a zoning permit or conditional use permit are
BOARD OF APPEALS
The city mayor or village president shall appoint a Board of Appeals
under section 62.23(7)(e), Wis. Stats., consisting of five members
subject to confirmation by the municipal governing body. The Board of
Appeals shall adopt rules for the conduct of its business as required
by section 63.23 (7)(e)3., Wis. Stats.
POWERS AND DUTIES
The Board of Appeals:
(1) Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an
administrative official in the enforcement or administration of this
ordinance.
(2) Shall hear and decide applications for conditional use permits.
(3) May authorize upon appeal a variance from the dimensional
demonstrates:
standards of this ordinance where an applicant convincingly
(a) That literal enforcement of the terms of the ordinance will
result in unnecessary hardship for the applicant.
property; and is not self-created or based solely on economic gain or
(b) That the hardship is due to special conditions unique to the
loss ;
(c) That such variance is not contrary to the public interest as
expressed by the purpose of this ordinance and;
(d) That such variance will not grant or increase any use of property
which is prohibited in the zoning district. rn .82 APPEALS TO THE BOARD -
or by an officer, department, board or bureau of the community
Appeals to the Board of Appeals may be taken by any person aggrieved
affected by any order, requirement, decision, or determination of the
zoning administrator or other administrative official. Such appeals
the Board by filing with the official whose decision is in question,
shall be taken within a reasonable time, as provided by the rules of
and with the Board of Appeals, a notice of appeal specifying the
reasons for the appeal. The zoning administrator or other official
papers constituting the record on the matter appealed.
whose decision is in question shall transmit to the Board all the
5.83 PUBLIC HEARINGS
Before making a decision on an appeal or application, the Board of
Appeals shall, within a resonable period of time, hold a public
hearing. The Board shall give public notice of the hearing by
date, time and place of the hearing and the matters to come before the
publishing a class 2 notice under ch. 985, Stats., specifying the
Board. At the public hearing, any party may present testimony in
person, by agent or by attorney.
(2) A copy of such notice shall be mailed to the parties in interest
and the appropriate district office of the Department at least 10 days
prior to all public hearings on issues involving shoreland-wetland
zoning. 0
.5.84 DECISIONS
(1) The final disposition of an appeal for a conditional use permit
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.
(2) A copy of such decision shall be mailed to the parties in
10 days after the decision is issued.
interest and the appropriate district office of the Department within
6.0 AMENDING SHORELAND-WETLAND ZONING REGULATIONS
6.1 The municipal governing body may alter, supplement or change the
district boundaries and the regulations contained in this ordinance in
accordance with the requirments of section 62.23(7)(d)2., Wis. Stats.,
NR 117, Wis. Adm. Code, and the following:
6.11 A copy of each proposed text or map amendment shall be submitted to
the appropriate district office of the Department within 5 days of the
submission of the proposed amendment to the municipal planning agency; e
6.12 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 I1 notice as required by
section 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.
6.13 In order to insure that this ordinance will remain consistent with
the shoreland protection objectives of section 144.26, Wis. Stats.,
the municipal governing body 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:
(1) Storm and flood water storage capacity;
(2) Maintenance of dry season stream flow or the discharge of
groundwater to a wetland, the recharge of groundwater from a wetland
to another area or the flow of groundwater through a wetland;
organic compounds that would otherwise drain into navigable waters; (3) Filtering or storage of sediments, nutrients, heavy metals or
0 (4) Shoreline protection against erosion;
(5) Fish spawning, breeding, nursery or feeding grounds;
(6) Wildlife habitat; or
(7) Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
6.14 Where the district office of the Department determines that a
proposed rezoning may have a significant adverse impact upon any of the
shall so notify the municipality of its determination either prior to
criteria listed in section 6.13, of this ordinance, the Department
or during the public hearing held on the proposed amendment.
6.15 The appropriate district office of the Department shall be provided
with:
(1) A copy of the recommendation and report, if any, of the municipal
planning agency on a proposed text or map amendment, within 10 days
after the submission of those recommendations to the municipal
governing body.
within 10 days after the action is taken.
(2) Written notice of the action on the proposed text or map amendment
6.16 If the Department notifies the municipal planning agency in writing
that a proposed amendment may have a signigicant adverse impact upon
any of the criteria listed in section 6.13, of this ordinance, that
proposed amendment, if approved by the municipal governing body, shall
written notice of the municipal approval was mailed to the Department,
as required by section 6.15(2) of this ordinance. If within the 30
day period, the Department notifies the municipality that the
ordinance for the municipality as provided by sections 62.231(6) and Department intends to adopt a superseding shoreland-wetland zoning
61.351(6), Wis. Stats., the proposed amendment shall not become
effective until the ordinance adoption procedure under section
62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise
terminated.
0 not become effective until more than 30 days have elapsed since
7.0 ENFORCEMENT AND PENALTIES
Any development, building or structure or accessory building or
structure constructed, altered, added to, modified, rebuilt or
date of this ordinance in violation of the provisions of this
replaced or any use or accessory use established after the effective
ordinance, by any person, firm, association, corporation (including
building contractors or their agents) shall be deemed a violation, and
subject to the penalties and enforcement provisions of section 3.09 of
the City of Muskego Zoning Ordinance.
Every violation of this ordinance is a public nuisance and the
Each day of continued violation shall constitute a separate offense.
creation thereof may be enjoined and the maintenance thereof may be
citizen thereof pursuant to section 87.30(2), Wis. Stats.
@ abated by action at suit of the municipality, the state, or any
.O DEFINITIONS
n um
the
hor
All
b 8.2 The
(1)
8.1 For the Purpose of administering and enforcing this ordinance, the
terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future; words in the singular
ber include the plural number; words in the plural number include
singular number. The word "shall" is mandatory, not permissive.
izontally.
distances unless otherwise specified, shall be measured
following terms used in this ordinance mean:
structure or a use which is clearly incidental to, and customarily "Accessory structure or use" means a detached subordinate
found in connection with, the principle structure or use to which it
is related and which is located on the same lot as that of the
principle structure or use.
(2) "Boathouse" as defined in section 3O.121(1), Wis. Stats., means a
permanent structure used for the storage of watercraft and associated
materials and includes all structures which are totally enclosed, have
roofs or walls or any combination of structural parts.
notice under chapter 985, Wis. Stats., in a newspaper or circulation
(3) "Class 2 public notice" means publication of a public hearing
in the affected area. Publication is required on two consecutive 0 weeks, the last at least seven days prior to the hearing..
provided that certain conditions specified in the ordinance are met
(4) "Conditional use" means a use which is permitted by this ordinance
and that a permit is granted by the Plan Commission.
(5) "Departmentt' means the Wisconsin Department of Natural Resources.
(6) "Development" means any man-made change to improved or unimproved
buildings, structures or accessory structures; the construction of
real estate, including, but not limited to, the construction of
additions or substantial alterations to buildings, structures or
ditching, lagooning, dredging, filling, grading, paving, excavation or
accessory structures; the placement of buildings or structures;
materials.
drilling operations; and the deposition or extraction of earthen
(7) "Drainage system" means one or more artificial ditches, tile
drains or similar devices which collect surface runoff or groundwater
and convey it to a point of discharge.
permanent, which is reasonably expected to abate, reduce or aid in the
(8) "Environmental control facility" means any facility, temporary or
prevention, measurement, control or monitoring of noise, air or water
pollutants, including facilities installed principally to supplement
pollutants, solid waste and thermal pollution, radiation or other
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 houseboat" as defined in section 30.121( I), Wis. Stats.,
means a structure not actually used for navigation which extends
retained in place either by cables to the shoreline or by anchors or
beyond the ordinary high-water mark of a navigable waterway and is
spudpoles attached to the bed of the waterway.
( 10) "Navigable waters" means Lake Superior, Lake Michigan, all
natural inland lakes within Wisconsin, and all streams, ponds,
sloughs, flowages and other waters within the territorial limits of
are navigable under the laws of the state. Under sectionl44.26(2)(d),
this state, including the Wisconsin portion of boundary waters, which
Wis. Stats., not withstanding any other provision of law or
administrative rule promulgated thereunder, shoreland ordinances
required under sections 61.351 or 62.221, Wis. Stats., and chapter NR
ditches if;
117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage
(a) Such lands are not adjacent to a natrual navigable stream or
river;
not navigable streams before ditching; and
(b) Those parts of such drainage ditches adjacent to such lands were
(e) Such lands are maintained in nonstructural agricultural
use."Wisconsin's 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 Resources, 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" means 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 characteristic.
(12) "Planning agency" means the municipal plan commission created
under section 62.23(1), Wis. Stats., a board of public land
commissioners or a committee of the municipality's governing body
which acts on matters pertaining to planning and zoning.
(13) "Shorelands" means 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" means the zoning district, created m
0 in this shoreland-wetland zoning ordinance, comprised of shorelands
that are designated as wetlands 3.1 the wetlands inventory maps which
have Seen adopted and made a part of this ordinance.
(15) "Unnecessary hardship" seans that circumstance where special
conditions, which were not self-created, affect a particular property
and sake strict conformity with restrictions governing area, setbacks,
light of the purposes of this ordinance.
frontage height or density unnecessarlly burdensome or unreasonable in
to construct or alter a building or structure in a manner that
(16) "Variance" means an authorization granted by the Board of Appeals
deviates from the dimensional standards of this Ordinance.
(17) "Wetlands" means those areas where water is at, nea-r or above the
and which have soils indtcative or wet conditfons.
land surface long enough to suaport aquatic or hydrophyth vegetation
dredgfng, ditchlng, tiling, excavating, temporary water level
(13) "Wetland alteration" means any filling, floodfng, draining,
stabilization measures or diks and dam construction in a wetland area.
~
f
i
that are designated as wetlands on the wetlands inventory maps which
in this shoreland-wetland zoning ordinance, comprised of shorelands
have been adopted and made a part of this ordinance.
(15) "Unnecessary hardship" means that circumstance where Special
conditions, which were not self-created, affect a particular property
and make strict conformity with restrictions governing area, setbacks,
light of the purposes of this ordinance.
frontage height or density unnecessarily burdensome or unreasonable in
to construct or alter a building or structure in a manner that
(16) "Variance" means an authorization granted by the Board of Appeals
deviates from the dimensional standards of this ordinance.
(17) "Wetlands" means those areas where water is at, near or above the
and which have soils indicative or wet conditions.
land surface long enough to support aquatic or hydrophytic vegetation
(18) "Wetland alteration" means any filling, flooding, draining,
dredging, ditching, tiling, excavating, temporary Water level
stabilization measures or dike and dam construction in a wetland area.
Dates of Class 2 notice publication November 20,1986 and November 27, 1986.
aate of Public Hearing: December 9, 1986
Date of Adoption &$L2, \9%7
Date of Publication /O 1x9
I
Seal of (City/Village) Clerk
4 19 3k
SECTION 2: The several sections of this ordinance are
declared to be severable. If any section or portion thereof
shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable such
decision shall apply only to the specific section or portion
validity of all other provisions, sections, or portions thereof
thereof directly specified in the decision, and not affect the
of the ordinance which shall remain in full force and effect,
Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those
terms that conflict.
SECTION 3: This ordinance shall take effect immediately
upon passage and publication as provided by law.
PASSED AND APPROVED THIS 22nd DAY OF September
1987. -
CITY OF MUSKEG0
- . Salentine, Mayor
.im
Published by cover ordinance on the 1st day of
October , 1987. -
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE 11561
(As Amended)
AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO TO ADD SECTION 8.175
(SW - SHORELAND-WETLAND DISTRICT)
ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
SECTION 1: Chapter 17, Section 8.175 of the Municipal Code
of the City of Muskego, Wisconsin, is hereby created and made a
Amended).
part of the Municipal Code as adopted by Ordinance 11561 (As
SECTION 2: A copy of said ordinance has been on file in the
office of the City Clerk and open to public inspection for not
less than two weeks prior to the date of this ordinance and said
ordinance is hereby incorporated into the Municipal Code of the
City.
SECTION 3: All ordinances or parts of ordinances
inconsistent with or contravening this ordinance are hereby
repealed.
SECTION 4: This ordinance shall be in effect upon passage
and publication.
PASSED AND APPROVED THIS 22nd DAY OF September , 1987.
d-. ,dki& Wayp’e G. Salentme, Mayor
2/88
jm
Published on the 1st day of October , 1987.
ORDINANCE #561
THE COMMON COUNCIL OF THE CIT MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION 1 :
Code of the City made a part of the Municipa
SECTION 2: A copy id ordinance has been on file in
the office of the City C and open to public inspection for
the City.
SECTION 3:
inconsistent with
repealed.
SECTION 4: This ordinance shall be in effect upon passage
and publication /
PASSED AND DAY OF , 1987.
/ Wayne G. Salentine, Mayor
ATTEST :
Prished on the __ day of , 1 98-.
I FIRST READING - 12/23/86
SECOND READING - 1/13/87
DEFERRED - 1/13/87
RECONSIDERED - 9/8/87 DEFERRED - 9/8/87
ADOPTED - 8/25/87
STATE OF WISCONSIN )
) ss.
.Milwavkee County )
I Offici&-%tice CITY OF MUSKEGO
ORDINANCE # 561
TRICTI THE COMMON COUNCIL OF THE CITY
OF MUSKEGO. WISCONSIN. DO ORDAIN
AS FO1.I.OWS: SECTION 1: Chapter 17. Section~8.175 of
the Municipal Code of the City of Muskego.
Wisconsin. is hereby created and made a
part of the Municipal Code as.adopted by
Ordinance # 561 (As Amended).
been on file in the ofice of the City Clerk and
SECTrON 2: A copy orsaid ordinance has
open to public inspection for not less than
two weelis prior to the date ofthis ordinance
and said ordinance is hereby incorpqrsted
into the Municipal Code of the City.
oidinances inconsistent with or contraven-
SECTION 3: All ordinances or parts of
ing this ordinance are hereby repealed.
SECTION 4: This ordinance shall be in
effect upon passage and publication.
PASSED AND APPROVED THIS 22nd
T)AY OF September, 1987.
AWEST-
/s/ Wayne G. Salenline. Mayor
: Is/ Charlotte Stewart, City Clerk
Published on the 1st day of October, 1987.
k. Wen WW'~ being duly sworn,
doth depose and say that he is an authorized representative of
The .... .M!skeg?.S'.? ..............
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said paper, was published therein on
a newspaper published at. .. M.".?k?8?. .............
(l$T 1 l9sy ..................
.....................
... ... .........
.. ...................
....................
BOOKKEEPER,
Subscribed and sworn to before me this ... b8. . dav
of