§ 24.03. DEFINITIONS.

For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows. Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.

(1)

ACCESSORY STRUCTURE OR USE. A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

(2)

BOATHOUSE. As defined in §30.121(1), Wis. Stats., 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.

(3)

CLASS 2 PUBLIC NOTICE. Publication of a public hearing notice under Ch. 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on 2 consecutive weeks, the last at least 7 days prior to the hearing.

(4)

CONDITIONAL USE. A use which is permitted by this chapter provided that certain conditions specified in this chapter are met and that a permit is granted by the Board of Zoning Appeals or, where appropriate, the Plan Commission.

(5)

DEPARTMENT. The Wisconsin Department of Natural Resources.

(6)

DEVELOPMENT. (Am. Ord. #23-07) Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials. "Vertical development" is any development that includes and/or results in the construction, installation, or creation of any building, structure or change of grade that exceeds 3 feet in height above the previously existing grade elevation. "Horizontal development" is any development that is deemed to not be "vertical development".

(7)

DRAINAGE SYSTEM. One or more artificial ditches, tile drains or similar devices which collect surface runoff or ground water 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 HOUSEBOAT. As defined in §30.121(1), Wis. Stats., a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

(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 §144.26(2)(d), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under §61.351 or 62.231, Wis. Stats., and Wis. Adm. Code NR 117 do not apply to lands adjacent to farm drainage ditches if:

(a)

Such lands are not adjacent to a natural navigable stream or river.

(b)

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

(c)

Such lands are maintained in nonstructural agricultural use.

The 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 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. 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)

PLAN COMMISSION. The Village Plan Commission created under §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 code, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this chapter.

(15)

UNNECESSARY HARDSHIP. That circumstance where special conditions, which were 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 purposes of this chapter.

(16)

VARIANCE. An authorization granted by the Board of Zoning Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this chapter.

(17)

WETLANDS. Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

(17a)

WETLAND, ARTIFICIAL. (Cr. Ord. #16-11) A landscape feature where hydrophytic vegetation may be present as a result of human modifications to the landscape or hydrology and for which there is no prior wetland or stream history.

(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.