§ 12-42. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access and viewing corridor means a strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone.

Building envelope means the three dimensional space within which a structure is built.

Department means the state department of natural resources.

Existing development pattern means that principal structures exist within 250 feet of a proposed principal structure in both directions along the shoreline.

Floodplain means the land that has been or may be hereafter covered by floodwater during the regional flood. The term "floodplain" includes the floodway and the flood fringe as those terms are defined in Wis. Admin. Code ch. NR 116. Within the village, floodplain areas are as shown in the floodplain map available in the office of the village clerk.

Impervious surface.

(1)

The term "impervious surface" means an area that releases as runoff all or a majority of the precipitation that falls on it.

(2)

The term "impervious surface" excludes frozen soil but includes rooftops, sidewalks, driveways, parking lots and streets, unless specifically designed, constructed and maintained to be pervious.

Navigable waters.

(1)

The term "navigable waters" means all natural inland lakes and all streams, ponds, sloughs, flowages and other waters within the village that are navigable under state law.

(2)

The term "navigable waters," pursuant to Wis. Stats. § 281.31, does not include lands adjacent to farm drainage ditches if those lands are not adjacent to a natural navigable stream or river, were non-navigable streams before ditching or had no previous stream history, or are maintained in nonstructural agricultural use.

Ordinary high-water mark (OHWM) 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. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain the location of the point of ordinary high-water mark, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high-water mark.

Permanent structure means a structure that is built on a permanent foundation and of such material and in such manner that it would commonly be expected to last and remain useful for a substantial period of time.

Principal structure means the main permanent structure on a lot, intended for primary use as permitted by the regulations of the district in which it is located, provided that the building can fully function on its own with no obvious secondary or dependent relationship to another building.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in this state and that may be expected to occur on a particular stream because of like physical characteristics once every 100 years.

Routine maintenance of vegetation means normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance.

Shoreland-wetland zoning district means a zoning district created by ordinance that is comprised of shorelands that are designated as wetlands on the state wetland inventory maps prepared by the state department of natural resources.

Shorelands means lands within the following distances, whichever distance is greater, from the ordinary high-water mark of navigable waters:

(1)

1,000 feet from a lake, pond or flowage; and

(2)

300 feet from a river or stream or to the landward side of the floodplain.

Special exception or conditional use means a use that is permitted by shoreland zoning regulations, provided that certain conditions specified in the ordinance are met and that a permit is granted by the village board or its designee.

Temporary structure means any shed, structure, building, trailer, tent or enclosure of any kind that is not constructed on a permanent foundation, regardless of whether used for storage, commercial or residential purposes.

Unnecessary hardship means that circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the zoning regulations.

Wetlands means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions.

(Ord. No. 2013-06-11-002, § 1 (12-42))