§ 13-2-41. Definitions.

(a)

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; 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.

(b)

The following terms used in this chapter mean:

(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 section 30.121(1), Wis. Stats. [Wis. Stats. § 30.121(1)], 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 chapter 985, Wis. Stats. [Wis. Stats. ch. 985], in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.

(4)

Conditional use. A use which is permitted by this chapter provided that certain conditions specified in the ordinance are met and that a permit is granted by the board of appeals or, where appropriate, the planning agency designated by the municipal governing body.

(5)

Department. The Wisconsin Department of Natural Resources.

(6)

Development. Any man-made 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.

(7)

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.

(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 section 30.121(1), Wis. Stats. [Wis. Stats. § 30.121(1)], a structure not actually used for navigation which extends beyond the ordinary highwater 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 section 144.26(2)(d), Wis. Stats. [Wis. Stats. § 144.26(2)(d)], notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under sections 62.351 and 62.221, Wis. Stats. [Wis. Stats. §§ 62.351 and 62.221], and chapter NR 117, Wis. Adm. Code [Wis. Admin. Code ch. 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; and

c.

Such lands are maintained in nonstructural agricultural use.

(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 so 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 plan commission created under section 62.23(1), Wis. Stats [Wis. Stats. § 62.23(1)].

(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 chapter as described in section 13-2-11 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 the restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purpose of this chapter.

(16)

Variance. An authorization granted by the board of appeals to construct, alter or use 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.

(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.

(Code 1990, § 13-2-41)