the official website of the village

Chapter 7 Section 3

SECTION      7.0300       ZONING DISTRICTS

7.0301    ESTABLISHMENT OF ZONING DISTRICTS

A. For the purpose of this Ordinance the Village of River Hills is hereby divided into the following 5 basic zoning districts:

R-1      Residential District

R-2      Residential District

R-3      Residential District

SW      Shoreland-Wetland District

NSW   Nonshoreland-Wetland District

Provisions are also set forth for floodland regulations.

B. Boundaries of these districts are hereby established as shown on the map titled “Zoning Map–Village of River Hills, Milwaukee County, Wisconsin,” dated August 4, 1958, as amended, which accompanies and is herein made a part of this Ordinance. All notations and references shown on the zoning map are as much a part of this Ordinance as though specifically described herein.  This Ordinance hereby incorporates herein any future changes or any later zoning maps that may be adopted by ordinance of the Village Board.

C. The District Boundaries in the R-1, R-2, and R-3 Districts shall be construed to follow: corporate limits; U. S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended. District boundaries in the SW and NSW Districts shall be as described in Subsection 7.0307.C.

D. Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

7.0302    ZONING MAP

A. A certified copy of the zoning map shall be kept in the office of the Village Clerk and shall be available for inspection by any interested person during regular office hours. Such certified copy shall bear on its face the certification that it is a true copy of the zoning map described in and accompanying this ordinance.  Such certificate shall show the date of adoption of this ordinance and shall be signed by the Village President and attested by the Village Clerk.  Thereafter no amendment which affects a change in the boundaries of any district, or establishes any new district or districts, shall become effective until such changes or new boundaries shall have been indicated by the appropriate convention on the aforesaid certified copy of the zoning map and described in a certificate placed thereon or attached thereto.  Such additional certificate shall also bear the number and date of adoption of the amending ordinance and shall likewise be signed by the Village President and attested by the Village Clerk.

B. Determination of Boundaries

1. Subdivided Areas. Where land has been subdivided into lots and blocks, unless otherwise indicated, the district boundary lines are intended to follow the center lines of streets, boulevards, highways, or such lines extended.  Boundary lines within blocks are intended to follow lot lines.

2.Unsubdivided Areas. In unsubdivided land, unless otherwise indicated, district boundary lines are intended to follow the centerlines of streets, highways, section lines, and other quarter section lines, or such lines extended. Whenever a portion of any district is indicated upon the zoning map as a strip paralleling an opened or unopened street or highway, where the above definition does not apply, the width of this strip, unless otherwise indicated, shall be determined by use of the scale shown on such zoning map.

3.District Boundary Lines to be Resolved by Village Board. Questions concerning the exact location of district boundary lines, which cannot be resolved by the application of subsections 1 and 2 above, shall be determined by the Village Board.

7.0303   R-1 RESIDENTIAL DISTRICT

A. Principal Uses:

1.Single-family dwellings and buildings accessory thereto.

2.Community living arrangements having a capacity of 8 or fewer, as may be required by state statutes.

3.Foster homes and treatment foster homes having no more than 4 foster children, as may be required by state statutes.

4.Adult family homes having a capacity of no more than 4 persons, as may be required by state statutes.

B. Accessory Uses:

Accessory uses may be permitted as set forth in Section 7.0504.

C. Special Uses:

        Special uses may be permitted as set forth in Section 7.0804.

D. Lot Area:

Lots shall have a minimum area of 5 acres.

E. Setbacks:

1.Front yard: 100 feet from lot line, except as permitted in Section 7.0503.

2.Side yard:   75 feet.

3.Rear yard:   75 feet.

7.0304   R-2 RESIDENTIAL DISTRICT

A. Principal Uses:

1.Single-family dwellings and buildings accessory thereto.

2.Community living arrangements having a capacity of 8 or fewer, as may be required by state statutes.

3. Foster homes and treatment foster homes having no more than 4 foster children, as may be required by state statutes.

4.Adult family homes having a capacity of no more than 4 persons, as may be required by state statutes.

B. Accessory Uses:

Accessory uses may be permitted as set forth in Section 7.0504.

C. Special Uses:

Special uses may be permitted as set forth in Section 7.0804.

D. Lot Area:

Lots shall have a minimum area of 2 acres.

E. Setbacks:

1.Front yard: 100 feet from lot line, except as permitted in Section 7.0503.

2.Side yard:   50 feet.

3.Rear yard:   50 feet.

7.0305   R-3 RESIDENTIAL DISTRICT

A. Principal Uses:

1.Single-family dwellings and buildings accessory thereto.

2.Community living arrangements having a capacity of 8 or fewer, as may be required by state statutes.

3.Foster homes and treatment foster homes having no more than 4 foster children, as may be required by state statutes.

4.Adult family homes having a capacity of no more than 4 persons, as may be required by state statutes.

B. Accessory Uses:

Accessory uses may be permitted as set forth in Section 7.0504.

C. Special Uses:

         Special uses may be permitted as set forth in Section 7.0804.

D. Lot Area:

Lots shall have a minimum area of 1 acre.

E. Setbacks:

1.Front yard: 100 feet from lot line, except as permitted in Section 7.0503.

2.Side yard:   30 feet.

3.Rear yard:   30 feet.

7.0306    FLOODLAND REGULATIONS

 A. Purpose. To promote the public health, safety and general welfare, to prevent and control erosion, sedimentation, and other pollution of the surface and sub-surface waters, to further the maintenance of safe and healthful water conditions, to prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects, and to further the implementation of the Village Master Plan for the preservation of the character of the Village of River Hills, these additional restrictions are hereby adopted.

B. Floodland Regulations. The following restrictions and regulations upon the use of lands are hereby adopted in addition to all other applicable use or site regulations established by this Ordinance, as follows:

1.Within the Floodplains. Dumping, filling, onsite sewerage disposal facilities, and buildings designed for human habitation are prohibited.

2.Within the Floodways. In addition to the prohibitions within the floodplain, all structures are prohibited within the floodways except navigational structures, public water measuring and control facilities, bridges and utilities.

3.Within the Channels. In addition to the restrictions applicable within the flood plains and within the floodways, the erection of all structures within the channel shall require a permit from the state agency having jurisdiction pursuant to Section 30.12(2) of the Wisconsin Statutes.  All bulkheads, wharves and piers shall comply with bulkhead or pierhead lines established by the Village pursuant to the applicable state statutes.

4.Dam Construction. The construction, operation, maintenance and/or abandonment of dams shall require a review, public hearing and approval by the Village Board and the issuance of a special use permit in accordance with the provisions of this Ordinance.  The Village Board shall advise the state agency having jurisdiction under the applicable state statutes of its findings prior to the issuance of the required state permits.

5.Other Structures. All other structures and improvements not prohibited by the foregoing provisions of this section and otherwise authorized by this Ordinance shall require review, public hearing, approval by the Village Board, and the issuance of a special use permit in accordance with the provisions of this Ordinance.

6.Alterations or relocations of existing watercourses shall not be approved without review, public hearing and approval of the Village Board. Notice of such alterations or relocations shall be given to adjacent municipalities in or through which such watercourse flows, to the Wisconsin Department of Natural Resources, and the Federal Emergency Management Agency, prior to approval by the Village Board.  No approval of such alteration or relocation of a watercourse shall be given unless the flood carrying capacity within the altered or relocated portion of the watercourse is maintained.

C. Special Use Permits.

1.Applications for floodplain uses not prohibited by this Ordinance shall be submitted in duplicate to the Village Clerk on forms furnished by the Clerk and shall be accompanied by a filing fee in the sum of Fifty Dollars ($50.00).

2.Applicants for floodplain uses shall show that such uses or improvements will not impede drainage, will not substantially reduce the flood water storage capacity of the floodplain, shall not cause ponding and will not significantly raise flood water elevations, based on the assumption that there will be an “equal degree of encroachment” extending for a significant “reach” on both sides of the stream. Such uses shall not involve the storage of materials that are buoyant, flammable, explosive, or injurious to human, animal, or plant life. All structures shall be flood-proofed and have their electrical and other vital utility facilities constructed at an elevation of not less than 2 feet above the level of the 100-year recurrence interval flood.

3.Applicants for floodway uses not prohibited by this Ordinance shall show that such use or improvement will not obstruct the floodway, increase floodflow velocities, increase or decrease the floodstage, or retard the movement of flood waters. All structures shall be flood-proofed and constructed so as not to catch or collect debris nor be damaged by floodwaters.  When flood proofing is required under this section, the applicant shall submit a plan or document certified by a registered professional engineer that the flood-proofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood level for the location of the existing or proposed building or structure.

D. Map. The areas of the Village identified as having flood hazards, and to which the provisions of this ordinance apply, are hereby established as shown in the Flood Insurance Study and Flood Insurance Rate Map for the Village dated April 15, 1980, prepared by the Federal Emergency Management Agency, Federal Insurance Administration, and said study and map and all notations, references and other information thereon are hereby made a part of this ordinance, designated as the “floodplain zoning study and map of the Village of River Hills”, and said study and map shall be as much a part of this ordinance as though the matters and information set forth thereon were fully described herein.

1.Amendment of Floodplain Zoning Maps of the Village of River Hills. The Floodplain Zoning Maps of the Village of River Hills are hereby amended so as to reflect the ‘floodplains’ and the ‘floodway’ of the Milwaukee River at the point whereat the Milwaukee River abuts the property located at 8365 North Range Line Road in the Village of River Hills, as set forth on the map which accompanies and is made a part of this ordinance; said map and all notations, references and other information thereon shall be as much a part of this ordinance as though the matters and information thereon were fully described herein.

2.Amendment of Floodplain Zoning Map. The floodplain zoning map of the Village of River Hills is hereby amended so as to reflect the “floodland boundaries in Kay Acres Addition No. 1 Subdivision in the Village of River Hills”, as set forth on the map which accompanies and is made a part of this ordinance; said map and all notations, references and other information thereon shall be as much a part of this ordinance as though the matters and information thereon were fully described herein.

3.Amendment of Floodplain Zoning Map.  The floodplain zoning map of the Village of River Hills is hereby amended so as to revise the floodplain boundaries at the location where the property located at 2505 West Dean Road abuts the Milwaukee River in the Village of River Hills, as set forth on the map which accompanies and is made a part of this ordinance; said map and all notations, references and other information thereon shall be as much a part of this ordinance as though the matters and information thereon were fully described herein.

4.Amendment of Floodplain Zoning Map.  The Floodplain Zoning Map of the           Village of River Hills is hereby amended so as to revise the floodplain boundaries   at the location where the property located at 2745 West Dean Road abuts the         Milwaukee River in the Village of River Hills, as set forth on the map which           accompanies and is made a part of this ordinance; said map and all notations,          references and other information thereon shall be as much a part of this ordinance   as though the matters and information thereon were fully described herein.  (Ord.   463, 10/19/99, effective 06/06/02)

E. Review of Floodland Uses. The Village Board shall request a review of each proposed floodland use by the Wisconsin Department of Natural Resources and shall await the recommendation of said Department before taking final action, but not to exceed 60 days.  The Village Clerk shall forward to the Department of Natural Resources a copy of each decision of the Village Board upon all requests for special use permits for use of floodlands, all within 10 days after the rendering of each such decision.  The Village Clerk shall also forward to the said Department, copies of all decisions of the Village Board of Appeals granting or denying a request for a variance to the floodland regulations of this Ordinance, all within 10 days of the rendering of such decision.

F. Amendment to Floodland Boundaries. Whenever it is proposed to amend floodland boundaries for the purpose of creating a more useable and functional parcel of land, the Village Board shall first determine and establish the following:

1.That amending the floodland boundary will not permit obstructions to be placed in the floodway or permit uses that will increase floodflow velocities, increase or decrease the floodstage, or retard the movement of waters based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the river.

2.The revised floodland boundary lines shall provide for sufficient additional area to create, by excavation, floodwater storage, as well as conveyance capacity equal to that which will be lost by the filling of the areas removed from floodlands based on the assumption that all lands removed will be filled to an elevation equal to the elevation of the 100-year recurrence interval flood. All lands removed from the floodplain limits must be filled to an elevation 2 feet above the 100-year recurrence interval flood (regional flood) and be contiguous to other lands lying outside the floodplain for a significant reach of the stream.

3.The excavation in the additional areas included within the floodlands as a result of such amendment shall take place prior to or simultaneously with the filling of the lands removed from such floodlands.

4.The structures placed on lands removed from the floodlands shall be constructed with the first floor elevation at least 2 feet above the elevation of the 100-year recurrence interval flood.

5.The excavated earth material, if suitable for reuse in the area to be filled, shall be so used and, if not suitable or if insufficient in quantity for the fill required, the applicant may be permitted to utilize suitable fill obtained from land other than that which is being excavated.

6.All proposed amendments to the floodland boundaries shall be referred to the Village Plan Commission for its review and report, and copies of all such proposed amendments shall be forwarded to the main office and appropriate district offices of the Wisconsin Department of Natural Resources, and the Federal Emergency Management Agency, together with the Notice of Hearing thereon. The amendment procedure shall comply with the existing state law. No amendment shall become effective until approved by the Department of Natural Resources, and the Federal Emergency Management Agency.

G. Existing Uses. The actual legal existing use of any buildings, structures and lands, at the time of the adoption of this ordinance, may be continued, and buildings and structures in actual existence may be structurally altered, repaired or enlarged, subject to all other applicable ordinances of the Village and subject to the following additional conditions.

1.Repairs and alterations under the provisions of this Ordinance to buildings and structures located on floodlands shall include floodproofing to 2 feet above the elevation of the 100-year recurrence interval flood. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood level for the location of the existing building or structure.

2.Other floodproofing measures may include:

A.Installation of watertight doors, bulkheads and shutters:

B.Reinforcement of walls and floors to resist pressures;

C.Use of paints, membranes or mortars to reduce seepage of water through walls;

D.Addition of mass or weight to structures to prevent flotation;

E.Placement of essential utilities above the flood protection elevation;

F.Pumping facilities and/or subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures and to lower water levels in structures;

G.Construction of water supply and waste treatment systems to prevent the entrance of flood waters;

H.Construction to resist rupture or collapse caused by water pressure or floating debris; and

I.Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

3.Subdivisions.

A. All new subdivision proposals and other proposed new developments greater than 50 lots or 5 acres, whichever is less, shall include base flood elevation data.

B. All new subdivision proposals shall comply in all respects with all of the provisions of this ordinance and in particular Subsections 7.0306.C.2 and 3.

H. Administration.

1.The Building Inspector is hereby directed to administer the provisions of this ordinance, and he shall exercise the following duties and have the following powers:

A. Issue permits and inspect properties for compliance with this Ordinance and issue Certificates of Compliance when appropriate.

B. Keep the official records of nonconforming uses and changes thereto, permit applications, permits, appeals, variances and amendments related to the floodplain zoning ordinances.

C. Submit copies of any required data, variances, amendments, case-by-case analysis, annual reports, and any other required information to the Department of Natural Resources. An annual summary showing only the number and types of zoning actions taken by the Village shall be submitted to that Department.

D. Investigate, prepare reports and report violations of the floodplain zoning ordinance to the Village with copies to the appropriate district office of the Department of Natural Resources.

E. Submit copies of map and text amendments and annual reports to the Federal Insurance Administration of the Department of Housing and Urban Development.

F. Maintain on file a list of all documentations of certified elevations.

G. All requests for an amendment to floodland boundaries shall be accompanied by a deposit in the sum of Five Hundred Dollars ($500.00) to cover the actual expenses incurred by the Village in processing such requests. Any excess of said deposit over such expenses shall be refunded and all expenses incurred by the Village in excess of such deposit shall be paid by the petitioner.

2. Administrative Procedures.

A. Land Use Permit: A land use permit shall be obtained from the Building Inspector before any new land use, change in use, or development subject to the provisions of the Floodland Regulations, may be initiated.  An application for a land use permit shall be made to the Building Inspector upon forms furnished and shall include the following data:

(1)     Name and address of the applicant and property owner.

(2)     Legal description of the property and type of proposed use.

(3)     A sketch showing the dimensions of the lot and locations of buildings from lot lines, center line of abutting highways and high watermark of any abutting watercourse.

(4)     All information concerning any private water or onsite sewage disposal system to be installed, including a sketch showing surveyed location of wells, streams, buildings, and septic tank systems within 100 feet of a proposed sewage disposal site.

B. Certificate of Compliance.

(1)     No development in the floodplain shall take place, no vacant land in the floodplain shall be occupied or used and no building hereafter erected, altered or moved in the floodplain, shall be occupied until the applicant submits to the Building Inspector a certification by a registered professional engineer or architect that the finished fill and building floor elevations and other floodplain regulatory factors were accomplished in compliance with the appropriate floodplain zoning regulations.  Such certification shall be submitted with all new construction and substantial improvements.

(2)     Upon written request from an owner, the Building Inspector shall issue a Certificate of Compliance for any building or premises existing at the time of the adoption of the floodland zoning regulations for the Village certifying, after inspection, the extent and type of use made of the building or premises, and whether or not such use is authorized.

C. Other Permits. It is the responsibility of the applicant to secure all other necessary permits from all appropriate state or federal agencies.

I. Non-Liability of Village.

 The Village does not guarantee, warrant or represent that only those areas designated by this Ordinance as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village, its officers, agents, or employees for any flood damage, sanitation problems, or structural damages that may occur as a result of reliance upon conformance with this ordinance.

J. Penalty.

 Any person violating any of the provisions of the Floodland Regulations shall, upon conviction, forfeit not less than Twenty Five Dollars ($25.00), not more than Five Hundred Dollars ($500.00), together with the costs of the action; and in default of payment thereof, shall be imprisoned in the County Jail or the House of Correction of Milwaukee County until said forfeiture and costs, together with subsequent costs, are paid, but in no event to exceed 30 days.

7.0307    SW SHORELAND-WETLAND AND NSW NONSHORELAND-WETLAND DISTRICTS

A. Purpose.

Due to the fact that the uncontrolled use of shoreland- and nonshoreland-wetlands and the pollution of the navigable waters of the Village of River Hills would adversely affect the public health, safety, convenience, and general welfare and impair the tax base of the Village, it is the purpose of this ordinance, in compliance with the legislative delegated responsibility, 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 filter and store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable water;

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 wetland areas; and

6. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling wetland excavation, filling and other earth moving activities.

B. Wetland Zoning Districts Established.

1.District Boundaries; Map. There are hereby established wetland zoning districts for the Village of River Hills which are the Shoreland-Wetland Zoning District and the Nonshoreland-Wetland Zoning District.  Both districts are based on information shown on the Wisconsin Wetland Inventory Map for the Village of River Hills, dated January 30, 1987, and stamped “Final.”

2. The boundaries of the Shoreland-Wetland District include all wetlands, 5 acres or greater in area shown on the Wisconsin Wetland Inventory Map which are:

A. Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds, or flowages. Lakes, ponds, and flowages shall be presumed to be navigable if they are shown 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.

B. Within 300 feet of the ordinary high watermark 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 Subsection 7.0306.D shall be used to determine the extent of floodplain areas.

3. The boundaries of the Nonshoreland-Wetland District include all wetlands shown on the Wisconsin Wetland Inventory Map which are not delineated as shoreland-wetlands above, and all wetlands within the aforedescribed shoreland that are greater than 2 but less than 5 acres in area, important drainage channels identified and numbered 1 through 12 on the Map attached to and made a part of this Ordinance, and all other wetlands greater than 2 acres in area.

C. Wetland Regulations.

 Uses permitted in both the Shoreland Wetland Zoning District and the Nonshoreland-Wetland District.  Subject to the use regulations of this Ordinance, the following are permitted incidental uses within the shoreland-wetland district and the nonshoreland-wetland district within the Village of River Hills:

1.Activities and uses which do not require the issuance of a zoning permit:

A. Hiking, fishing, swimming, and boating.

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:

A. The maintenance and repair of existing drainage systems to restore pre-development levels of drainage, including the minimum amount of 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;

B. The construction and maintenance of piers, docks, walkways, observation decks and trail bridges, built on pilings, including limited excavation and filling necessary for such construction and maintenance;

C. The installation and maintenance of sealed tiles for the purpose of draining lands outside the wetland zoning districts provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Subsections 7.0307.A.2, A.3, and A.4 of this Ordinance; and

D. The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavation and filling necessary for such maintenance, repair, replacement or reconstruction.

3. Uses not otherwise prohibited by this Ordinance in both the Shoreland-Wetland District and the Nonshoreland-Wetland District upon the issuance of a special exception by the Board of Appeals pursuant to Subsection 7.1004.B.3 of this Ordinance, which uses may include wetland alteration only to the extent specifically provided below are as follows.

A. The construction and maintenance of roads which are necessary for the continuity of the Village street system, the provision of essential utility and public safety services or to provide access to permitted open space uses in wetland incidental uses, provided that:

(1)     The road cannot, as a practical matter, be located outside the wetland;

(2)     The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Subsections 7.0307.A.2, A.3, and A.4 of this Ordinance.

(3)     The road is designed and constructed with the minimum cross-section practical to serve the intended use;

(4)     Road construction activities are carried out in the immediate area of the road bed only; and

(5)     Any wetland alteration must be necessary for the construction or maintenance of the road.

B. The construction and maintenance of non-residential buildings provided that:

(1)     The building is used solely in conjunction with a use permitted in the wetland districts or for the raising of water fowl, minnows, or other wetland or aquatic animals;

(2)     The building cannot, as a practical matter, be located outside of the wetland;

(3)     The building is not designed for human habitation and does not exceed 500 square feet in floor area; and

(4)     Only limited filling or excavating necessary to provide structural support for the building is allowed.

C. The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities provided that:

(1)     The utility transmission and distribution facilities cannot, as a practical matter, be located outside the wetland;

(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 Subsection 7.0307.A.2, A.3, and A.4 of this Ordinance.

D. Uses Subject to State Laws and Village Ordinances.

1.All incidental uses permitted by this Ordinance are subject to the provisions of Chapters 30 and 31 of the Wisconsin Statutes as well as all applicable ordinances of the Village. In addition, projects proposed in wetland areas may require a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act, or a water quality certification pursuant to Chapter NR 103 of the Wisconsin Administrative Code.

2. 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.

E. Uses Prohibited.

Any use not specifically listed as a permitted use in the wetland districts is prohibited.

F. Nonconforming Structures and Uses.

1.Notwithstanding any other provisions hereof, this ordinance shall not have the effect of prohibiting the repair, reconstruction, renovating, remodeling, or expansion of any legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, in the Shoreland-Wetland District or the Nonshoreland-Wetland District, which was in existence on the date this ordinance becomes effective.

2. Any legal nonconforming use of property which does not involve the use of a structure which was in existence on the date this ordinance became effective may be continued although such use does not conform with the provisions of this ordinance. Any such nonconforming use may not be extended.

3. If a nonconforming use of property or the use of a nonconforming structure is discontinued for a period of 12 consecutive months, any future use of the property or structure shall conform with the provisions of this ordinance.

G. Special Exception Permits

 Any use listed as a special exception use in this ordinance shall be permitted only after an application has been submitted accompanied by wetlands assessment study and report prepared by a person qualified to conduct such studies, setting forth that such proposal does not adversely affect the wetlands or any drainage, and a special exception use permit has been granted by the Board of Appeals.  The provisions of Section 7.1000 shall be applicable to all proceedings before the Board of Appeals regarding properties in the Shoreland-Wetland District and the Nonshoreland Wetland District.

1.The Board shall give public notice of the hearing by publishing a Class 2 notice under Chapter 985 of the Wisconsin Statutes, specifying the date, time, and place of the hearing, and a summary of the subject matter to be heard by the Board. Copies of such notice of hearing shall also be mailed to all parties in interest by first class mail and to the appropriate district office of the Wisconsin Department of Natural Resources at least 10 days prior to the public hearing.

2.Upon consideration of the special exception application and the standards applicable to the permitted uses set forth in Section 7.0307.C.3 of this Ordinance, the Board of Appeals shall attach such conditions to a special exception permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purposes of this ordinance. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operations; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.  To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance.

3.A copy of the decision of the Board of Appeals shall be mailed to the parties in interest and to the appropriate district office of the Wisconsin Department of Natural Resources at least 10 days after the filing of the decision.

H. Administration

The Building Inspector is hereby directed to administer the provisions of this Ordinance and, in doing so, shall exercise the duties and have the powers set forth in detail in Subsection 7.0306.H of this Ordinance.

I. Amending Shoreland-Wetland Zoning Regulations

1.The Village Board may amend or repeal the shoreland-wetland district boundaries and the regulations contained in this Ordinance in accordance with the provisions of Section 7.1100 of this Ordinance.

2.A copy of each proposed change in this ordinance shall be submitted to the district office of the Wisconsin Department of Natural Resources within 5 days after the submission of the proposed changes to the Village Plan Commission.

3.All proposed changes to the shoreland-wetland regulations or map shall be referred to the Village Plan Commission for its review and report to the Village Board. No such changes shall be made in this ordinance unless a public hearing is held before the Village Board and notice thereof given as provided in Section 7.1200 of this Ordinance.  Written notice of the public hearing shall be provided to the district office of the Wisconsin Department of Natural Resources at least 10 days prior to the date of hearing.

4.In order to insure that this ordinance will remain consistent with the shoreland protection objectives of Section 281.31 of the Wisconsin Statutes, the Village 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:

A. Storm or floodwater storage capacity;

B. Maintenance of dry season streamflow or the discharge of groundwater from the 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 soil erosion

E. Fish spawning, breeding, nursery or feeding grounds;

F. Wildlife habitat; and

G. Areas of special recreational, scenic or scientific interest, including scarce wetland types of habitat or endangered species.

5. Where the district office of the Wisconsin Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection 4 above, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.

6. The district office of the Wisconsin Department of Natural Resources shall be provided with a copy of the recommendation and report, if any, of the Village Plan Commission on a proposed text or map amendment, within 10 days after the submission of those recommendations to the Village Board, and 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 Village Board in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection 4 above, the proposed amendment, if approved by the Village Board, shall not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department of Natural Resources. If within the said 30 day period, the Department of Natural Resources notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland ordinance for the Village as provided in Section 61.351(6) of the Wisconsin Statutes, the proposed amendment shall not become effective until the ordinance adoption procedure of the Department under Section 61.351(6) of the Wisconsin Statutes is completed or otherwise terminated.

J. Amending Nonshoreland-Wetland Zoning Regulations.

1.The Village Board may amend or repeal the nonshoreland-wetland district boundaries and the regulations contained in this Ordinance in accordance with the provisions of Section 7.1100 of this Ordinance.

2.In addition to amendment of nonshoreland-wetland district boundaries under this subsection, land owners and developers may need to secure a wetland fill permit pursuant to Section 404 of the Federal Water Pollution Control Act, or a water quality certification pursuant to Chapter NR 103 of the Wisconsin Administrative Code.

K. Wetland Disputes.

Whenever the Board of Appeals is asked to interpret a shoreland-wetland district boundary or a nonshoreland wetland boundary where an apparent discrepancy exists between the Village’s Final Wetland Inventory Map and actual field conditions, the Village shall contact the Wisconsin Department of Natural Resources (DNR) to determine if the wetland inventory map is in error.  If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the Board of Appeals shall direct the Village Plan Commission to initiate appropriate action to rezone the property within a reasonable amount of time.

L. Non-Liability of the Village.

The Village does not guarantee, warrant or represent that only those areas designated as parts of the shoreland-wetland district or the nonshoreland-wetland district are in fact the only wetlands within the Village and hereby asserts that there is no liability on the part of the Village, its officers, agents, or employees for any damages, of any nature, which may occur as a result of reliance upon this ordinance.

Phone: (414) 352-8213
River Hills, WI 53217
7650 N. Pheasant Lane