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11.06(2)— 11.07(2)
<br /> in the appropriate wetland district if the total nonconforming building was removed or
<br /> contiguous wetland area is two acres or more in destroyed.
<br /> area. (c) Additions to existing legal nonconforming
<br /> (3) Discrepancies. When an apparent buildings are permitted subject to the following
<br /> discrepancy exists between the shoreland or limitations:
<br /> inland-wetland district shown on the official 1. The footprint of the building as
<br /> wetlands inventory maps and actual field constructed may not exceed 150% of the
<br /> conditions at the time the maps were adopted, footprint of the original building;
<br /> the zoning administrator shall contact the 2. No part of the expansion may be closer
<br /> appropriate field office of the department of to the wetland than the existing building; and
<br /> natural resources to determine if the shoreland- 3. The property owner shall bear the
<br /> wetland district as mapped is in error. If the burden of proof as to the size and location of the
<br /> department of natural resources staff concur with existing legal nonconforming building.
<br /> the zoning administrator that a particular area [History: (2) am., (3) renum. as (4), and (5) and (3)
<br /> was incorrectly mapped either as a wetland or a recreated,OA 16, 1991 92, pub.02/18/92;(1)-(5)am.,Sub.
<br /> 2 to OA 21, 1993-94, pub. 09/30/94; (3) rep., Sub. 1 to OA
<br /> non-wetland, the zoning administrator shall have 47, 1993-94, pub. 03/22/95; 11.06 am., OA 7, 2003-04, pub.
<br /> the authority to immediately grant or deny a land 12/03/03; (4)and(5)renum. as(3)and (4),respectively,and
<br /> use permit in accordance with the regulations a new (5) cr., Sub. 1 to OA 15, 2004-05, pub. 06/23/05; (3)
<br /> applicable to the correct zoning district. am.,OA 24,2006-07,pub. 12/29/06,eff.01/01/07.]
<br /> (4) In order to correct wetland mapping errors
<br /> shown on the official zoning map, the zoning 11.07 PERMITTED USES IN THE SHORE-
<br /> administrator shall initiate a shoreland-wetland or LAND-WETLAND AND INLAND-WETLAND
<br /> inland-wetland map amendment within a DISTRICTS. The following uses shall be
<br /> reasonable period of time. allowed, subject to general shoreland and inland
<br /> (5) Setback from wetlands. (a) The zoning regulations in sections 11.01 through
<br /> minimum setback for all buildings and structures 11.05 of this ordinance, the provisions of
<br /> built after June 23, 2005, except buildings and chapters 30, 31 and 33 of the Wisconsin
<br /> structures specifically listed in section 11.07 and Statutes, and the provisions of other state and
<br /> section 11.08, Dane County Code of Ordinances, federal laws, if applicable:
<br /> is seventy-five (75) feet, measured horizontally, (1) Activities and uses which do not require the
<br /> from a shoreland-wetland district or inland- issuance of a zoning permit, said uses must be
<br /> wetland district. carried out without filling, flooding, draining,
<br /> (b) Nothing contained herein shall prevent dredging, ditching, tiling or excavating:
<br /> the alteration, restoration, repair, or replacement, (a) Hiking, fishing, trapping, hunting, swimming
<br /> structural or otherwise, of any existing legal and boating;
<br /> nonconforming building; however, alterations, (b) The harvesting of wild crops, such as marsh
<br /> restorations or repairs must be completed within hay, ferns, moss, wild rice, berries, tree fruits and
<br /> the existing building footprint, and are further tree seeds, in a manner that is not injurious to
<br /> subject to the following: the natural reproduction of such crops;
<br /> 1. An existing legal nonconforming building (c) The practice of silviculture, including the
<br /> shall be considered abandoned and nonexistent planting, thinning and harvesting of timber;
<br /> if a zoning permit for its replacement is not (d) The pasturing of livestock;
<br /> obtained within sixty (60) days of the date of its (e) The cultivation of agricultural crops; and
<br /> removal or destruction; (f) The construction and maintenance of duck
<br /> 2. An existing legal nonconforming building blinds.
<br /> shall be considered abandoned and nonexistent (2) Uses which do not require the issuance of a
<br /> if construction has not commenced within one (1) zoning permit and which may involve filling,
<br /> year of its removal or destruction; flooding, draining, dredging, ditching, tiling or
<br /> 3. The property owner shall bear the excavating to the extent specifically provided
<br /> burden of proof as to the size and location of the below:
<br /> existing legal nonconforming building (a) Temporary water level stabilization
<br /> immediately preceding its removal or destruction; measures, in the practice of silviculture, which
<br /> and are necessary to alleviate abnormally wet or dry
<br /> 4. The property owner shall bear the conditions that would have an adverse impact on
<br /> burden of proof as to when an existing legal the conduct of silvicultural activities if not
<br /> corrected;
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