[Added 6-9-2014 by Ord.
No. 617]
A.
Applicability. The Shoreland Zoning District regulations do not apply
to the lands lying within the corporate boundaries of the Village
of Waterford as it existed on May 7, 1982. The remainder of the Village
is subject to the shoreland regulations set forth in this chapter,
including lands annexed after the date of the adoption of these provisions.
B.
District boundaries. See Appendix A to this chapter.[1] The Shoreland District areas regulated by this chapter
include all the lands (referred to herein as shorelands) in the Village
of Waterford which are not located in the area of land legally described
as the Corporate Limits of the Village of Waterford as the Village
existed on May 7, 1982 (by reference, the complete legal description
of the boundaries on that date may be found in the Annexation and
Plat Map and Corporate Limits filed with the Secretary of State on
January 23, 1984), and are:
(1)
Within 1,000 feet of the ordinary high watermark of navigable
lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed
to be navigable if they are listed in the Wisconsin Department of
Natural Resources Surface Water Data viewer available on the DNR website,
or are shown on United States Geological Survey quadrangle maps or
other zoning base maps; or
(2)
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 continuous waterways or intermittent waterways
on United States Geological Survey quadrangle maps. Flood hazard boundary
maps, flood insurance rate maps, flood boundary-floodway maps, county
soil survey maps or other existing county floodplain zoning maps shall
be used to delineate floodplain areas.
(3)
Determinations of navigability and ordinary high watermark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Department for a final determination of navigability
or ordinary high watermark.
(4)
Pursuant to § 61.353(7), Wis. Stats., this Shoreland
Zoning District does not apply to lands adjacent to an artificially
constructed drainage ditch, pond, or retention basin if the drainage
ditch, pond or retention basin is not hydrologically connected to
a natural navigable water body.
C.
Effect of existing land division, sanitary, zoning and other regulations. The lands within the Shoreland Zoning District are subject to all applicable provisions of this Municipal Code. If the provisions of this chapter are more restrictive than other regulations in the Code, the provisions of this chapter shall apply. If land subject to this chapter is also regulated by Chapter 256, Floodplain Zoning, the more restrictive uses, area and other regulations of Chapter 256 apply.
D.
Setbacks from the water; lot coverage.
(1)
Principal building setbacks.
(a)
All principal buildings shall be set back at least 50 feet from
the ordinary high watermark.
(b)
Adjustment of shore yards. A setback less than that required by Subsection D(1)(a) may be allowed in residence districts if all of the following apply:
[1]
The principal building is constructed or placed on a lot or
parcel of land that is immediately adjacent on each side to a lot
or parcel of land containing a principal building; and
[2]
The principal building is constructed or placed within a distance
equal to the average setback of the principal building on the adjacent
lots or 35 feet from the ordinary high watermark, whichever distance
is greater.
(2)
Boathouses. Boathouses accessory to permitted and conditional
uses may be located within a shoreyard, but:
(a)
Boathouses shall not be closer than 20 feet to the average annual
high water elevation of a stream, lake, river, pond or wetland; shall
not exceed one boathouse per shoreyard lot; shall not exceed 15 feet
in height above the ordinary high watermark; shall not exceed 250
square feet in horizontal area covered; and shall not be closer than
15 feet to any side lot line. In no case, however, shall boathouses
be allowed to project beyond the shoreline. Boathouses shall be constructed
in such a manner as to orient the main opening of the boat house toward
the body of water and shall be used strictly for the storage of boats
and water-related recreational accessories. The use of a boat house
for human habitation is prohibited. No plumbing, heating or cooking
faculties may be provided in or for a boathouse.
(3)
Other accessory buildings. One accessory building may be placed
in each shoreyard, but:
(b)
Shall not be placed closer than 35 feet to the average annual
high watermark;
(c)
Shall be limited in size to 200 square feet or less in area
(except uncovered pools), must be at least 10 feet from the principal
structure, must be at least three feet from any side lot line, may
not be used for human habitation or animal shelter, and may not be
greater than 15 feet in height.
(4)
Accessory structures meeting the size requirements of the underlying zoning district and the provisions for accessory structures in Chapter 245 may be placed in side and street yards provided that the setbacks for those yards are met.
(5)
Lot coverage. Lots should be configured to minimize the amount
of impervious surfaces. Maximum lot coverage equals 30% (includes
buildings and other impervious surfaces).
(6)
Pyramiding.
(a)
Pyramiding means the act of obtaining or providing access to
public bodies of water across private lots or lands in a manner that
increases the number of families that have access to that water to
a degree greater than what would occur with individual riparian owners
having individual lots fronting on the water. The effect of pyramiding
is to funnel backlot development from offshore lots or residences
via a narrow parcel of land to provide access to the water. Publicly
owned access points or publicly owned easements do not fall within
this definition.
(b)
No pyramiding is allowed on any lands fronting a public body
of water except as may be specifically permitted accessory to a marina
or resort or which may be allowed under the terms of a conditional
use permit or which may be approved as part of a subdivision plat
review.
E.
Vegetative buffer zone. Pursuant to § 61.353(3), Wis. Stats.,
the landowner must maintain a vegetative buffer zone, as follows:
(1)
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high watermark of the navigable water, except as provided in Subsection E(2).
(2)
If the vegetation in a vegetative buffer zone contains invasive
species or dead or diseased vegetation, the owner of the shoreland
property may remove the vegetation, except that if the owner removes
all of the vegetation in the vegetative buffer zone, the owner shall
establish a vegetative buffer zone with new vegetation.
