[HISTORY: Adopted by the Village Board of the Village of
Fremont 6-12-2018 by Ord. No. 18-3. Amendments noted where applicable.]
A.
Statutory authorization. This chapter is adopted pursuant to the
authorization in Wis. Stats. §§ 61.35 and 61.353 or
62.23 and 62.233.
B.
Finding of fact and purpose. Uncontrolled use of shorelands and pollution
of the navigable waters of the municipality would adversely affect
the public health, safety, convenience, and general welfare and impair
the tax base. The Legislature of Wisconsin has delegated responsibility
to all municipalities to:
(1)
Promote the public health, safety, convenience and general welfare;
(2)
Limit certain land use activities detrimental to shorelands; and
(3)
Preserve shore cover and natural beauty by controlling the location
of structures in shoreland areas and restricting the removal of natural
shoreland vegetation.
A.
Compliance. The use of shorelands within the shoreland area of the
municipality shall be in full compliance with the terms of this chapter
and other applicable local, state or federal regulations. All permitted
development shall require the issuance of a zoning permit unless otherwise
expressly excluded by a provision of this chapter.
B.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this chapter and obtain all necessary permits. State
agencies are required to comply if Wis. Stats., § 13.48(13)
applies.
C.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any other applicable
municipal ordinance except that where another municipal ordinance
is more restrictive than this chapter, that ordinance shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
(2)
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
D.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the municipality and shall not
be deemed a limitation or repeal of any other powers granted by the
Wisconsin Statutes or Wisconsin Constitution.
E.
Severability. Should any portion of this chapter be declared invalid
or unconstitutional by a court of competent jurisdiction, the remainder
of this chapter shall not be affected.
F.
Applicability of Shoreland District regulations.
(1)
The Shoreland Zoning District regulations apply only to the following
shorelands:
(a)
A shoreland that was annexed by the Village of Fremont after
May 7, 1982, and that prior to annexation was subject to a county
shoreland zoning ordinance under Wis. Stats. § 59.692; and
(b)
A shoreland that before incorporation by the Village of Fremont
was part of a town that was subject to a county shoreland zoning ordinance
under Wis. Stats. § 59.692 if the date of incorporation
was after April 30, 1994.
(2)
District boundaries. The Shoreland District areas regulated by this
chapter shall include all the lands (referred to herein as shorelands)
in the Village of Fremont that are:
(a)
Within 1,000 feet of the ordinary high-water mark 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.
(b)
Within 300 feet of the ordinary high-water mark 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.
(c)
Determinations of navigability and ordinary high-water mark
location shall initially be made by the Zoning Administrator. When
questions arise, the Zoning Administrator shall contact the appropriate
district office of the Wisconsin Department of Natural Resources for
a final determination of navigability or ordinary high-water mark.
(d)
Pursuant to Wis. Stats. § 61.353(7) or 62.233, the
Shoreland Zoning District does not include 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.
(3)
Effect of existing land division, sanitary, zoning and other regulations.
The lands within the Shoreland Zoning District are subject to all
applicable provisions of the Village of Fremont Municipal Code. Where
the provisions of this chapter are more restrictive than other regulations
in the Municipal Code, the provisions of this chapter shall apply.
A.
Building and structure setbacks.
(1)
All buildings and structures shall be set back at least 50 feet from
the ordinary high-water mark.
B.
Reduced principal building setback: A setback less than the fifty-foot
setback required from the ordinary high-water mark shall be permitted
for a proposed principal structure and shall be determined as follows:
(1)
Where there are existing principal buildings on each adjacent lot,
the setback shall equal the average of the distances the two existing
principal buildings are set back from the ordinary high-water mark
or 35 feet from the ordinary high-water mark, whichever distance is
greater.
In this chapter:
The main building or structure on a single lot or parcel
of land and includes any attached garage or attached porch.
Has the meaning given in Wis. Stats. § 59.692(1)(bn).
Has the meaning given in Wis. Stats. § 59.692(1)(b).
