[Amended 11-7-2017 by Ord. No. 11072017]
A.
All buildings and structures, which include decks, patios, fences, gazebos and screen houses shall be set back at least 75 feet from the ordinary high-water mark of navigable water (See § 208-19, Special shoreland permit.)
B.
Exempt structures. All of the following structures are exempt from the shoreland setback standards in Subsection A:
(1)
Boathouses located entirely above the ordinary high-water mark and
entirely within the access and viewing corridor that do not contain
plumbing and are not used for human habitation.
Note: This chapter does not prohibit repair and maintenance
of boathouses located above the ordinary high-water mark.
(2)
Open-sided and screened structures such as gazebos, decks, patios
and screen houses in the shoreland setback area that satisfy the requirements
in § 59.692 (1v), Wis. Stats.
(3)
Broadcast signal receivers, including satellite dishes or antennas
that are one meter or less in diameter and satellite earth station
antennas that are two meters or less in diameter.
(4)
Utility transmission and distribution lines, poles, towers, water
towers, pumping stations, well pump house covers, private on-site
wastewater treatment systems that comply with Ch. SPS 383, and other
utility structures that have no feasible alternative location outside
of the minimum setback and that employ best management practices to
infiltrate or otherwise control stormwater runoff from the structure.
(5)
Walkways, stairways or rail systems that are necessary to provide
pedestrian access to the shoreline and are a maximum of 60 inches
in width.
(6)
Floodplain structures. Buildings and structures to be constructed
or placed in a floodplain shall be required to comply with any applicable
floodplain zoning ordinance.
(7)
Boathouses. The use of boathouses for human habitation and the construction
or placing of boathouses beyond the ordinary high-water mark of any
navigable waters shall be prohibited.
C.
Boat hoists, piers, stairways, and landings are exempt from this
setback, provided that stairways and landings are essential for access
to the water. Standards for access: A stairway, walkway or lift is
permitted in the shoreland setback area only when it is essential
to provide pedestrian access to the pier because of steep slopes,
rocky, or wet, unstable soils, and when the following conditions are
met:
(1)
There are no other locations or facilities on the property which
allow adequate access to a pier. Only one stairway or one lift is
allowed, not both, except where there is an existing stairway and
the lift will be mounted to or is immediately adjacent to the existing
stairway.
(2)
Such structures shall be placed on the most visually inconspicuous
route to the shoreline and shall avoid environmentally sensitive areas.
(3)
They must be constructed in a way that minimizes soil and vegetative
disturbance.
(4)
Vegetation which stabilizes slopes or screens structural development
from view shall not be removed.
(5)
Structures shall be colored and screened by vegetation so as to be
inconspicuous when viewed against the shoreline.
(6)
Canopies, roofs and sides are prohibited. Open railings may be provided
where required for safety.
(7)
A maximum width of four feet (outside dimension) is allowed for stairways,
walkways and lifts.
(8)
Landings are allowed when required for safety purposes and shall
not exceed 40 square feet. Attached benches, seats, tables, etc.,
are prohibited.
D.
The Zoning Administrator or local Department representative shall
determine the ordinary high-water mark where not established.
[Amended 11-7-2017 by Ord. No. 11072017]
A setback less than the normal seventy-five-foot setback required may be permitted for a principal building by the Zoning Administrator on the Fox River and natural navigable waters where there is at least one principal building within 300 feet on either side of the subject lot that is built less than the required setback. In such case, the setback shall be the average of the setbacks of the nearest principal building on each side of the proposed site, or, if there is an existing principal building on only one side, the setback shall be the average of the existing building's setback and the required setback. No structure shall be permitted closer than 35 feet to the ordinary high-water mark using setback average unless a variance is obtained from the Board of Appeals pursuant to § 208-42 of this chapter. This section does not apply to navigable agricultural and roadside ditches.
A.
All residential, commercial, or industrial structures shall be set
back a minimum of 20 feet from the top ridgeline of a twenty-percent-or-greater
slope measured to the foundation. Elevation change will be analyzed
to determine how steep or significant the slope is to decide the applicability
of this section. Decks, patios, stairways, fences, gazebos, screen
houses, pools, and storage sheds can be located within the twenty-foot
setback but not closer than 10 feet from the top of the ridgeline
and must not exceed a building footprint of 500 square feet. If a
geotechnical study is completed for the proposed area, a shoreland
permit may be issued for a structure within the twenty-foot setback
subject to being constructed following the recommendations of the
study. A certificate of compliance will need to be completed by the
responsible architect or engineer after construction and prior to
occupancy. This certificate must be returned to the Zoning Office
within 60 days of completion of the project.
[Amended 11-7-2017 by Ord. No. 11072017]
[Amended 11-7-2017 by Ord. No. 11072017]
All boathouses must meet the following criteria:
A.
Boathouses shall be designed and constructed solely for the storage
of boats and related equipment and shall not be used for human habitation.
B.
Only one boathouse is permitted on a lot.
C.
All boathouse construction or repair shall be constructed utilizing
accepted soil and water conservation practices and accepted erosion
control measures.
[Amended 11-7-2017 by Ord. No. 11072017]
As authorized under § 59.692(1v), Wis. Stats., a special
shoreland permit may be issued for a structure within the shoreland
setback area if all of the following conditions are met:
A.
Conditions for structures within the shoreland setback area of the
Fox River and natural streams not used as agricultural and roadside
ditches.
(1)
The part of the structure that is nearest the water is located at
least 35 feet landward from the ordinary high-water mark of the Fox
River and natural streams not used as agricultural and roadside ditches
and 15 feet landward from the ordinary high-water mark of navigable
agricultural drainage and roadside ditches.
(2)
The total floor area of all the structures existing and proposed
in, or extending into, the shoreland setback area of the property
shall not exceed 200 square feet. In calculating this square footage,
boathouses, boat hoists, piers, wharves, stairs, and landings shall
be excluded.
(3)
The structure that is the subject of the request for a special shoreland
permit must have no sides or have open or screened sides, and have
a maximum height from the lowest grade to the highest point of any
structure of 15 feet. Any permitted roof shall not be used as a deck,
observation platform, or as other similar uses. The use of the structure
must not be prohibited by other zoning regulations or deed restrictions
(e.g., floodplain regulations). Retaining walls are not allowable
under this section since they have solid, not open, sides.
B.
Conditions that apply to all navigable waters.
(1)
The owner(s) or his or her agent must submit a plan that will be
implemented by the owner of the property to establish, preserve, enhance,
and/or restore a vegetative buffer zone that covers 70% of the half
of the shoreland setback area that is nearest the water. The plan
must be approved by the Department.
(a)
For the plan to be approved, it must be binding on the owner,
his/her heirs, successors, and assignees, and must authorize entrance
onto the property by Village and Department staff for inspections
to assure compliance with the plan. The agreement shall be written
and recorded on forms provided by the Village Zoning Administrator
and recorded with the applicable County Register of Deeds. This also
applies to the preservation of an existing natural buffer.
(b)
Failure to comply with the plan and/or subsequent removal of
vegetation from the vegetative buffer zone will cause the Village
Zoning Administrator to revoke the special shoreland permit and order
the removal of any structure(s) authorized by a special shoreland
permit.
(c)
To be considered for approval, a plan to establish, preserve,
enhance and/or restore a vegetative buffer zone shall, at minimum,
contain:
[1]
A description of how the landowner intends to carry out the
project, including methods, materials, and equipment to be used;
[2]
A proposed schedule and sequence of work activities;
[3]
The names, descriptions, and densities of native species to
be utilized in the restoration work, including ground cover, shrubs,
and trees;
[4]
A description and photos of the site before the project begins
and a description and photos of the proposed site once the buffer
is completed; and
[5]
The erosion control measures that will be used during construction
of the permitted structure and vegetative buffer zone to control sediment,
runoff, and protect water quality.
(d)
To be considered for approval, a plan to establish, preserve,
enhance, and/or restore an existing native vegetative buffer zone
shall, at a minimum, contain:
[1]
A description of how the homeowner intends to maintain the buffer
including "mowing" plans;
[2]
Supplemental plantings of native species;
[3]
Removal of nonnative species (e.g., purple loosestrife or phragmites);
and
[4]
The erosion control measures that will be used during construction
of the permitted structure and any disturbance in the vegetative buffer
zone due to planting or removal of nonnatives to control sediment,
runoff, and protect water quality.
(e)
Removal of the specially permitted structure will not relinquish
the recorded agreement or permit the removal, destruction, degradation,
and/or reduction in size of the shoreland vegetative buffer.
[Amended 11-7-2017 by Ord. No. 11072017]
The following uses shall be permitted within the Shoreland District.
A.
Agricultural uses are permitted, providing they comply with the provisions
of the chapter.
(1)
A minimum of 35 feet of land free of row crops and seeded to grass,
alfalfa, or other close-growing crop shall be maintained between the
farmed area and the edge of the navigable stream. Navigable stream
crossings shall be permitted for livestock amd farm equipment, and
shall be of a design deemed appropriate by the applicable County Land
Conservation Department. A farmer may be exempt from this section
if soil and water conservation practices are deemed sufficient and
no pollution is occurring in the opinion of the Zoning Administrator.
(2)
If there is a pollution problem resulting from the grazing or pasturing
of livestock, the farmer/operator will be required to erect a fence
no closer than 16 1/2 feet of the edge of the navigable stream
or otherwise abate the pollution in such a manner as may be determined
by the applicable County Land Conservation Department. If a fence
must be erected, provision will be allowed for watering livestock
in the navigable stream.
