[1]
Editor's Note: See NR 115.05(1)(b), Wis. Adm. Code.
Permitted building setbacks shall be established to conform
to health, safety and welfare requirements, preserve natural beauty,
reduce flood hazards and avoid water pollution.
B.
Exempt structures. [Section NR 115.05(1)(b)1m., Wis. Adm. Code] 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.
(a)
The construction or placement of boathouses below the ordinary
high-water mark of any navigable waters shall be prohibited.
(b)
Boathouses shall be designed and constructed solely for the
storage of boats and related equipment.
(c)
One boathouse is permitted on a lot as an accessory structure.
(d)
Boathouses shall be constructed in conformity with local floodplain
zoning standards.
(e)
Boathouses shall not exceed one story and 300 square feet in
floor area.
(f)
Boathouse roofs shall not be designed or used as decks, observation
platforms or for other similar uses.
(g)
The main door shall face the water.
(h)
Patio doors, fireplaces and other features inconsistent with
the use of the structure exclusively as a boathouse are not permitted.
(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.
(a)
The part of the structure that is nearest to the water is located
at least 35 feet landward from the ordinary-high-water mark.
(b)
The floor area of all the structures in the shoreland setback
area will not exceed 200 square feet.
(c)
The structure that is the subject of the request for special
zoning permission has no sides or has open or screened sides.
(d)
The County must approve a plan that will be implemented by the
owner of the property to preserve or establish a vegetative buffer
zone that covers at least 70% of the half of the shoreland setback
area that is nearest to the water.
(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 pumphouse covers, private on-site wastewater
treatment systems that comply with Ch. SPS 383, Wis. Adm. Code, 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 storm water 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.
[Section NR 115.05(1)(b)1., Wis. Adm. Code] Existing development
pattern means that principal structures exist within 250 feet of the
proposed principal structure in both directions along the shoreline.
Where there is an existing development pattern, the shoreland setback
for a proposed principal structure may be reduced to the average shoreland
setback of the principal structure on each adjacent lot of the proposed
principal structure. The shoreland setback may not be reduced to less
than 35 feet from the ordinary high-water mark of any navigable water.
[Section NR 115.05(1)(b)2., Wis. Adm. Code] Buildings and structures
to be constructed or placed in a floodplain shall be required to comply
with any applicable floodplain zoning ordinance.
