Permitted building setbacks shall be established to conform
to health, safety and welfare requirements, preserve natural beauty,
reduce flood hazards, and avoid water pollution.
A.
Shoreland setbacks. Unless exempt under § 338-32A(1), or reduced under § 338-32B, a setback of 75 feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.
[Amended 11-12-2019 by Ord. No. 18-2019]
(1)
Exempt structures. Per § 59.692(1n)(d), Wis. Stats., all of the following structures are exempt from the shoreland setback standards in § 338-32A:
(a)
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. All boathouses shall
adhere to the following conditions:
[1]
The construction or placement of boathouses below the ordinary
high-water mark of any navigable waters shall be prohibited.
[2]
Boathouses shall be designed and constructed solely for the
storage of watercraft and related equipment.
[3]
One boathouse is permitted on a lot or parcel as an accessory
structure.
[4]
Boathouses shall be designed and constructed to not destabilize the existing slope. Final grades must be at a slope that is naturally stable, depending on soil type. All boathouse construction projects that require land disturbing activities shall be authorized in accordance with § 338-41 of this chapter.
[Amended 12-21-2021 by Ord. No. 38-2021]
[5]
Boathouses shall be constructed in conformity with local floodplain zoning standards. Fill, elevation surveys, or other documentation may be required within 180 days of permit issuance, per § 300-38B(4).
[6]
Boathouses shall be one story with sidewalls not exceeding 10
feet in height and a footprint entirely within the access and viewing
corridor of the vegetative buffer. The footprint is not to exceed
16 feet in width by 24 feet in depth, with the width running parallel
to the shore.
[7]
Boathouse roofs shall be designed with a pitched roof having
a minimum slope of 2/12, a maximum slope of 6/12, and in no case shall
be designed for use as a deck, observation platform, or for other
similar uses. Dormers are allowed so long as the dormer's height does
not exceed the height of the main ridge line of the boathouse. One
cupola, no greater than 30 inches in length and width, is allowed
on the main ridge line. Parapet walls are not allowed.
[Amended 12-21-2021 by Ord. No. 38-2021]
[8]
Earth-toned color shall be required for all exterior surfaces
of a boathouse. For the purpose of this chapter, the color white is
an earth-toned color.
[Amended 12-21-2021 by Ord. No. 38-2021]
[9]
The boathouse's main door shall face the water and shall be
at least 50% of the width (measured running parallel to the shore)
of the boathouse.
[Amended 12-21-2021 by Ord. No. 38-2021]
[10]
Any features the Department considers inconsistent
with the use of the structure exclusively as a boathouse are not permitted.
Examples may include but not be limited to patio doors, fireplaces,
decks, and living quarters.
[11]
Per § 59.692(1o), Wis. Stats., the roof
of an existing boathouse may be used as a deck, provided that the
boathouse has a flat roof, has no side walls or screened walls, and
has a railing that meets Department of Safety and Professional Services
standards.
[12]
No boathouse wall, door, or access opening shall
be more than 1/3 transparent or translucent.
[Amended 12-21-2021 by Ord. No. 38-2021]
[13]
Boathouse roof overhangs shall not project more
than 24 inches out from the boathouse side wall.
(b)
Open-sided and screened structures, such as gazebos, decks,
patios, and screen houses in the shoreland setback area that satisfy
the following requirements in § 59.692(1v), Wis. Stats.
[1]
The part of the structure that is nearest to the water is located
at least 35 feet landward from the ordinary high-water mark.
[2]
The floor area of all the structures in the shoreland setback
area will not exceed 200 square feet. In calculating this square footage,
boathouses shall be excluded.
[3]
The structure that is the subject of the request for special
zoning permission has no sides or has open or screened sides.
[4]
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. Note: The statutory requirements
under § 59.692(1v), Wis. Stats., which require the establishment
of a vegetative buffer for the construction of open-sided structures
are not superseded by § 59.692(1f)(a).
[a]
Note: Where reference is made to a shoreland vegetative buffer
zone, the buffer shall be designed in accordance with NRCS Interim
Standard No. 643A and NRCS Wisconsin Biology Technical Note 1: Shoreland
Habitat. In cases where these standards provide options, the Land
Use Planning and Zoning Department shall make the determination which
option is most appropriate in the design and execution of the project.
[Added 2-15-2022 by Ord. No. 1-2022]
[5]
[1]An enforceable obligation shall be evidenced by an instrument
recorded with the Register of Deeds prior to the issuance of a land
use permit. This instrument shall include an implementation schedule
and enforceable obligation on the property owner to establish and
maintain the shoreland vegetative buffer zone.
[Amended 12-21-2021 by Ord. No. 38-2021]
[1]
Editor's Note: Former Subsection A(1)(b)[5] was repealed 12-21-2021 by Ord. No.
38-2021. This ordinance also renumbered former Subsection
A(1)(b)[6] as Subsection A(1)(b)[5].
(c)
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.
(d)
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.
(e)
One walkway, stairway or rail system is allowed per lot or parcel. Walkways, stairways or rail systems are exempt from § 338-41F through H of this chapter. A walkway, stairway or rail system shall be permitted, provided:
[Amended 12-21-2021 by Ord. No. 38-2021]
[1]
The structure shall be located within the access and viewing
corridor and designed so as to minimize earth disturbing activities
and shoreline vegetation removal.
[2]
The structure shall not exceed a maximum of 60 inches in width,
including railings, and shall not branch out within the shoreland
setback. Landings, as part of the shoreline access system, shall be
limited to a maximum of 40 square feet and no more than 60 inches
wide.
[3]
Railings are permitted only where required by safety concerns,
state statutes, or state regulations.
[4]
Canopies and/or roofs on such structures are prohibited.
[5]
A stairway shall be supported on piles or footings rather than
being excavated from erodible soils, steep slopes, or similar conditions
of concern.
[6]
A walkway and associated stairs, excavated from underlying soils,
is allowed on slopes no greater than 25% to provide pedestrian access
to the shoreline.
(f)
Devices or systems used to treat runoff from impervious surfaces.
(2)
Existing Exempt Structures. Per § 59.692(1k)(a)2m, Wis. Stats., existing exempt structure may be maintained, repaired, replaced, restored, rebuilt, and remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. The expansion of a structure beyond the existing footprint may be permitted if the expansion is necessary to comply with applicable state and federal requirements. Note: Section 59.692(1k)(a)2m, Wis. Stats., prohibits counties from requiring any approval or imposing any fee or mitigation requirement for the activities specified in § 338-32A(2). However, it is important to note that property owners may be required to obtain permits or approvals and counties may impose fees under ordinances adopted pursuant to other statutory requirements, such as floodplain zoning, general zoning, sanitary codes, building codes, or even stormwater erosion control.
B.
Reduced principal structure setback (§ 59.692(1n), Wis.
Stats.). A setback less than the seventy-five-foot required setback
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 structures in both directions,
the setback shall equal the average of the distances the two existing
principal structures are set back from the ordinary high-water mark,
provided that all of the following are met:
(a)
Both of the existing principal structures are located on an
adjacent lot to the proposed principal structure.
(b)
Both of the existing principal structures are located within
250 feet of the proposed principal structure and are the closest structure.
(c)
Both of the existing principal structures are located less than
75 feet from the ordinary high-water mark.
(d)
The average setback shall not be reduced to less than 35 feet
from the ordinary high-water mark of any navigable water.
(e)
Note: § 59.692(1d)(a), Wis. Stats., requires counties to adopt the standards consistent with § 338-32B(1) for reducing the shoreland setback.
(2)
Functional appurtenances that are accessory structures, such as open
porches or decks, that are attached to the proposed principal structure
and proposed at time of permit application, must comply with the reduced
principal structure setback but shall not be used in the calculation
of the reduced principal structure setback.
[Added 11-12-2019 by Ord.
No. 18-2019]
C.
In addition to the shoreland setback standards in Subsections A and B above, buildings and structures shall comply with the following setback standards.
(1)
Side yard: twelve-foot minimum for lots at least 85 feet wide.
(2)
Side yard: ten-foot minimum for lots less than 85 feet wide.
(3)
Street yard: twenty-five-foot minimum.
(5)
Walkways no more than 36 inches wide and driveways shall be exempt from § 338-32C(1) through (3). This does not exempt these structures from § 338-32A, or other standards of this chapter.
[Added 11-12-2019 by Ord.
No. 18-2019]
D.
In addition to the shoreland setback standard in Subsections A and B above, fences shall comply with the following:
(1)
All fences, no greater than eight feet in height, may be allowed
along any lot line excluding the street right-of-way line and the
side lot lines within the street-yard setback.
(2)
Open style fences (greater than 50% open space), no greater than
four feet in height, may be allowed along the street right-of-way
line and alongside lot lines within the street-yard setback.
(3)
Open
style agricultural fences, no greater than eight feet in height, are
allowed without a land use permit.
[Added 12-21-2021 by Ord. No. 38-2021]
E.
In addition to the shoreland setback standard in Subsections A and B above, retaining walls shall comply with the following:
(1)
Retaining and decorative/landscape walls may be allowed in the street-yard,
side-yard and rear-yard with a minimum zero setback.
(2)
Retaining
walls, greater than six feet in height, shall be designed by a professional
engineer. Stamped engineered plans shall be submitted to the Land
Use Planning and Zoning Department as part of the land use permit
application.
[Added 12-21-2021 by Ord. No. 38-2021]
[Amended 11-12-2019 by Ord. No. 18-2019]
Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance. Fill, elevation surveys, or other documentation may be required within 180 days of land use permit issuance, per § 300-38B(4).
