[HISTORY: Adopted by the Common Council of the City of Glenwood City at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
This chapter is adopted pursuant to the authorization in §§ 62.23 and 62.233, Wis. Stats.
Uncontrolled use of shorelands and pollution of the navigable waters of the City 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:
Promote the public health, safety, convenience and general welfare;
Limit certain land use activities detrimental to shorelands; and
Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.
The use of shorelands within the shoreland area of the City shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations.
Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits.
This chapter supersedes all the provisions of any other applicable City ordinance, except that where another 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.
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.
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 City and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.
The shoreland zoning district regulations apply only to a shoreland that was annexed by the City after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under § 59.692, Wis. Stats.
The shoreland zoning district areas regulated by this chapter shall include all the lands (referred to herein as "shorelands") in the City that are:
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 (DNR) surface water data viewer available on the DNR website or are shown on United States Geological Survey quadrangle maps or other zoning base maps.
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.
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.
Pursuant to § 62.233, Wis. Stats., 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.
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 City Code. Where the provisions of this chapter are more restrictive than other regulations in the City Code, the provisions of this chapter shall apply.
Principal building setbacks.
All principal buildings shall be set back at least 50 feet from the ordinary high-water mark.
Adjustment of shore yards. A setback less than that required by Subsection A(1) may be allowed if all of the following apply:
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
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-water mark, whichever distance is greater.
Accessory buildings. Accessory buildings accessory to permitted and conditional uses may be located within a shore yard and meet all setbacks of the underlying zone.
As used in this chapter, the following terms shall have the meanings indicated:
- PRINCIPAL BUILDING
- 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 § 59.692(1)(b), Wis. Stats.
- SHORELAND SETBACK AREA
- Has the meaning given in § 59.692(1)(bn), Wis. Stats.