[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:
A.
Promote
the public health, safety, convenience and general welfare;
B.
Limit certain
land use activities detrimental to shorelands; and
C.
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.
A.
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.
B.
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.
A.
District
boundaries.
(1)
The
shoreland zoning district areas regulated by this chapter shall include
all the lands (referred to herein as "shorelands") in the City 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 (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.
(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.
(2)
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.
(3)
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.
B.
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.
A.
Principal
building setbacks.
(1)
All
principal buildings shall be set back at least 50 feet from the ordinary
high-water mark.
(2)
Adjustment of shore yards. A setback less than that required by Subsection A(1) may be allowed if all of the following apply:
(a)
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
(b)
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.
B.
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:
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.
Has the meaning given in § 59.692(1)(bn), Wis.
Stats.
