The use of shorelands within the shoreland area of the municipality
shall be in full compliance with the terms of this chapter and other
applicable local, state or federal regulations. All permitted development
shall require the issuance of a zoning permit unless otherwise expressly
excluded by a provision of this chapter.
Unless specifically exempted by law, all cities, villages, towns
and counties are required to comply with this chapter and obtain all
necessary permits. State agencies are required to comply if § 13.48(13),
Wis. Stats., applies.
A.
This chapter
supersedes all the provisions of any other applicable municipal ordinance,
except that, where another municipal 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 municipality and shall not be deemed a limitation
or repeal of any other powers granted by the Wisconsin Statutes or
Wisconsin Constitution.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this chapter
shall not be affected.
The Shoreland Zoning District regulations apply only to the
following shorelands:
A.
A shoreland
that was annexed by the Village of Fredonia after May 7, 1982, and
that prior to annexation was subject to a county shoreland zoning
ordinance under § 59.692, Wis. Stats.; and
B.
A shoreland
that before incorporation by the Village of Fredonia was part of a
town that was subject to a county shoreland zoning ordinance under
§ 59.692, Wis. Stats., if the date of incorporation was
after April 30, 1994.
The Shoreland District areas regulated by this chapter shall
include all the lands (referred to herein as "shorelands") in the
Village of Fredonia 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
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.
C.
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.
D.
Pursuant
to § 61.353(7) or 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.
The lands within the Shoreland Zoning District are subject to
all applicable provisions of the Village of Fredonia Code. Where the
provisions of this chapter are more restrictive than other regulations
in the Code, the provisions of this chapter shall apply.
