[Added 2-22-2021 by Ord. No. 03-21]
Part 320-800, Shoreland District, referenced as "ordinance, the ordinance, or this ordinance," is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 61.353.
Uncontrolled use of shorelands and pollution of the navigable waters of Greenville 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.
As used in this article, 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.
SHORELAND SETBACK AREA
As defined in Wis. Stats. § 59.692(1)(bn).
SHORELANDS
As defined in Wis. Stats. § 59.692(1)(b).
A. 
Compliance. The use of shorelands within the shoreland area within Greenville shall be in full compliance with the terms of this Part and other applicable local, state or federal regulations. All permitted development shall require the issuance of permit(s) as required by the Greenville Municipal Code unless otherwise expressly excluded by a provision of this Part.
B. 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this Part and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies.
C. 
Abrogation and greater restrictions.
(1) 
This Part supersedes all the provisions of any other applicable municipal ordinance except, where another municipal ordinance is more restrictive than this Part, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2) 
This Part is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this Part imposes greater restrictions, the provisions of this Part shall prevail.
D. 
Interpretation. In their interpretation and application, the provisions of this Part shall be held to be minimum requirements and shall be liberally construed in favor of Greenville and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.
E. 
Severability. Should any portion of this Part be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this Part shall not be affected.
F. 
Applicability of Shoreland District Regulations. The Shoreland Zoning District regulations apply only to the following shorelands:
(1) 
A shoreland annexed by the Village of Greenville after May 7, 1982, and prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stats. § 59.692.
(2) 
A shoreland before incorporation by the Village of Greenville was part of a town that was subject to a county shoreland zoning ordinance under Wis. Stats. § 59.692 if the date of incorporation was after April 30, 1994.
G. 
District boundaries. The Shoreland District areas regulated by this Part shall include all the lands (referred to herein as "shorelands") in the Village of Greenville that are:
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
Pursuant to Wis. Stats. § 61.353(7) or 62.233, 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.
H. 
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 Village of Greenville Municipal Code. Where the provisions of this Part are more restrictive than other regulations in the Municipal Code, the provisions of this Part shall apply.
Reference Tables 320-501-1, 320-501-2, 320-509-1, 320-509-2, and 320-509-3.
A. 
Building and structure setbacks.
(1) 
All buildings and structures shall be set back at least 75 feet from the ordinary high-water mark.
(2) 
Reduced principal building setback. A setback less than the 75 feet setback required from the ordinary high-water mark shall be permitted for a proposed principal structure and shall be determined as follows:
(a) 
Where there are existing principal buildings on each adjacent lot, the setback shall equal the average of the distances the two existing principal buildings are setback from the ordinary high-water mark or 35 feet from the ordinary high-water mark, whichever distance is greater.