[Amended 7-17-2017 by Ord. No. 17-32]
"Shoreland" means the area within the following distances from
the ordinary high-water mark of navigable waters: 1,000 feet from
a lake, pond or flowage; 300 feet from a river, a stream; or to the
landward side of the floodplain, whichever distance is greater.
Pursuant to § NR 117.05(1)(b)1, Wis. Adm. Code, the Village shall adopt an ordinance or an amendment to an existing ordinance or zoning code which creates a shoreland-wetland zoning district for all wetlands of five acres or more, and all portions of wetlands of five acres or more, which are shown on the final wetland inventory maps and which are located in shorelands within the Village. The Village has the option and will continue to zone any wetlands within the Village, including wetlands which are less than five acres in size. The Village will continue to rezone any wetland, regardless of its size, into either the C-1 Lowland Resource Conservancy District pursuant to § 420-128 of this chapter or the C-3 Natural and Scientific Area Resource Conservancy District pursuant to § 420-130 of this chapter.
In addition to the requirements of this Article XV, all applicable use, site or sanitary restrictions and regulations within the underlying zoning district(s) shall apply to shorelands.
All buildings and structures, except navigational aids, docks,
piers and boat-launching facilities, shall not be closer than the
shore setback distance as specified in each underlying zoning district
of this chapter.
Any lots created by a subdivision after July 17, 2017 (date
this ordinance is adopted), shall be located a minimum of 35 feet
from the ordinary high-water mark of any navigable waterway, and said
setback area be located within a protected easement, except if the
lot is part of an existing residential subdivision wherein the other
lots in the subdivision abut the navigable waterway, such as existing
lots adjacent to Lake Michigan or Lake Russo, wherein similar property
lines are maintained.
A.
Tree cutting and shrubbery clearing. Tree cutting and shrubbery clearing
shall be limited to no closer than 35 feet of the ordinary high-water
mark of all navigable waters to prevent erosion and sedimentation,
to preserve and improve scenic qualities, and during foliation to
substantially screen any development from stream or lake users unless
adequate shore protection or shore stabilization is provided. Paths
and trails within 35 feet of the ordinary high-water mark shall not
exceed 10 feet in width and shall be so designed and constructed as
to result in the least removal and disruption of shoreland cover and
the minimum impairment of natural beauty.
B.
Land disturbance. Land disturbance, such as installing shore protection or shore stabilization, altering or enlarging of waterways, removing stream or lake bed materials, channel clearing, dredging, lagooning, grading, removing topsoil, filling, road cutting, ditching, and installing soil and water conservation structures within 35 feet of any navigable waterway shall comply with Chapter 381 of this Code. Any permits required by the Wisconsin Department of Natural Resources and the U.S. Army Corps of Engineers shall be submitted to the Village prior to the Village issuing any required permits.
[Amended 7-20-2020 by Ord. No. 20-26]
C.
Shore protection along Lake Michigan. Prior to the issuance of a
building and zoning permit for the construction of a new dwelling
or building addition to an existing dwelling located on any lot abutting
Lake Michigan, shore protection shall be installed that satisfies
the requirements of the Wisconsin Department of Natural Resources
and the U.S. Army Corps of Engineers. If there is existing shore protection
installed on the property, then a written letter, stamped and certified
by a professional engineer registered and licensed in Wisconsin, stating
that the existing shore protection is still serving its purpose to
protect and stabilize the property from further erosion, shall be
submitted prior to the issuance of the building and zoning permit.
The property owner is responsible to ensure that the shore protection
is maintained and continues to protect the property from further erosion.
D.
Water withdrawal. Surface water withdrawal, diversion, or discharge
for irrigation shall comply with all state, federal and village requirements.
A.
Notwithstanding the other requirements set forth in this article, the Zoning Administrator shall issue a stipulated shoreland permit for those uses listed in § 420-96 above, provided that the use shall not be susceptible to flooding, concentrated runoff, inadequate drainage, adverse soil and topographic conditions or any other feature likely to be harmful to the environment or the public interest.
B.
Detailed plans and specifications shall be submitted with the required application and application fee pursuant to Article V of this chapter. The plans shall be prepared and certified by a Wisconsin professional land surveyor or a professional engineer registered in Wisconsin.
[Amended 7-20-2020 by Ord. No. 20-26]
C.
The petitioner shall obtain all required permits from the Wisconsin
Department of Natural Resources and the United States Army Corps of
Engineers, if applicable, for the proposed project prior to the Zoning
Administrator issuing the stipulated shoreland permit.
D.
The Zoning Administrator shall not issue the stipulated shoreland
permit until the applicant agrees in writing to the stipulations.
E.
Upon completion of the project, a written certification signed and
sealed by the design engineer shall be provided to the Village certifying
that the project was constructed and completed as designed and in
accordance to the approved permitted plans.
Pursuant to § 66.1036, Wis. Stats., if a building
permit is issued for an activity in the shore setback area to which
§ 59.692(1k)(a) or (b), Wis. Stats., applies, then the Village
shall provide a copy of the building permit to the Kenosha County
Clerk.
The Village may not commence an enforcement action against a
person who owns a building or structure that is in violation of any
Village shoreland zoning standards in the chapter if the building
or structure has been in place for more than 10 years.
