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11.02(5)— 11.03(4)(g) feet from the ordinary high-water mark of 2. If there is an existing primary building on navigable lakes, ponds or flowages listed in the only one side, the setback for the proposed "Surface Water Resources of Dane County" building shall be the average of the required (75') published by the Wisconsin Department of setback and the existing building's setback. Natural Resources, or so designated on the 3. Other setbacks may be permitted by the United States Geological Survey Quadrangle board of adjustment as per section 10.26(6)(c). Maps, or included on other county zoning base .3) Boathouses. (a) Boathouses shall not be maps, and all lands which are within 300 feet of onstructed below the ordinary high-water mark. the ordinary high-water mark or landward side of (b) Boathouses shall not be utilized for human the flood plain of the navigable reaches of rivers habitation. and streams. Rivers and streams shall be (c) Height of a boathouse shall be measured presumed to be navigable if they are designated ically from the ordinary high-water mark. as either continuous or intermittent waterways on ailings may be placed on top of the boathouse U.S.G.S. Quadrangle Maps or other zoning base rovided the railing is not solid in appearance maps which have been incorporated by 'nd not greater than 3.5 feet in height. reference and made a part of the ordinance in (d) The maintenance and repair of non- section 10.03 of this ordinance. conforming boathouses which are located below (b) The county zoning administrator shall the ordinary high-water mark of any navigable make the initial determination of whether or not a waters shall comply with the requirements of lake, pond flowage, river or stream is navigable. section 30.121 of the Wisconsin Statutes. (c) The county zoning administrator shall (4) An existing marina fuel system tank may make the initial determination of the location or be replaced within 75 feet of the high-water mark elevation of the ordinary high-water mark. if a conditional use permit is approved by the (d) When the navigability or ordinary high- Zoning and Natural Resources Committee. Prior water mark is questionable the zoning to issuance of a conditional use permit, the administrator shall contact the appropriate Zoning and Natural Resources Committee must department of natural resources office for find that the following conditions are met: assistance in making the determination. (a) Due to physical limitations of the property, [History. (1)am.,OA 42,1996-97,pub.06/17/97.] it is not possible to construct a replacement marina fuel system tank at a compliant setback 11.03 SHORELAND REGULATIONS. (1) from an ordinary high-water mark; Building lots: Lots located in shoreland areas (b) Fuel tanks and fuel lines shall be of at shall meet all area, width, density and lot least double-wall construction; coverage standards required in section 10.05(4) (c) Monitoring devices shall be installed and and (5), R-1 residence district, section 10.16(3), maintained to detect any leaks from fuel system general provisions and exceptions of chapter 10 tanks and lines. Leak monitoring method shall of the Dane County Code of Ordinances. be state approved electronic interstitial devices (2) Setback from ordinary high-water mark. installed and maintained to detect any leaks from (a) Except as provided in sections 11.03(2)(b) fuel system tanks and lines; and 11.03(4), the setbacks for all buildings and (d) The dispensing of motor fuel into water- structures, except piers, boat hoists and craft shall be conducted in conformance with the IMP, shall not be less than seventy-five provisions of Wisconsin Administrative Code measured horizontally, from an Chapter COMM 10. Retail sale of Class I or II ordinary high-water mark, unless otherwise liquids shall be limited to self-propelled marine specified by the county flood plain zoning craft; ordinance provisions. (e) Fuel dispensing systems for watercraft (b) Reduced setback. Proposed primary shall have automatic nozzles with non-drip buildings which will be located within 200 feet of provisions; existing primary building(s), which have a (f) Replacement marina fuel system tanks setback of less than 75 feet, may have a reduced shall not be located less than thirty five (35) feet, setback as follows: measured horizontally, from an ordinary high- 1. Where there is a primary building on each water mark; side of the proposed site, the setback for the (g) Vegetative screening, using species native proposed building shall be the average of the to South Central Wisconsin, shall be placed so setbacks of the existing buildings. as to shield tanks and containment structures from view from the adjacent water body. Page 11-3 rev 013107