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<br /> :11;02;11.03(3 c
<br /> - [History: 11.015 cr.,Sub. 1 to OA 47, 1993-94,pub.03/22/95; waterways on U.S.G.S. Quadrangle Maps or other
<br /> (1)and(7)am.,OA 42,1996-97,pub.06/17/97.] zoning base maps which have been incorporated
<br /> by reference and made a part of the ordinance in
<br /> 11.02 SHORELAND DISTRICT. (1) Authority: section 10.03 of this ordinance.
<br /> This shoreland protection section is adopted (b) The county zoning administrator shall make
<br /> pursuant to the authorization found in sections the initial determination of whether or not a lake,
<br /> 59.70(1), 59.69, 59.692, 87.30 and 144.26, Wis. pond flowage, river or stream is navigable.
<br /> Stats. 0 (c) The county zoning administrator shall make
<br /> (2) Legislative finding: The county board does the initial determination of the location or
<br /> find that the uncontrolled use of the shorelands elevation of the ordinary high-water mark.
<br /> and pollution of the navigable waters of Dane (d) When the navigability or ordinary high-water
<br /> County adversely affect the public health, safety, mark is questionable the zoning administrator shall
<br /> convenience, and general welfare and impair the contact the appropriate department of natural
<br /> tax base. The legislature of Wisconsin had resources office for assistance in making the
<br /> delegated responsibility to the counties to further determination.
<br /> the maintenance of safe and healthful conditions; [History: (1)am.,.OA 42, 1996-97,pub.06/17/97.]
<br /> prevent and control water pollution; protect
<br /> spawning grounds, fish and aquatic life; control 11.03 SHORELAND REGULATIONS. (1) Lot
<br /> building sites, placement of structures and land area, width and density: Area, width and density
<br /> uses; and, preserve shore cover and natural requisites for lots located in shoreland areas shall
<br /> beauty, and this responsibility is hereby recognized not be less than those required in section 10.05(4)
<br /> by Dane County. and (5), R-1 residence district, section 10.16(3),
<br /> (3) Statement.of purpose: For the purpose of general provisions and exceptions of chapter 10 of
<br /> promoting and protecting the public health, safety, the Dane County Code of Ordinances.
<br /> convenience and general welfare to: prevent and (2) Setback from ordinary high-water mark: (a)
<br /> control water pollution; protect fish spawning Setbacks for all principal buildings and structures,
<br /> grounds, fish and aquatic life, control building except piers, hoists and boathouses, shall be not
<br /> sites, placement of structures, preserve shore cover less than seventy-five (75) feet, measured
<br /> and natural beauty. horizontally, from an ordinary high-water mark
<br /> (4) Compliance: Unless specifically exempted unless otherwise specified by the county flood
<br /> by law, all cities, villages, towns and counties are plain zoning ordinance provisions.
<br /> required to comply with this ordinance and obtain (b) Reduced setback: Proposed primary
<br /> all necessary permits. State agencies are required buildings which will be located within 200 feet or
<br /> to comply when section 13.48(13), Wisconsin existing primary building(s), which have a setback
<br /> Statutes, applies. The construction, reconstruction, of less than 75 feet, may have a reduced setback as
<br /> maintenance and repair of state highways and follows:
<br /> bridges by the Wisconsin Department of 1. Where there is a primary building on each
<br /> Transportation are exempt when section side of the proposed site, the setback for the
<br /> 30.12(4)(a), Wisconsin Statutes, applies. proposed building shall be the average of the
<br /> (5) County jurisdiction: (a) Shoreland areas setbacks of the existing buildings.
<br /> shall include all lands in the unincorporated areas 2. If there is an existing primary building on
<br /> of Dane County which are within 1,000 feet from only one side, the setback for the proposed
<br /> the ordinary high-water mark of navigable lakes, building shall be the average of the required (75')
<br /> ponds or flowages listed in the "Surface Water setback and the existing building's setback.
<br /> Resources of Dane County" published by the 3. Other setbacks may be permitted by the
<br /> Wisconsin Department of Natural Resources, or so board of adjustment as per section 10.26(6)(c),
<br /> designated on the United States Geological Survey Dane County Zoning Ordinance.
<br /> Quadrangle Maps, or included on other county (3) Boathouses: (a) Boathouses shall not be •
<br /> zoning base maps, and all lands which are within- constructed below the ordinary high-water mark.
<br /> 300 feet of the ordinary high-water mark. or (b) Boathouses shall not be utilized for human
<br /> landward side of the flood plain of the navigable habitation. .
<br /> reaches of rivers and streams.. Rivers and streams (c) Height of a boathouse shall be measured
<br /> shall be presumed to be navigable if they are vertically from the ordinary high-water mark.
<br /> designated as either continuous or intermittent Railings may be placed on top of the boathouse
<br /> Page 11-2
<br /> rev. 073197
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