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11.02(5)—11.03(4) maps, and all lands which are within 300 feet of (3) Boathouses. (a) Boathouses shall not be the ordinary high-water mark or landward side of constructed below the ordinary high-water mark. the flood plain of the navigable reaches of rivers (b) Boathouses shall not be utilized for human and streams. Rivers and streams shall be habitation. presumed to be navigable if they are designated (c) Height of a boathouse shall be measured as either continuous or intermittent waterways on vertically from the ordinary high-water mark. U.S.G.S. Quadrangle Maps or other zoning base Railings may be placed on top of the boathouse maps which have been incorporated by provided the railing is not solid in appearance reference and made a part of the ordinance in and not greater than 3.5 feet in height. section 10.03 of this ordinance. (d) The maintenance and repair of non- (b) The county zoning administrator shall conforming boathouses which are located below make the initial determination of whether or not a the ordinary high-water mark of any navigable lake, pond flowage, river or stream is navigable. waters shall comply with the requirements of (c) The county zoning administrator shall section 30.121 of the Wisconsin Statutes. make the initial determination of the location or (4) An existing marina fuel system tank may elevation of the ordinary high-water mark. be replaced within 75 feet of the high-water mark (d) When the navigability or ordinary high- if a conditional use permit is approved by the water mark is questionable the zoning Zoning and Natural Resources Committee. Prior administrator shall contact the appropriate to issuance of a conditional use permit, the department of natural resources office for Zoning and Natural Resources Committee must assistance in making the determination. find that the following conditions are met: [History: (1)am.,OA42,1996-97,pub.06/17/97.] (a) Due to physical limitations of the property, it is not possible to construct a replacement 11.03 SHORELAND REGULATIONS. (1) marina fuel system tank at a compliant setback Building lots: Lots located in shoreland areas from an ordinary high-water mark; shall meet all area, width, density and lot (b) Fuel tanks and fuel lines shall be of at coverage standards required in section 10.05(4) least double-wall construction; and (5), R-1 residence district, section 10.16(3), (c) Monitoring devices shall be installed and "general provisions and exceptions of chapter 10 maintained to detect any leaks from fuel system of the Dane County Code of Ordinances. tanks and lines. Leak monitoring method shall (2) Setback from ordinary high-water mark. be state approved electronic interstitial devices (a) Except as provided in sections 11.03(2)(b) installed and maintained to detect any leaks from and 11.03(4), the setbacks for all buildings and fuel system tanks and lines; structures, except piers, boat hoists and (d) The dispensing of motor fuel into water- boathouses, shall not be less than seventy-five craft shall be conducted in conformance with the (75) feet, measured horizontally, from an provisions of Wisconsin Administrative Code ordinary high-water mark, unless otherwise Chapter COMM 10. Retail sale of Class I or II specified by the county flood plain zoning liquids shall be limited to self-propelled marine ordinance provisions. craft; (b) Reduced setback. Proposed primary (e) Fuel dispensing systems for watercraft buildings which will be located within 200 feet of shall have automatic nozzles with non-drip existing primary building(s), which have a provisions; setback of less than 75 feet, may have a reduced (f) Replacement marina fuel system tanks setback as follows: shall not be located less than thirty five (35) feet, 1. Where there is a primary building on each measured horizontally, from an ordinary high- side of the proposed site, the setback for the water mark; proposed building shall be the average of the (g) Vegetative screening, using species native setbacks of the existing buildings. to South Central Wisconsin, shall be placed so 2. If there is an existing primary building on as to shield tanks and containment structures only one side, the setback for the proposed from view from the adjacent water body. building shall be the average of the required (75') Seeding and/or planting must be complete within setback and the existing building's setback. six (6) months of the effective date of the 3. Other setbacks may be permitted by the conditional use permit. To the extent practicable, board of adjustment as per section 10.26(6)(c), such screening shall be designed to meet the Dane County Zoning Ordinance. purposes and intent of section 11.04 of this ordinance within five (5) years; Page 1 1-3 rev 013106