Dane County Code of Ordinances (2)

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11.03(2)(b)— 11.04(2) 3. Other setbacks may be permitted by the such screening shall be designed to meet the board of adjustment as per section 10.26(6)(c), purposes and intent of section 11.04 of this Dane County Zoning Ordinance. ordinance within five(5)years; (3) Boathouses. (a) Boathouses shall not be (h) Where applicable, the project must fully constructed below the ordinary high-water mark. comply with approved filling and grading permits (b) Boathouses shall not be utilized for human under section 11.05 of this ordinance or habitation. approved erosion and stormwater control permits (c) Height of a boathouse shall be measured under chapter 14 of the Dane County Code; and vertically from the ordinary high-water mark. (i) At the time of application for a conditional Railings may be placed on top of the boathouse use permit,the landowner shall provide evidence provided the railing is not solid in appearance of compliance with all necessary local, state or and not greater than 3.5 feet in height. federal permits, regulations, plan design review (d) The maintenance and repair of non- or other approvals related to fuel system design, conforming boathouses which are located below construction and maintenance. the ordinary high-water mark of any navigable [History: (2)(a) am. and (4) cr., Sub. 1 to OA 1, 2001-02, waters shall comply with the requirements of pub.01/22/02.] section 30.121 of the Wisconsin Statutes. NOTE: When it adopted the amendment to sub. (4) An existing marina fuel system tank may (2)(a) and created sub. (4) above, the county be replaced within 75 feet of the high-water mark board made the following findings which are not if a conditional use permit is approved by the part of the Code: Zoning and Natural Resources Committee. Prior 1.Marinas are a water-dependent use,and as is to issuance of a conditional use permit, the the case with piers, boat hoists, and boat- Zoning and Natural Resources Committee must houses, should be allowed in close proximity to find that the following conditions are met: the shoreline and on the water, (a) Due to physical limitations of the property, 2.Boat fueling systems, which are an integral it is not possible to construct a replacement part and function of a marina and provide marina fuel system tank at a compliant setback necessary service to their clientele,also need to be located in close proximity to the boat docks; from an ordinary high-water mark; and (b) Fuel tanks and fuel lines shall be of at 3.That fuel lines from the tanks to the least double-wall construction; dispensing location should be kept as short as (c) Monitoring devices shall be installed and possible for safety and environmental protec- maintained to detect any leaks from fuel system tions and that shorter lines are less vulnerable tanks and lines. Leak monitoring method shall to damage than longer lines used by tanks be state approved electronic interstitial devices located further from the shore. installed and maintained to detect any leaks from [History:]cr., Sub. 1 to OA 1, 2001-02, pub. fuel system tanks and lines; (d) The dispensing of motor fuel into water- craft shall be conducted in conformance with the 11.04 SHORE COVER. (1) Purpose. To provisions of Wisconsin Administrative Code maintain trees and shrubbery in the shoreland Chapter COMM 10. Retail sale of Class I or II areas for protection of scenic beauty, control liquids shall be limited to self-propelled marine erosion and reduce effluent and nutrient flow craft; from the shoreland. These provisions shall not (e) Fuel dispensing systems for watercraft apply to the removal of dead, diseased or dying shall have automatic nozzles with non-drip trees or shrubbery or to silvicultural thinning provisions; upon recommendation of a forester. (f) Replacement marina fuel system tanks (2) Shoreline cutting. Tree and shrubbery shall not be located less than thirty five (35)feet, cutting in a strip paralleling the shoreline and measured horizontally, from an ordinary high- extending 35 feet inland from all points along the water mark; ordinary high-water mark of the shoreline shall (g) Vegetative screening, using species native be limited in accordance with the following to South Central Wisconsin, shall be placed so provisions: as to shield tanks and containment structures (a) No more than 30 feet in any 100 feet, as from view from the adjacent water body. measured along the ordinary high-water mark, Seeding and/or planting must be complete within may be clear cut to the depth of the 35 foot strip. six (6) months of the effective date of the (b) Natural shrubbery shall be preserved as conditional use permit. To the extent practicable, far as practicable and,where removed, it shall be Page 11-3 rev 013102 •