|
I
<br /> Chapter 11
<br /> conditions are met and that a permit is granted by other county zoning base maps, and all lands which .
<br /> the board of adjustment. are within 300 feet of the ordinary high-water mark
<br /> (13) Wetlands means those areas where water is at, or landward side of the flood plain of the navigable
<br /> near or above the land surface long enough to be reaches of rivers and streams. Rivers and streams
<br /> capable of supporting aquatic or hydrophytic shall be presumed to be navigable if they are {
<br /> vegetation and which have soils indicative of wet designated as either continuous or intermittent
<br /> conditions. waterways on U.S.G.S. Quadrangle Maps or other
<br /> [History: 11.015 cr., Sub. 1 to OA 47, 1993-94, zoning base maps which have been incorporated by r
<br /> pub.03/22/95.] reference and made a part of the ordinance in section
<br /> 10.03 of this ordinance.
<br /> 11.02 SHORELAND DISTRICT. (b) The county zoning administrator shall
<br /> (1) Authority: This shoreland protection section is make the initial determination of whether or not a
<br /> adopted pursuant to the authorization found in lake,pond flowage,river or stream is navigable. 1
<br /> sections 59.07(51), 59.97, 59.971, 87.30 and 144.26, (c) The county zoning administrator shall
<br /> Wis. Stats. make the initial determination of the location or _
<br /> (2) Legislative Finding: The county board does elevation of the ordinary high-water mark.
<br /> find that the uncontrolled use of the shorelands and (d) When the navigability or ordinary
<br /> pollution of the navigable waters of Dane County high-water mark is questionable the zoning
<br /> adversely affect the public health, safety, administrator shall contact the appropriate
<br /> convenience, and general welfare and impair the tax department of natural resources office for assistance -
<br /> base. The legislature of Wisconsin had delegated in making the determination. l
<br /> responsibility to the counties to further the
<br /> maintenance of safe and healthful conditions; 11.03 SHORELAND REGULATIONS.
<br /> prevent and control water pollution; protect (1) Lot area, width and density: Area, width and
<br /> spawning grounds, fish and aquatic life; control . density requisites for lots located in shoreland areas -��
<br /> building sites,placement of structures and land uses; shall not be less than those required in section
<br /> ■
<br /> and, preserve shore cover and natural beauty, and 10.05(4) and (5), R-1 Residence District, section
<br /> this responsibility is hereby recognized by Dane 10.16(3), General Provisions and Exceptions of -
<br /> County. Chapter 10 of the Dane County Code of Ordinances.
<br /> (3) Statement of purpose: For the purpose of (2) Setback from ordinary high-water mark: -
<br /> promoting and protecting the public health, safety, (a) Setbacks for all principal buildings
<br /> convenience and general welfare to: prevent and and structures, except piers, hoists and boathouses 1
<br /> control water pollution; protect fish spawning shall be not less than seventy-five (75) feet,
<br /> grounds,fish and aquatic life, control building sites, measured horizontally, from an ordinary high-water
<br /> placement of structures, preserve shore cover and mark unless otherwise specified by the County Flood
<br /> natural beauty. Plain Zoning Ordinance provisions. '1
<br /> (4) Compliance: Unless specifically exempted by (b) Reduced setback: Proposed primary
<br /> law, all cities, villages, towns and counties are buildings which will be located within 200 feet of
<br /> required to comply with this ordinance and obtain all existing primary building(s),which have a setback of
<br /> necessary permits. State agencies are required to less than 75 feet, may have a reduced setback as —'
<br /> comply when-section 13.48(13),Wis.Stats.applies. follows:
<br /> The construction, reconstruction, maintenance and 1. Where there is a primary building on each }
<br /> repair of state highways and bridges by' the side of the proposed site,the setback for the proposed
<br /> Wisconsin Department of Transportation are exempt building shall be the average of the setbacks of the
<br /> when section 30.12(4)(a), Wisconsin Statutes, existing buildings.
<br /> applies. 2. If there is an existing primary building on
<br /> (5) County Jurisdiction: only one side, the setback for the proposed building
<br /> (a) Shoreland areas shall include all lands in shall be the average of the inquired(75')setback and
<br /> the unincorporated areas of Dane County which are the existing building's setback.
<br /> within 1,000 feet from the ordinary high-water mark 3. Other setbacks may be permitted by the board
<br /> of navigable lakes, ponds or flowages listed in the of adjustment as per section 10.26(6)(c), Dane
<br /> "Surface Water Resources of Dane County" County Zoning Ordinance.
<br /> published by the Wisconsin Department of Natural (3) Boathouses:
<br /> Resources, or so designated on the United States (a)Boathouses shall not be constructed below
<br /> Geological Survey Quadrangle Maps, or included on the ordinary high-water mark.
<br /> i
<br /> Page 52
<br /> 1f
<br />
|