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Chapter 11
<br /> to the authorization found in sections "59.07(51), (b) The county zoning administrator shall
<br /> 59.97,59.971, 87.30 and 144.26,Wis. Stats. make the initial determination of whether or not a
<br /> (2) Legislative finding: The county board does lake,pond flowage,river or stream is navigable.
<br /> fmd that the uncontrolled use of the shorelands (c) The county zoning administrator shall
<br /> and pollution of the navigable waters of Dane County make the initial determination of the location or '
<br /> adversely affect the public health, safety, elevation of the ordinary high-water mark.
<br /> convenience, and general welfare and impair the tax (d) When the navigability or ordinary high-
<br /> base. The legislature of Wisconsin had delegated water mark is questionable the zoning administrator
<br /> responsibility to the counties to further the shall contact the appropriate department of natural
<br /> maintenance of safe and healthful conditions; prevent resources office for assistance in making the -
<br /> and control water pollution; protect spawning determination.
<br /> grounds, fish and aquatic life; control building sites,
<br /> placement of structures and land uses; and, preserve 11.03 SHORELAND REGULATIONS. (1) Lot
<br /> shore cover and natural beauty, and this responsibility area, width and density: Area, width and density I
<br /> is hereby recognized by Dane County. requisites for lots located in shoreland areas shall not
<br /> (3) Statement of purpose: For the purpose of be less than those required in section 10.05(4) and
<br /> promoting and protecting the public health, safety, (5), R-1 rfesidence district, section 10.16(3), general
<br /> convenience and general welfare to: prevent and provisions and exceptions of chapter 10 of the Dane
<br /> control water pollution; protect fish spawning County Code of Ordinances.
<br /> grounds, fish and aquatic life, control building sites, (2) Setback from ordinary high-water mark:
<br /> placement of structures, preserve shore cover and (a) Setbacks for all principal buildings and
<br /> natural beauty. structures, except piers, hoists and boathouses shall
<br /> (4) Compliance: Unless specifically exempted by be not less than seventy-five (75) feet, measured
<br /> law, all cities, villages, towns and counties are horizontally, from an ordinary high-water mark
<br /> required to comply with this ordinance and obtain all unless otherwise specified by the county flood plain i__
<br /> necessary permits. State agencies are required to zoning ordinance provisions.
<br /> comply when section 13.48(13), Wisconsin Statutes, (b) Reduced setback: Proposed primary
<br /> applies. The construction, reconstruction, buildings which will be located within 200 feet of i _
<br /> maintenance and repair of state highways and bridges existing primary building(s), which have a setback of
<br /> by the Wisconsin Department of Transportation are less than 75 feet, may have a reduced setback as -,
<br /> exempt when section 30.12(4)(a), Wisconsin Statutes, follows: I
<br /> applies. 1. Where there is a primary building on each side
<br /> (5) County jurisdiction: of the proposed site, the setback for the proposed
<br /> (a) Shoreland areas shall include all lands in building shall be the average of the setbacks of the 1 1
<br /> the unincorporated areas of Dane County which are existing buildings.
<br /> within 1,000 feet from the ordinary high-water mark 2. If there is an existing primary building on only
<br /> of navigable lakes, ponds or flowages listed in the one side, the setback for the proposed building shall
<br /> "Surface Water Resources of Dane County"published be the average of the required (75') setback and the
<br /> by the Wisconsin Department of Natural Resources, existing building's setback.
<br /> or so designated on the United States Geological 3. Other setbacks may be permitted by the board l
<br /> Survey Quadrangle Maps, or included on other of adjustment as per section 10.26(6)(c), Dane
<br /> county zoning base maps, and all lands which are County Zoning Ordinance.
<br /> within 300 feet of the ordinary high-water mark or (3) Boathouses:
<br /> landward side of the flood plain of the navigable (a) Boathouses shall not be constructed below
<br /> reaches of rivers and streams. Rivers and streams the ordinary high-water mark.
<br /> shall be presumed to be navigable if they are (b) Boathouses shall not be utilized for.
<br /> designated as either continuous or intermittent human habitation.
<br /> waterways on U.S.G.S. Quadrangle Maps or other (c) Height of a boathouse shall be measured
<br /> zoning base maps which have been incorporated by vertically from the ordinary high-water mark.
<br /> reference and made a part of the ordinance in section Railings may be placed on top of the boathouse
<br /> 10.03 of this ordinance. I
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<br /> Page 58
<br /> Revised 4-30-97
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