10/1980-12/1980 Zoning Ordinance

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in addition to permits permitted by state agencies under the Statutes for any fill- ing or grading of any area which is within three hundred (300) feet of a navigable body of water and which has surface drainage toward the water and on which there is filling or grading of more than 1,000 square feet of area. In passing on a Special Exception Permit, the Board of Adjustment shall evaluate the effect of the proposal on possible water pollution including erosion and sedimentation, maintenance of safe and healthful conditions. This provision shall not apply to soil conservation prac- tices such as terraces, run-off diversion, grassed waterways constructed for sedi- ment retardation. (h) Construction of lagoons connected to a navigable body of water for the purpose of private development shall be prohibited. A Special Exception Permit shall be re- quired before construction or dredging of any other artificial waterway, canal, ditch, lagoon pond, lake or similar waterway which is within three hundred (3 0) feet of a navigable body of water. In passing on a Special Exception Permit, the Board of Adjustment shall evaluate the effect of the proposal on erosion and sedimentation both during construction and thereafter, water quality, stream flow, fish life, acquatic plants, and flooding, and evaluate the measures proposed to prevent harm- ful changes. __ (8) SCREENING (a) Screening shall consist of either a planted evergreen screen at least 6 feet in width and initially landscaped with 4 foot tall evergreen shrubs to ultimately form a continuous hedge not less than 5 feet in height and maintained with healthy shrubs, or a decorative wall or fence without signs and impervious to sight not less than 6 feet nor more than 8 feet in height shall be maintained along the in- terior boundaries of any lot in the B-1, C-1, C-2, LC-1, LC-2, or M-1 Districts that are adjacent to land in the residence district to a point 15 feet from the street right-of-way. 10.17 SETBACK REGULATIONS For the purpose of determining the distance buildings and other structures shall be setback from streets and highways, the streets and highways in Dane County are divided into the following classes: (1) CLASS A HIGHWAYS (a) All state and federal highways are hereby classified Class A highways; also County Trunk S from the west city limits of the City of Madison to its intersection with the Beltline Highway. The provisions of subsection (b) hereof shall apply when- ever a right-of-way map for a new state or federal highway, or a right-of-way map and relocation order for the relocation of widening of an existing state of federal highway shall have been filed with the County Board and the County Highway Depart- ment by the State Highway Commission. (b) The setback line for a Class A highway shall be one hundred (100) feet from the centerline of the highway or forty-two (42) feet from the right-of-way line, which- ever is greater. (c) Service roads to Class A highways distant one hundred (100) feet from the center- line of said highways shall be considered Class C. D or E highways for the purpose of determining the setback along said service roads. (2) CLASS B HIGHWAYS (a) All county trunks except as otherwise herein provided, are hereby designated Class B highways. For the purpose of this ordinance any road will be considered as a county trunk after it has been placed on the county trunk system by the County Board and approved by the State Highway Commission. (b) The setback from Class B highways shall be seventy-five (75) feet from the center- line of such highway or forty-two (42) feet from the right-of-way line, whichever is greater. (3) CLASS C HIGHWAYS (a) All town roads not included within the boundaries of a recorded subdivision or plat, are hereby designated Class C highways. (b) For all Class C highways setback lines are hereby established, parallel to and dis- tant sixty-three (63) feet from the centerline of such highway or thirty (30) feet from the right-of-way line, whichever is greater; provided, however, that in the case of a service road, contiguous to the right-of-way of a main highway, where buildings can be built on only one side of such service road, the minimum setback shall be thirty (30) feet, regardless of the width of such service road; and pro- vided further, that if such service road shall be a street in a platted subdivision, then the setback provisions governing such platted street shall apply. - 38 -