1971 Zoning Ordinance - Laserfiche WebLink

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SECTION 10.16 75 feet from the high water mark on a lot or parcel. of land is prohibited in shoreland areas, and no building permit for a building or structure shall be issued for property so situated where more than twenty (20) per cent of the trees have been removed since the date of adoption of this provision, provided, however, that at the discretion of the property owner removai of dead, diseased or dying trees, or silvicultural thinning shall be permitted. In addition, removal of trees in excess of twenty (20) per cent may be permitted by the Board of Adjustment as a special exception. In passing on a special exception permit, the Board of Adjustment shall, in so far as practicable, protect scenic beauty, control erosion and reduce effluent and nutrient flow from:the shoreland. (g) Filling and grading which would result in substantial detriment to navi- gable waters by reason of erosion, sedimentation, or impairment of fish or aquatic life is prohibited. A special exception permit from the Board of Adjustment shall be required in addition to,permits required by state agencies under the Statutes for any filling or grading of the bed of a navigable body of water, or for any filling 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, maintainance of safe and healthful conditions. This provision shall not apply,to soil conservation practices such as terraces, run off diversions, grassed waterways constructed for sediment 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 required before construction or dredging any other artificial waterway, canal, ditch, lagoon; p€znd, lake or similar waterway which is within three hundred (300) 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, acuuatic plants, and flooding, and evaluate the measures proposed to prevent harmful changes. Section 7, Section IX of the ordinance of July 20, 1938, the title to which is recited in the title to this ordinance, is hereby renumbered to be Section 10.17, and as so renumbered is amended to read: 10.17 SETBACK REGULATIONS For the purpose of determining the be set back from streets and highways, divided into the following classes: (1) CLASS A HIGHWAYS distance buildings and other structures shall the streets and highways in Dane County are (a) All state and federal highways are hereby classified County Trunk S from the west city limits of the City of Madison - 31 - Class A highways; also to its inter-