This article is established to further the maintenance of safe and healthful conditions, prevent and control water pollution, protect fish and aquatic life by controlling building sites, the placement of structures and land uses and reserving shore cover and natural beauty for all waterfront and shoreland development. For the purposes of this article, these provisions shall apply to all shoreland area property, as defined in section 28-447, in the village.

(Code 1989, § 13-1-35(1); Ord. of 10-5-2004, § 13-1-35(1))

The provisions of this article apply to lots which abut navigable waters as "navigable waters" is defined in Wis. Stats. § 144.26(2)(d).

(Code 1989, § 13-1-35(2); Ord. of 10-5-2004, § 13-1-35(2))

In addition to the definitions listed in section 28-3, for the purposes of this article, the following terms shall have the meaning stated below:

Boat storage structure means any structure designed solely for the purpose of protecting or storing boats and aquatic equipment for noncommercial purposes.

Boathouse means any structure designed solely for the purpose of protecting or storing boats for noncommercial purposes.

Development means any manmade change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; and the placement of mobile homes.

Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.

Rear lot line means the rear lot line shall be the ordinary high-water mark.

Rear yard means the rear yard shall be the yard extending the full width of the lot between the nearest part of the ordinary high-water mark to the nearest part of the principal building.

(Code 1989, § 13-1-35(3); Ord. of 10-5-2004, § 13-1-35(3))

The following are the dimensional requirements for building sites:

(1)

Lots not served by public sanitary sewer.

a.

Lot size.

1.

Minimum lot area: 20,000 square feet.

2.

Minimum lot width: The minimum lot width shall be 100 feet. The minimum lot width shall be satisfied at the building line.

b.

Yards.

1.

Front yard setback. Dimensional requirements for the front yard setback shall be the same as those required by the underlying zoning district in which the lot is located.

2.

Side yard setback. Dimensional requirements for the side yard setback shall be the same as those required by the underlying zoning district in which the lot is located.

3.

Rear yard setback. See sections 28-451 and 28-452.

(2)

Lot served by public sanitary sewer.

a.

Lot size; area and width. Dimensional requirements shall be the same as those required by the underlying zoning district in which the lot is located.

b.

Yards.

1.

Front and side yard setbacks. Dimensional requirements shall be the same as those required by the underlying zoning district in which the lot is located.

2.

Rear yard setback. See sections 28-451 and 28-452.

(Code 1989, § 13-1-35(4); Ord. of 10-5-2004, § 13-1-35(4))

(a)

Substandard lots served by a public sanitary sewer. A substandard lot served by a public sanitary sewer which is at least 8,000 square feet in area and is at least 75 feet in width at the building setback line and at least 75 feet in width at the waterline may be used as a building site upon issuance of a zoning permit by the zoning administrator if it meets all of the following requirements:

(1)

Such use is permitted in the zoning district.

(2)

The lot was on record in the county register of deeds office prior to the effective date of the ordinance from which this article is derived.

(3)

The lot was in separate ownership from abutting lands prior to the effective date of the ordinance from which this article is derived. If abutting lands and the substandard lot were owned by the same owner as of the effective date of the ordinance from which this article is derived, the substandard lot shall not be sold or used without full compliance with the terms of this article, including minimum area and width requirements found in section 28-449.

(4)

All the dimensional requirements of this article, including side yard and setback requirements, will be complied with insofar as practical.

(b)

Substandard lots not served by public sanitary sewer. A substandard lot not served by public sanitary sewer, which is at least 20,000 square feet in area and at least 90 feet in width at the building setback line and at least 90 feet in width at the water's edge, may be used as a building site upon issuance of a zoning permit by the zoning administrator if it meets all of the requirements of subsection (a) of this section and if it meets the requirements of the the county ordinances governing land use and development.

(Code 1989, § 13-1-35(5); Ord. of 10-5-2004, § 13-1-35(5))

(a)

Septic tanks, seepage pits and soil absorption fields. Septic tanks, seepage pits and soil absorption fields shall be set back a minimum of 75 feet from the ordinary high-water mark.

(b)

Lots that abut on navigable waters. All buildings and structures, except docks, portable piers, stairways and one boat storage structure as provided for in subsection (c) of this section which require a lesser setback, shall be set back a minimum of 75 feet from the ordinary high-water mark. The 75-foot setback shall be determined by measuring the closest part of the ordinary high-water mark to the closest part of the building or structure.

(c)

Boat storage structures. Not more than one boat storage structure per lot shall be permitted, provided such structure conforms to all of the following conditions:

(1)

The boat storage structure shall be set back not less than ten feet from the ordinary high-water mark.

(2)

The boat storage structure shall not exceed eight feet in height nor 400 square feet in size.

(3)

Excavations for boat storage structures on slopes exceeding 20 percent shall not employ heavy equipment.

(4)

The boat storage structure shall be used solely for storage of aquatic equipment, shall be of such color as not to detract from the natural appearance of the shoreline, and shall not be used for human habitation.

(Code 1989, § 13-1-35(6); Ord. of 10-5-2004, § 13-1-35(6))

A setback of less than or greater than that required by section 28-451 shall be required by the administrator where there is at least one main building on either side of the applicant's lot within 200 feet of the proposed site that is built to less than or greater than the required setback. In such case, the setback shall be the average of the setbacks of the nearest main building on each side of the proposed site or if there is an existing main building on only one side, the setback shall be the average of the existing building's setback and the required setback. Any other setback may be permitted by the village board of appeals according to article XIV of this chapter upon written finding of unnecessary hardship. In no case shall any reduction be granted hereunder which would allow placement of structures within a defined floodway.

(Code 1989, § 13-1-35(7); Ord. of 10-5-2004, § 13-1-35(7))

(a)

General standards. Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under subsection (b) of this section is permitted in the shoreland area, provided that:

(1)

It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.

(2)

A state or federal permit is obtained in addition to a permit under this article if state or federal laws require the issuance of a permit for the filling, grading, lagooning, dredging, ditching or excavating that is proposed.

(3)

Any fill placed in the shoreland area is protected against erosion by the use of riprapping, vegetative cover or a bulkhead.

(b)

Permit required. Except as provided in subsection (c) of this section, a conditional use permit is required:

(1)

For any filling or grading of the bed of a navigable body of water.

(2)

For any filling or grading of any area which is within 300 feet of the ordinary high-water mark of a navigable body of water and which has surface drainage toward the water and on which there is either:

a.

Filling or grading where a single area of more than 100 square feet is exposed or where the cumulative exposed areas exceeds 300 square feet.

b.

Any filling or grading on slopes of 20 percent or more.

c.

Filling or grading of more than 1,000 square feet on slopes of 12 percent to 20 percent.

d.

Filling or grading of more than 2,000 square feet on slopes of 12 percent or less.

(3)

Before constructing, dredging or commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet of the ordinary high-water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.

(c)

Soil conservation practices. Soil conservation practices, such as terraces, runoff diversions and grassed waterways, which are used for sediment retardation shall not require a permit under subsection (b) of this section.

(d)

Permit conditions. In granting a conditional use permit under subsection (b) of this section, the planning commission shall attach the following conditions, where appropriate:

(1)

The smallest amount of bare ground shall be exposed for as short a time as feasible.

(2)

Temporary ground cover, such as mulch, shall be used and permanent cover, such as sod, shall be planted.

(3)

Diversion, silting basin, terraces and other methods shall be used to trap sediment.

(4)

Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions.

(5)

Fill shall be stabilized according to accepted engineering standards.

(6)

Fill shall not restrict a floodway or destroy the storage capacity of a floodplain.

(7)

Sides of a channel or artificial watercourse shall be stabilized to prevent slumping.

(8)

Sides of channels or artificial watercourses shall be constructed with slopes (sides) of two units horizontal distance to one unit vertical or flatter, unless bulkheads or riprapping are provided.

(Code 1989, § 13-1-35(8); Ord. of 10-5-2004, § 13-1-35(8))

The lawful use of a building, structure or property existing at the time the ordinance from which this article or article amendment is derived takes effect, which is not in conformity with the provisions of this article, may be continued, including the maintenance of such a building or structure, subject to the provisions of article VII of this chapter.

(Code 1989, § 13-1-35(9); Ord. of 10-5-2004, § 13-1-35(9))

The zoning administrator shall be responsible for determining questions of navigability and the location of the ordinary high-water mark. In the case of lakes which have significantly fluctuating water levels, the normal high water elevation shall be determined by the administrator at the highest level which occurs with reasonable regularity. The administrator may contact the appropriate district office of the department of natural resources for assistance when the determination of navigability or ordinary high-water mark is difficult. Determinations of the administrator shall be subject to appeal to the village board of appeals as provided in article XIV of this chapter.

(Code 1989, § 13-1-35(10); Ord. of 10-5-2004, § 13-1-35(10))