The purpose of this article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in article II of this chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include mandatory protections against natural hazards and mandatory protections of valued natural resources and habitats. Each overlay district is intended to implement one or more aspects of the comprehensive plan and to ensure compliance with federal and state requirements.

(Ord. No. 090412-02, § 1, 9-4-2012)

A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district (see article II). For each overlay district established in this article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the mandatory development regulations. See section 18-103, below, for a description of the use of resource mapping provided by government agencies to suggest the location of resources on a specific parcel, and the requirement for detailed delineation informed by on-site investigation, surveying, and mapping of each suggested resource.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 120621-03, § 1, 12-6-2021)

For the purpose of this chapter, the following overlay zoning districts are hereby established:

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 120621-03, § 15, 12-6-2021)

(a)

Introduction. Except where otherwise indicated in this article, the overlay zoning districts for the Village of Fontana are represented on the official overlay zoning map, adopted and from time to time amended by the Village of Fontana.

(b)

Suggested boundaries for overlay zoning districts. This map and its layers of information depict the suggested boundaries of each overlay zoning district. These suggested boundaries require refinement to survey and delineate the precise location of the boundary on parcels subject to development activity, per subsection (c), below. These suggested boundaries are provided on maps published by agencies including Federal Emergency Management Agency (FEMA), United States Geological Survey (USGS), Wisconsin Department of Natural Resources (WisDNR), the Southeast Wisconsin Regional Planning Commission (SEWRPC), and Walworth County.

(c)

Refinement of overlay zoning district boundaries by on-site delineation. Because the mapping of environmental and cultural resource areas protected by the Village of Fontana as provided by county, state, and federal sources is general and not provided at a surveyed level of accuracy, the boundary of each resource on a parcel proposed for development activity that is identified on the village's map of overlay zoning districts and online map viewer shall be subject to a site visit and staking of each resource boundary located on the parcel. This staking shall be conducted by an expert in the resource officially recognized by the agency responsible for the general source mapping of that resource.

(1)

For the wellhead protection area, the staking shall be done by the village engineer.

(2)

For any archeological site mapped by the Wisconsin Department of Natural Resources, the staking shall be done by an expert recognized by that agency.

(3)

For any historical site mapped by the Wisconsin Historical Society, the staking shall be done by an expert recognized by that agency.

(4)

For any primary environmental corridor, secondary environmental corridor, or isolated natural feature mapped by the Southeastern Wisconsin Regional Planning Commission (SEWRPC), the staking shall be done by that agency.

(5)

For any wetland mapped by the Wisconsin Department of Natural Resources, the staking shall be done by an expert recognized by that agency.

(6)

For and floodway, flood fringe, or flood storage area identified by FEMA, for the ordinary high water mark (OHWM) of Geneva Lake, any steep slopes area, any woodland, and any stream or drainageway, the staking shall be done by a licensed surveyor or civil engineer.

(d)

The mapping of all resource area staking shall be conducted by a licensed surveyor of civil engineer, and all resource areas present on the parcel shall be depicted on all site plans, grading and erosion control plans, and stormwater management plans required for submittal to the village for development activity proposed for the parcel.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 120621-03, § 2, 12-6-2021)

Refer to article VIII for regulations applicable to the Floodway District.

(Ord. No. 090412-02, § 1, 9-4-2012)

Refer to article VIII for regulations applicable to the Floodfringe District.

(Ord. No. 090412-02, § 1, 9-4-2012)

Refer to article VIII for regulations applicable to the General Floodplain District.

(Ord. No. 090412-02, § 1, 9-4-2012)

Refer to article IX for regulations applicable to the Shoreland-Wetland District.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Purpose. This district is intended to preserve, protect, and enhance lakes, ponds, wetlands, woodlands, wildlife habitat areas, areas of rough topography, and related scenic areas. The preservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; protect wildlife habitat; protect native plant communities; avoid location of structures on soils which are generally not suitable for such use; control erosion and sedimentation; and maintain the natural beauty of the Village of Fontana.

(b)

District boundary. The EC District encompasses those areas delineated as primary and secondary environmental corridors and isolated natural features by SEWRPC, as amended from time to time. As SEWRPC updates and posts their Environmental Corridor map of the Village of Fontana-on-Geneva Lake, said new maps shall then be added as an update to the EC District on the Official Zoning Map without additional action or approval. The current boundaries of the EC District are depicted on the Official Zoning Map. Refinement of these suggested boundaries is required by consulting the latest SEWRPC maps and by on-site delineation. See section 18-103.

(c)

Components of environmental corridors. Environmental corridor lands contain the following natural resource components: natural streams and natural drainageways; steep slopes (greater than 12 percent); woodlands; archaeological and historic sites; floodplains; and wetlands.

(d)

Permitted uses. The following uses are permitted in the EC District:

(1)

Construction and maintenance of fences, piers, docks, walkways, including those built on pilings.

(2)

Hiking, fishing, trapping, hunting, swimming, and boating, unless prohibited by other laws or ordinances.

(3)

Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, syrup, tree fruits and tree seeds in a manner that is not injurious to the natural reproduction of such crops and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.

(4)

Silviculture, including the planting, thinning, and harvesting of timber, provided that no filing, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.

(5)

Existing agricultural uses, provided that they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided, that they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.

(6)

Ditching, tilling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system, only to the extent necessary to maintain the level of drainage required to continue the agricultural use.

(7)

Maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

(8)

Forest and game management.

(9)

Park and recreational activities and recreational trails.

(10)

Preservation of scenic, historic, natural areas and critical species habitat sites.

(11)

Grading, filling, and slope stabilization methods and structures such as retaining walls (including the removal of vegetation in such areas) used to remove, reduce, and stabilize steep slope areas as depicted on a grading and erosion control plan approved by the village engineer.

(e)

Conditional uses. The following uses are permitted as conditional uses within the EC District:

(1)

Passive recreational uses.

(2)

Public services and utilities.

(3)

Land disturbing activity (other than grading, filling, and slope stabilization per (f)(11) above), meeting the requirements of this section.

(f)

Development regulations within the EC District. Development may be accommodated in the upland portions of the EC District (not located within a floodway, floodplain, flood storage area, or the buffer of a wetland, lake, pond, navigable stream, or other drainageway) as a conditional use. The following provisions shall apply:

(1)

All development shall comply with all of the requirements of the underlying standard zoning district, all other applicable overlay zoning districts, and the requirements of this section specific to the EC District.

(2)

All land disturbing activities shall comply with village land division regulations and the construction and erosion control ordinance.

(3)

Development does not result in significant adverse water quality impacts or erosion potential as determined by the village engineer.

(4)

Development of the remaining environmental corridor lands is prohibited by a conservation easement or deed restriction in a manner approved by the village attorney.

(5)

The development shall not threaten the environmental integrity or function of the remaining corridor.

(6)

Development is compact rather than scatted in nature.

(7)

No structures shall be erected within the separation distances specified in subsection (g), below.

(8)

No lands shall be disturbed within the separation distances specified in subsection (g), below.

(9)

No vegetation shall be removed from the separation distances specified in subsection (g), below, except for invasive, non-native, dead or diseased vegetation. All development shall meet the separation distance requirements in subsection (g), below.

(10)

The maximum density occurring within any new buildable lots shall be limited to a maximum of one dwelling unit per five acres. (See SEWRPC guidelines for development considered compatible with environmental corridors and isolated natural resource areas.)

(g)

Separation distance requirements.

(1)

The disturbed or developed area shall be located a minimum of ten feet from woodlands.

(2)

The disturbed or developed area shall be located a minimum of 20 feet from steep slopes.

(3)

For the required setback of disturbed or developed areas from wetlands, floodplains, Geneva Lake, navigable water, navigable streams, and other drainageways that are not mapped as navigable streams, see subsection 18-110(b).

(h)

Pre-existing lots. Single-family development (including principal structures, accessory structures, and paved areas) may be permitted on existing conforming lots of record or substandard lots of record with blanket conforming status per subsection 18-93(2) through the conditional use process in instances where such development is proposed within the separation distances specified in subsection (g), above. Such conditional use application shall demonstrate to the satisfaction of the plan commission and village board that all proposed development will have minimal adverse environmental impacts.

(i)

Tree cutting and shrubbery clearing limited. Lands lying within the EC District shall not be clear cut of trees, shrubbery or underbrush. No more than ten percent of the natural vegetation shall be removed from a parcel. Areas not occupied by structures or driveways shall be replanted with other vegetation that is equally effective in retarding runoff, preventing erosion, and preserving natural beauty. Normal pruning, trimming and shearing of vegetation; removal of dead, diseased, insect-infested vegetation; and silvicultural thinning conducted under the recommendation of a forester shall be exempt from this restriction.

(j)

Enforcement.

(1)

Penalty. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided by the Village of Fontana Municipal Code.

(2)

Injunction. The village may, in addition to any other remedy, seek an injunction or restraining order against the party alleged to have violated the provisions of this section.

(3)

Restoration costs. The person in violation of this section shall perform mitigation measures, such as reforestation per section 18-177, wetland enhancements, erosion mitigation, or slope stabilization as determined appropriate by the village. As a substitute for, or in addition to any other action, the village may commence legal action against the person in violation of this section.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 120621-03, § 3, 12-6-2021; Ord. No. 080723-02, § 1, 8-7-2023; Ord. No. 021224-02, § 1, 2-12-2024)

(a)

Purpose. Residents in the Village of Fontana-on-Geneva Lake depend exclusively on groundwater from groundwater aquifers underlying the village for a safe water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of the WP District is to establish land use regulations and restrictions in order to protect the village's water supply and well fields, and to promote the health, safety and general welfare of the residents of the village. Statutory authority of the village to enact these regulations was established by Wis. Stats. § 62.23(7)(a) and Wis. Stats. § 62.23(7)(c). Under these statutes, the village has the authority to enact the ordinance codified in this chapter, effective within the incorporated areas of the village.

(b)

Definitions.

(1)

Cleanup costs. All costs directly associated with the release of contaminants in violation of this section, including, but not limited to, the cost of any consultants or professionals hired by the village or village employees, the cost of contractors hired by the village or village employees, village costs for oversight, review, documentation and administration of a cleanup effort, and all costs incurred by the village in prosecuting an alleged violation of this chapter or in bringing a court action for injunctive or other legal relief as provided for in this section.

(2)

Discharge. Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a regulated substance into the waters or lands of the state.

(3)

Hazardous chemicals. Chemicals identified by OSHA under 40 CFR Part 370.

(4)

Person. Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency, or an agent or employee thereof.

(5)

Regulated substances. Chemicals and chemical mixtures that are or may be health hazards. Health hazards for chemicals and chemical mixtures are typically identified on material safety data sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption by humans or animals are not considered regulated substances. Regulated substances include, but are not limited to the following:

a.

Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, "Health Hazard Definitions (Mandatory)," and any future amendments thereto.

b.

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

c.

Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises one percent or greater of the composition on a weight per unit weight basis.

d.

Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1 percent or greater of the composition on a weight per unit weight basis.

e.

Ingredients of mixtures prepared within the WP district in cases where such ingredients are health hazards but comprise more than 0.1 percent of the mixture on a weight per unit basis of carcinogenic, or more than 1.0 percent of the mixture on a weight per unit weight basis if noncarcinogenic.

f.

Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids used in equipment for transmission of electric power to homes and businesses).

(c)

Designation of Wellhead Protection Overlay District boundaries. The WP District shall include property located, in whole or in part, in those areas described in Exhibit A, attached to Ordinance No. 10-01-07-01 and incorporated herein by reference, and depicted on the official zoning map for the village. Refinement of the boundaries are required by on-site delineation. See section 18-103.

(d)

Permitted uses. Subject to the limitation on available uses set forth in the underlying, basic zoning district, the following are exclusive permitted uses within the WP District, subject to the separation distances requirement set forth in subsection (h)(3), below:

(1)

Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems or holding tanks.

(2)

Wildlife and natural and woodland areas.

(3)

Biking, hiking, skiing, nature, equestrian and fitness trails.

(4)

Municipally sewered residential development.

(5)

Residential use of above ground LP gas tanks for heating, not to exceed 1,000 gallons.

(6)

Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances do not exceed 20 gallons or 160 pounds at any time.

(e)

Conditional uses. Subject to the limitation on available uses set forth in the underlying, basic zoning district, the following are conditional uses within the Wellhead Protection Overlay zoning district, subject to the separation distance requirement set forth at subsection (h)(3) herein:

(1)

Nurseries for ornamental plants, green houses, and associated retail sales outlets.

(2)

Pesticide and fertilizer storage and use associated with a permitted use or conditional use.

(3)

Golf courses.

(4)

Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances do not exceed 20 gallons or 160 pounds at any time.

(5)

Subject to the prohibition against underground storage tanks set forth herein, motor vehicle services, including service stations, automobile repair and/or renovation, and automobile body working.

(f)

Conditional use procedure. In addition to those procedures set forth more specifically in section 18-246, any conditional use application for a use listed in this section shall first be submitted for review and an advisory, nonbinding recommendation by the wellhead protection review committee to the plan commission. For purposes of this section, the wellhead protection review committee shall be comprised of the public works director, village engineer, and the village administrator. The wellhead protection review committee may establish written procedures not inconsistent with the terms of this section governing their role in the conditional use process; provided, however, that the following requirements shall be met for all conditional use permits issued for conditional uses listed in this WP District and to be undertaken within the boundaries of the WP District:

(1)

No conditional use permit shall be issued for any conditional use listed in the WP District without first obtaining an advisory recommendation by the wellhead protection review committee.

(2)

The wellhead protection review committee shall make its recommendation within 30 days following receipt of both an application for a conditional use permit and all information deemed necessary by the wellhead protection review committee in order to render a decision.

(g)

Prohibited uses. All uses not otherwise listed as a permitted use in subsection (d), above, or listed as a conditional use pursuant to subsection (e), above, shall be prohibited uses within the WP District, including, but not limited to the following uses:

(1)

Cemeteries.

(2)

Chemical manufacturers.

(3)

Coal storage.

(4)

Industrial lagoons and pits.

(5)

Landfills and any other solid waste facility, except postconsumer recycling.

(6)

Manure and animal waste storage.

(7)

Mining, including sand and gravel pits.

(8)

Pesticide and fertilizer dealership, pesticide and fertilizer transfer facility or pesticide and fertilizer storage facility not incidental to a permitted use or an approved conditional use.

(9)

Railroad yards and maintenance stations.

(10)

Rendering plants and slaughterhouses.

(11)

Salt or deicing material storage.

(12)

Salvage or junk yards.

(13)

Septage or sludge spreading, storage or treatment.

(14)

Septage, wastewater or sewage lagoons.

(15)

Private on-site wastewater treatment systems or holding tanks.

(16)

Stockyards and feedlots.

(17)

Stormwater filtration basins without pretreatment, including vegetative filtration and/or temporary detention.

(18)

Wood preserving operations.

(19)

Underground hydrocarbon, petroleum or hazardous chemical storage tanks.

(20)

Dry cleaners.

(h)

Requirements for existing facilities which may cause or threaten to cause environmental pollution.

(1)

Existing facilities within the WP District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, the WisDNR draft or current list of "Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution," Wisconsin Department of Commerce's list of underground storage tanks, list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in prohibited uses, subsection (g) above, or a conditional use in subsection (e) above, all of which are incorporated herein as if fully set forth:

a.

Such facilities as listed above cannot engage in or employ a use, activity, or structure listed in prohibited uses, subsection (g), or in conditional uses, (e), which they did not engage in or employ at the time of enactment of a district and can only expand, replace or rebuild those present uses, activities, equipment or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity or structure listed as a prohibited use or conditional use shall be expanded, replaced or rebuilt unless a conditional use permit is granted for such expansion, replacement or rebuilding. This section does not apply to normal maintenance or minor repairs.

(2)

Additional regulations within the WP District.

a.

No person shall intentionally or negligently discharge or cause the discharge of a regulated substance within the WP District.

b.

In addition to any reporting requirement imposed by state or federal law, any person with direct knowledge of a spill, leak, or discharge of a regulated substance, within the WP District shall, if such spill, leak, or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the village fire department utilizing the 911 service and give notice to the public works director by telephone within 30 minutes. The notification shall include, at a minimum, the location of the incident, name and telephone number of the contacting party, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken.

c.

Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the village in response to such an incident, in addition to the amount of any fines imposed on account thereof under state and federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.

(3)

Separation distance requirements. The separation distance requirement specified in Wis. Admin. Code Ch. NR 811.16(4)(d), shall be maintained, including, but not limited to the following:

a.

Fifty feet between a well and a storm sewer main.

b.

Two hundred feet between a well and any sanitary sewer main, sanitary sewer manhole, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current AWWA C600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.

c.

Four hundred feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.

d.

Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the department of commerce or its designated agent under Wis. Admin. Code Comm. § 10.10.

e.

One thousand feet between a well and land application of municipal, commercial or industrial waste; the boundaries of a land spreading facility for spreading petroleum-contaminated soil regulated under Wis. Admin. Code Ch. NR 718, while that facility is in operation; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.

f.

One thousand two hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wis. Admin. Code Ch. NR 140 enforcement standards that is shown on the department of commerce's geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the department of commerce or its designated agent under Wis. Admin. Code Comm. § 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

(4)

Excessive use of fertilizer. No agricultural crop production shall apply fertilizer in amounts in excess of soil test recommendations produced by the University of Wisconsin or the University of Wisconsin Extension for that field. Such tests shall account for nutrients from existing crops and manure in determining crop nutrient need.

(i)

Enforcement.

(1)

Penalty. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided by the Village of Fontana Municipal Code.

(2)

Injunction. The village may, in addition to any other remedy, seek an injunction or restraining order against the party alleged to have violated the provisions of this section, the cost of which shall be charged to the defendant in such action.

(3)

Cleanup costs. As a substitute for, or in addition to any other action, the village may commence legal action against both the person who spills, leaks or discharges a regulated substance in violation of this chapter and the owner of the facility whereupon the regulated substance was spilled, leaked or discharged to recover the costs of any alleged violation of this section, together with the costs of prosecution. The person who spills, leaks or discharges such regulated substances in violation of this section and the person who owns the facility whereon the regulated substances have been spilled, leaked or discharged shall be jointly and severally responsible for the cost of cleanup.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 120621-03, § 4, 12-6-2021)

(a)

Purpose. This district is intended to set forth requirements for the protection of the water quality and environmental integrity of Geneva Lake, and other lakes, streams, drainageways, and wetlands of less than five acres. This zoning district recognizes that the uncontrolled use and pollution of the land margins of lakes, navigable streams, other drainageways, and wetlands under five acres in size would adversely affect the public health, safety, convenience, and general welfare, and impair the tax base of the Village of Fontana. The village finds that protection of these areas as required by this section will promote the public health, safety, convenience, and general welfare; reduce water pollution by:

(1)

Protect the public and the environment from the harmful effects of construction site erosion through stormwater management zoning controls as provided for in Wis. Stats. § 61.354(2);

(2)

Providing vegetated buffers to filter sediments, nutrients, and contaminants in overland water flow infiltration feeding both surface and groundwater resources;

(3)

Protecting fish and wildlife by preserving habitats along surface water margins;

(4)

Prohibit certain uses detrimental to water margins;

(5)

Preserve ground cover and natural beauty by restricting site disturbance, paved areas, and structures.

(b)

District boundary. The WR District is defined as:

(1)

All lands within 75 feet from the ordinary high-water mark of waters classified by WisDNR as "exceptional resource waters" or "outstanding resource waters" including Geneva Lake, Potawatomi Creek, and Van Slyke Creek.

(2)

All lands within 50 feet of the ordinary high-water mark of any other navigable water (including lakes, navigable ponds, navigable streams, or other navigable features) as mapped by WisDNR.

(3)

All lands within 30 feet of the top-of-bank of any other drainageway mapped by WisDNR, SEWRPC, or USGS which are not mapped as navigable by WisDNR.

(4)

All lands within 30 feet of any wetland mapped by WisDNR of less than five acres in area.

(5)

The detailed mapping of the overlay district the boundaries are required by on-site delineation. See section 18-103.

(c)

Geneva Lake access. No lot in this overlay zoning district shall by deed, covenant, easement, or other device or agreement provide for access to Geneva Lake by other than the owner or legal occupant of the lot and his guests, except in the case of a public park or way, or public utility easement.

(d)

Regulations. In addition to any other applicable use, site, or sanitary restrictions and regulations, including the Floodplain (Article VIII) and Shoreland-Wetland Overlay Districts (Article IX), the following regulations shall apply to all areas within this district. If there are any conflicts between the Water Resources Protection Overlay Zoning District and the Floodplain (Article VIII) and Shoreland-Wetland Overlay Districts (Article IX) occurs, the Floodplain and Shoreland-Wetland Overlay Districts shall apply.

(1)

Tree cutting and shrubbery clearing.

a.

Tree and shrubbery cutting in an area parallel to the ordinary high-water mark, and extending 35 feet inland from all points along the ordinary high-water mark shall be limited in accordance with the following provisions:

1.

These activities shall be conducted in accordance with the Village of Fontana Zoning Ordinance.

2.

No more than 30 feet in any 100 feet, as measured along the ordinary high-water mark, may be clearcut to the depth of the 35-foot area.

3.

Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and preserving natural beauty.

b.

Any path, road or passage within the 35-foot area shall be constructed and surfaced so as to effectively control erosion and result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty. Paths and trails shall not exceed ten feet in width.

c.

From the inland edge of the 35-foot area to the outer limits of the shoreland, the cutting of trees and shrubbery shall only be allowed when accomplished using accepted forest management and soil conservation practices which protect water quality.

(2)

Earth movements. Earth movements involving stream course changing, waterway construction or enlargement, channel clearing, or removal of stream or lake bed materials are conditional uses requiring review, public hearing, and approval of a conditional use permit by the Village of Fontana Plan Commission and village board. However, such earth movements having a Wisconsin Department of Natural Resources permit under Wis. Stats. ch. 30, are exempt from this provision.

(3)

Shoreyard setback. All structures except piers, boat hoists, wharves, patios, bridges, dams, walkways, and stairways which are necessary to provide pedestrian access to the shoreline and such other exceptions as may be set forth in this subsection (d) shall be set back 75 feet from the ordinary high-water mark of outstanding resource waters and exceptional resource waters (including Geneva Lake, Potawatomi Creek, and Van Slyke Creek as of 2021), 50 feet from the ordinary high-water mark of other navigable waters, and 30 feet from the top-of-bank of other drainageways and wetlands of less than five acres, unless an existing pattern of development exists which is less than the setback requirement, in which case the average of the existing principal structure shore setback on either side of the principal structure within a distance of 100 feet may be used to compute the setback for the principal building only, but shall not be reduced to less than 40 feet from the ordinary high water mark of Geneva Lake, Potawatomi Creek, and Van Slyke Creek; not less than 30 feet from the ordinary high water mark of other navigable waters; and not less than 20 feet from the top of bank from other drainageways and wetlands of less than five acres. The method of computation shall be as follows:

a.

If there is a building which is nonconforming with respect to shoreyard setback with a similar use as the proposed building located on an adjacent parcel on one side of the proposed building or within 100 feet of the proposed building, the average of the shoreyard setback of that building of similar usage and the required minimum shoreyard setback shall apply.

b.

If there are two buildings which are nonconforming with respect to shoreyard setback with similar uses as the proposed building located on adjacent parcels on each side of said building or within 100 feet of the proposed building, the average of the shoreyard setbacks of those buildings of similar usage shall apply.

c.

In the case of a proposed addition to an existing building which has less than the required shoreyard setback, the shoreyard setback of such existing building may be used to determine the required shoreyard setback for the proposed building addition, as set forth above.

(4)

Boathouses. As of June 7, 2010, the village shall prohibit the construction of new boathouses located within the shoreyard setback. Existing boathouses located within the shoreyard setback shall be deemed existing nonconforming structures. The maintenance and repair of nonconforming boathouses shall comply with the requirements of Wis. Stats. § 30.121.

(5)

Patios and decks. Patios and decks are exempt from the shoreyard setback requirement from the ordinary high-water mark provided that:

a.

They shall be located so as to minimize earth-disturbing activities and shoreland vegetation removal during construction.

b.

No permanent benches or tables shall be attached to the patio.

c.

The patio shall not exceed a height of more than six inches above the original grade.

d.

No canopies, roofs or railings shall be attached to the patio.

e.

The patio is placed within the 30 to 100-foot area that is allowed to be clear-cut and shall be no more than 150 square feet in area.

f.

Within the VC Zoning District, patios and/or decks may be combined with walkways to cover up to 100 percent of the area within the Water Resources Protection Overlay Zoning District for the commercial lakefront area located between Lake Street and the ordinary high water mark of Geneva Lake.

(6)

Stairways, walkways, piers and wharves. Stairways and walkways and that portion of piers and wharves landward of the ordinary high-water mark are exempt from the shoreyard setback requirement provided that:

a.

The structure shall be necessary to access the shoreline because of steep slopes or wet, unstable soils;

b.

The structure shall be located so as to minimize earth-disturbing activities and shoreland vegetation removal;

c.

The structure shall be no more than 48 inches wide;

d.

Open railings are permitted only where required for safety;

e.

Canopies (except as allowed herein), roofs, and closed railings/walls on such structures are prohibited; provided, however, that one canopy constructed as an attachment or enlargement to an existing structure shall be permitted in the shoreyard so long as said canopy is constructed in support of a permitted use by right or approved conditional use, is less than 150 square feet in total area, is less than one foot in vertical width at it widest point, is completely removed, including all supporting substructure, between October 15 and the following April 15 and is limited to one such canopy per tax parcel; and

f.

Landings for stairs or docks are permitted only where required for safety and shall not exceed 25 square feet in area.

(7)

Retaining walls. Retaining walls and terracing shall only be permitted to the extent that they resolve a continuing erosion problem and shall not be used to provide level outdoor living space in the near-shore area. The applicant shall successfully prove to the land conservation committee or the Wisconsin Department of Natural Resources that there is a current erosion problem that cannot be remedied by resloping and revegetation of the area or other means consistent with natural shoreline aesthetics.

(8)

Tillage, grazing, livestock watering and feeding, application of fertilizers, and stockpiling of manure. Tillage, grazing, livestock watering and feeding, application of fertilizers, and stockpiling of manure shall be prohibited unless conducted in accordance with the county's conservation standards and applicable state and federal laws, and when such uses do not cause the discharge of animal wastes into drainageways or surface waters. Spreading of manure or fertilizer on frozen ground, stockpiling or stacking of manure, and the establishment of feedlots shall be prohibited when such practice would cause direct runoff of surface waters into a drainageway or watercourse.

(9)

Surface water withdrawal, diversion or discharge. Surface water withdrawal, diversion, or discharge for irrigation, processing, or cooling is prohibited except upon issuance of a special permit by the Wisconsin Department of Natural Resources under rules and regulations adopted pursuant to Wis. Stats. § 144.25(2).

(10)

Waste materials. No waste materials such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be so located, stored, or discharged in a way that they would be likely to run off, seep, or wash into surface or groundwaters.

(11)

Ditching, tiling, dredging, excavating, or filling limited only to repair an existing shoreland and to maintain the level of drainage to protect the public health, safety, and general welfare as determined by the village engineer.

(12)

Maintenance, repair, replacement and reconstruction of existing streets, roads, bridges, and utilities.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 10-07-13-02, §§ 2, 3, 10-7-2013; Ord. No. 11-11-13-03, § 1, 11-11-2013; Ord. No. 030518-04, § 2, 3-5-2018; Ord. No. 110121-01, § 2, 11-1-2021; Ord. No. 120621-03, § 5, 12-6-2021)

Editor's note— Formerly entitled Lakeshore (LS) Overlay Zoning District, which was repealed and replaced by Ord. No. 120621-03.