The ordinance from which this article is derived is adopted pursuant to the authorization in Wis. Stats. § 59.692 to implement Wis. Stats. §§ 59.692 and 281.31.

(Ord. No. 6-16, § 1.1, 8-24-2016)

Uncontrolled use of the shorelands and pollution of the navigable waters of the county would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The state has delegated responsibility to the counties to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and to preserve shore cover and natural beauty. This responsibility is hereby recognized by the county.

(Ord. No. 6-16, § 1.2, 8-24-2016)

For the purpose of promoting the public health, safety, convenience, welfare, and promote and protect the public trust in navigable waters, this article has been established to:

(1)

Further the maintenance of safe and healthful conditions and prevent and control water pollution through:

a.

Limiting structures to those areas where soil and geological conditions will provide a safe foundation.

b.

Establishing minimum lot sizes to provide adequate area for private on-site waste treatment systems.

c.

Controlling filling and grading to prevent serious soil erosion problems.

d.

Limiting impervious surfaces to control runoff which carries pollutants.

(2)

Protect spawning grounds, fish and aquatic life through:

a.

Preserving wetlands and other fish and aquatic habitat.

b.

Regulating pollution sources.

c.

Controlling shoreline alterations, dredging and lagooning.

(3)

Control building sites, placement of structures and land uses through:

a.

Separating conflicting land uses.

b.

Prohibiting certain uses detrimental to the shoreland and wetlands.

c.

Setting minimum lot sizes and widths.

d.

Setting minimum building setbacks from waterways.

e.

Setting the maximum height of near shore structures.

(4)

Preserve and restore shoreland vegetation and natural beauty through:

a.

Restricting the removal of natural shoreland cover.

b.

Preventing shoreline encroachment by structures.

c.

Controlling shoreland excavation and other earth moving activities.

d.

Regulating the use and placement of boathouses and other structures.

(Ord. No. 6-16, § 1.3, 8-24-2016)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access and viewing corridor (Wis. Admin. Code § NR 115.03(1d)) means a strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone.

Accessory structure or use means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related, and which is located on the same lot as the principal structure or use.

Boathouse means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of these structural parts.

Building envelope means the three dimensional space within which a structure is built.

Class II public notice means a publication of a public hearing notice posted in the affected area on two consecutive weeks, the last at least seven days prior to the hearing.

Conditional use means a use which is permitted by this article provided that certain conditions specified in the ordinance are met and that a permit is granted by the board of adjustment or, where appropriate, the planning, development and zoning committee or county board.

County zoning agency means that committee or commission created or designated by the county board under Wis. Stats. § 59.69(2)(a) to act in all matters pertaining to county planning and zoning.

Department means the state department of natural resources.

Development means any man-made 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; the placement of mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations, and the deposition or extraction of earthen materials.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Existing development pattern means that principal structures exist within 250 feet of a proposed principal structure in both directions along the shoreline.

Floodplain means the land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe as those terms are defined in Wis. Admin. Code ch. NR 116.

Footprint means the land area covered by a structure at ground level measured on a horizontal plane. The footprint of a residence or building includes the horizontal plane bounded by the furthest exterior wall and eave if present, projected to natural grade. For structures without walls (decks, stairways, patios, carports) a single horizontal plane bounded by the furthest portion of the structure projected to natural grade.

Generally accepted forestry management practices means forestry management practices that promote sound management of a forest. Generally accepted forestry management practices include those practices contained in the most recent version of the department publication known as Wisconsin Forest Management Guidelines and identified as PUB FR-226.

Impervious surface means an area that releases as runoff all or a majority of the precipitation that falls on it. "Impervious surface" excludes frozen soil but includes rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. Roadways as defined in Wis. Adm. Code § 340.01(54) or sidewalks as defined in Wis. Adm. Code § 340.15(58) are not to be calculated as impervious surface.

Lot means a continuous parcel of land, not divided by a public right-of-way, and sufficient in size to meet the lot width and lot area provisions of this article.

Lot area means the area of a horizontal plane bounded by the front, side, and rear lot lines of a lot, but not including the area of any land below the ordinary high-water mark of navigable waters.

Lot of record means any lot, defined by metes and bounds, certified survey, recorded subdivision plat, or other means of description recorded with the register of deeds and separated from other lots by such description under a single tax parcel number, which at the time of its recordation complied with all applicable laws, ordinances, and regulations.

Mitigation means balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within the state and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the state portion of boundary waters, which are navigable under the laws of this state. Under Wis. Stats. § 281.31(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 59.692 and Wis. Admin. Code ch. NR 115 do not apply to lands adjacent to:

(1)

Farm drainage ditches where such lands are not adjacent to a natural navigable stream or river and such lands were not navigable streams before ditching; and

(2)

Artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.

Nonconforming structure means an existing structure that was lawfully placed when constructed but does not comply with the required shoreland setback.

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.

Principal structure means a structure containing or encompassing the principal use of the property.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur on a particular stream because of like physical characteristics, once in every 100 years.

Routine maintenance of vegetation means normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance.

Shoreland means lands within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Shoreland setback, also known as the "shoreland setback area" in Wis. Stats. § 59.692(1)(bn), means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of structures has been limited or prohibited under an ordinance enacted under Wis. Stats. § 59.692.

Shoreland-wetland district means the zoning district, created as a part of this article, comprised of shorelands that are designated as wetlands on the state wetland inventory maps prepared by the department.

Structure means any man-made object with form, shape and utility, either permanently or temporarily attached to or placed upon the ground, river bed, stream bed or lake bed. This includes the principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch or fire pit.

Substandard lot means a legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements for a new lot.

Substantial alteration means any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders, footing and piles or any substantial change in the roof structure, or in the exterior walls.

Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this article.

Variance means an authorization granted by the board of adjustment to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this article.

Vegetation buffer means land that extends from the ordinary high-water mark to a minimum of 35 feet inland as a buffer zone and prohibit removal of vegetation in the vegetative buffer zone except as indicated under section 40-515.

Wetlands means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

(Ord. No. 6-16, § 16.2, 8-24-2016; Ord. No. 6-22, § 16.2, 9-28-2022)

Areas regulated by this article shall include all the lands (referred to herein as shorelands) in the unincorporated areas of the county which are:

(1)

Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the county shall be presumed to be navigable if they are listed in the state department of natural resources publication FH-800 2009 Wisconsin Lakes or are shown on United States Geological Survey quadrangle maps or other zoning base maps.

(2)

Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams in the county shall be presumed to be navigable if they are designated as perennial waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.

(3)

The provisions of this chapter apply to regulation of the use and development of unincorporated shoreland areas, and to annexed or incorporated areas as provided in Wis. Stats. § 59.692(7). Unless specifically exempted by law, all cities, villages, towns, counties and, when Wis. Stats. § 13.48(13), applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the state department of transportation is not subject to local shoreland zoning ordinances if Wis. Stats. § 30.2022(1) applies.

(4)

Determinations of navigability and ordinary high-water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the department for a final determination of navigability or ordinary high-water mark.

(5)

Under Wis. Stats. § 281.31(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, this shoreland zoning ordinance does not apply to:

a.

Lands adjacent to farm drainage ditches if:

1.

Such lands are not adjacent to a natural navigable stream or river;

2.

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

b.

Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.

(Ord. No. 6-16, § 2.1, 8-24-2016)

The maps designated below are hereby adopted and made part of this article. They are on file in the office of the zoning administrator for the county.

(1)

United States Geological Survey Quadrangle Maps (7.5 feet, 1:24,000 scale) for the county. The names and dates of publication of each quadrangle map are as follows:

a.

1969: Embarrass, Lunds, Leeman;

b.

1970: Clintonville North, Marion, Tigerton, Tigerton NW;

c.

1973: Aniwa, Mattoon, Zoar;

d.

1974: Cecil, Krakow, Bonduel, Zachow, Pulaski, Nichols, Seymour, Oneida North;

e.

1982: Birnamwood, Regina, Neopit, Keshena, Wittenberg, Shepley, Bowler, Gresham, Shawano, Thornton, Buerney Lake.

(2)

State wetland inventory maps stamped "FINAL" on February 11, 1985.

(3)

Final flood insurance study maps dated November 15, 1985, and adopted October 16, 1985, by the county board of supervisors.

(4)

The county zoning base and detail maps as described in this chapter.

(5)

The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer. The maps can be viewed at Wisconsin DNR Surface Water Data Viewer

http://dnr.wisconsin.gov/topic/SurfaceWater/swdv

(Ord. No. 6-16, § 2.2, 8-24-2016; Ord. No. 6-22, § 2.25, 9-28-2022)

The use of any land or water, the size, shape and placement of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste disposal facilities, the filling, grading, lagooning, dredging of any lands, the cutting of shoreland vegetation, the subdivision of lots, shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. (However, see article VII of this chapter for standards applicable to nonconforming uses.) Buildings, signs and other structures shall require a permit unless otherwise expressly excluded by a provision of this article. Property owners, builders and contractors are responsible for compliance with the terms of this article.

(Ord. No. 6-16, § 2.3, 8-24-2016)

The provisions of this article supersede the provisions of any county zoning regulation adopted under Wis. Stats. §§ 59.69 and 59.692 which relate to shorelands. However, where an ordinance adopted under a statute other than Wis. Stats. § 59.692 is more restrictive than this article, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(1)

This article shall not require approval or be subject to disapproval by any town or town board.

(2)

If an existing town ordinance relating to shorelands is more restrictive than this article or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise.

(3)

This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.

(4)

The provisions of this chapter shall only apply to the shoreland area where they impose greater restrictions than this article otherwise imposes.

(5)

This article may establish standards to regulate matters that are not regulated in Wis. Admin. Code ch. NR 115, but that further the purposes of shoreland zoning as described in section 40-296.

(6)

Counties may not establish shoreland zoning standards in regulations that require any of the following:

a.

Approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibits or regulates outdoor lighting in shorelands if the lighting is designed or intended for residential use.

b.

Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made.

(Ord. No. 6-16, § 2.5, 8-24-2016)

In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the county and shall not be deemed a limitation or repeal of any other powers granted by state law. Where a provision of this article is required by statute and a standard in Wis. Admin. Code ch. NR 115, and when the provision of this article is unclear, the provision shall be interpreted in light of the statute and Wis. Admin. Code ch. NR 115 standards in effect on the date of the adoption of the ordinance from which this article is derived or in effect on the date of the most recent text amendment to this article.

(Ord. No. 6-16, § 2.6, 8-24-2016)

This district shall include all shorelands within the jurisdiction of this article which are designated as wetlands on the most recent version of the state wetland inventory as depicted on the department of natural resources surface water data viewer.

(Ord. No. 6-16, § 3.1, 8-24-2016)

Where an apparent discrepancy exists between the shoreland-wetland district boundary shown on the state wetland inventory maps and actual field conditions at the time the maps were adopted, the zoning administrator shall contact the appropriate district office of the department to determine if the shoreland-wetland district boundary as mapped is in error. If department staff concur with the zoning administrator that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors on the official zoning map, an official zoning map amendment must be initiated within a reasonable period of time.

(Ord. No. 6-16, § 3.11, 8-24-2016; Ord. No. 6-22, § 3.11, 9-28-2022)

This district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty and to control building and development in wetlands whenever possible. When development is permitted in a wetland, the development should occur in a manner that minimizes adverse impacts upon the wetland.

(Ord. No. 6-16, § 3.2, 8-24-2016)

The following uses shall be allowed, subject to general shoreland zoning regulations contained in this article, the provisions of Wis. Stats. chs. 30 and 31 and Wis. Stats. §§ 281.36 and 281.37 and the provisions of other applicable local, state and federal laws:

(1)

Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling or excavating except as allowed under subsection (1) or (2) of this section:

a.

Hiking, fishing, trapping, hunting, swimming, and boating;

b.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

c.

The pasturing of livestock;

d.

The cultivation of agricultural crops;

e.

The practice of silviculture, including the planting, thinning, and harvesting of timber; and

f.

The construction or maintenance of duck blinds.

(2)

Uses which do not require the issuance of a conditional use or land use permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent specifically provided below:

a.

Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;

b.

The cultivation of cranberries, including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries;

c.

The maintenance and repair of existing agricultural drainage systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible;

d.

The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

e.

The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and

f.

The maintenance, repair, replacement or reconstruction of existing town and county highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

(3)

Uses which require the issuance of a conditional use permit and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:

a.

The construction and maintenance of roads which are necessary to conduct silvicultural activities or agricultural cultivation, provided that:

1.

The road cannot as a practical matter be located outside the wetland;

2.

The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in section 40-328(b);

3.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

4.

Road construction activities are carried out in the immediate area of the roadbed only.

b.

The construction or maintenance of nonresidential buildings, provided that:

1.

The building is essential for and used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals; or some other use permitted in the shoreland and wetland district;

2.

The building cannot, as a practical matter, be located outside the wetland;

3.

Such building is not designed for human habitation and does not exceed 500 square feet in floor area; and

4.

Only limited filling or excavating necessary to provide structural support for the building is authorized.

c.

The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads, provided that:

1.

Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Wis. Stats. ch. 29 where applicable;

2.

Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meet the criteria in subsection (3)a of this section; and

3.

Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

d.

The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members and the construction or maintenance of railroad lines, provided that:

1.

The transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

2.

Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in section 40-328(b).

(Ord. No. 6-16, § 3.3, 8-24-2016)

Any use not listed in section 40-326 is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this article in accordance with section 40-328 and Wis. Stats. § 59.69(5)(e).

(Ord. No. 6-16, § 3.4, 8-24-2016)

(a)

For all proposed text and map amendments to the shoreland-wetland provisions of this article, the appropriate district office of the department shall be provided with the following:

(1)

A copy of every petition for a text or map amendment to the shoreland-wetland provisions of this article, within five days filing of such petition with the county clerk. Such petition shall include a copy of the state wetland inventory map adopted as part of this article describing any proposed rezoning of a shoreland-wetland;

(2)

Written notice of the public hearing to be held on a proposed amendment at least ten days prior to such hearing;

(3)

A copy of the county zoning agency's findings and recommendations on each proposed amendment within ten days after the submission of those findings and recommendations to the county board; and

(4)

Written notice of the county board's decision on the proposed amendment within ten days after it is issued.

(b)

A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:

(1)

Storm and flood water storage capacity;

(2)

Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;

(3)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(4)

Shoreline protection against soil erosion;

(5)

Fish spawning, breeding, nursery or feeding grounds;

(6)

Wildlife habitat; or

(7)

Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in Wis. Admin. Code § NR 103.04 which can be accessed at the following web site: http://www.legis.state.wi.us/rsb/code/nr/nr103.pdf.

(c)

If the department notifies the county planning, development and zoning committee that a proposed text or map amendment to the shoreland-wetland provisions of this article may have a significant adverse impact upon any of the criteria listed in subsection (b) of this section, that amendment, if approved by the county board, shall contain the following provision:

"This amendment shall not take effect until more than 30 days have elapsed after written notice of the county board's approval of this amendment is mailed to the department of natural resources. During that 30-day period the department of natural resources may notify the county board that it will adopt a superseding shoreland ordinance for the county under Wis. Stats. § 59.692(6). If the department does so notify the county board, the effect of this amendment shall be stayed until the Wis. Stats. § 59.692(6) adoption procedure is completed or otherwise terminated."

(Ord. No. 6-16, § 3.5, 8-24-2016)

The county planning, development and zoning committee shall review, pursuant to Wis. Stats. § 236.45, all land divisions in shoreland areas which create three or more parcels or building sites of five acres each or less within a five-year period. In such review the following factors shall be considered:

(1)

Hazards to the health, safety or welfare of future residents.

(2)

Proper relationship to adjoining areas.

(3)

Public access to navigable waters, as required by law.

(4)

Adequate storm drainage facilities.

(5)

Conformity to state law and administrative code provisions.

(Ord. No. 6-16, § 4.1, 8-24-2016)

The county has adopted sanitary regulations for the protection of health and the preservation and enhancement of water quality.

(1)

Where public water supply systems are not available, private well construction shall be required to conform to Wis. Admin. Code ch. NR 812.

(2)

Where a public sewage collection and treatment system is not available, design and construction of private on-site waste water treatment system shall be governed by the Private On-site Wastewater Treatment System Ordinance No. 4-13 adopted by the Shawano County Board under Wis. Stats. § 59.70(5), on April 16, 2013.

(Ord. No. 6-16, § 4.3, 8-24-2016; Ord. No. 6-22, § 4.3, 9-28-2022)

(a)

The planned residential unit development is intended to permit smaller lots than would otherwise be required in the district where the physical layout of the lots is so arranged by clustering development near a single location, setting structures back farther from navigable water and sensitive areas, and other appropriate means so as to better achieve the objectives of this article. A condition of all planned residential unit development is the preservation of open space along the shoreline in perpetuity.

(b)

Requirements for planned unit development. The county board may at its discretion, upon its own motion or upon petition, approve a planned unit development by approving an overlay district and a plat for the specific planned residential project upon finding, after a public hearing, that all of the following facts exist:

(1)

Area. The area proposed for the planned residential unit development shall be at least two acres in size or have a minimum of 200 feet of frontage on a navigable water.

(2)

Lots. Any proposed lot in the planned residential unit development that does not meet the minimum size standards of division 5, subdivision II of this article (unsewered lots 20,000 square feet) and division 5, subdivision III of this article (sewered lots 10,000 square feet) shall be a non-riparian lot.

(3)

Vegetative buffer zone and preservation of ground cover. The location of home sites and the dedication of part of the land for use by the public or residents of the planned unit development will preserve the vegetative buffer zone and ground cover of the shoreland and scenic beauty of the navigable water, prevent erosion, provide wildlife habitat, and other pertinent factors. Land not used for lots and streets shall be dedicated in perpetuity to remain in open space. This may be accomplished by conveyance in common to each of the owners of lots in the development or to a corporation formed by them, or by dedication to the county, town or municipality. Lands dedicated to the public must be accepted by action of the governing body of the accepting unit of government. If the land is to be conveyed to owners of lots in the development, a homeowner's association or similar legally constituted body shall be created to maintain the open space land. Any restriction placed on platted land by covenant, grant of easement or any other manner which was required by a public body or which names a public body as grantee, promisee or beneficiary, shall be recorded in the county register of deeds' office and shall vest in the public body the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction.

(4)

Density. The number of platted lots shall not exceed those which would have been possible if the same land were platted in accordance with the minimum lot sizes and widths provided by the applicable provisions of the zoning ordinance. This figure shall be determined by dividing the total area of the subdivision by the minimum lot size required by division 5 of this article.

(5)

Lot sizes, widths and other standards. Lot sizes, widths, setbacks, and vegetation removal. When considering approval of a planned residential unit development, the governing body shall consider whether proposed lot sizes, widths, and setbacks are of adequate size and distance to prevent pollution or erosion along streets or other public ways and waterways. Increased shoreland setbacks shall be a condition of approval as a way of minimizing adverse impacts of development. Shore cover provisions shall apply.

(Ord. No. 6-16, § 4.21, 8-24-2016)

The procedure for establishing limited rezoning in the form of a planned residential unit development district shall be as follows:

(1)

Petition. A petition setting forth all of the facts required in this section shall be submitted to the county clerk with sufficient copies to provide for distribution by the clerk as required by subsection (2) of this section.

(2)

Review and hearing.

a.

The petition shall be submitted to the county zoning agency established as required by Wis. Stats. § 59.69(3)(d), which shall hold a public hearing and report to the county board as required by law. Copies of the petition and notice of the hearing shall also be sent to the appropriate district office of the department as described in section 40-717.

b.

The county zoning agency's report to the county board shall reflect the recommendations of any federal, state or local agency with which the county zoning agency consults. If a petition seeks approval of a planned unit development plat without first seeking the granting of an overlay district, a hearing shall be held on such plat as in any regular amendment to the zoning ordinance. If, however, a hearing is first held on the overlay for a planned unit development district, a second public hearing need not be held in connection with the approval of a subsequent plat or plats which comply with the overlay district as approved.

(3)

Findings and conditions of approval. The county board shall make written findings as to the compliance or noncompliance of the proposed overlay district with each of the applicable requirements set forth in this section. If the petition is granted in whole or part, the county board shall attach such written conditions to the approval as are required by and consistent with this section. The conditions of approval shall in all cases establish the specific restrictions applicable with regard to minimum lot sizes, width, setbacks, dimensions of vegetative buffer zone and the location of septic systems and the preservation of ground cover and open space.

(4)

Planning studies. A landowner or petitioner may at his own expense develop the facts required to establish compliance with the provisions of this section or may be required to contribute funds to the county to defray all or part of the cost of such studies being undertaken by the county or any agency or person with whom the county contracts for such work.

(Ord. No. 6-16, § 4.22, 8-24-2016)

Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution.

(Ord. No. 6-16, § 6.1, 8-24-2016)

All buildings and structures, unless exempt under section 40-492 or reduced under section 40-493 or 400-494, shall be set back at least 75 feet from the ordinary high-water mark of navigable waters.

(Ord. No. 6-16, § 6.2, 8-24-2016)

(a)

Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor that do not contain plumbing and are not used for human habitation

(1)

Boathouses shall be designed and constructed solely for the storage of boats and related equipment.

(2)

One boathouse is permitted on a lot as an accessory structure. A boathouse shall not exceed 350 square feet or be more than one story in height

(3)

Boathouses shall be constructed in conformity with local floodplain zoning standards and shall be located at least ten feet landward from the ordinary high-water mark.

(4)

The roof of a boathouse may be used as a deck provided that:

a.

The boathouse has a flat roof.

b.

The roof has no side walls or screens

c.

The roof may have a railing that meets the department of safety and professional services standards.

(b)

Open sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in Wis. Stats. § 59.692(1v).

(1)

The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.

(2)

The floor area of all the structures in the shoreland setback area will not exceed 200 square feet.

(3)

The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.

(4)

The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreland setback area that is nearest to the water.

(c)

Fishing rafts that are authorized on the Wolf River and Mississippi river under Wis. Stats. § 30.126.

(d)

Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are two meters or less in diameter.

(e)

Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pump house covers, private on-site wastewater treatment systems that comply with DSPS 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure.

(f)

Walkways, stairways or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 60-inches in width.

(g)

A fence associated with a roadway that meets all of the following requirements:

(1)

A height not taller than 15 feet.

(2)

Located not less than two feet landward of the ordinary high-water mark.

(3)

Located entirely outside of a highway right-of-way.

(4)

Located not less than ten feet from the edge of a roadway and not more than 40 feet from the edge of a roadway or highway right-of-way, whichever is greater.

(5)

Generally perpendicular to the shoreline

(h)

A bridge for which the department has issued a permit under Wis. Stats. § 30.123.

(Ord. No. 6-16, § 6.21, 8-24-2016; Ord. No. 6-22, § 6.21, 9-28-2022)

Where there is an existing principal structure in only one direction, the setback shall equal the average of the distance that the existing principal structure is set back from the ordinary high-water mark and the required setback of 75 feet from the ordinary high-water mark provided all of the following are met:

(1)

The existing principal structure is located on an adjacent lot to the proposed principal structure.

(2)

The existing principal structure is located within 250 feet of the proposed principal structure.

(3)

The existing principal structure is located less than 75 feet from the ordinary high-water mark.

(4)

The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.

(Ord. No. 6-16, § 6.22, 8-24-2016)

Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing structures are set back from the ordinary high-water mark, provided all of the following are met:

(1)

Both of the existing principal structures are located on an adjacent lot to the proposed principal structure.

(2)

Both of the existing principal structures are located within 250 feet of the proposed principal structure.

(3)

Both of the existing principal structures are located less than 75 feet from the ordinary high-water mark.

(4)

The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.

(Ord. No. 6-16, § 6.23, 8-24-2016)

Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance.

(Ord. No. 6-16, § 6.24, 8-24-2016)

To protect natural scenic beauty, fish and wildlife habitat, and water quality, a county shall regulate removal of vegetation in shoreland areas, consistent with the following: The county shall establish ordinance standards that consider sound forestry and soil conservation practices and the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients.

(Ord. No. 6-16, § 7.1, 8-24-2016)

To protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation, the county ordinance shall designate land that extends from the ordinary high-water mark to a minimum of 35 feet inland as a vegetative buffer zone and prohibit removal of vegetation in the vegetative buffer zone, except as follows:

(1)

Routine maintenance of vegetation.

(2)

Removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors. The maximum width of an access and viewing corridor may be ten feet or up to 35 percent of the shoreline frontage, whichever is greater, except the maximum width of an access and viewing corridor may not exceed 200 feet. The access and viewing corridor may run contiguously for the entire maximum allowed width of 200 feet.

(3)

Removal of trees and shrubs in the vegetative buffer zone on a parcel with ten or more acres of forested land consistent with generally accepted forestry management practices as defined in Wis. Admin. Code § NR 1.25(2)(b), and described in department publication Wisconsin Voluntary Site-Level Forest Management Guidelines (publication FR-226), provided that vegetation removal be consistent with these practices.

(4)

Removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable.

(5)

The zoning administrator or designee may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit issued under this subsection shall require that all management activities comply with detailed plans approved by the county and designed to control erosion by limiting sedimentation into the water body, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area.

(Ord. No. 6-16, § 7.2, 8-24-2016; Ord. No. 6-22, § 7.2, 9-28-2022)

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

(Ord. No. 6-16, § 7.3, 8-24-2016)

Filling, grading, lagooning, dredging, ditching and excavating may be permitted only in accordance with the provisions of Wis. Admin. Code § NR 115.04, the requirements of ch. 30, and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.

(Ord. No. 6-16, § 8.01, 8-24-2016)

Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under section 40-519 may be 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)

Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets the requirements of section 40-326(2) and (3).

(3)

All applicable federal, state and local authority is obtained in addition to a permit under this article.

(4)

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

(Ord. No. 6-16, § 8.1, 8-24-2016)

Except as provided in section 40-520, a shoreland disturbance permit is required:

(1)

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

a.

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

b.

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

c.

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

Requirements to obtain a shoreland disturbance permit:

a.

Site plan which shall include the following at a minimum:

1.

Scale.

2.

Property lines.

3.

Structures.

4.

Septic system (if applicable).

5.

Required setbacks including roadway, zoning, waterbody and wetlands.

6.

Area to be disturbed including calculations.

7.

Amount of fill to be brought in indicating amount in yards.

8.

Erosion control devices including type and location.

9.

Direction of surface water flow indicated by arrows (existing and proposed).

b.

An erosion control plan and stormwater management plan including at a minimum:

1.

The location, size, dimensions, elevations and grades of existing and proposed bridges, culverts, catch basins, waterways, drainage ditches and swales, storm sewers and detention and retention basins

2.

Existing ground contours at two foot intervals and proposed contours (if applicable)

3.

Erosion control practices including type, products and proposed locations.

4.

Other information deemed necessary by the zoning administrator and staff.

(2)

For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet landward 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.

(Ord. No. 6-16, § 8.2, 8-24-2016; Ord. No. 6-22, § 8.2, 9-28-2022)

Soil conservation practices such as tiled terraces, runoff diversions and grassed waterways used for erosion control shall not require a permit under section 40-519 when designed and constructed to natural resources conservation service technical standards.

(Ord. No. 6-16, § 8.3, 8-24-2016)

In granting a shoreland disturbance permit under section 40-519, the planning, development and zoning committee shall attach the following conditions, where appropriate, in addition to those provisions specified in sections 40-715 and 40-716.

(1)

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

(2)

Temporary ground cover (such as mulch or jute netting) shall be used and permanent vegetative cover shall be established.

(3)

Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.

(4)

Lagoons shall be constructed to avoid fish trap conditions.

(5)

Fill shall be stabilized according to accepted engineering standards.

(6)

Filling shall comply with the Shawano County Floodplain Zoning Ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.

(7)

Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter, which shall be promptly vegetated, unless bulkheads or riprap are provided.

(8)

Drainage to maintained as detailed on the erosion control plan and stormwater management plan.

(Ord. No. 6-16, § 8.4, 8-24-2016; Ord. No. 6-22, § 8.4, 9-28-2022)

If a nonconforming use is discontinued for a period of 12 months, any future use of the building, structure or property shall conform to this article.

(Ord. No. 6-16, § 9.1, 8-24-2016)

(a)

An existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the of the nonconforming structure. Further, an existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Expansion of a structure beyond the existing footprint may be allowed if the expansion is necessary to comply with applicable state or federal requirements.

(b)

Permits, fees, and mitigation activities are not required under this section; however, property owners may be required to obtain permits or approvals and pay fees under ordinances adopted pursuant to other statutory requirements, such as floodplain zoning, general zoning, sanitary codes, building codes, or even stormwater erosion control.

(c)

Structures that were granted under variances are considered legal, conforming structures and do not apply under this section. Illegally constructed structures are not considered nonconforming structures.

(d)

Structures listed under section 40-492 and referred under Wis. Admin. Code § NR 115.05(1)(b)1m are considered conforming structures.

(Ord. No. 6-16, § 9.2, 8-24-2016)

An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per division 6 of this article may be expanded laterally, provided that all of the following requirements are met:

(1)

The use of the structure has not been discontinued for a period of 12 months or more if a nonconforming use.

(2)

The existing principal structure is at least 35 feet from the ordinary high-water mark.

(3)

Lateral expansions are limited to a maximum of 200 square feet over the life of the structure. No portion of the expansion may be any closer to the ordinary high-water mark than the closest point of the existing principal structure.

(4)

The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in division 11 of this article.

(5)

All other provisions of the shoreland ordinance shall be met.

(Ord. No. 6-16, § 9.3, 8-24-2016)

An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under section 40-491, may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements per section 40-491 and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this section, but may be required per impervious surface standards in division 10 of this article.

(Ord. No. 6-16, § 9.4, 8-24-2016)

An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per sections 40-493 and 40-494 may be relocated on the property, provided all of the following requirements are met:

(1)

The use of the structure has not been discontinued for a period of 12 months or more if a nonconforming use.

(2)

The existing principal structure is at least 35 feet from the ordinary high-water mark.

(3)

No portion of the replaced or relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure.

(4)

The county determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the shoreland setback requirement per section 40-491.

(5)

The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in division 11 of this article include enforceable obligations of the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the county register of deeds.

(6)

All other provisions of this article shall be met.

(Ord. No. 6-16, § 9.5, 8-24-2016)

To protect and preserve wildlife habitat and natural scenic beauty, on or after February 1, 2010, the county may not permit any construction that results in a structure taller than 35 feet within 75 feet of the ordinary high-water mark of any navigable waters.

(Ord. No. 6-16, § 10.1, 8-24-2016)

Structure height is the measurement of the vertical line segment starting at the lowest point of any exposed wall and its intersect with the ground (Point A in the following diagram) to a line horizontal to the highest point of a structure (Point B in the following diagram), unless specified under other sections of this Code.

Figure 40-575. Height Measurement Examples

(Ord. No. 6-16, § 10.11, 8-24-2016)

Impervious surface standards are to protect water quality and fish and wildlife habitat and to protect against pollution of navigable waters. Impervious surface standards shall apply to the construction, reconstruction, expansion, replacement or relocation of any impervious surface on:

(1)

A riparian lot or parcel; and

(2)

A non-riparian lot or parcel that is located entirely within 300 feet of the ordinary high-water mark of any navigable waterway.

(Ord. No. 6-16, § 11.1, 8-24-2016)

(a)

Percentage of impervious surface (IS) shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark by the total surface area of that lot or parcel, and multiplied by 100.

Existing and Proposed IS/Total Surface Area) x 100 = Percent IS

(b)

Impervious surfaces described in section 40-604 shall be excluded from the calculation of impervious surface on the lot or parcel. If an outlot lies between the ordinary high-water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surface.

(Ord. No. 6-16, § 11.2, 8-24-2016)

Except as allowed in section 40-602, on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark impervious surface standards are as follows:

(1)

General standard. Allow impervious surfaces up to 15 percent.

(2)

Maximum impervious surface area. A property owner may have more than 15 percent impervious surface but not more than 30 percent impervious surface by obtaining a permit with a mitigation plan that meets the standards found in division 11 of this article.

(Ord. No. 6-16, § 11.3, 8-24-2016)

Locations identified in the highly developed overlay on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark impervious surface standards are as follows:

(1)

General standard. Allow impervious surfaces up to 30 percent for residential land use and up to 40 percent for commercial, industrial or business land uses.

(2)

Maximum impervious surface area. A property owner may have more than 30 percent impervious surface, but not more than 40 percent impervious surface for residential land uses and; for commercial, industrial or business land uses a property owner may have more than 40 percent impervious surface, but not more than 60 percent impervious surface by obtaining a permit with a mitigation plan that meets the standards found in division 11 of this article.

(Ord. No. 6-16, § 11.4, 8-24-2016)

The county has adopted areas that meet the following requirements as part of an overlay layer identifying locations to be considered highly developed shoreland (section 40-796). This area was adopted after a public hearing on (August 3, 2016), approved by the department, and available on the county GIS database.

(1)

The highly developed shoreline is identified as an urbanized area or urban cluster in the 2010 U.S. Census or has a commercial, industrial, or business land use as of January 31, 2013.

(2)

Additional areas of highly developed shorelines that are at least 500 feet in length and located on a lake served by a sewerage system as defined in Wis. Admin. Code § NR 110.03(30).

Table illustrates a summary of sections 40-601 and 40-602.

(Ord. No. 6-16, § 11.41, 8-24-2016)

Impervious surfaces that can be documented to show they meet either of the following standards shall be excluded from the impervious surface calculations under section 40-600:

(1)

The impervious surface is treated by devices such as stormwater ponds, constructed wetlands, infiltration basins, rain gardens, bio-swales or other engineered systems.

(2)

The runoff from the impervious surface discharges to an internally drained pervious area that retains the runoff on or off the parcel and allows infiltration into the soil.

(Ord. No. 6-16, § 11.5, 8-24-2016)

To qualify for the statutory exemption, property owners shall submit a complete permit application that is reviewed and approved by the county. The application shall include the following:

(1)

Calculations showing how much runoff is coming from the impervious surface area.

(2)

Documentation that the runoff from the impervious surface is being treated by a proposed treatment system, treatment device or internally drained area.

(3)

An implementation schedule and enforceable obligation on the property owner to establish and maintain the treatment system, treatment devices or internally drained area.

(Ord. No. 6-16, § 11.51, 8-24-2016)

For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in section 40-601 or 40-602, the property owner may do any of the following:

(1)

Maintain and repair the existing impervious surfaces;

(2)

Replace existing impervious surfaces with similar surfaces within the existing building envelope;

(3)

Relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on or before October 1, 2016, and the impervious surface meets the applicable setback requirements in Wis. Admin. Code § NR 115.05(1)(b).

(Ord. No. 6-16, § 11.6, 8-24-2016)

Mitigation provides balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities. Mitigation is necessary when amount of impervious surface on a property is increased as described in sections 40-601 and 40-602 as well as the lateral expansion of a legal, nonconforming structure as described in section 40-553.

(Ord. No. 6-16, § 12.1, 8-24-2016)

Mitigation practices will be assessed on the square footage of the development activity that exceed standards identified in sections 40-553, 40-601, and 40-602. The mitigation measures must be proportional to the amount and impacts of development action being permitted.

(Ord. No. 6-16, § 12.2, 8-24-2016)

Property owners may choose among the following practices to achieve the amount of mitigation required by the development activity. At the discretion of the zoning administrator, additional mitigation practices may be approved for restoration or protection activities that are likely to provide significant benefits to meet the objectives of this article. Mitigation is only permitted on the parcel where development occurs and to be located within 300 feet of the ordinary high-water mark of a navigable water body.

¹ Vegetation buffer consists of land that extends from the ordinary high-water mark to a minimum of 35 feet inland. Vegetation pattern must be consistent with that described in section 40-515.

² Excluded for mitigation required on impervious surfaces, see section 40-604 for reference calculations.

(Ord. No. 6-16, § 12.3, 8-24-2016)

(a)

A site plan with the following requirements will be reviewed by zoning administrator or his/her designee:

(1)

A drawing prepared to scale or dimensioned showing existing and proposed improvements with corresponding distances to property lines, private sewage system components, roadway centerlines, and ordinary high-water mark.

(2)

A complete listing of mitigation standards meeting the requirements of section 40-632 and where those practices will occur on the property.

(3)

Where standard erosion control practices will be implemented and a description of what those practices are.

(4)

Location of the view/access corridor.

(5)

Location of existing vegetation on the property.

(6)

An implementation schedule for the mitigation standards.

(b)

Under no circumstances shall a permit be issued until a site plan, as referenced above, has been submitted to and approved by the county zoning department. The site plan shall, upon approval, be recorded in the county register of deeds' office upon which time required permits for development can be obtained. The approved site plan must be implemented within one year from the date of permit issuance and completed within two years from the date of permit issuance. A mitigation plan will not be determined complete until a final inspection has been performed by the county zoning department.

(Ord. No. 6-16, § 12.4, 8-24-2016)