The ordinance from which this article is derived is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 61.353 or Wis. Stats. §§ 62.23 and 62.233.

(Code 1989, § 21.01; Ord. of 7-3-2014)

Uncontrolled use of shorelands and pollution of the navigable waters of the village would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The state has delegated responsibility to all municipalities to:

(1)

Promote the public health, safety, convenience and general welfare;

(2)

Limit certain land use activities detrimental to shorelands; and

(3)

Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.

(Code 1989, § 21.02; Ord. of 7-3-2014)

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:

Principal building means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.

Shoreland setback area has the meaning given in Wis. Stats. § 59.692(1)(bn).

Shorelands has the meaning given in Wis. Stats. § 59.692(1)(b).

(Code 1989, § 21.06; Ord. of 7-3-2014)

The use of shorelands within the shoreland areas of the village shall be in full compliance with the terms of this article and other applicable local, state, or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this article.

(Code 1989, § 21.03(1); Ord. of 7-3-2014)

(a)

This article supersedes all the provisions of any other applicable ordinances, except that where another municipal ordinance 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.

(b)

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.

(Code 1989, § 21.03(3); Ord. of 7-3-2014)

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 village and shall not be deemed a limitation or repeal of any other powers granted by state law.

(Code 1989, § 21.03(4); Ord. of 7-3-2014)

(a)

District parcels identified. The shoreland zoning district regulations apply only to the following shorelands:

(1)

A shoreland that was annexed by the village after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stats. § 59.692; and

(2)

A shoreland that before incorporation by the village was part of a town that was subject to a county shoreland zoning ordinance under Wis. Stats. § 59.692 if the date of incorporation was after April 30, 1994.

(b)

District boundaries. The shoreland district areas regulated by this article shall include all the lands (referred to herein as shorelands) in the village that are:

(1)

Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages shall be presumed to be navigable if they are listed in the state department of natural resources' surface water data viewer available on the state department of natural resources website 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 shall be presumed to be navigable if they are designated as continuous 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.

(c)

Determinations of navigability and ordinary high-water mark location. 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 state department of natural resources for a final determination of navigability or ordinary high-water mark.

(d)

Exclusions from district. Pursuant to Wis. Stats. § 61.353(7) or 62.233, the shoreland zoning district does not include lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body.

(e)

Conflicting provisions. The lands within the shoreland zoning district are subject to all applicable provisions of this Code. If the provisions of this article are more restrictive than other regulations in this Code, the provisions of this article shall apply.

(Code 1989, § 21.03(6); Ord. of 7-3-2014)

All principal buildings shall be set back at least 50 feet from the ordinary high-water mark. A setback less than that required in this section may be allowed if all the following apply:

(1)

The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building; and

(2)

The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.

(Code 1989, § 21.04; Ord. of 7-3-2014)

Pursuant to Wis. Stats. § 61.353(3) or 62.233, a landowner must maintain a vegetative buffer zone, as follows:

(1)

A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in subsection (2) of this section.

(2)

If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

(3)

A person who is required to maintain or establish a vegetative buffer zone under subsection (1) of this section may remove all the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary high-water mark.

(Code 1989, § 21.05; Ord. of 7-3-2014)