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

(1)

Shoreland setbacks. Unless exempt under subsection (1)a of this section, reduced under subsection (2) of this section, or increased under subsection (3) of this section, a setback of 75 feet from the ordinary highwater mark of any navigable water to the nearest part of a building or structure shall be required for all buildings and structures.

a.

Exempt structures. All of the following structures are exempt from the shoreland setback standards in this subsection (1):

1.

Boathouses may be constructed according to the following provisions:

(i)

The entire boathouse must be located above the ordinary highwater mark and entirely within the viewing and access corridor.

(ii)

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

(iii)

Boathouses shall not contain plumbing components or be used for human habitation.

(iv)

One boathouse is permitted per lot. Lots in contiguous ownership shall be considered one lot for purposes of this exemption.

(v)

Boathouses shall be constructed in conformity with local floodplain zoning standards.

(vi)

Boathouses shall not exceed one story and 300 square feet in size (outside dimensions).

(vii)

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.

(viii)

Boathouses constructed after the effective date of the ordinance from which this article is derived shall have a pitched roof that is no flatter than 4/12 pitch, and shall not be designed or used as deck, observation platform or for other similar uses.

(ix)

Earth toned non-reflective color shall be required for all exterior surfaces of a boathouse.

(x)

The main door shall face the water.

(xi)

Patios, patio doors, decks, fireplaces and other features inconsistent with the use of the structure exclusively as a boathouse are not permitted.

(xii)

The boathouse shall be of wood construction. Concrete footings are allowed provided that they do not extend more than six inches above grade.

2.

(i)

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).

(ii)

Exempt open sided and screened structures may be constructed with an approved permit at less than minimum setback required in subsection (1) above, pursuant to Wis. Stats. § 59.692(1v), subject to the following standards:

A.

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

B.

The floor area of all the structures in the shoreland setback area will not exceed 200 square feet, excluding those exempt under subsections (1)a.1(iii), (iv), and (vi) of this section.

C.

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

D.

The county must approve a plan, consistent with section 38-744(c) 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.

E.

The structure, if freestanding, may not have a wall height exceeding ten feet.

F.

An affidavit shall be signed by the owner requesting the section 59.692 permit which acknowledges the shoreland buffer requirements. Said affidavit will also be recorded in the county register of deeds and serve as official notice of this requirement to future property owners.

3.

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.

4.

Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pump house covers, private on-site wastewater treatment systems that comply with Wis. Admin. Code ch. SPS 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 stormwater runoff from the structure.

5.

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

(i)

Pedestrian access to the shoreline. A stairway, walkway or lift is allowed in the shoreland setback area only when it is necessary to provide pedestrian access to the shoreline because of steep slopes or unstable soils. The construction is subject to the following standards:

A.

Canopies, roofs, and sides are prohibited. Open railings may be provided.

B.

A maximum width of five feet (outside dimensions) is allowed for a stairway, walkway, or lift.

C.

Landings are allowed where required for safety purposes and shall not exceed a cumulative total of 40 square feet. The stairway shall not terminate with a landing unless it is necessary for access or connection to a dock.

D.

A stairway, walkway, or lift shall be constructed and surfaced to effectively control erosion and minimize stormwater runoff directly into a waterway.

E.

Walkways, stairways or lifts shall be located within the allowable viewing and access corridor to the extent practicable.

F.

Any filling, grading or excavation that is proposed must meet the requirements of section 38-745.

(ii)

Accommodations for disabled or elderly persons. Where access to the water would not otherwise be possible, a power lift may be installed in addition to a walkway and/or a stairway provided that both structures are located in the viewing and access corridor to the extent practicable.

6.

Devices or systems used to treat runoff from impervious surfaces.

b.

Existing exempt structures. Existing exempt structures may be maintained, repaired, replaced, restored, rebuilt and remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. Expansion of a structure beyond the existing footprint is allowable if the expansion is necessary to comply with applicable state or federal requirements (Wis. Stats. § 59.692(1k)(a)2m).

(2)

Reduced principal structure setback. A setback less than the 75-foot required setback from the ordinary highwater mark shall be permitted for a proposed principal structure and shall be determined as follows (Wis. Stats. § 59.692(1n)): Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the ordinary highwater mark provided all of the following are met:

a.

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

b.

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

c.

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

d.

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

(3)

Increased principal structure setback. A setback greater than the required 75 feet from the ordinary highwater mark may be required for a proposed principal structure and determined as follows (Wis. Stats. § 59.692(1n)(c)): Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the ordinary highwater mark provided all of the following are met:

a.

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

b.

Both of the existing principal structures are located within 200 feet of the proposed principal structure.

c.

Both of the existing principal structures are located greater than 75 feet from the ordinary highwater mark.

d.

Both of the existing principal structures were required to be located at a setback greater than 75 feet from the ordinary highwater mark.

e.

The increased setback does not apply if the resulting setback limits the placement to an area on which the structure cannot be built.

(4)

Other setbacks.

a.

In areas classified as shoreland, the side property-line setback (both sides) on riparian lots shall be a minimum of ten feet for all structures.

b.

All buildings and structures shall be set back at least ten feet from the highwater mark of non-navigable streams and drainageways. The highwater mark is that point up to which the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics. Roadways, recreational trails and pedestrian walkways shall be permitted to cross non-navigable streams and drainageways provided such construction allows for the free passage of waters and that runoff is controlled so as to prevent erosion and transport of sediment and pollutants to nearby waters.

c.

All buildings and structures except for those permitted to be located within shoreland wetlands (see section 38-740) regarding wetland protection standards shall be set back at least 25 feet landward from the boundary of wetlands. This setback area is subject to the provisions of section 38-740.

(5)

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

(Code 2000, § 38-595; Res. No. 72-16, 9-20-2016; Res. No. 1-19, 2-19-2019)