New Auburn Village City Zoning Code
ARTICLE XVI
Shoreland Overlay District
§ 350-180 Statutory authorization.
This article is adopted pursuant to the authorization in Wis. Stats., §§ 61.35 and 61.353.
§ 350-181 Findings of fact and purpose.
Uncontrolled use of shorelands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
§ 350-182 General provisions.
A.
Compliance. The use of shorelands within the shoreland area of the municipality 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.
B.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all necessary permits. State agencies are required to comply if Wis. Stats., § 13.48(13) applies.
C.
Abrogation and greater restrictions.
(1)
This article supersedes all the provisions of any other applicable municipal ordinance 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.
(2)
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.
D.
Interpretation. 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 municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.
E.
Severability. Should any portion of this article be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
F.
Applicability of shoreland regulations.
(1)
The shoreland zoning regulations apply only to the following shorelands:
(a)
A shoreland that was annexed by the Village of New Auburn after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stats., § 59.692; and
(b)
A shoreland that before incorporation by the Village of New Auburn 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.
(2)
Determinations of the ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate office of the Wisconsin Department of Natural Resources for a final determination of ordinary high-water mark.
(3)
Effect on existing land division, sanitary, zoning and other regulations. The lands regulated by this article are subject to all applicable provisions of the Village of New Auburn Municipal Code. Where the provisions of this article are more restrictive than other regulations in the Municipal Code, the provisions of this article shall apply.
§ 350-183 Setbacks from the water.
Building and structure setbacks.
A.
All buildings and structures shall be setback at least 50 feet from the ordinary high-water mark.
B.
Reduced principal building setback. A setback less than the 50 feet setback required from the ordinary high-water mark shall be permitted for a proposed principal structure and shall be determined as follows:
(1)
Where there are existing principal buildings on each adjacent lot, the setback shall equal the average of the distances the two existing principal buildings are setback from the ordinary high-water mark or 35 feet from the ordinary high-water mark, whichever distance is greater.
§ 350-184 Maintenance, repair, replacement, or vertical expansion of nonconforming structures.
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 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. The expansion of a structure beyond the existing footprint may be allowed if the expansion is necessary to comply with applicable state or federal requirements.
§ 350-185 Maintenance, repair, replacement, or vertical expansion of structures that were authorized by variance.
A structure of which any part has been authorized to be located within the shoreland setback area by a variance granted before July 13, 2015, may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure. Additionally, the structure may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. The expansion of a structure beyond the existing footprint may be allowed if the expansion is necessary to comply with applicable state or federal requirements.
§ 350-186 Definitions.
In this article, the following definitions apply:
The main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
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.
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.