This article is adopted pursuant to the authorization in Wis. Stat. Sec. 61.35 and 61.353.

Uncontrolled use of shorelands and pollution of the navigable waters of the Village of Weston 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:

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.

The jurisdiction of this article shall include all lands and waters within the corporate limits of the Village of Weston.

The use of shorelands within the shoreland area of the Village of Weston 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.

Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all required permits. State agencies are required to comply if Wis. Stat. § 13.48(13) applies. The construction/reconstruction, maintenance/repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when Wis. Stat. § 30.12 applies.

This article supersedes all 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 of the greater restrictions, but not otherwise.

1. 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.

The following are terms of Article: Village shall mean Village of Weston, Plan Commission shall mean the Village of Weston Plan Commission, Village Board shall mean the Village of Weston Village Board, Zoning Board of Appeals shall mean the Village of Weston Zoning Board of Appeals.

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 of Weston and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.

Should any portion of this article be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this article shall not be affected.

The Shoreland Zoning District regulations apply only to the following shorelands:

1. A shoreland that was annexed by the Village of Weston after May 7, 1982, and that prior to annexation was subject to a County Shoreland Zoning Ordinance under Wis. Stat. Sec. 59.692; and
2. A shoreland that before incorporation by the Village of Weston was part of a town that was subject to a County Shoreland Zoning Ordinance under Wis. Stat. Sec. 59.692 if the date of incorporation was after April 30, 1994.
   1. District Boundaries. The Shoreland District areas regulated by this article shall include all the lands (referred to herein as shorelands) in the Village of Weston that are:
      1. Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources Surface Water Data viewer, available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps.
      2. Within 300 feet of the ordinary highwater 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.
      3. Determinations of navigability and ordinary highwater mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary highwater mark.
      4. Pursuant to Wis. Stat. Sec. 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.
3. Effect of existing land division, sanitary, zoning and other regulations. The lands within the Shoreland Zoning District are subject to all applicable provisions of the Village of Weston 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.

The Zoning Administrator or their designee(s) are hereby designated as the administrative and enforcement officer(s) for the provisions of this article. The duty of the Zoning Administrator’s designees shall be to interpret and administer this article and to issue, after on-site inspection, all permits required by this article. They shall further:

1. Maintain records of all permits issued, inspections made, work approved, and other official actions.
2. Record the lowest floor elevations of all structures erected, moved, altered, or improved in the floodland districts.
3. Establish that all necessary permits that are required for floodland uses by State and Federal law have been secured.
4. Inspect all structures, lands, and waters as often as necessary to assure compliance with this Article.
5. Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this article to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the Village Attorney.
6. Assist the Village Attorney in the prosecution of violations of this Article.
7. Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by them to ensure compliance with this article. If, however, they are refused entry after presentation of their identification, they may procure a special inspection warrant in accordance with Wis. Stat. § 66.0119.
8. Prohibit the use or erection of any structure, land or water until they have inspected and approved such use or erection.
9. Request assistance and cooperation from the Police Department and Village Attorney as deemed necessary.
10. Attend all meetings of the Plan Commission and the Zoning Board of Appeals.

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a building permit from the Building Inspector, per Chapter 14, Article 2.

1. No vacant land shall be occupied or used; and no building or premises shall be erected, altered, or moved, or create change in use; and no nonconforming use shall be maintained, renewed, changed, or extended until a certificate of occupancy has been issued by the Village Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this article and Chapter 14. Such certificate shall be applied for at the time of occupancy of any land and/or building.
2. No land within the Floodland Districts shall be developed, occupied or used, and no structure hereafter erected, altered, or moved shall be occupied until the applicant submits to the Building Inspector a certification by a registered professional engineer or land surveyor that the floodplain regulations set forth in this Chapter have been fully complied with. Such certification shall include the elevations of the lowest opening and the lowest floor of any structure erected on the site.
3. No building located in a business or industrial zone and used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new certificate of occupancy the Building Inspector. Such certificate shall show that the building or premises, or part thereof, is in compliance with the provisions of this Chapter, Uniform Dwelling Code (as applicable), Electrical Code, Fire Prevention Code and the Plumbing Code of the Village and State of Wisconsin. Such certificate of occupancy for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner.

See Article 16 Procedures and Administration Section 94.16.06 Conditional Uses

See Article 13 Signs Section 94.13.02 Sign Permits

It is the responsibility of the permit applicant to secure all other necessary permits required by any State, Federal, or local agency. This includes, but is not limited to, a water use permit pursuant to Wis. Stat. Chapter 30 or a wetland fill permit pursuant to Section 404 of the Clean Water Act.

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The Zoning Administrator or their designee, in applying the provisions of this section, shall in writing recite the particular facts upon which they base their conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if they so desire. Thereafter, the Plan Commission may affirm, modify, or withdraw the determination of unsuitability. In addition:

1. All lots shall abut upon a public street, and each lot shall have a minimum frontage as defined by Figures 5.01(1) Rural, Open Space and Residential District Lot Dimensions and Intensity Standards and 5.02(1) Non-residential District Density and Intensity Standards in Article 5 Density, Intensity and Bulk Regulations.
2. All principal structures shall be located on a lot; and only one principal structure shall be located, erected, or moved onto a lot in single-family and two-family residential districts. The Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.
3. No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
4. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards on the less restrictive district shall be modified for a distance of not more than 50 feet from the district boundary line so as to equal the average of the street yards required in both districts.
5. Buffering. The Plan Commission may require the construction of a buffer between dissimilar zoning districts or dissimilar uses to screen the dissimilar activities from view. The buffer may consist of a landscaped buffer yard, a landscaped berm, a screening fence or wall, or a combination of buffering/screening elements. The specific design of which shall be approved by the Plan Commission in order to sufficiently provide attractive visual screening and in a maintained fashion during all seasons if landscaped or with attractive view and design from adjacent properties and right-of-way if screened by architectural wall or fence.

The following use restrictions and regulations shall apply:

1. Permitted Uses: Only those permitted uses specified for a district, their essential services, and the following uses shall be permitted in that district.
2. Accessory uses and structures are permitted in accordance with Section 94.4.09 of this Chapter in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations and professional home offices as defined in this Ordinance.
3. Conditional Uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission in accordance with Section 94.16.06 of this Chapter.
4. Legal Non-Conforming Uses are considered as special uses that at one time were legally approved and met the standards of the code, but now for various reasons no longer conform to the code. Some of these uses may be granted Legal Non-Conforming Conditional Use status to allow for the expansion and/or modification of said use.
5. Temporary Uses are uses in accordance with Section 94.4.10 of this Chapter that an approved permitted or conditional use desires to add to their operations for a limited time and a limited scope, but would not necessarily be a permitted or conditional use of its own accord. The Plan Commission shall give great weight to the protection of public safety and welfare when considering the appropriateness of Temporary Uses.

In addition to any other applicable use, site, or sanitary restrictions and regulations, the following regulations shall apply to all shorelands, as defined in Section 94.8.10 of this article.

1. Tree Cutting and Shrubbery Clearing. Tree cutting and shrubbery clearing within 100 feet of the ordinary high water mark of all navigable waters is prohibited except for home site development; park site development; access roads; path and trail construction; timber stand improvement; customary trimming; dead tree removal; and managed timber harvesting under a State District Forester's Plan. Such tree cutting and shrubbery clearing shall not involve the clear cutting of more than 30 feet in any 100 feet, as measured along the ordinary high water mark, and shall be so regulated as to prevent erosion and sedimentation, preserve and improve scenic qualities, and during foliation substantially screen any development from stream or lake users. Paths and trails shall not exceed ten (10) feet in width and shall be so designed and constructed as to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty.
2. A shoreland that was annexed by the Village after May 7, 1982, and prior to annexation, was subject to a County Shoreland Zoning Ordinance shall be subject to the following additional provisions:
   1. Any person who owns shoreland property that contains vegetation shall 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 (2).
   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 such vegetation, except that if the owner removes all of the vegetation, as described herein, within the vegetative buffer zone, the owner shall reestablish vegetation within the vegetative buffer zone.
   3. A person who is required to maintain or establish a vegetative buffer zone under (1) or (2) shall be allowed to remove all of 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 per every 100 feet of shoreline frontage and that extends no more than 35 feet inland from the ordinary high-water mark.
   4. For the purposes of this section, vegetative buffer zone is defined as land that extends from the ordinary high-water mark to 35 feet inland.
3. Earth movements, such as construction, altering or enlargement of waterways, removal of stream or lake bed materials, channel clearing, dredging, lagooning, grading, topsoil removal, filling, road cutting, ditching, and soil and water conservation structures are conditional uses in accordance with Section 94.16.06 of this Ordinance in addition to any permit required from the state agency having jurisdiction under Wis. Stat. §§ 30.11, 30.12, 30.19, 30.195, and 30.20.
4. Shoreland Setback. Areas within shorelands as defined by this article shall be subject to the following:
   1. Within the shoreland area, no structure, except navigational aids, piers and boat launching facilities, shall be closer than 75 feet to the ordinary highwater mark of a navigable body of water and two feet above the experienced highwater mark unless a smaller setback is approved by the Plan Commission. A shoreland that was annexed by the Village after May 7, 1982, and prior to annexation was subject to a County Shoreland Zoning Ordinance shall be subject to the following additional provisions:
      1. A shoreland setback area of at least 75 feet from the ordinary high-water mark, except as provided in (2).
      2. Construction or placement of a structure within the shoreland setback area established under (1) shall be allowed if all of 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.
         2. The structure is constructed or placed within a distance equal to the average setback of the structure on the adjacent lots or 50 feet from the ordinary high-water mark, whichever distance is greater.
         3. For purposes of this section, structures shall include: fences, ice fishing shanties, accessory structures other than boathouses, minor structures, and retaining walls not approved by the Wisconsin Department of Natural Resources (DNR).
         4. For purposes of this section, principal building means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
5. Tillage, grazing, livestock watering and feeding, and application of fertilizers shall be prohibited unless conducted in accordance with applicable County, State and Federal laws and regulations and unless conducted in such a manner as to safeguard the health, safety and welfare of individuals, animal and aquatic life, in the surrounding environment.
6. Surface water withdrawal and diversion, or discharge for irrigation, processing, cooling or other purposes are conditional uses in accordance with Section 94.16.06 of this Ordinance. The Plan Commission shall then advise the state agency having jurisdiction under Wis. Stat. §§ 30.18 and Chapter 281 Subchapter II of its findings, prior to the issuance of the required state permits.
7. Crop production on lands with an erosion factor of three or more is prohibited and such lands shall be planted to permanent vegetation.
8. Shoreland regulations do not apply to lands adjacent to an artificially constructed drainage ditch, pond, or storm water retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.
9. “Shorelands” has the meaning given in Wis. Stat. § 59.692(1) and (2).
10. “Shoreland setback” has the meaning given in Wis. Stat. § 59.692(1)(bn).

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this Chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.
[Amended by Ord. No. 17-98-1, § 1(e), 11-16-1998; Ord. of 8-21-2014]