§ 100-283. Shoreland protection overlay district and floodplain/wetlands setback zoning standards.

(a)

Purpose. The shoreland protection overlay district is intended to describe the lands and regulations pertaining to the use of the land within shoreland areas of the Village of Mukwonago, pursuant to the authority for the protection of shoreland properties provided to municipalities by W.S.A., §§ 61.35 and 61.353. These regulations promote the appropriate use of properties surrounding areas, as well as accomplishing the following:

(1)

Promote the health, safety, and general welfare of the public by buffering flood plains and wetlands and surrounding bodies of water needed for the conveyance and filtering of stormwater by preserving the natural landscape of the floodplains, wetlands and buffer.

(2)

Promote the health, safety, and general welfare of the public by buffering shorelands or waterways (navigable lakes, ponds and flowages) outside of a shoreland protection overlay district needed for grading and conveyance and filtering of stormwater.

(3)

Protect persons and property from undue hardship by controlling the placement of buildings an appropriate distance away from shorelands, floodplains, wetlands and surrounding bodies of water.

(b)

Definitions. Specific terms and phases within this section 100-283 shall have the definitions as referenced below:

Shoreland. As defined as "shorelands" in section 100-29 of this Code.

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

Accessory structure is defined as accessory use or structure in Section 100-29.

(c)

District boundaries. The shoreland protection overlay district requirements of this section are standards that apply pursuant to W.S.A., § 61.353, to shoreland annexed to the Village of Mukwonago after May 7, 1982, that prior to annexation was subject to a county shoreland zoning ordinance under W.S.A., § 59.692. The requirements of this shoreland protection overlay district may be more restrictive than the underling zoning district or districts placed on a property; however, the shoreland protection overlay district requirements do not supersede the standards of the floodplain zoning districts of 100-271 through 100-282. In all cases, the more restrictive standards apply. Outside of the district boundaries of the shoreland protection overlay district, the standards of the underlying zoning district apply, except for the setbacks identified in section 100-283(k). The shoreland protection overlay district shall include all lands in the Village of Mukwonago that are within the following distances from the ordinary high water mark of the following navigable waters:

(1)

One thousand feet of navigable lakes, ponds, or flowages; and

(2)

Three hundred feet from a river or stream or the landward side of the floodplain, whichever is greater.

(d)

Mapping of the district boundaries. The shoreland protection overlay district boundary shall apply to all properties within the Village of Mukwonago as described in section 100-283(c) whether mapped or not on the official zoning map of the Village of Mukwonago. When information is available regarding the ordinary high-water mark of navigable waters for properties through prior or new engineering studies, the village board shall strive to at least annually update the zoning map with the shoreland protection overlay district boundary. The mapping of district boundaries also includes the following:

(1)

Any property annexed or attached to the Village of Mukwonago within the distance of navigable waters as described in section 100-283(c) shall be automatically placed in the shoreland protection overlay district.

(2)

The shoreland protection overlay district does not include lands adjacent to an artificially constructed drainage pit ditch, pond, or any stormwater management facility which are non-hydrologically connected to a natural navigable body of water.

(e)

Determination of navigability. A determination of navigability and ordinary high water mark locations shall be made by the village zoning administrator. Lakes, ponds and flowages shall be presumed to be navigable if listed in the Wisconsin Department of Natural Resources Service Water Data, or shown on the United States Geological Survey Quadrangle Maps, or other applicable zoning base maps. Rivers and streams shall be presumed to be navigable if designated as continuous waterways, or intermittent waterways shown on the United States Geological Survey Quadrangle Maps. To assist in the determination of navigability, the zoning administrator shall utilize engineering studies and will also seek the assistance of the Wisconsin Department of Natural Resources for a final determination of navigability or for the ordinary high water mark.

(f)

The building location within the shoreland protection overlay district.

(1)

Principal building location:

a.

All principal building shall be located at a minimum distance of 50 feet from the ordinary high water mark or a minimum of 20 feet from a mapped floodplain or identified wetland boundary, which ever distance is greater from the ordinary high water mark. In addition, any principal building shall be located at least two feet above the floodplain elevation. The village plan commission may increase the minimum distance from the principal building from a mapped floodplain or identified wetland due to the size or use intensity of the building, the need to further buffer a sensitive environmental area or the need to provide an increased area for stormwater runoff and water quality from the principal building.

b.

The principal building may be located at a distance less than required in section 100-283(f)(1)a. if the principal building is constructed or placed in a lot immediately adjacent on each side to a lot containing a principal building and the principal building is constructed or placed within a distance equal to the average distance of the principal buildings on adjacent lots from the ordinary high water mark. However, the minimum distance from the ordinary high water mark shall not be less than 35 feet.

c.

The minimum distance requirements of sections 100-283(f)(1)a. and 100-283(f)(1)b. shall not allow a principal building to be placed closer to a property line than allowed within the underlying zoning district.

(2)

Accessory structure location:

a.

All accessory structures shall be located a minimum distance of 50 feet from the ordinary high water mark or a minimum of 20 feet from the mapped floodplain of identified wetland boundary, whichever distance is greater from the ordinary high water mark. In addition, any accessory structures shall be located at least two feet above the floodplain elevation. The village plan commission may increase the minimum distance for an accessory structure from a mapped floodplain or identified wetland due to size or use intensity of the structure, or are needed to further buffer a sensitive environmental area or the need to provide an increased area for stormwater runoff and water quality from the building.

b.

The minimum distance requirements of section 100-283(f)(2)a. shall not allow an accessory structure to be placed closer to a property line than allowed within the underlying zoning district.

(g)

Other minimum distance requirements within the shoreline protection overlay district.

(1)

All other man made development or construction on a property, such as a parking lot, parking lot access drive, driveway, sidewalk or paved trail, playground equipment, utility or telecommunication equipment, retaining wall, etc., shall be located a minimum distance of 35 feet from the ordinary high water mark, or a minimum of 20 feet from a mapped floodplain or wetland boundary, whichever distance is greater from the ordinary high water mark. The village plan commission may increase the minimum distance for a man made development from a mapped floodplain or identified wetland due to size or use intensity of the structure, needed to further buffer a sensitive environmental area or the need to provide an increased area for stormwater runoff and water quality.

(2)

The minimum distance requirements of section 100-283(g)(1) shall not allow a man made development or construction building to be placed closer to a property line than allowed within the underlying zoning district or the parking standards of the zoning ordinance.

(h)

Required buffer zone and maintenance within the shoreland protection overlay district.

(1)

Any person or entity who owns shoreland property containing vegetation shall maintain a vegetative buffer zone along the entire shoreline of their ownership and extending 35 feet from the ordinary high water mark of navigable water, except as provided for in section 100-283(h)(2) and (3).

(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. If owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

(3)

Any person or entity required to maintain or establish a vegetative buffer may remove all of the vegetation in part of the buffer zone in order to establish a viewing or access corridor that is no greater than 30 feet for every 100 feet of shoreline frontage, extending no more than 35 feet from the ordinary high water mark.

(4)

Not withstanding the requirements of sections 100-283(h)(1) and 100-283(h)(2), any man made development or construction that enhances the recreation and/or open space use and enjoyment of the buffer area may be allowed if permitted by Wisconsin Department of Resources, or allowed by the village zoning administrator if the Wisconsin Department of Natural Resources does not have permanent jurisdiction, provided the development or construction is allowed in the underlying zoning district, or any floodplain zoning district. Such development or construction activity may include a wood chip path, stone or wood steps on a steep slope, boardwalk, wood or stone sitting bench, canoe launch, boat dock or bird feeder.

(i)

Statement of deed restriction and enforcement. The regulations and standards within this section 100-283 may conflict with or be less than private deed restrictions placed upon property within the village by the restrictive covenants or the by the restrictions placed on a plat of subdivision or certified survey map. The Village of Mukwonago does not enforce private deed restrictions. The village zoning administrator shall be responsible for the enforcement of the restrictions and standards of this section 100-283, with assistance from the village building inspector, village attorney and village engineer and village planner.

(j)

Other floodplain and wetland setbacks. In all zoning districts, all principal buildings, accessory structures, and manmade development or construction shall be located at a minimum of 20 feet from any mapped floodplain or indentified wetland boundary that are not within its shoreland protection overlay district. In addition, any principal building and accessory structure shall be located at least two feet above the floodplain elevation. The village plan commission may increase the minimum standards for a principal building and/or accessory structure from a mapped floodplain or identified wetland due to size or use intensity of the building, needed to further buffer a sensitive environmental area or the need to provide an increased area for stormwater runoff and water quality from the building.

(Ord. No. 876, § I, 6-19-14)