"Shoreland" means the area within the following distances from
the ordinary high-water mark of navigable waters: 1,000 feet from
a lake, pond or flowage; 300 feet from a river, a stream; or to the
landward side of the floodplain, whichever distance is greater.
Pursuant to § NR 117.05(1)(b)1, Wis. Adm. Code, the Village shall adopt an ordinance or an amendment to an existing ordinance or zoning code which creates a shoreland-wetland zoning district for all wetlands of five acres or more, and all portions of wetlands of five acres or more, which are shown on the final wetland inventory maps and which are located in shorelands within the Village. The Village has the option and will continue to zone any wetlands within the Village, including wetlands which are less than five acres in size. The Village will continue to rezone any wetland, regardless of its size, into either the C-1 Lowland Resource Conservancy District pursuant to §
420-128 of this chapter or the C-3 Natural and Scientific Area Resource Conservancy District pursuant to §
420-130 of this chapter.
In addition to the requirements of this Article
XV, all applicable use, site or sanitary restrictions and regulations within the underlying zoning district(s) shall apply to shorelands.
All buildings and structures, except navigational aids, docks,
piers and boat-launching facilities, shall not be closer than the
shore setback distance as specified in each underlying zoning district
of this chapter.
Any lots created by a subdivision after July 17, 2017 (date
this ordinance is adopted), shall be located a minimum of 35 feet
from the ordinary high-water mark of any navigable waterway, and said
setback area be located within a protected easement, except if the
lot is part of an existing residential subdivision wherein the other
lots in the subdivision abut the navigable waterway, such as existing
lots adjacent to Lake Michigan or Lake Russo, wherein similar property
lines are maintained.
Pursuant to § 66.1036, Wis. Stats., if a building
permit is issued for an activity in the shore setback area to which
§ 59.692(1k)(a) or (b), Wis. Stats., applies, then the Village
shall provide a copy of the building permit to the Kenosha County
Clerk.
The Village may not commence an enforcement action against a
person who owns a building or structure that is in violation of any
Village shoreland zoning standards in the chapter if the building
or structure has been in place for more than 10 years.