[HISTORY: Adopted by the Village Board of the Village of
Athens 9-24-2018. Amendments noted
where applicable.]
This chapter is adopted pursuant to the authorization in §§ 61.35
and 61.353, Wis. Stats.
Uncontrolled use of the shorelands and the pollution of the
navigable waters of the Village of Athens 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:
This chapter shall be known as the "Shoreland Zoning For Annexed
Areas Ordinance for the Village of Athens, Wisconsin."
The use of shorelands within the shoreland area of the municipality
shall be in full compliance with the terms of this chapter 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 chapter.
Unless specifically exempted by law, all cities, villages, towns,
and counties are required to comply with this chapter and obtain all
necessary permits. State agencies are required to comply if Wis. Stat.
sec. 13.48(13) applies.
A.
This chapter supersedes all the provisions of any other applicable
municipal ordinance except that where another municipal ordinance
is more restrictive than this chapter, that ordinance shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
B.
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
In their interpretation and application, the provisions of this
chapter 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.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this chapter
shall not be affected.
A.
The Shoreland Zoning regulations apply only to the following shorelands:
(1)
A shoreland that was annexed by the Village of Athens 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 Athens 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.
B.
Determinations of the 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 ordinary highwater mark.
The lands regulated by this chapter are subject to all applicable
provisions of the Village of Athens Municipal Code. Where the provisions
of this chapter are more restrictive than other regulations in the
Municipal Code, the provisions of this chapter shall apply.
A.
Building and structure setbacks.
(1)
All buildings and structures shall be set back at least 50 feet from
the ordinary high-water mark.
(2)
Reduced principal building setback: A setback less than the fifty-foot
setback required from the ordinary high-water mark shall be permitted
for a proposed principal structure and shall be determined as follows:
(a)
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.
B.
Note: Exempt structures. Annexed areas that were subject to a county
shoreland zoning ordinance under Wis. Stat. sec. 59.692 and Wis. Admin.
Code NR 115 may have existing structures that were considered exempt
from the water setback, or the city/village has the option to allow
some exempt structures in the shoreland zone. See Appendix A for some
optional language for regulating those structures.
A.
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. Municipalities may allow expansion
of a structure beyond the existing footprint if the expansion is necessary
to comply with applicable state or federal requirements.
B.
Maintenance, repair, replacement or vertical expansion of structures
that were authorized by variance. (s. 59.692(1 k)(a)2. and (a)4.)
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.
Municipalities may allow expansion of a structure beyond the existing
footprint if the expansion is necessary to comply with applicable
state or federal requirements.
In this chapter:
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 highwater
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.
