The use of wetlands and the alteration of wetlands within the shoreland area of the Village of Monticello shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see §
368-14 of this chapter for the standards applicable to nonconforming uses.) 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, town
and counties are required to comply with this chapter and obtain all
necessary permits. State agencies are required to comply if § 13.48(13),
Wis. Stats., applies. The construction, reconstruction, maintenance
and repair of state highways and bridges by the Wisconsin Department
of Transportation are exempt when § 30.2022, Wis. Stats.,
applies.
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. Where
a provision of this chapter is required by a standard in Chapter NR
117, Wis. Adm. Code, and where the Chapter provision is unclear, the
provision shall be interpreted in light of the Chapter NR 117 standards
in effect on the date of the adoption of this chapter or in effect
on the date of the most recent text amendment to this chapter.
Should any portion of this chapter be declared invalid or unconstitutional
for any reason by a court of competent jurisdiction, the remainder
of this chapter shall not be affected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Applicability. This section applies to the following shoreland areas:
(1) A shoreland that was annexed by the Village of Monticello after May
7, 1982, and that prior to annexation was subject to a county shoreland
zoning ordinance under § 59.692 of the Wisconsin Statutes.
(2) A shoreland that before incorporation by the Village of Monticello
was part of a town that was subject to a county shoreland zoning ordinance
under § 59.692 of the Wisconsin Statutes if the date of
incorporation was after April 30, 1994.
(3) Shoreland areas regulated by this chapter shall include all the lands
in the Village of Monticello that are:
(a)
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds, or flowages. Lakes, ponds, and flowages shall be presumed
to be navigable if they are listed in the Wisconsin Department of
Natural Resources (DNR) Surface Water Data viewer available on the
DNR website, or are shown on United States Geological Survey quadrangle
maps or other zoning base maps.
(b)
Within 300 feet of the ordinary high-water 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, or other existing floodplain Zoning
Maps approved by the DNR shall be used to delineate floodplain areas.
(c)
Determinations of navigability and ordinary high-water mark
location shall initially be made by the Zoning Administrator. When
questions arise, the Zoning Administrator shall contact the appropriate
district office of the DNR for a final determination of navigability
or ordinary high-water mark.
(4) Pursuant to § 61.353 or 62.233 of the Wisconsin Statutes,
this section does not apply to 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.
B. Setbacks from navigable waters.
(1) Principal building setbacks: All principal buildings shall be set
back at least 50 feet from the ordinary high-water mark.
(2) Adjustment of shore yards: A setback less than that required by Subsection
B(1) may be allowed if all of the following apply:
(a)
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.
(b)
The principal building is constructed or placed within a distance
equal to the average setback of the principal building on the adjacent
lots or 35 feet from the ordinary high-water mark, whichever distance
is greater.
C. Boathouses. The use of a boathouse for human habitation and the construction
or placement of a boathouse or fixed houseboat below the ordinary
high-water mark of any navigable waters are prohibited.
D. Accessory structures other than boathouses. Accessory structures may be placed in side and street yards, provided they meet all other applicable requirements of Chapter
380, Zoning, and the Code of the Village of Monticello.
E. Vegetative buffer zone. A vegetative buffer zone shall be maintained
in the shoreland area in accordance with the following requirements:
(1) A person who owns shoreland property that contains vegetation must 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 Subsection
E(2) and
(3) below.
(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 invasive, dead, or diseased vegetation, except that
if the owner removes all of the vegetation in the vegetative buffer
zone, the owner shall establish a vegetative buffer zone with new
vegetation.
(3) A person who is required to maintain or establish a vegetative buffer
zone under this subsection may remove all of the vegetation in a part
of that zone in order to establish a viewing and access corridor that
is no greater than 30 feet wide for every 100 feet of shoreline frontage.