A.
B.
Visual
clearance triangle.
(1)
In each quadrant of every public street intersection there shall
be a visual clearance triangle bounded by the street center lines
and a line connecting points on them 300 feet from a Class A highway
intersection, 200 feet from a Class B highway intersection and 150
feet from a Class C highway intersection.
(2)
Objects permitted within highway setback lines and visual clearance
triangles:
C.
Setbacks
from private roads and access easements. When serving more than one
residence or parcel, the setback shall be 30 feet from the described
private road or easement; in case of a private road or easement that
does not have a legal description, 30 feet from the nearest point
on the edge of the traveled way.
A.
Building setbacks are established to conform to health, safety and
welfare requirements, preserve natural beauty, reduce flood hazards
and avoid water pollution. All buildings and structures shall be set
back at least 75 feet from the ordinary high-water mark of navigable
waters. Exceptions: Boathouses, stairways, walkways, piers, and patios
may require a lesser setback.
|
NOTE: There are increased setbacks and other zoning restrictions
in some areas. Retaining walls are prohibited within the seventy-five-foot
setback area. In situations where overlapping setbacks (e.g., road
and water) exist, a variance is required.
|
(1)
Stairs, elevated walkways and rail systems and that portion of piers
landward of the ordinary high-water mark are exempted from the shoreline
setback requirement provided:
(a)
The structure is necessary to access the shoreline because of
steep slopes or wet, unstable soils.
(b)
The structure shall be located so as to minimize earth disturbing
activities and shoreline vegetation removal during construction and
to be visually inconspicuous as viewed from the adjacent waterways
and public thoroughfares.
(c)
The structure shall be no more than five feet wide.
(d)
Structures shall be inconspicuously colored.
(e)
Railings are permitted only where required by safety concerns.
(f)
Canopies and roofs on such structures are prohibited.
(g)
Stairways shall be supported on piles or footings rather than
being excavated from erodible soils or steep slopes.
(h)
Landings for stairways or docks are permitted only where required
by safety concerns and shall not exceed 40 square feet in area.
(i)
Stairway and landing structures shall be a minimum of six inches
above average grade at the lowest point.
(j)
Measures shall be taken to prevent erosion of the area beneath
stairs and landings. An erosion control plan shall define the measures
and a long-term maintenance plan approved by Adams County shall be
included with the zoning permit application and implemented upon completion
of the project.
(k)
Elevated walkways over shore wetland areas must be installed
in a manner involving the least amount of wetland disturbance possible.
(2)
Patios. The Planning and Zoning Department shall grant special zoning permission for the construction or placement of a structure on property in a shoreland setback area if all of the following apply (see Article V, Mitigation):
(a)
The part of the structure that is nearest to the water is located
at least 35 feet landward from the ordinary high-water mark.
(b)
Total area of all structures in the shoreland setback area of
the property will not exceed 200 square feet. In calculating this
square footage, boathouses shall be excluded.
(c)
The structure that is the subject of the request for special
zoning permission has no sides or has open or screened sides.
(d)
Adams County shall approve a plan that will be implemented by
the owner of the property to preserve or establish a vegetative buffer
zone that covers at least 70% of the half of the shoreland setback
area that is nearest to the water.
(3)
Boathouses. Located entirely above the ordinary high-water mark and
entirely within the access and viewing corridor that do not contain
plumbing and are not used for human habitation.
(a)
The construction or placement of boathouses below the ordinary
high-water mark of any navigable waters shall be prohibited.
(b)
Boathouses shall be designed and constructed solely for the
storage of boats and related equipment.
(c)
One boathouse is permitted on a lot as an accessory structure.
(d)
Boathouses shall be constructed in conformity with local floodplain
zoning standards.
(e)
Boathouses shall not exceed one story and 450 square feet in
area.
(f)
New boathouse (constructed after January 4, 2017) roofs shall
have a pitched roof that is no flatter than 4/12 pitch, and shall
not be designed or used as decks, observation platforms or for other
similar uses.
[Amended 4-17-2019 by Ord. No. 8-2019]
(g)
Boathouse eaves (roof overhang) shall not exceed 24 inches.
(h)
Boathouse walls shall not exceed a height of 10 feet above lowest
finished grade.
(i)
Boathouses shall meet the minimum side yard setbacks for a structure
of the applicable zoning district.
(j)
Subdued earth-toned color shall be required for all exterior
surfaces of a boathouse.
(k)
The main door shall face the water and one service door not
exceeding 38 inches is allowed.
(l)
Patio doors, fireplaces, plumbing and other features inconsistent
with the use of the structure exclusively as a boathouse are not permitted.
(m)
Use of a boathouse for habitation by humans or animals is prohibited.
(n)
Boathouses shall be placed entirely within the view/access corridor.
(o)
Existing boathouse: The roof may be used as a deck, provided
that:
[Added 4-17-2019 by Ord. No. 8-2019]
(4)
Other exemptions.
(a)
Broadcast signal receivers, including satellite dishes or antennas
that are one meter or less in diameter and satellite earth station
antennas that are two meters or less in diameter.
(b)
Utility transmission and distribution lines, poles, towers,
water towers, pumping stations, well pumphouse covers, private on-site
wastewater treatment systems that comply with Ch. SPS 383, Wis. Adm.
Code, and other utility structures that have no feasible alternative
location outside of the minimum setback and that employ best management
practices to infiltrate or otherwise control stormwater runoff from
the structure.
(c)
Devices or systems used to treat runoff from impervious surfaces.
B.
Existing exempt structures. Existing exempt structures may be maintained,
repaired, replaced, restored, rebuilt and remodeled provided the activity
does not expand the footprint and does not go beyond the three-dimensional
building envelope of the existing structure. Expansion of a structure
beyond the existing footprint may be allowed if the expansion is necessary
to comply with applicable state or federal requirements. Mitigation
is not required.
C.
Livestock shall be prohibited closer than 35 feet to any navigable
water body with the exception of a stream crossing that meets United
States Department of Agriculture (USDA) Natural Resources Conservation
Service Standard 578, Stream Crossing, and does not exceed 10 feet
in width.
A.
Basic requirements.
(1)
Height. All buildings and structures shall comply with the applicable
zoning district requirements; however, to protect and preserve wildlife
habitat and natural scenic beauty, on or after February 1, 2010, any
construction that results in a structure taller than 35 feet within
75 feet of the ordinary high-water mark of any navigable waters is
prohibited.
(2)
To protect and preserve wildlife habitat and natural scenic beauty,
on or after February 1, 2010, a county may not permit any construction
that result in a structure taller than 35 feet within 75 feet of the
ordinary high-water mark of any navigable waters.
(3)
Structure height is the measurement of the vertical line segment
starting at the lowest point of any exposed wall and its intersect
with the ground to a line horizontal to the highest point of a structure,
unless specified under other sections of this chapter.
B.
Setbacks.
(1)
All buildings and structures shall be set back per the applicable
zoning district yard requirements, including a minimum seventy-five-foot
setback from the ordinary high-water mark.
(2)
Zoning district yard setback exceptions.
[Amended 4-17-2019 by Ord. No. 8-2019]
(a)
Residential fences, hedges, and tree plantings are permitted
along the inside of property lines or in the yards of residential
districts.
(b)
Security fences are permitted along the property lines in all
districts but shall not exceed 10 feet in height and shall be of an
open type similar to woven wire or wrought iron fencing.
(c)
Farm-related fencing is permitted along the property lines or
in the yards of General Purpose Districts provided that a substantial
impediment to visibility is not thereby created.
(d)
Vegetation and certain accessory structures used for landscaping
and decorating in the required front, rear and side yards. Structures
and vegetation include, but are not limited to, flagpoles, ornamental
light standards, ornamental ponds and fountains, lawn furniture, sundials,
birdbaths, trees, shrubs and flowers.
A.
Reduced principal structure setback. A setback less than the seventy-five-foot
required setback from the ordinary high-water mark shall be permitted
for a proposed principal structure and shall be determined as follows:
(1)
Where there are existing principal structures in both directions,
the setback shall equal the average of the distances the two existing
principal structures are set back from the ordinary high-water mark
provided all of the following are met:
(a)
Both of the existing principal structures are located on adjacent
lot to the proposed principal structure.
(b)
Both of the existing principal structures are located within
250 feet of the proposed principal structure and are the closest structure.
(c)
Both of the existing principal structures are located less than
75 feet from the ordinary high-water mark.
(d)
The average setback shall not be reduced to less than 35 feet
from the ordinary high-water mark of any navigable water.
(2)
Where there is an existing principal structure in only one direction,
the setback shall equal the average distance the existing principal
structure is set back from the ordinary high-water mark and the required
setback of 75 feet from the ordinary high-water mark provided all
of the following are met:
(a)
The existing principal structure is located on adjacent lot
to the proposed principal structure.
(b)
The existing principal structure is located within 250 feet
of the proposed principal structure and is the closest structure.
(c)
The existing principal structure is located less than 75 feet
from the ordinary high-water mark.
(d)
The average setback shall not be reduced to less than 35 feet
from the ordinary high-water mark of any navigable water.
Any such required setback area shall be kept clean and free
from the accumulation of debris and refuse. Such required setback
areas shall not be used for the storage or display of equipment, products,
vehicles, or other materials for a period to exceed six consecutive
months.
The following use restrictions and regulations shall apply:
A.
Only those principal uses specified for a district and their essential
services shall be permitted in that district.
B.
Only one principal structure shall be located, erected or moved onto
a lot, except in the General Purpose District, a permitted manufactured
home park or an approved and platted condominium.
C.
Customary accessory uses and structures are permitted in any district.
Accessory structures, including those for storage or occasional use
such as hunting quarters, shall not consist of truck bodies, recreational
vehicles, or mobile or manufactured homes. Residential accessory uses
shall not involve the conduct of any business, trade, or industry,
except in a residential district, home occupations and professional
home offices are permitted.
D.
Special exceptions and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Board of Adjustment in accordance with § 396-84 of this chapter.
E.
The regular outside parking of more than one truck, other than panel
or pickup trucks, or of other vehicular equipment, which exceeds 30
feet in length, shall be prohibited in all residential districts.
F.
Unclassified or unspecified uses shall not be permitted until the Board of Adjustment has reviewed and approved an application in accordance with the requirements of § 396-84 of this chapter.
G.
Temporary uses, such as real estate sales field offices or shelters
for materials and equipment being used in the construction of a permanent
structure, are permitted upon obtaining a permit from the Planning
and Zoning Department.
H.
No lot, yard, parking area, building area, or other space shall be
reduced in area or dimension so that it does not 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.
The County shall review, pursuant to § 236.45, Wis.
Stats., all land divisions in shoreland areas which create three or
more parcels or building sites of five acres each or less within a
five-year period. In such review all of the following factors shall
be considered:
The County shall enforce sanitary regulations for the protection
of health and the preservation and enhancement of water quality.
A.
Where public water supply systems are not available, private well
construction shall be required to conform to Ch. NR 812, Wis. Adm.
Code.
B.
Where a public sewage collection and treatment system is not available,
design and construction of a private on-site waste treatment system
shall, prior to July 1, 1980, be required to comply with Ch. SPS 383,
Wis. Adm. Code, and after June 30, 1980 be governed by a private sewage
system ordinance adopted by the County under § 59.70(5),
Wis. Stats.[1]
