[HISTORY: Adopted by the Village Board of the Village of Vernon 5-12-2021 by Ord. No. 2021-03. Amendments noted where applicable.]
This chapter is adopted pursuant to the authorization in Wis. Stats., §§ 61.35 and 61.353.
Uncontrolled use of shorelands and pollution of the navigable waters of the Village 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:
A. 
Promote the public health, safety, convenience and general welfare;
B. 
Limit certain land use activities detrimental to shorelands; and
C. 
Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas.
Refer to § 306B-7. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.
A. 
This chapter supersedes all the provisions of any other applicable Village ordinance except that where another Village 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 Village 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.
The Shoreland District areas regulated by this chapter shall include all the lands (referred to herein as shorelands) in the Village of Vernon that are:
A. 
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources 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, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps 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 Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high-water mark.
D. 
Pursuant to Wis. Stats., § 61.353(2)(b) or 62.233, the Shoreland Zoning District does not include 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.
The lands within the Shoreland Zoning District are subject to all applicable provisions of the Village of Vernon Code of Ordinances. Where the provisions of this chapter are more restrictive than other regulations in the Code of Ordinances, the provisions of this chapter shall apply.
A. 
Building and structure setbacks. All buildings and structures shall be set back at least 75 feet from the ordinary high-water mark, except as follows:
(1) 
Piers may be erected on the bed of navigable waters pursuant to Chapter 30 of the Wisconsin statutes.
(2) 
Structures that meet all the following requirements are permitted subject to issuance of a zoning permit:
(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) 
The total floor area of all structures in the shore setback area of the property shall not exceed 200 square feet.
(c) 
The structure has no sides or has open or screened sides.
(3) 
A single stairway, rail system or walkway, determined by the Zoning Administrator, due to steep topography or severe soil limitations, to be necessary for access to a navigable waterway, shall be exempt from the shore setback requirements, provided the width of the stairway, rail system or walkway does not exceed five feet, subject to the issuance of a zoning permit. If the walkway is proposed in an area designated as wetland, the walkway shall be constructed on pilings. If the walkway is proposed in an area designated as floodplain, it shall comply with the standards in the Village Floodplain Ordinance.
(4) 
Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pump house covers, private on-site wastewater treatment systems that comply with Ch. SPS 383, Wis. Admin. 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.
(5) 
Devices or systems used to treat runoff from impervious surfaces.
(6) 
Principal building setback averaging. Where there is a development pattern with principal structures having shore setbacks less than 75 feet from the ordinary high-water mark of a navigable waterway, the setback requirements for principal structures shall be allowed to be reduced in accordance with the following setback averaging formulas:
(a) 
Where there are existing principal structures on each side, the shore setback shall equal the average of the distances that the two existing principal structures are 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:
[1] 
Both existing principal structures are located on an adjacent lot to the proposed principal structure.
[2] 
Both existing principal structures are located within 250 feet of the proposed principal structure and are the closest principal structures.
[3] 
Both existing principal structures are located less than 75 feet from the ordinary high-water mark.
[4] 
The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable waterway.
(b) 
In applying these shore setbacks averaging formulas to a proposed principal structure, the shore setback measurements shall be taken from other principal structures only, and the measurements shall not be from any immediately adjacent structures, such as decks, patios, retaining walls, swimming pools or sports courts.
(c) 
In applying these shore setbacks averaging formulas to a proposed functional appurtenance, such as a deck or patio, which is immediately adjacent to the principal structure, the shore setback measurements may be taken from other principal structures.
The area parallel to the ordinary high-water mark and extending 35 feet inland from all points along the ordinary high-water mark of a navigable waterway is considered a vegetation buffer zone and the removal of vegetation is prohibited, except as follows:
A. 
Routine maintenance of vegetation is permitted.
B. 
Removal of trees and shrubs within the vegetative buffer zone is allowed in order to create an access and viewing corridor. The access and viewing corridor shall not exceed 35% of the shoreland frontage of the property and shall include all improvements, such as walkways.
C. 
Removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard is permitted, provided that any vegetation removed shall be replaced by replanting in the same area as soon as practicable.
D. 
Any vegetative removal must comply with the Waukesha County Shoreland and Erosion Control Ordinance and any underlying Village of Vernon zoning district or zoning district overlay requirements.