ORDINANCE 969B

BOATHOUSE ZONING REGULATIONS

    THE CITY COUNCIL OF THE CITY OF LAKE MILLS, JEFFERSON COUNTY, WISCONSIN, DOES ORDAIN AS FOLLOWS:

Section 1.  Section 10-6-2-1-B-11 of the City of Lake Mills Municipal Code is repealed and recreated as follows:

B. Conditional Uses and Structures:  The following conditional uses may be allowed in the R-1 District subject to the provisions of Section 10-1-12:

11.  Boathouses, subject to the following conditions:

a. Submission to, and approval by, the Plan Commission as to the size, location, design and construction of the proposed boathouse.

b. Submission of a plat of survey depicting the location and dimensions of all existing structures located on the premises, the distances between such structures and between such structures and all lot lines, the height of any such structures, the ordinary high-water mark, the meander line, structures on adjacent properties within one hundred (100) feet, and other information as required by the Plan Commission.

c. The submission of detailed plans and specifications to the Plan Commission, depicting the boathouse to be constructed on the premises

d. Use. Shall be designed solely for boat storage and storage of related boating and lake use equipment and shall not be used for human habitation. Boathouses shall not be permitted to be connected to public utilities other than electricity.

e. Timing of Construction. A boathouse shall be considered an accessory building to a primary structure and shall not be constructed prior to construction of the principal building on the lot.

f. Number. Only one (1) boathouse shall be permitted on a lot.

g. Location. The construction or placing of a boathouse below the ordinary high-water mark of any navigable waters is strictly prohibited. Boathouses shall be located a minimum of three feet (3') from the ordinary high-water mark (OHWM), and a minimum distance from the side lot line that is equivalent to the side yard setback requirements for a principal structure within the zoning district.

h. Height. The highest point of the roof elevation of the boathouse shall not be more than a vertical measurement of twelve feet (12') above the lowest elevation of the boathouse structure.  Any railing to be placed on the roof of the boathouse may not exceed three and one-half feet (3.5') and such railing may not be solid in appearance.

i. Size. Boathouses shall not exceed four hundred square feet (400 SF) in area.

j. Boathouses shall comply with the provisions outlined in Section 10-9-1-3: S-W Shoreland-Wetland District and Chapter 10: Flood Plain Zoning and Sections 10-3-12, Removal of Shore Cover, and 10-3-13, Filling, Grading, Lagooning, Dredging, Ditching and Excavating.

k. There shall be a vision and access corridor in which boathouses shall be located and in which vegetation may be removed and trees and shrubs trimmed.  This vision and access corridor shall be an area that does not exceed thirty feet (30'), if the lot as measured at the OHWM is one hundred feet (100') or more in width.  If the lot width at the OHWM is less than one hundred feet (100'), then the vision and access corridor may be no more than thirty percent of the lot width. 

l. There shall be a strip of vegetative cover, known as a shoreland buffer, that is located thirty-five feet (35') inland from the OHWM and that extends the entire width of the lot, except within the vision and access corridor described in paragraph k.

m. If the slope extending landward from the OHWM within the shoreland buffer area is less than twenty percent (20%), then the thirty-five feet (35') may be measured along the land surface.  If the slope is greater than twenty percent (20%), then the shoreland buffer area shall be the horizontal distance of thirty-five feet (35') from the OHWM.  

n. Boathouses shall be placed within the vision and access corridor if they are to be located within the shoreland buffer.

o. Vegetation may be removed and trees and shrubs may be trimmed within the vision and access corridor, but such tree removal or trimming or other vegetative removal shall not occur within the shoreland buffer described in paragraph l, unless such removal or trimming is performed on diseased or dying vegetation. 

p. If vegetation has already been removed or tree and shrubbery cutting has already occurred within the shoreland buffer, and that vegetation removal or cutting has already occurred outside the vision and access corridor, then mitigation may be required under the boat house conditional use permit to restore a portion of the vegetation within the shoreland buffer.

q. Any stairways or pathways used for access to the lake and to the boathouse shall be located within the vision and access corridor. If stairways or pathways already exist within the shoreland buffer, relocation of those stairways or pathways to the vision and access corridor may be required under the conditional use permit.

r. If other structures already exist within the shoreland buffer, removal or relocation of those structures may be required under the conditional use permit. 

s. Design. The architectural design of the boathouse, and any associated stairs or paths, shall be harmonious with the surrounding landscape and shall have a minimal visual impact when viewed from the water.

t. All existing boathouses that were lawfully constructed prior to the enactment of this ordinance shall remain legal, non-conforming uses, and such boathouses may be maintained, but they may not be enlarged without obtaining a new conditional use permit and without coming into compliance with the terms of that new conditional use permit.

Section 2.  Section 10-3-8-C-5 of the City of Lake Mills Municipal Code is repealed and recreated as follows:

5.     Setbacks from navigable waters. All buildings and structures, except piers, boat hoists and boathouses which may require a lesser setback, shall be set back at least seventy five feet (75') from the ordinary high-water mark of navigable waters, unless section 10-3-8-C-6 is applicable.

Section 3.  Section 10-9-1-1-D-3 of the City of Lake Mills Municipal Code is amended as follows:

3. Accessory Buildings: Except as indicated below, the yard requirements of the principal uses shall apply to their accessory buildings:

                        Minimum Requirements

                Front        Side        Side        Rear

                Yard        Yard        Yard        Yard

Boathouses, private    No requirements See Section 10-6-2-1(B)(11) of this Title.

Section 4.  All ordinances or parts of ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed.

Section 5.  This ordinance shall be in full force and effect upon passage and publication.

    Adopted this _____ day of ___________________, 2006.

                                                                                                                                                                                 ___________________________________Ed Grunden, Council President

Attest:

____________________________________

James E. Heilman, City Clerk-Treasurer