01-21-2020 Planning Commission Packet

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343 (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots 344 or parcels without public waters frontage, or, if located on lots or parcels with public waters 345 frontage, must either be set back double the normal ordinary high water level setback or be 346 substantially screened from view from the water by vegetation or topography,assuming summer, 347 leaf-on conditions. 1348 (5) Fences,docks,retaining walls.No fence shall be placed within the share-setbackShore Setback 349 zone.Portions of dock located landward of the OHWL shall be considered as a landing,subject 350 to the regulations for landings per section 78-1282.Retaining walls shall not be placed within the 1351 share-setbackShore Setback zone. 352 (6) Average lakeshore setback. No principal or accessory building shall be located closer to the 353 Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing 354 principal buildings on adjacent lots;This does not apply to patios and other accessory structures 355 less than 42 inches above existing grade,and/or stairways, lifts,landings,lockboxes,flagpoles 356 and pump houses.Further,the average lakeshore setback shall apply only to classified lakes and 357 shall not apply to tributaries.The average lakeshore setback line shall be a straight line connecting 358 the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore 359 lots. 360 a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- 361 way,the average lake shore setback shall be equivalent to the setback of the most lakeward 362 protrusion of the principal building on the immediately adjacent improved lakeshore lot. 363 b. In situations where the average lake shore setback line bisects the principal building located 364 on either adjacent lot,the next most adjacent lake side point of the bisected principal building 365 shall be used for determining the average lakeshore setback.If the line continues to bisect 66 the principal building,the next most lakeside point is to be used until the setback line does 67 not bisect the principal building on an adjacent lot. 368 (Ord.No. 101 2nd series,§ 1(10.56(16)(C)),2-24-1992;Ord.No. 11 3rd series,§ 1,5-24-2004;Ord.No. 369 106 3rd series,§28,6-10-2013;Ord.No. 157 3rd series,§1,8-10-2015;Ord.No.222 3rd series,§ 19, 370 12-10-2018;Ord.No.234 3rd series,§1,10-14-2019) 371 Sec.78-1280.-Minimum lowest floor elevations. 372 All structures located within the Shoreland Overlay District which are subject to the floodplain 373 regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements 374 of that article.The regulatory flood protection elevation shall be established as set forth in section 78- 375 1111.All structures constructed within the Shoreland Overlay District shall have their lowest floor, 376 including basement,placed at an elevation no lower than the regulatory flood protection elevation.Where 377 the regulatory floodplain elevation cannot reasonably be determined,the minimum elevation at which the 378 lowest floor,including basement,may be placed shall be determined as follows: 379 (1) For lakes,by placing the lowest floor at a level at least three feet above the highest known water 380 level,or three feet above the ordinary high water level,whichever is higher. 381 (2) For rivers and streams,by placing the lowest floor at least three feet above the flood of record. 382 (Ord.No. 101 2nd series,§ 1(10.56(16)(D)),2-24-1992) 383 Sec.78-1281.-Water-oriented accessory structures. 384 The only water-oriented accessory structures allowed to be located nearer the ordinary high water 385 level than the normal structure setback as specified in this article shall be: Page 111