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<br /> <br /> <br /> Created: 2022-07-19 16:13:00 [EST] <br />(Supp. No. 20, Update 2) <br /> <br />Page 1 of 2 <br />Sec. 78-1279. Placement of buildings and structures on lots. <br />When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all <br />setbacks. Buildings and structures shall be located as follows: <br />(1) Building, structure, and on-site sewerage system setbacks (in feet) from ordinary high water level: <br />Public Water <br />Classification <br />Setbacks <br />Building/Structure Sewage Treatment <br />System Unsewered Sewered <br />NE 150 150 150 <br />RD 100 75 75 <br />GD 75 75 75 <br />Tributary 100 75 75 <br /> <br />(2) Additional building and structure setbacks. The following additional setbacks apply, regardless of the <br />classification of the water body: <br />Setback from: Setback <br />(in feet) <br />Top of bluff 30 <br />Unplatted cemetery 50 <br />Right-of-way line of federal, state or county highway and local public and <br />private roads <br />30* <br /> <br />* Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings <br />and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the <br />various zoning districts. <br />(3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and lock <br />boxes, must not be placed within bluff impact zones. <br />(4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or <br />parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, <br />must either be set back double the normal ordinary high water level setback or be substantially <br />screened from view from the water by vegetation or topography, assuming summer, leaf-on <br />conditions. <br />(5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback zone. Portions of dock <br />located landward of the OHWL shall be considered as a landing, subject to the regulations for landings <br />per section 78-1282. Retaining walls shall not be placed within the Shore Setback zone. <br />(6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary <br />High Water Line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing <br />principal buildings on adjacent lots; This does not apply to patios and other accessory structures less <br />than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump <br />houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to <br />tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward <br />protrusions of the principal buildings on the immediately adjacent lakeshore lots. <br />115