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Ord #303 amending code pertaining chapter 78
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Ord #303 amending code pertaining chapter 78
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4/9/2024 11:22:25 AM
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(2) Additional building and structure setbacks. The following additional setbacks apply, <br /> regardless of the 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 30* <br /> local public and private roads <br /> * Except for accessory buildings on lakeshore lots as regulated in this chapter and <br /> except for buildings and structures subject to less restrictive side yard adjacent to <br /> street setbacks as regulated in the various zoning districts. <br /> (3) Bluff impact zones. Buildings, structures and accessory facilities, except stairways, <br /> landings and lock boxes, must not be placed within bluff impact zones. <br /> (4) Uses without water-oriented needs. Uses without water-oriented needs must be located <br /> on lots or parcels without public waters frontage, or, if located on lots or parcels with <br /> public waters frontage, must either be set back double the normal ordinary high water <br /> level setback or be substantially screened from view from the water by vegetation or <br /> topography, assuming summer, leaf-on conditions. <br /> (5) Fences, docks, retaining walls. No fence shall be placed within the Shore Setback <br /> zone. Portions of dock located landward of the OHWL shall be considered as a <br /> landing, subject to the regulations for landings per section 78-1282. Retaining walls <br /> shall not be placed within the Shore Setback zone. <br /> (6) Average lakeshore setback. No principal or accessory building shall be located closer <br /> to the Ordinary High Water Line(OHWL) on a lakeshore lot than the average distance <br /> from the shoreline of existing principal buildings on adjacent lots; This does not apply <br /> to patios and other accessory structures less than 42 inches above existing grade, <br /> and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the <br /> 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 <br /> most lakeward protrusions of the principal buildings on the immediately adjacent <br /> lakeshore lots. <br /> a. In situations where improvement is proposed on a lot adjacent to a vacant lot or <br /> right-of-way, the average lake shore setback shall be equivalent to the setback of <br /> the most lakeward protrusion of the principal building on the immediately <br /> adjacent improved lakeshore lot. <br /> b. In situations where the average lake shore setback line bisects the principal <br /> building located on either adjacent lot, the next most adjacent lake side point of <br /> the bisected principal building shall be used for determining the average lakeshore <br /> setback. If the line continues to bisect the principal building, the next most <br />
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