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<br /> <br /> <br /> Created: 2024-05-19 14:04:16 [EST] <br />(Supp. No. 21, Update 2) <br /> <br />Page 1 of 4 <br />Sec. 78-1211. Definitions. <br />Bluff means a topographic feature, such as a hill, cliff or embankment, having the following characteristics (An area <br />with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the <br />bluff): <br />(1) Part or all of the feature is located in a shoreland area; <br />(2) The slope rises at least 25 feet above the ordinary high water level of the water body; <br />(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high <br />water level averages 30 percent or greater; and <br />(4) The slope must drain toward the water body. <br />Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. <br />Bluff, toe of the, means the lower point of the lowest 50-foot segment with an average slope exceeding 18 <br />percent. If the lowest such point is lakeward of the OHWL, the OHWL will be defined as the toe. <br />Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes more than <br />18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less. <br />Steep slope means lands having average slopes of 12 percent or greater as measured over horizontal <br />distances of 50 feet or more, that are not bluffs. <br />Water-oriented accessory structure or facility means a small, aboveground building or other improvement, <br />except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water <br />feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of <br />such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, lock boxes, <br />and detached decks. <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 />65