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<br /> <br /> <br /> Created: 2024-05-19 14:04:16 [EST] <br />(Supp. No. 21, Update 2) <br /> <br />Page 2 of 4 <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 within the Shore Setback zone may be permitted according to the <br />following: <br />a. A retaining wall may be constructed within the shore setback zone if it is an integral part of a <br />permitted lake access stair and the retaining wall is designed to be the minimum size necessary. <br />b. A replacement retaining wall, including a change in material, may be permitted within the shore <br />setback zone when all of the following conditions are met: <br />1. The wall is under four feet in height, and in the same location, and <br />2. The existing wall shows signs of failure. <br />c. A wall within a defined bluff and bluff setback; and/or a replacement wall four feet in height or <br />greater; and/or any new walls shall require a conditional use permit. New walls and replacement <br />walls greater than four feet in height must meet the following conditions. The wall must be: <br />1. Designed to correct an established erosion problem; and <br />2. Suitable given the demonstrated need; and <br />3. Designed by a registered engineer or landscape architect, depending on project scope; and <br />4. Designed to be the minimum size necessary to control the erosion problem. <br />(6) Average lakeshore setback. No principal or accessory building shall be located closer to the Ordinary <br />High Water Line (OHWL) than the average distance from the shoreline of existing principal buildings on <br />adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above <br />existing grade, 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 tributaries. The <br />average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the <br />principal buildings on the immediately adjacent lakeshore lots. <br />a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, <br />the average lake shore setback shall be equivalent to the setback of the most lakeward <br />protrusion of the principal building on the immediately adjacent improved lakeshore lot. <br />b. In situations where the average lake shore setback line bisects the principal building located on <br />either adjacent lot, the next most adjacent lake side point of the bisected principal building shall <br />66