02-23-2026 - Agenda Packet City Council - Regular Meeting

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3. The wall is screened by deep-rooted, native vegetation so as not to be visible from the waterbody in year-round conditions. C. A new retaining wall, or an expanded replacement wall four feet in height or greater, constructed within a defined bluff, bluff setback, or shore setback zone shall require a conditional use permit. All walls must meet the following conditions: 1. The walls are used only to correct an existing erosion or slope stability problem documented by a licensed professional engineer, and not for aesthetic reasons; 2. The walls must be screened by deep-rooted, native vegetation so as not to be visible from the waterbody in year-round conditions; 3. The number, height, and length of the walls are the minimum necessary to control the erosion or slope stability problem and are not taller than four feet or longer than ten feet, unless the licensed professional engineer determines that a larger wall is necessary to correct the documented erosion or slope stability problem; and 4. A landscape plan is required to identify vegetative removals in the location of the new/replacement walls to ensure removals are limited to the minimum necessary to support the installation of the walls, subject to section 6.12.6300. Replacement plantings must consist of deep rooted native vegetative to provide necessary support for the slope. d. If the project includes work at or below the OHWL or within WCA jurisdictional wetland, that portion of the project must be approved and/or permitted by the appropriate governing agency. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the ordinary high-water line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing principal buildings on adjacent lots; this does not apply to patios and other accessory structures less than 42 inches above existing grade and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. b. In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot. (Code 2003, § 78-1279; Ord. No. 101(2nd series), § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11(3rd series), § 1, 5-24- 2004; Ord. No. 106(3rd series), § 28, 6-10-2013; Ord. No. 157(3rd series), § 1, 8-10-2015; Ord. No. 222(3rd series), § 19, 12-10-2018; Ord. No. 234(3rd series), § 1, 10-14-2019; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 284(3rd series), § 3, 11-13-2023; Ord. No. 303(3rd series), § 2, 4-8-2024; Ord. No. 319, § 3, 11-24-2025) Sec. 6.12.6940. Permitted encroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (Supp. No. 2, Update 1) Created: 2026-02-18 14:00:SS [EST] Page 3 of 8 173