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A. The following shoreline setbacks shall apply in all zoning districts:
1. For lakes, sloughs, ponds or other similar basins, or the Clark Fork or Pend Oreille rivers, or intermittent streams as shown on the national hydrography dataset (NHD), no structure shall be located closer than forty feet (40'), measured horizontally from the "shoreline", as defined in Section 12-819 of this title.
2. For rivers, streams, creeks or other similar flowing bodies of water, excluding the water bodies identified in subsection A1 of this section, no structure shall be located closer than seventy five feet (75'), measured horizontally from the applicable natural or ordinary water mark of any stream as shown on the NHD published by the United States geological survey, or by actual land survey or field inspection.
B. Shoreline Setback Exceptions:
1. Placement of constructed trams, rails, uncovered steps, stairs or walkways, any of which shall be four feet (4') or less in width and installed to provide access to the shoreline, are permitted within the shoreline setback. Such structures shall not be constructed in a manner that is parallel to the shoreline that would create a boardwalk along the waterfront (except where steep slopes require switchback designs).
2. For all parcels or lots where implementation of a seventy five foot (75') shoreline setback would result in a remaining building envelope of less than one hundred feet (100'), the shoreline setback may be reduced to a minimum of forty feet (40') as needed to allow for a maximum building envelope depth of one hundred feet (100'). The shoreline setback shall only be reduced to the minimum necessary to achieve the one hundred foot (100') building envelope. This exception shall apply only to dimensional constraints, but shall not apply to topographical, environmental or other constraints. This exception shall not apply to the following streams or rivers: Pack and Priest rivers; Hellroaring, Twin, Lightning, Grouse, Rapid Lightning, Trestle and Cocolalla creeks. (Ord. 501, 11-18-2008)