§ 152.034 SETBACKS.

   (A)   No reduction in setback. No setback existing upon the effective date of this chapter shall be reduced in area or dimension so as to make the setback less than the minimum required by this chapter.

   (B)   Existing buildings on new lots. Any new lot created that contains existing buildings must be configured so that all setback requirements from new lot lines are met.

   (C)   Exemptions. The following shall not be subject to setback requirements:

      (1)   Chimneys, flues, belt courses, leaders, sills, pilaster, lintels, cornices, eaves, gutters, provided they do not extend more than two feet into a setback area;

      (2)   Yard lights and signs provided they are located three feet or more from all lot lines. Lights for illuminated parking or loading areas or yards for safety and security purposes may be installed where necessary provided that glare is not visible from public right-of-way or adjacent residential property and not more than three foot candles of light intensity is present at a residential property line;

      (3)   In the front yard, balconies that extend a distance of four feet or less, provided they are seven feet or more above grade at the building line. Also steps, driveways, stoops, and uncovered porches which do not extend in elevation above the ground floor level of the principal building;

      (4)   In the side yard, terraces, steps, uncovered porches or stoops which do not extend in elevation above the height of the ground floor level of the principal building; and

      (5)   In the rear yard, recreation equipment, parking, driveways, patios.

   (D)   Table of setback requirements. All structures unless exempted above; and signs and parking areas near a public right-of-way:

 

Side Lot Line Setbacks	All Districts	15 feet
Rear Lot Line Setback	All Districts	30 feet
Bluff Setback–All Structures	All Districts	Structures 50 feet; 100 feet for actively eroding bluffs.
Bluff Impact Zone		The clear-cutting of existing natural vegetation or other disturbance is prohibited.
Front Setbacks		The front setback shall be required from any public road or private road serving the function of a public road. Front setbacks are measured from the center of the road. R-O-W shall be the typical planned right-of-way.

 

Future Functional Class of Road as Shown in Roadway Systems Plan Figure 4.13	Setback from Centerline	Reduced Setback*	R-O-W	Reduced R-O-W
Principal arterial not in Shoreland District	145	90	200	130
Principal arterial in Shoreland District	150	Right-of-way plus 50 ft.	200	130
Minor arterial not in Shoreland District	120	80	150	110
Minor arterial in Shoreland District	125	Right-of-way plus 50 ft.	150	110
Collector roads not in Shoreland District	95	75	120	100
Collector roads in Shoreland District	110	Right-of-way plus 50 ft.	120	100
Local roads not in Shoreland District	68	N/A	66
Local roads in Shoreland District	68	N/A	66
In a case where the actual R-O-W plus 35 feet results in a greater setback requirement; this greater requirement shall be enforced. Right-of-way for county roadways with a corridor study shall be designated per the study.
In a case where a cul-de-sac is present, the front setback shall be measured from the center of the cul-de-sac. No structure shall be closer than 35 feet from the exterior radius of a cul-de-sac.

 

Setbacks from Ordinary High Water Level in Shoreland District	Setback Required for Structures	Setback Required for SSTS
Natural environment lake	150	as required by Chapter 52
Recreational development lake	100	as required by Chapter 52
General development lake	75	as required by Chapter 52
Agriculture, urban and tributary rivers	100	as required by Chapter 52
When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions.
Structures and sewage treatment systems must meet setbacks from the ordinary high water level (OHWL), except that one water-oriented accessory structure or facility, designed in accordance with § 152.124, may be set back a minimum distance of ten feet from the OHWL.
All SSTS setbacks are regulated by the SSTS regulations pursuant to Chapter 52
* Provision for reduction of front setback: The front setback may be reduced by the Department to the value shown, provided the applicant demonstrates need; and, the responsible road authority submits a statement certifying that the reduction will not impair any planned widening, relocation, repair, upgrading, construction or similar activity.
NOTICE: The SSTS regulations, Chapter 52, feedlot management regulations, Chapter 54, sign regulations, Chapter 154 of this code of ordinances and water rules contain setback provisions that may affect the placement of buildings and structures. All setback provisions of those chapters must be maintained.

 

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)