(A) Placement of structures on lots.
(1) When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.
(2) Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone.
(3) Structures shall be located as follows.
(a) Structure and on-site sewage system setbacks (in feet) from ordinary high water level.
Public Water | Structures | Sewage Treatment System | |
Unsewered | Sewered
| ||
Lake Minnewaska | 75 | 50 | 50 |
Tributary streams | 100 | 50 | 75 |
*One water-oriented accessory structure designed in accordance with division (B) below may be set back a minimum distance of ten feet from the ordinary high water level | |||
(b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body:
Setback From: | Setback (in feet) |
Top of bluff | 30 |
Unplatted cemetery | 50 |
Right-of-way line of federal, state or county highway | 50 |
Right-of-way line of town road, public street or other roads and streets not classified | 20 |
(c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(d) Uses without water-oriented needs. Commercial, industrial, public and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(B) Design criteria for structures.
(1) High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:
(a) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
(b) For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under these three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and
(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in division (A) above if the water-oriented accessory structure complies with the following provisions:
(a) The structure or facility must not exceed ten feet in height, exclusive of safety rails and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point;
(b) The setback of the structure or facility from the ordinary high water level must be at least ten feet;
(c) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
(d) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and
(f) Water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
(3) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
(a) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties and planned unit developments;
(b) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties and planned unit developments;
(c) Canopies or roofs are not allowed on stairways, lifts or landings;
(d) Stairways, lifts and landings may be either constructed above ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
(e) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
(f) Facilities such as ramps, lifts or mobility paths for physically disabled persons are also allowed for achieving access for shore areas, provided that the dimensional and performance standards of divisions (B)(3)(a) through (B)(3)(e) above are complied with in addition to the requirements of Minn. Regulations, Chapter 1340.
(4) Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
(5) Steep slopes. The City Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(C) Height of structures. All structures in city residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
(Ord. 31, passed - -1995)