(A) Setbacks. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. 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. Structures shall be located as follows.
(1) Structure and on-site sewage system setbacks (in feet) from ordinary high water level.
Classes of Public Waters | Setbacks from Ordinary High Water Level* (in Feet) | ||
Structures, Unsewered | Structures, Sewered | Sewage Treatment System | |
Lakes | 75 | 50 | 50 |
Rivers | 100 | 50 | 75 |
NOTES TO TABLE: * One water-oriented accessory structure designed in accordance with § 152.037 of this chapter may be set back a minimum distance of ten feet from the ordinary high water level. | |||
(2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body.
Item Set Back From | Setback (in Feet) |
Right-of-way line of federal, state or county highway | 50 |
Right-of-way line of city road, public street or other roads or streets not classified | 20 |
Top of bluff | 30 |
Unplatted cemetery | 50 |
(B) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(C) Uses without water-oriented needs. 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.
(2004 Code, § 152.036) (Ord. 92-56, passed 4-14-1992) Penalty, see § 10.99