No person shall construct and/or repair a retaining wall or shoreline stabilization upon any lake within the Village except if the following conditions are met:
   (A)   A watershed development permit must be obtained from the Village before construction or repair.
   (B)   Materials used in the construction of a new or replacement retaining wall or shoreline stabilization must be nontoxic, nonpollutant, nonleachable materials such as rock, stone, wood, sand, manmade blocks and like materials. Specifically, steel or any other metal materials, limestone and railroad tie timbers shall not be allowed.
   (C)   Any retaining wall or shoreline stabilization in existence as of January 24, 2005, which is not in compliance with division (B) of this section shall be exempt from the provisions of division (B) of this section until the time of its replacement. Should a hardship be created upon the property by coming into conformance with division (B) of this section, the Village's Stormwater Enforcement Officer and Village Administrator may grant a variation of division (B) of this section when they jointly agree that a hardship is present. Variations may only be granted when there are practical difficulties which would obstruct the ability of the property or proposed work to come in compliance with this section. Financial wherewithal to bring the property into compliance shall not be considered a hardship for purposes of this section.
(Ord. 05-3-1459, passed 3-28-2005; Am. Ord. 19-7-2137, passed 7-22-2019)