In addition to the definitions provided in other chapters of Title XV of the Long Beach Town Code, the following definitions apply to the interpretation and application of this subchapter. In the event there is conflict between this chapter and other ordinances provided in the Code of the Town of Long Beach, the more restrictive ordinance shall apply—except where specifically noted.
ACCESSORY STRUCTURE. A detached structure—roofed or unroofed, surface or subsurface—that is clearly incidental to, and found in connection with, the principal structure or use to which it is related and is located on the same zoning lot as the principal structure or use, including, but not limited to, patios, gazebos, swimming pools, garages, workshops, sheds, and carports.
ARMY CORPS OF ENGINEERS ELEVATION. The elevation determined by the U.S. Army Corps of Engineers for purposes of establishing the limits of the federal government’s jurisdiction on the shores of Lake Michigan under § 404 of the Clean Water Act, as updated from time to time by the U.S. Army Corps of Engineers.
COASTAL ENGINEER. A professional engineer authorized to provide services in the State of Indiana with experience in coastal engineering for projects on the shore of the Great Lakes. The Town of Long Beach shall maintain a list of pre-approved coastal engineers.
COASTAL PLANNING GUIDE. Refers to the publication “Coastal Hazards Planning Guidance for Indiana Coastal Communities,” Indiana Department of Natural Resources, July 2016, as amended or restated from time to time.
COASTAL SLOPE. Refers to the first major slope or greatest vertical drop north of Lake Shore Drive.
COASTAL ZONE. See definition for Lake Michigan Shoreline Preservation Overlay Zoning District.
DELINEATION CONSULTANT. A consultant with the education, training, and experience to delineate the location of the natural ordinary high water mark along the shores of the Great Lakes according to the principles and methodology provided in the U.S. Bureau of Land Management’s 2009 “Manual of Surveying Instructions” (§§ 3-162 through 3-172), the U.S. Army Corps of Engineers’ Wetland Delineation Manual and Regulatory Guidance on “Ordinary High Water Mark Identification,” and the Indiana Supreme Court’s decree in Case No. 46S03-1706-PL-423. The Long Beach Office of the Building Commission maintains a list of pre-approved delineation consultants.
EMERGENCY. A situation that: (1) requires immediate action; (2) is induced by weather or high lake levels; and (3) either: (a) creates the potential for imminent structural damage to private property in an area adjacent to Lake Michigan; or (b) threatens or creates an imminent risk to the public health, welfare, or safety in areas adjacent to Lake Michigan. This determination is to be made by the Long Beach Building Commissioner, and/or the Commissioner’s designee, at each individual property.
LAKE MICHIGAN SHORELINE PRESERVATION OVERLAY ZONING DISTRICT. All lands located between the northern boundary of LSD in the Town of Long Beach and the NOHWM of Lake Michigan. This is also referred to as the “Coastal Zone.”
LAKE SHORE DRIVE (LSD). The dedicated public way that is the entire width between the dedicated street boundaries of 50 feet in the Town of Long Beach. This includes paved and unpaved portions.
LOMA LETTER. A letter of map amendment obtained from FEMA verifying an amendment to FEMA’s flood plain map.
NATURAL ORDINARY HIGH WATER MARK or NOHWM. The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil destruction of terrestrial vegetation, the presence of litter or debris, or other appropriate means that consider the characteristics of the surrounding area, as provided in Clean Water Act regulations at 33 C.F.R. 328.3 and stated in the Indiana Supreme Court decision in Case No. 46S03-1706-PL-423.
PRINCIPAL USE STRUCTURE. Any primary living quarters, and any functional appurtenances to those structures such as septic systems and related infrastructure except roads, utilities, and accessory structures.
PUBLIC TRUST LANDS. All lands lakeward of the NOHWM.
REVETMENT. A protection structure consisting of concrete blocks, stone rubble or cast concrete slabs over the slope of a shoreline protecting the slope from erosion and/or waves. See the “Natural and Structural Measures for Shoreline Stabilization Brochure”.
SEAWALL. A protection structure that is vertical or slanted parallel to the shoreline sometimes constructed of sheet piling but also concrete or geometric blocks.
SHORELINE PRESERVATION STRUCTURE (PROTECTION STRUCTURE). Includes any and all structures designed to prevent erosion, conserve sand, and/or promote the development of landforms such as dunes as well as protect public and private properties adjacent to the public trust lands. These structures are described in the Coastal Planning Guide. See, Shoreline Stabilization Techniques on page 21, figure 19.
TOWN ENGINEER. A registered Indiana professional engineer selected by the Long Beach Building Commission to verify compliance with this subchapter regarding structural, environmental, and other regulations.
(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)