(A) Generally. The regulations contained in this Overlay District are intended to guide and govern the wise development of shoreland of public waters, thus preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of water and related land resources in the city.
(B) Lot area requirements.
Lot Area Requirements
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Lot Area Requirements
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Unsewered Natural Environment Lakes | ||
Riparian Lots | Nonriparian Lots | |
Single | 80,000 square feet | 80,000 square feet |
Duplex | 120,000 square feet | 160,000 square feet |
Triplex | 160,000 square feet | 240,000 square feet |
Quad | 200,000 square feet | 320,000 square feet |
Sewered Natural Environment Lakes | ||
Riparian Lots | Nonriparian Lots | |
Single | 40,000 square feet | 20,000 square feet |
Duplex | 70,000 square feet | 35,000 square feet |
Triplex | 100,000 square feet | 52,000 square feet |
Quad | 130,000 square feet | 65,000 square feet |
Unsewered Recreational Development Lakes | ||
Riparian Lots | Nonriparian Lots | |
Single | 40,000 square feet | 40,000 square feet |
Duplex | 80,000 square feet | 80,000 square feet |
Triplex | 120,000 square feet | 120,000 square feet |
Quad | 160,000 square feet | 160,000 square feet |
Sewered Recreational Development Lakes | ||
Riparian Lots | Nonriparian Lots | |
Single | 20,000 square feet | 15,000 square feet |
Duplex | 35,000 square feet | 26,000 square feet |
Triplex | 50,000 square feet | 38,000 square feet |
Quad | 65,000 square feet | 49,000 square feet |
(C) Lot width requirements.
Lot Width Requirements | ||||
Unsewered Natural Environment Lakes | Sewered Natural Environment Lakes | |||
Residential Use | Riparian Lots | Nonriparian Lots | Riparian Lots | Nonriparian Lots |
Single | 200 feet | 200 feet | 125 feet | 125 feet |
Duplex | 300 feet | 400 feet | 225 feet | 220 feet |
Triplex | 400 feet | 600 feet | 325 feet | 315 feet |
Quad | 500 feet | 800 feet | 425 feet | 410 feet |
Special Lot Width Requirements for Shoreland Areas of Tributaries | ||
Residential Use | Unsewered Lots | Sewered Lots |
Single | 100 feet | 75 feet* |
Duplex | 150 feet | 115 feet |
Triplex | 200 feet | 150 feet |
Quad | 250 feet | 190 feet |
*Lot widths may be more restrictive in the underlying zoning district. The strictest standard shall apply. | ||
Unsewered Recreational Development Lakes | Sewered Recreational Development Lakes | |||
Residential Use | Riparian Lot | Nonriparian Lots | Riparian Lots | Nonriparian Lots |
Single | 150 feet | 150 feet | 75 feet* | 75 feet* |
Duplex | 225 feet | 265 feet | 135 feet | 135 feet |
Triplex | 300 feet | 375 feet | 195 feet | 190 feet |
Quad | 375 feet | 490 feet | 255 feet | 245 feet |
*Lot widths may be more restrictive in the underlying zoning district. The strictest standard shall apply. | ||||
(D) Setback provisions.
Structure and other setbacks:* | |||||||||
Structures from | |||||||||
Class of Treatment Public Water | Ordinary High Water Level | Top of Bluff | Unplatted Cemetery | Side Lot Line | Federal, State or County Road | Other Road | Sewage System | ||
(from OHWY)
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Unsewered | Sewered | Unsewered | Sewered | R.O.W. | R.O.W. | |||
Structure and other setbacks:* | |||||||||
Structures from | |||||||||
Class of Treatment Public Water | Ordinary High Water Level | Top of Bluff | Unplatted Cemetery | Side Lot Line | Federal, State or County Road | Other Road | Sewage System | ||
(from OHWY)
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Unsewered | Sewered | Unsewered | Sewered | R.O.W. | R.O.W. | |||
Lakes | |||||||||
Natural Environment | 150 feet | 150 feet | 30 feet | 50 feet | 12 feet | 10 feet | 50 feet | 30 feet | 150 feet |
Recreational Development | 100 feet | 75 feet | 30 feet | 50 feet | 10 feet | 10 feet | 50 feet | 30 feet | 75 feet |
Rivers: | |||||||||
Tributaries | 100 feet | 50 feet | 30 feet | 50 feet | 20 feet | 10 feet | 50 feet | 30 feet | 75 feet |
*Structure setbacks from lot lines for non-riparian lots shall be equal to the existing setback requirement in the corresponding zoning district that the lot is located in. | |||||||||
(1) Averaging setbacks. In shoreland areas, the structure setback from the ordinary high water level may be modified to equal the average of the principal structure setback on lots immediately adjacent to the parcel in question provided that no structure setback shall be established at less than 50 feet from the ordinary high water level and no structure shall be allowed within a shore or bluff impact zone.
(2) Height of structures. No buildings shall exceed 25 feet in height in shoreland areas.
(3) Ground coverage percentage. The maximum ground coverage percentage shall be 25% of a lot in all shoreland areas and includes paving, cement, and all other impermeable surfaces.
(4) Distance between buildings.
(a) No more than 1 principal building may be located on 1 lot in a residential district.
(b) In other districts, each principal building shall be a minimum of 12 feet from any other principal building on the lot.
(5) Uses without water-oriented needs. Non-residential uses without water-oriented needs shall locate on lots without public water frontage or, if located on lots with public water frontage, shall be either set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography assuming summer leaf-on conditions.
(6) Guest cottages in shoreland areas. In shoreland areas, 1 guest cottage is allowed on lots meeting or exceeding the duplex lot area and width standards prescribed in divisions (B) and (C) of this section, provided the following minimum standards are met:
(a) A guest cottage may only be allowed as an accessory structure to a conforming single-family dwelling;
(b) For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage shall be located within the smallest duplex-sized lot that could be created including the principal unit;
(c) A guest cottage must not cover more than 500 square feet of land surface and must not exceed 15 feet in height; and
(d) A guest cottage must be located and designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
(E) Design criteria for structures in shoreland areas. In shoreland areas, all structures must be placed, and all lots developed, in accordance with the following design criteria:
(1) Structures. 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 least 3 feet above the highest known water level, or 3 feet above the ordinary high water level, whichever is higher;
(b) For rivers and tributaries, by placing the lowest floor at least 3 feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at east 3 feet above the ordinary high water level, or by conducting a technical evaluation to determine the effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all 3 approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Statewide Floodplain Management Rules parts 6120.5000 to 6120.6200. If more than 1 approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities.
(2) 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, lifts, and landings must meet the following design requirements:
(a) Stairways and lifts must not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and Planned Unit Developments if specifically authorized in a conditional use permit;
(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 allowed for commercial properties, public open-space recreational properties, and Planned Unit Developments if specifically authorized in a conditional use permit;
(c) Canopies or roofs are not allowed on stairways, lifts, or landings;
(d) Stairways, lifts, or landings may be either constructed above the 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, or landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public waters assuming summer, leaf-on conditions, whenever practical; and
(f) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed as a conditional use (variance) for achieving access to shore areas, provided that the dimensional and performance standards of ADAG, Americans with Disabilities Act Guidelines, are complied with.
(3) Accessory structures and facilities. All accessory structures and facilities must meet or exceed structure setback standards.
(4) Bluff impact zones. Structures or facilities, except stairways and landings, must not be placed within bluff impact zones.
(5) Significant historic sites in shoreland areas. No structure may be placed on a significant historic site in a shoreland area in a manner that affects the value of the site unless adequate information about the site has been removed and deposited in a public repository.
(6) Steep slopes in shoreland areas.
(a) The Zoning Administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for the construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes.
(b) When determined necessary, conditions must be attached to issue 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 conditions.
(7) Subdivisions of duplexes, triplexes, and quads on natural environment lakes. Subdivisions of duplexes, triplexes, and quads on natural environment lakes must also meet the following standards:
(a) Each building must be set back at least 200 feet from the ordinary high water level;
(b) Each building must have common sewage treatment and water systems in 1 location and serve all dwelling units in the building;
(c) Watercraft docking facilities for each lot must be centralized in 1 location and serve all dwelling units in the building; and
(d) No more than 25% of a lake’s shoreline may be in duplex, triplex, or quad developments.
(8) See §§ 151.100et seq. for non-conformities and substandard lots of record in a shoreland district.
(Prior Code, § 66-66) (Ord. passed 1994; Am. Ord. 375, passed 11-26-2002; Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999