§ 155.409 LOT REQUIREMENTS AND SETBACKS.
   (A)   Lot area and width standards. The lot area, lot width, and structure setback standards for residential lots created after the date of enactment of this chapter for the lake and river/stream classifications are as found below.
      (1)   Lakes/rivers.
 
Lots Abutting Public Water (Riparian Lots)
Lots Not Abutting Public Waters (Non-Riparian Lots)
Class
Width (feet)
Area (feet)
Septic System Setback from OHWL (feet)
Structure Setback from OHWL (feet) Unsewered/ Sewered
Width (feet)
Area (feet)
Structure Setback from OHWL (feet)
Natural Environment
200
43560
150
150
150
150
30000
150
Recreational Development
150
43560
75
100
75
100
30000
100
General Development
150
43560
50
75
50
100
30000
75
River/Stream
150
43560
75
100
75
100
20000
100
Ditches
See underlying zoning
75 ft. from top of ditch bank
See underlying zoning
75 ft. from top of ditch bank
 
OHWL = Ordinary High Water Level
      (2)   Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in this section can only be allowed if designed and approved as residential planned unit developments under this section of this chapter. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line.
   (B)   Placement and setbacks. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.
      (1)   One water-oriented accessory structure designed in accordance with this section may be set back a minimum distance of ten feet from the ordinary high water level.
      (2)   The following additional structure setbacks apply, regardless of classification of the water body:
   Setback from:             Setback (in feet)
   Top of bluff                30
   Unplatted cemetery             50
   Center line of federal, state,
    or county highway            100
   Center line of town road, public
    street, or other roads or
    streets not classified             65
   (minimum 30-foot setback from R-O-W or road easement)
      (3)   Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
      (4)   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.
      (5)   Where decks or principal 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:
         (a)   The proposed building site is not located in a shore impact zone or in a bluff impact zone.
         (b)   Principal structure setback is based on the adjacent principal structure.
         (c)   Deck setbacks are based on the adjacent deck, if any, or principal structure, if no deck exists.
(Ord. 110, passed 11-15-97; Am. Ord. 0204, passed 8-13-02; Am. Ord. 0408, passed 12-14-04; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0701, passed 1-9-07; Am. Ord. 0703, passed 7-10-07; Am. Ord. 1003, passed 6-8-10; Am. Ord. 1106, passed 8-9-11; Am. Ord. 1704, passed 10-24-17) Penalty, see § 155.999