All buildings and structures in the shoreland jurisdiction within any/all zoning districts shall comply with the following standards.
(a) Setbacks. No building or structures shall be located within the areas located between the ordinary high water mark (OHWM) and water setback lines, located inland from and parallel to (OHWM) within 75 feet. Provided, however that:
(1) Driveways, walkways, platforms, terraces, or patios are not allowed without a variance and are considered a structure subject to setback requirements. No part of any such structures shall extend more than 12 inches above the ground level, and all structures shall be constructed so as to control erosion and comply within the tree cutting and related standards of § 13-3-24(a). A four foot by four foot landing in conjunction with steps, which shall not exceed four feet in width, is allowed within the respective setback from the lake. No part of the steps are to extend more than three feet above the ground level. One single rail above that three foot high step may be constructed on each side of the walkway or steps. Steps, landings, and railings shall be constructed so as to maintain the natural appearance of the shoreland.
(2) A water setback line located 100 feet inland of the ordinary high water mark of a navigable lake, pond, or flowage shall apply to farm buildings housing animals, barnyards, and feedlots.
(3) Reduced setbacks for residential buildings may be determined by the Zoning Board of Appeals where there is present on either or both sides of the applicant’s parcel, main residential structures which are within 200 feet of the applicant’s proposed building site and which are closer than respective setback from the ordinary high water mark. The reduced setback shall not be less than the average of the existing residences, where there are residences on each side of the proposed site. Where there is only one existing residence, the reduction should not be less than the average of that building and respective setback. In no case shall any reduction be granted hereunder which would allow placement of structures within a defined floodway.
(4) Piers, boathouses, docks, sea walls, marinas, and similar marine service or shoreline facilities shall be governed by these standards.
a. Boathouses shall be used solely for the storage of aquatic equipment and shall not be used for human habitation.
b. Boathouses shall be set back ten feet from the ordinary high water mark and five feet from side lot lines.
c. Eaves shall not exceed one foot.
d. Boathouses shall not exceed eight feet in height and 96 square feet in floor area.
e. Boathouses shall be of such color as not to detract from the natural appearance of the shoreland.
(b) Piers, decks, and boat hoists. Piers, docks, and boat hoists may be located within the water setback area, provided that such facilities are capable of seasonal removal.
(c) Seawalls. Seawalls may be located within the water setback area, provided that any permits required from the State Department of Natural Resources are first obtained.
(d) Marinas. Marinas and non-residential marine service buildings, structures, and facilities are not permitted within the setback area.
(e) Open structures. As required, the construction or placement of open structures within the shoreland setback area shall be permitted if it meets the following conditions.
(1) The part of the structure that is nearest to the water is located at least 35 feet from the ordinary high-water mark.
(2) The structure shall be located within the view corridor described in § 13-3-24(a)(1).
(3) The total floor area of all structures in the shoreland setback area on the property will not exceed 200 square feet. This calculation shall include the area of any deck, patio, hard surfaced walkway, stairway, the portion of any per landward of the ordinary high-water mark, and any such structures, but boathouses shall be excluded.
(4) The open structure shall have open or screened sides, which would include any structure that either has no roof or has a roof and support posts without walls. The structure shall not be attached to any other structure, unless the side of such structure at the point of attachment is open or screened.
(5) The structure shall not exceed ten feet in height.
(6) The side yard setback shall be a minimum of ten feet.
(7) The color of the structure shall blend with native or restored vegetation at the site during the growing season.
(8) The vegetative buffer area between such structures and the ordinary high water mark shall cover at least 70% of the half of the shoreland setback area that is nearest to the water, and shall include a tree canopy, a shrub layer, and ground cover.
(Prior Code, § 13-3-25)