A. Prior to the start of any construction activity on any property adjacent to Whitefish Lake, or Lost Coon Lake, the lakeshore protection zone (LPZ) boundary, as described in section 13-1-1 of this code, shall be established and staked on site by a registered land surveyor licensed to practice in the state of Montana. (Ord. 14-21, 1-5-2015)
B. Prior to the start of any construction activity, an effective siltation barrier shall be installed at the LPZ boundary. This barrier shall be designed and constructed to prevent silt and debris from the construction site from entering the LPZ, and shall be maintained until such time as permanent erosion control and site stabilization are established on the subject property.
C. Any structural element rising above finished grade must be set back a minimum of ten feet (10') measured horizontally from the LPZ boundary. For purposes of this section, structural elements rising above finished grade include, but shall not be limited to, decks, buildings, boathouses, retaining walls, gazebos and similar recreational structures. Patios installed at grade, required safety devices such as handrails, and steps or stairs four feet (4') in width or less, are not subject to this setback. Notwithstanding the provisions of subsection 11-2-3B6 of this title, no part of any structure, including architectural features, eaves, cantilevers, decks, or overhangs of any kind, may encroach into the setback described herein.
D. This minimum setback regulation shall not supersede any slope protection standards or other environmental regulations set forth in this title.
E. No mechanized equipment may operate in the LPZ for any reason unless a lakeshore construction permit is issued pursuant to title 13 of this code. (Ord. 07-09, 4-16-2007)