Any proposed project or action must be in compliance with the following construction standards, and these policy considerations will be used in evaluating any variance from the adopted construction standards:
A. Construction Materials:
1. General:
a. Any building material used in the lakeshore protection zone should be stable and free of silts, fine materials, chemical preservatives, grease, oil or any surface application that could contaminate water quality.
2. Wood:
a. Wood preservatives leach over time and degrade water quality. All wood used in the lakeshore protection zone must be untreated and left in its natural state. No preservatives, including varnish, stain, paint, linseed oil, diesel fuel, creosote or any pressure treated preservatives, are allowed. This prohibition does not prohibit the application of paint or stain as a routine maintenance measure for any structure built prior to 1978 located landward of the high water line which has been painted and stained on a routine basis in the past.
b. Where wood is used for any project which would at sometime be in, or over, the water, only solid wood can be used. This specifically excludes plywood, particleboard, chipboard, etc.
3. Metal:
a. While metals are generally inert, except for oxidation, surface applications of some foreign material (i.e., wet paint, grease, oil, etc.) can degrade water quality. Any metal used in the lakeshore protection zone may be painted or coated with an inert metal sealant (i.e., paint, plastic, rubber, enamel, etc.) which has thoroughly dried/cured prior to its installation.
b. Minimum lubrication of critical metal components to allow movement is allowed.
c. No metal used in the lakeshore protection zone may contain deposits or a surface application of any of the following:
(1) Grease or oil (other than this subsection A3);
(2) Paint, varnish or coatings which have not been allowed to thoroughly cure or dry outside the lakeshore protection zone;
(3) Any chemical or substance that will wash off or dissolve when in contact with water.
4. Styrofoam Flotation Logs:
a. All dock flotation styrofoam must be extruded closed cell polystyrene (blue or pink logs) unless encased in rotomolded floats (a specific manufacturing process utilizing heavy gauge plastic covering).
b. All styrofoam flotation logs must be completely encased in solid wood (excluding particleboard, plywood, etc.) or in metal, fiberglass or plastic. Drain holes or a maximum of one-half inch (1/2") spacing between wood boards may be allowed.
5. Asphalt:
a. Asphalt or similar petroleum based construction products are prohibited, except for replacement shingles on nonconforming structures.
6. Concrete:
a. Concrete may be utilized only where structural strength and location dictate no other alternative.
b. In all cases, concrete must be aesthetically shielded by the creative use of rock or wood.
c. Wet concrete must not be poured into or allowed to come in contact with the lake.
d. Concrete is expressly prohibited as a walkway or patio surface within the lakeshore protection zone.
7. Rock or Stone:
a. Rock or stone is a preferred natural material for construction.
b. All rock or stone that will come in contact with the lake must be free of silts, sands or fine materials.
c. Rock or stone from the immediate lakeshore protection zone may be used for a project if its removal does not reduce the effectiveness of the existing lakeshore armament or expose silts, sands, clays or fine materials.
B. Excavation or Filling of Materials:
1. The lake bed or lakeshore should be preserved in its natural condition to the greatest extent possible, in order to protect water quality, aquatic wildlife habitat, and the aesthetic value of the natural shoreline.
2. For all construction and projects in the lake or lakeshore protection zone, sedimentation in the lake must be minimized to the greatest extent possible, as a protection for aquatic habitat and water quality.
3. Large cobbles and boulders lying on the lake bottom and not part of the lake bed armament may be handpicked or moved with a permit if for swimmer or boater safety, provided that such handpicking can be done without excavating any fine lake bed materials and that an armament of rock or gravel remains on the lake bed in the affected areas.
4. The interface of fill materials with the lake water must be sloped at no greater than two horizontal to one vertical (2:1) ratio in order to dissipate wave energy. The face of the slope must be covered with suitable materials and/or native vegetation to discourage soil erosion and slumping of banks.
C. Erosion, Sedimentation and Storm Runoff:
1. The natural protective armament of the lake bed and lakeshore must be preserved wherever possible. Any construction activity which will affect the lakeshore protection zone must incorporate all necessary means to prevent pollution of the lake, including erosion, sediment and storm runoff controls.
2. The proposed activity must not cause, directly or indirectly, increased sedimentation, an increase in suspended sediments, or an increased discharge of nutrients into the lake either during its construction or utilization.
3. Any point source runoff which is diverted to the lake must be terminated and filtered prior to entering the lakeshore protection zone.
D. Vegetation:
1. Preservation of Native Plants: Native plant species are an important biological and aesthetic component of the lakeshore, and must be preserved wherever possible. Natives may be more difficult to reestablish than cultivars, since natives generally do not grow well in pots, are smaller and not as widely available as cultivars and are adapted to specific sites and plant communities. Once established, however, natives tend to grow better and require less maintenance and water.
2. Stabilization of Erosive Areas: Adding native vegetation and soft structure armoring is the preferred means of stabilizing erosive areas. Topsoil may be allowed in quantities necessary for establishing and maintaining new plantings.
3. Introduction of New Plants: New plants introduced into the lakeshore protection zone must be native to the Flathead Valley or nativars whose form, color, texture, and character approximates that of natives. A resource file on native plants is available at the planning office.
4. Ground Cover: A finely ground bark (less than 1/2 inch in size) or compost is recommended for ground cover in conjunction with the native plants.
5. Flower Gardens Prohibited: Flower gardens are prohibited in the lakeshore protection zone.
6. Fertilizer Prohibited: Application of fertilizer, pesticide, insecticide, or herbicide, is prohibited in the lakeshore protection zone.
7. Preservation of Healthy Trees: Healthy trees three inches (3") or more in diameter as measured at eight inches (8") aboveground must be preserved and removal is not permitted. In cases where a tree presents a safety hazard to persons or property due to a structural defect or abnormal leaning as confirmed by a professional arborist, the tree may be removed (with an approved lakeshore permit) provided a similar native tree species of three inches (3") in diameter, as measured at eight inches (8") above the ground, is planted within five feet (5') of the old tree or an alternate location determined by the planning office and maintained for a period of ten (10) years. If the tree dies within the ten (10) year maintenance period, it must be replaced subject to this section.
8. Denuding of Trees Is Prohibited: Dead branches can be removed from trees. Removing live branches over ten foot (10') from the ground unless touching a structure or powerline or creating a hazard requires an administrative permit, and no live branches may be removed over twenty five feet (25') high. A tree on which all limbs have been removed up to and over a height of twenty five feet (25'), or over forty percent (40%) of trunk height, will require the planting and maintenance of a future replacement tree in accordance with subsection D7 of this section.
9. Removal of Dead Trees: A dead tree three inches (3") or more in diameter as measured eight inches (8") above the ground may be removed with approval from the jurisdictional planning office. If there are no other trees over three inches (3") in diameter within eight feet (8') of the dead tree, a new tree must be planted and maintained in accordance with subsection D7 of this section.
a. Dead trees which must be removed must be felled away from the lake unless circumstances prohibit. If a tree must be felled into the lake, all material and debris must be immediately removed from the lake. All stumps must be cut off at ground level and not removed from the lakeshore protection zone.
b. A tree is considered dead if it has been damaged beyond repair or is an advanced state of decline where an insufficient amount of live tissue, green leaves, limbs, or branches exist to sustain life as determined by a certified arborist.
10. Prohibited Sprinkler Systems: Sprinkler systems with exposed spray heads are prohibited in the lakeshore protection zone. Buried one-half inch (1/2") drip lines are allowed.
E. Lawns and Grasses:
1. The establishment of a new lawn in the lakeshore protection zone is prohibited. Such prohibited actions include grass seeding, placement of sod, or the routine mowing and maintenance of native grasses as a lawn.
2. Grandfathered lawns which existed prior to the establishment of lakeshore regulations, may be maintained by mowing, but not fertilized or treated with any chemicals or pesticides.
3. Turf grass or nonnative vegetation, including grandfathered lawns, once removed from or destroyed in the lakeshore protection zone must be replaced with native vegetation as described in subsection D of this section.
F. Constructed Area:
1. The total of all constructed areas within the lake and lakeshore protection zone must not exceed eight (8) square feet per each linear foot of shoreline.
2. Excess constructed area and impervious cover is prohibited as it may affect water quality, detract from the aesthetic values of the shoreline or alter natural shoreline characteristics.
3. Impervious construction which increases the intensity or amount of runoff channeled into the lake or adjoining areas is prohibited.
4. Dry laid stone used for pathways or on preexisting level patio areas must be included in the calculated constructed surface area.
G. Material Storage and Debris:
1. Construction materials must not be stored in the lakeshore protection zone unless no other alternative exists. A lakeshore permit specifically allowing storage of materials in the lakeshore protection zone is required.
2. Construction debris that remains in the lake or lakeshore protection zone may affect the quality of the water, cause safety problems or detract from the aesthetic value of the shoreline. All construction debris must be immediately disposed of outside the lake and lakeshore protection zone in such a manner and in such a location so as to prohibit its reentry into the lake.
H. Burning:
1. Burning of materials on the lake bed or lakeshore will cause a degradation of water quality, and may create safety hazards or detract from aesthetic characteristics of the shoreline. No burning is allowed lakeward of the mean high water line.
2. Burning in the twenty foot (20') setback zone requires a lakeshore construction permit and may only be allowed as a last resort where there is no physical way to access or remove the debris from the lakeshore protection zone.
3. This subsection is not intended to prohibit small campfires above the average high water line.
4. Burning may also be subject to restrictions or require a permit under city or county code.
I. Setback Requirements:
1. All structures must meet the minimum setback requirements for the type of structure proposed, as specified in subsequent subsections of this chapter. Greater setbacks may be required by other zoning or ordinance provisions.
2. Common facilities, constructed and shared by two (2) or more property owners, are encouraged, as they would reduce the number of facilities on the lake, thereby reducing potential impacts. Where such a situation exists, setback requirements from the common property or riparian boundary lines may be waived, provided that the application clearly specifies that the facilities are to be used in common by such owners. A permit issued for common facilities is granted on a conditional basis, and is valid only for the duration of mutual agreement by the respective property owners to the conditions of the original permit.
3. Stream and spring outlets on lakeshores are valuable aquatic and aesthetic resources, as they provide spawning and rearing habitat for numerous fish species, as well as a variety of food organisms. Structures must be set back a minimum of twenty five feet (25') from ordinary stream high water for streams and springs having a flow less than twenty five (25) cubic feet per second (cfs). Streams and springs with higher flow volumes will be assessed on an individual basis. Swift Creek, the Whitefish River, Lazy Creek and Hellroaring Creek have flows above twenty five (25) cubic feet per second (cfs) at some times during the year. Greater setbacks may be required by other zoning or ordinance provisions.
4. Structures or activities adjacent to rivers, streams, and wetlands may also be subject to floodplain and water quality protection regulations. Portions of the lakeshore protection zone are also subject to floodplain regulations.
5. Where no specific setback requirements for the specific type of structure proposed have been established, the structure(s) must be set back from the side property lines and/or riparian boundary lines based on the property's lakeshore frontage. The setbacks are as follows:
Lakeshore Frontage (Feet)
| Minimum Setback (Feet)
|
60 or less | 10.0 |
More than 60 but less than 75 | 12.5 |
75 or more | 15.0 |
J. Use of Mechanical Equipment:
1. Use of mechanical equipment has significant potential for damaging the natural armament of the lakeshore and lake bed, exposing sediments, damaging vegetation and scarring of sloped terrain and the lakeshore. The use of mechanical equipment or any motorized vehicle in the lakeshore protection zone requires a lakeshore permit. Limited use of a vehicle or mechanical equipment for the seasonal removal or installation of permitted docks is exempt from this requirement, but still subject to the following regulations.
2. Use of mechanical equipment in the lakeshore protection zone is permitted only if the equipment does not come in contact with the lake; expose silts or fine materials; or gouge, rut or otherwise damage the lakeshore or vegetation.
3. Any piece of mechanical equipment operating in the lakeshore protection zone must have available on hand a hazardous materials kit to immediately address any leaks of fuel, oil, hydraulic fluid, or any other types of spills of contaminants.
4. The lakeshore must be immediately restored to its condition prior to construction. All equipment tracks must be raked or otherwise removed by hand and any vegetation killed or damaged must be replaced with the largest similar size and type of native plant available on a two (2) for one basis.
5. Temporary storage of vehicles, trailers, other equipment or construction materials in the lakeshore protection zone is prohibited.
6. As a condition of the permit, the governing body may require that hand tools be used in lieu of mechanical equipment, based on the scope and size of the project or possible damage to the lakeshore zone due to excessive slope or terrain.
K. Docks, Swim Docks, and Floating Trampolines:
1. One Dock Allowed: Only one dock is allowed per common waterfront property ownership, unless an individual dwelling is constructed on each separate and legally defined lot with independent water and sewage disposal, in which case one dock is allowed per independent dwelling unit/lot. "Common waterfront property ownership" is defined as multiple contiguous lots under one family or related ownership, including fractional ownership in a corporation, partnership or other legal entity. (This does not apply to marina applications.)
2. Usage of Dock: Usage of a dock is limited to the properties applied for in the permit application when the dock is nonconforming, or is granted under variance, or is an expanded shared dock granted under subsection K14 of this section.
3. Solid Docks: Solid docks (i.e., rock filled crib dock) or structures which essentially block the transfer of water beneath the dock are not permitted, as they impede current flows and, therefore, create stagnant water.
4. Setback of Docks: Docks must be placed in the middle of the property ownership. Where this is not practical, the setback may be reduced to a minimum of twenty feet (20') between any portion of the dock and the riparian boundary property line. For setbacks from streams, creeks, rivers, etc., see subsection I3 of this section.
5. Length of Docks: Docks must not exceed sixty feet (60') in length, including any access ramp or gangway.
For docks on Whitefish Lake:
a. If the water depth at sixty feet (60') from low water (measured after August 15) is less than four feet (4') in depth, and cannot be moved to a location on the property to achieve four feet (4') depth, then the total dock length may be increased with an approved permit to the point at which water depth equals four feet (4'), but not to exceed one hundred feet (100') in maximum length, including gangway.
b. On docks exceeding sixty feet (60') in length, dock slips, shore stations, and mooring cleats are limited to the outer forty feet (40') of the overall length.
c. On docks exceeding sixty feet (60') in length, a "to scale" water depth profile drawing from sixty (60) to one hundred feet (100') from high water, prepared by a professional dock installer or other professional, is required with the dock permit application.
d. Due to the high potential for interference with public navigation and recreation, no dock can exceed one hundred feet (100') in total length, including gangways.
6. Wing Length Of Dock: The wing length of a dock (see figure 2 of this subsection above), whether it is a T, F, 4 or L shaped dock, must not exceed thirty percent (30%) of the lot frontage or thirty feet (30'), whichever is less.
7. Maximum Width Of Dock: The maximum width of all dock sections, wings, and gangways must not exceed eight feet (8').
8. Flotation Systems in Docks: If foam or similar easily damaged flotation systems are incorporated into the dock design, the material must be completely encased in solid wood or a suitable impervious, noncorrosive material such as aluminum or galvanized sheet metal so as to avoid the breakup or scattering of materials. Plywood, particleboard, etc., must not be used. Boards may be spaced up to one-half inch (1/2") apart on the bottom or drain holes may be incorporated into other materials to aid in drainage. All foam encased floating docks must be maintained according to these standards or else be immediately and completely removed from the lakeshore protection zone.
9. Anchoring Of Docks: All floating docks must be suitably anchored to the lake bottom to avoid drift. Anchoring methods are limited to cable, galvanized chain or nylon or polypropylene rope attached to a suitable clean weight such as solid clean concrete, rock or steel blocks or a temporary pipe and post system which allows the dock sections to slide up and down.
10. Deteriorated Docks: Docks which have deteriorated to the extent that they may contaminate the lake, such as having exposed white Styrofoam, must be immediately repaired as necessary to eliminate the risk of contamination or must be removed from the lakeshore protection zone.
11. Abandoned Docks: It is a violation of these regulations to abandon docks or to otherwise allow docks or dock remnants to float out onto the lake unsecured.
12. Repairing Materials On Docks: Repair or replacement of materials on existing docks must be in accordance with these regulations.
13. Licensed Survey: After a permitted dock is installed, a licensed survey of the property riparian boundaries, mean high water boundary, and/or any impervious structures in the lakeshore protection zone may be required if the governing body receives a complaint about a possible setback encroachment or violation of maximum allowed constructed area square footages.
14. Shared Dock Standards: Shared docks must comply with the standards found in this subsection K, except as otherwise specified below:
a. Multiple contiguous property owners or a single property owner with multiple contiguous properties that combined exceeds two hundred (200) linear feet of lake frontage may apply for a shared dock under this section.
b. The total wing width of a shared dock must not exceed sixty feet (60'), regardless of configuration.
c. A minimum setback of forty feet (40') is required between both riparian boundaries and any portion of a shared dock that exceeds thirty feet (30') in total width.
d. Common shoreline dock facilities shared by two (2) or more owners should be encouraged, as such facilities will reduce the overall environmental impacts on the lake bed and lakeshore and ease navigational congestion on the lake.
15. Swim Docks: Swim docks must comply with the following:
a. Swim docks must comply with all standards applicable to conventional docks, except as described in subsections below.
b. No part of a swim dock may be located more than sixty feet (60') from the shoreline at the current lake level.
c. The size of swim docks must not exceed one hundred (100) square feet with no one dimension exceeding twelve feet (12').
d. Swim docks must have a minimum of eight inches (8") of visible freeboard.
e. Only one swim dock or one conventional dock, but not both, is permitted on property ownerships with less than one hundred feet (100') of lake frontage. On property ownerships with one hundred feet (100') or more of lake frontage, only one swim dock and one conventional dock is permitted.
f. A minimum setback of thirty five feet (35') is required between both riparian boundaries and a swim dock.
g. Swim docks may be prohibited based on considerations of public safety and congestion. Owners are advised that swim docks may create a significant hazard for navigation. The city of Whitefish assumes no liability for navigational accidents involving swim docks.
16. Floating Trampolines:
a. Floating trampolines and similar items are regulated under this provision because of the large amount of lake coverage and tall profile.
b. The entire surface area of a floating trampoline and accessory attachments must be included in the coverage calculation as provided for in subsection F of this section.
c. A minimum setback of thirty five feet (35') is required between both riparian boundaries and any portion of the floating trampoline and attachments.
d. No part of a floating trampoline may be located more than sixty feet (60') from the shoreline at the current water level.
e. Floating trampolines must be anchored to prevent encroachments into the setbacks.
f. Floating trampolines may be prohibited based on considerations of public safety and congestion. Owners are advised that floating trampolines may create a significant hazard for navigation. The city of Whitefish assumes no liability for navigational accidents involving floating trampolines.
L. Marinas:
1. Due to their size and concentration of public activity, marinas have a high potential to impact the lake, lakeshore, open water navigation, and neighboring property owners. A marina permit may be denied or additional restrictions imposed, based on assessment of this impact.
2. A marina must be designed to accommodate only anticipated sizing and capacity needs, to protect the navigational rights and safety of neighboring property owners and recreational users of the lake, to ensure general compatibility with the character of the area so as not to create an unwarranted disturbance or nuisance, and to protect the quality of the water and aquatic and wildlife habitat.
3. A marina may not be located immediately lakeward of a wetland area.
4. A minimum of one hundred feet (100') must remain open between any portion of the marina dock structure and the side riparian boundaries.
5. Minimum twenty five foot (25') travel lanes must be provided between dock structures for boats to travel.
6. "Private marinas" are defined as any dock facility serving the needs of a homeowners' association, private housing development, resort facility, or other limited group, and providing overnight dockage or moorage, and must comply with the following:
a. Each marina must have a minimum of two hundred fifty feet (250') of lake frontage.
b. The design standards for dockage are limited by and must comply with subsection K of this section unless otherwise modified below.
c. If a marina meets all regulation criteria without requiring a variance, and does not exceed sixty feet (60') in length, then an additional gangway up to three feet by twelve feet (3' x 12') may be installed to access the dock. This gangway is included in the constructed surface area for the marina.
d. The maximum length of each individual boat slip must not exceed twenty six feet (26').
e. The total amount of constructed surface per property in the lakeshore protection zone must not exceed ten (10) square feet for each linear foot of lakeshore frontage.
f. The amount of constructed surface located below the mean annual high water line must not exceed eight (8) square feet for each linear foot of lakeshore frontage.
g. The overall density of boats/boat slips provided must not exceed one boat/boat slip per twenty (20) linear feet of lakeshore frontage.
h. Overnight mooring is only allowed in designated slips.
i. Private marinas may not incorporate boat ramps.
j. No retail sales or rental facilities are allowed on the site.
7. "Public marinas" are defined as providing boat slips and/or services, without restriction, to the general public, and must comply with the following:
a. Each marina must have a minimum of three hundred feet (300') of lake frontage.
b. In addition to subsection K of this section, design standards for docks, the maximum length of that portion of any dock extending over water is one hundred feet (100').
c. If a marina meets all regulation criteria without requiring a variance, and does not exceed sixty feet (60') in length, then an additional gangway up to three feet by twelve feet (3' x 12') may be installed to access the dock. This gangway must be included in the constructed surface area for the marina.
d. The length of the individual boat slips may be sized according to need.
e. The amount of constructed surface in the lakeshore protection zone per property must not exceed fifteen (15) square feet for each linear foot of lakeshore frontage.
f. The amount of constructed surface located below the mean annual high water line must not exceed twelve (12) square feet for each linear foot of lakeshore frontage.
g. The overall density of boats or boat slips provided must not exceed one boat or boat slip per ten (10) linear feet of lakeshore frontage.
h. Overnight mooring is only allowed in designated slips.
i. One boat ramp per public marina may be constructed.
j. One shoreside sewage facility and one shoreside fuel station per marina may be constructed.
k. Lake related rental services and retail sales of water use related merchandise, such as boat fuel, oil and lubricants, fishing equipment and personal items, are typically associated with the marina.
l. A distance of one hundred feet (100') waterward from the dock's end may be required to be identified by buoys placed in the lake to indicate a reduced boat speed so that no wake is produced. The reduction to no wake speed may be required at a distance greater than one hundred feet (100') depending upon the size of the marina and the size of the boats to be berthed.
m. Annual allocation of boat slips of a public marina must be on a nonpreferential basis available to the general public as a random lottery, and must be approved by the governing body or city staff.
n. The governing body may set other slip allocation, usage and rental fee criteria which it may determine necessary to assure equitable access by the general public.
8. If a private or public marina submits an application for reconfiguration, the governing body may require compliance with current lakeshore regulations.
9. The governing body will have the right to regularly inspect and require compliance of a marina with its approved permit.
M. Shore Stations And Floating Boat Lifts:
1. Shore stations and floating boat lifts (which include shore stations or floating docking stations designed for personal watercraft) must not be located farther into the lake than the permitted dock length.
2. Shore stations and floating boat lifts must be located no closer than twenty five feet (25') from a riparian boundary line. A greater setback distance may be required if, in the opinion of the governing body, the structure would likely infringe on navigation from the adjoining property, or if the shore station would be located more than sixty feet (60') from the existing shoreline.
3. The highest point on a shore station or floating boat lift must not exceed ten feet (10') in height above the current water elevation of the lake.
4. Shore stations and floating boat lifts may have a roof cover on a seasonal basis which is removed during the late fall, winter and spring periods of nonuse. Said cover will be made of a nonreflective material. Earth tone colors are preferred, such as: green, tan, brown and gray.
5. Shore stations may be placed on either side of the dock, provided the required twenty five foot (25') setback can be maintained for both riparian boundaries.
6. When a floating boat lift is installed in conjunction with a dock, no section can result in an overall dock surface width exceeding eight feet (8'). (See "Figure 4. Floating Boat Lifts", of this subsection.)
7. The entire surface area of a floating boat lift or floating personal watercraft docking station must be included in the coverage calculation as provided for in subsection F of this section.
8. The entire surface area of canopies that cover shore stations, boat slips, or docks must be included in the constructed area calculation, as provided in subsection F of this section. For a property with a grandfathered nonconforming structure in the lakeshore zone, an exemption to this requirement is allowed for a single canopy if the total constructed surface area, excluding the grandfathered nonconforming structure, does not exceed the maximum constructed area as provided for in subsection F of this section.
9. An existing shore station may be replaced with a new shore station without a lakeshore permit, provided that placement is identical to, and canopy size is no greater than, the shore station being removed.
N. Boat Ramps and Boat Rail Systems:
1. Private boat ramps are prohibited, as they increase sedimentation in the lake, diminish water quality, alter natural shoreline characteristics, and have the potential to introduce aquatic invasive species.
2. Public boat ramps must comply with the following:
a. Footings and/or the base of the boat ramp must be constructed below the preexisting grade of the shoreline.
b. All material excavated from the lakeshore to construct the boat ramp and not used as the ramp foundation material must be immediately and completely removed from the lakeshore protection zone and deposited in such a manner as to prohibit its reentry into the lake.
c. Boat ramps must be of the same elevation as the preconstruction lake bed and lakeshore elevation.
d. No boat ramp can exceed six hundred (600) square feet in surface area waterward of the average high water line.
e. Maximum grade must not exceed fifteen percent (15%) and no natural slope in excess of thirty percent (30%) grade may be disturbed by construction of a boat ramp.
f. All ramps must be finished with nonskid surface to ensure maximum traction for vehicles launching and retrieving boats.
g. Boat ramp edges, if deemed necessary, may be riprapped or soft structure armored in order to prevent erosive undercutting.
3. All existing private and public boat ramps must comply with 13-5-2, Aquatic Invasive Species Prevention, and the City of Whitefish watercraft inspection and decontamination protocols.
a. Aquatic invasive species inspections are required for all launching vessels during standard hours of operation. Watercraft must be inspected via an on-line certification process after standard hours of operation and after the staffing season at the inspection stations.
4. Boat rail systems must comply with the following:
a. Rail systems must be manufactured and installed in a manner which permits removal during winter months to avoid ice damage.
b. The rails of the rail launching system must not exceed four inches (4") in height and the rail system must lie on and follow the grade of the existing lake bed and lakeshore.
c. One boat rail system is allowed per property ownership, subject to a permit. The boat rail carriage may have a canopy (subject to subsections M4 and M8 of this section) if it is stored outside of the lakeshore protection zone when the boat is not in use.
d. Boat rail systems must be located no closer than twenty five feet (25') from a riparian boundary line.
e. Rail systems for trams, planes, or other uses are not permitted in the Lakeshore Protection Zone.
O. Riprap, Retaining Walls, and Soft Structure Armoring:
1. Retaining walls and surface-stacked riprap are at odds with the Policy Criteria of 13-2-6 as they significantly alter shoreline characteristics, create an unnatural shoreline, degrade lake quality and ecology, create a visual impact discordant to natural scenic value, and cause alteration of wave actions with resulting shoreline erosion on neighboring properties. Consequently, such methods are prohibited and require a major variance to install, with the exception that riprap installed subsurface as part of a dynamic gravel beach or other bioengineered solution is permitted. Retaining walls are prohibited except as a replacement for an existing failing retaining wall, or in a situation where bank failure is threatening a dwelling unit or where riprap has been installed and proven inadequate in bank stabilization. Natural shoreline restoration using soft structure armoring or bioengineering at or above the high-water mark and/or the installation of dynamic gravel beaches are the preferred methods of erosion control and should be used whenever possible. In order to apply for a variance for new or replacement retaining walls or riprap, a licensed engineer must demonstrate that soft-structure armoring, bioengineering or dynamic gravel beaches are ineffective solutions.
2. In situations where a retaining wall obtains a variance to be constructed, the following standards apply:
a. Retaining walls must be built at or landward of the mean annual high water elevation and must conform to the contours of the existing shoreline.
b. Any existing wall must be completely removed from the lakeshore protection zone and the replacement wall must be constructed in the same location as the existing wall or further upland.
c. A replacement retaining wall must be constructed to the same height, or lower than, the existing wall to be removed. A new retaining wall must be constructed to the minimum height necessary to stabilize the bank, but in no case can it exceed four feet (4') in height measured from the downhill finish grade. Where greater heights must occur, a series of terraced or stepped walls must be used. The width of a retaining terrace must be no less than three feet (3') and must incorporate native landscaping.
d. All material excavated for placement of the footings may be used as backfill behind the wall or else must be deposited outside of the lakeshore protection zone.
e. Backfill will be limited to that amount necessary to reestablish the preexisting slope and contours of the landward side, but must not extend closer than two inches (2") from the top of the new retaining wall in order to inhibit surface water runoff which may carry fertilizer, herbicides, pesticides, etc.
f. If removal of an existing retaining wall is not feasible or will cause bank failure or threaten a dwelling unit, and other preferred solutions are shown by a licensed engineer to be ineffective and a variance is obtained, a new wall may be constructed immediately lakeward of the existing wall.
g. Preferred retaining wall construction materials, in order of preference, are: vegetated retaining walls, rock faced concrete retaining wall, interlocking precast concrete stone (i.e., keystone block).
h. A detailed plan showing the exact location of the wall, the cross section and dimensions of the wall, and proposed facing and/or vegetative material must be included with the permit and variance application.
3. Riprap placed on the shoreline surface is a last resort method of erosion control and is limited to areas where active shoreline erosion is clearly present and endangering conforming structures or mature healthy trees, and where other solutions including dynamic gravel beaches and soft structure armoring have been installed and/or shown to be ineffectual by a licensed engineer or landscape architect. If a variance is approved, surface riprap placement must meet the following standards:
a. Vegetated riprap or a combination of riprap and soft structure armoring is the preferred method for any riprap application.
b. Riprap must be placed at or landward of the mean annual high water elevation.
c. Riprap placement must follow the contour of the existing shoreline, and be sloped at no greater than two horizontal to one vertical (2:1) ratio in order to dissipate wave energy.
d. Riprap must be stacked no more than eighteen inches (18") in vertical height. In areas where active erosion clearly exceeds eighteen inches (18"), riprap height is limited to the varying elevation of the active erosion, which must be surveyed and staked by a licensed surveyor, and clearly documented in a detailed elevation plan included with the lakeshore permit application. A topographical survey showing all proposed riprap placement in the lakeshore protection zone is required as part of a permit requesting riprap.
e. Stone used for riprap is limited to native rock picked from the shoreline and hand stacked, or nonangular rock whose appearance is similar to native shoreline stone. Size of imported rock must be six (6) through twelve inch (12") nominal diameter, eighteen inch (18") maximum diameter for exposed rocks, and must be free of silts, sands or fine materials unless utilizing vegetated riprap. Imported rock or stone that does not conform to these size requirements, or whose appearance is not similar to native shoreline stone, is a violation of these regulations and will be required to be removed and replaced.
f. Prior to placement of the riprap, filter fabric is required to be placed along the shoreline and incorporated into the riprap design to inhibit erosion and the washing of fine materials through the riprap.
g. Riprap being converted to vegetated riprap or used sub-surface to as part of a dynamic gravel beach requires a standard permit and not a variance.
h. Live trees and native vegetation must be left in place and the riprap placed around it, taking care not to damage the bark or vegetation.
i. Gabion baskets are not allowed.
4. Soft-structure armoring, bioengineering, dynamic gravel beaches, and natural shoreline restoration are the preferred methods of erosion control and must be used in all situations where active lakeshore erosion is present and threatening mature trees or structures.
5. Placement of boulders for landscaping purposes is prohibited.
P. Beach Gravel Applications:
1. Swim Beach Restoration: Addition of gravel for swim beach restoration is allowed on a case-by-case basis, subject to the following requirements:
a. Application of gravel is allowed only where the predominant existing surface is gravel. New material must match the native material as closely as possible.
b. Application of gravel for swim beach restoration is not permitted in the following areas: sites covered predominately by vegetation; over existing vegetation above mean high water; sites that are predominantly silts or fine materials; and below average low water.
c. Placement of gravel directly into the lake is prohibited for swim beach restoration.
d. All gravel fill for swim beach restoration must be clean, washed gravel of three-fourths inch (3/4") to one and one-half inch (11/2") diameter, free of silts and fine materials. Mixed sand and pea-gravel is also acceptable. Gravel type and color must approximate the existing materials on the adjacent lakeshore.
e. Maximum fill depth for swim beach restoration is six inches (6") to one foot (1'), including existing gravel depth.
f. The volume of gravel for swim beach restoration must not exceed one cubic yard per eight (8) linear feet of lake frontage.
g. Application of gravel is permitted only once every ten (10) years to supplement a stable gravel beach. Reapplication of gravel for swim beaches where it has predominantly either washed away, silted in or revegetated over time is prohibited.
2. Dynamic Gravel Beaches: Addition of prescriptive substrate to create a dynamic gravel beach or wave break to reduce visible shoreline erosion and enhance habitat may be allowed with a permit on a case-by-case basis, subject to the following requirements:
a. The applicant must use a qualified professional to prepare a technical letter demonstrating any active erosion on site and whether the site is suitable for a dynamic gravel beach or wave break due to its location and existing beach conditions, and the application must be supported with illustrations, sections, and other evidence including engineering formulas showing proposed depth of fill and type of prescriptive substrate materials for the wave break are appropriate to function as a dynamic beach in storm conditions and reduce active beach erosion within the Lakeshore Protection Zone
b. Placement of prescriptive substrate directly into the lake is allowed for dynamic beaches, wave breaks and habitat restoration during low water with an approved lakeshore permit and floodplain permit.
c. Dynamic gravel beaches must not exceed two cubic yards of fill per each linear foot of lake frontage.
d. All fill must be clean and washed. Prescriptive substrate type and color must approximate the existing materials on the adjacent lakeshore.
Q. Dredging and Filling:
1. Any work that alters a shoreline and/or high water line to extend private property or make a beach wider by removal or addition of material is prohibited unless permitted as a dynamic gravel beach. If a shoreline is altered, then restoration must be to the more stringent of the following two (2) guidelines, as determined by the governing body:
a. A uniform topography and high water line as delineated by the immediately adjacent properties on both sides.
b. A topography and high water line as can be determined by archive photos taken prior to the alteration.
2. Stacking or placement of new rock anywhere in the lakeshore protection zone requires a variance (see subsection O, "Riprap And Retaining Walls", of this section) and should only be used when "soft" structure solutions such as the installation of large woody material along the high water elevation and the revegetation of native plants within the lakeshore protection zone have already been applied and are shown to be ineffectual.
3. Dredging of a lake bed or lakeshore may have adverse effects due to suspension of fine materials, resuspension of nutrients and toxic materials, exposure of stable lake bed sediments to unstable conditions, removal of lake bed armament and creation of steep bench areas. All dredging permits require a major variance.
4. Dredging for the purpose of increasing the water depth of an area or creating an artificial harbor or lagoon is not permitted.
5. Dredging for the purpose of removing accumulated silt, sand or gravel directly adjacent to an existing structure is only permitted with a variance if all excavated materials are removed entirely from the lake and lakeshore areas and deposited so as to prohibit their reentry into the lake.
6. Dredging for the purpose of removing accumulated silt, sand or gravel which blocks access to a docking area is only permitted with a variance if such area to be dredged is less than five hundred (500) square feet.
7. Dredging and/or filling, if permitted through a variance, is only allowed between August 15 and April 15 when the lake is at low water.
8. Filling of a portion of a lake may have adverse effects due to destruction of an aquatic environment, loss of habitat for fish and wildlife, creation of an unnatural shoreline, creation of steep bench areas and alteration of current flows and wave actions. All permits for the purpose of adding fill below the mean high water line, except swim beach maintenance or for gravel wave breaks and/or habitat restoration as described in subsection P of this section, require a major variance.
9. Fill projects for the purpose of expanding existing land areas are not permitted.
10. Discharge of fill material directly into the lake is not permitted unless utilized as part of a permitted dynamic gravel breach installation.
11. Fill for engineered dynamic gravel beaches or gravel wave breaks requires a standard lakeshore permit as well as a floodplain permit.
12. Filling of wetlands adjacent to a lake is prohibited as it may have adverse effects on water quality due to destruction of an aquatic environment, loss of habitat for fish and wildlife, loss of water storage capacity and loss of the natural storm runoff cleansing functions and the natural nutrient entrapment functions of wetlands.
13. Permits for any dredging and filling may also be required by the department of natural resources and conservation and the U.S. army corps of engineers. A floodplain permit will be required.
14. Any dredging or filling requires a turbidity curtain be deployed along with an approved turbidity monitoring plan, and in no case can turbidity exceed 2.5 times the natural background conditions as determined by a turbidimeter (NTU).
R. Utility Lines (Electrical, Sewer, Water, Wells):
1. Electrical Lines:
a. Electrical lines are unsightly and potentially dangerous in or near a water environment. No permanent overhead electrical lines are allowed in the lakeshore protection zone.
b. All lighting on existing grandfathered structures must be designed to reflect light away from abutting or adjacent properties and the lakeshore protection zone.
c. Low voltage pathway lighting, no greater than two feet (2') in height may be permitted. Such lighting must be downcast and shielded.
d. No permanent lighting on docks is allowed.
e. No other lighting is allowed in the lakeshore protection zone, as it can be distracting, hazardous to navigation and contribute to an unnatural setting.
f. All lighting within the lakeshore protection zone must be dark skies compliant.
2. Sewer Lines/Disposal Facilities:
a. Domestic sewer lines or components are prohibited in the lakeshore protection zone.
b. Municipal/community sewer lines, lift stations and other associated facilities are prohibited in the lakeshore protection zone.
c. Shoreside pumpout facilities may be placed with a permit in public or private marinas or public parks.
(1) Such facilities must receive approval of the Montana Department of Environmental Quality, the Flathead City-County Health Department and/or any other government body with jurisdiction.
(2) Such facilities must include equipment to pump or otherwise receive and transfer contents of vessel holding tanks into a sewage retention and/or disposal system located outside the lakeshore protection zone.
(3) Such facilities must be designed and maintained using the latest best management practices, and an environmental impact analysis must be submitted with any application for such facility.
3. Water Lines:
a. A water line must be located at least ten feet (10') from either side property/riparian boundary line.
b. Directional horizontal underground boring or drilling is the only permitted method of installing waterlines on Whitefish Lake, subject to the following standards:
(1) Surface entrance of boring activity must occur outside the Lakeshore Protection Zone.
(2) Boring must not interfere with, interrupt, or endanger surface and activity thereon, and any surface settlement must be monitored and reported.
(3) If boring operation is discontinued due to obstruction or other reasons, the abandoned portion must be plugged or otherwise filled using best practices.
c. Trenching in the lakeshore to install waterlines is prohibited unless boring is not possible due to obstructions. If trenching is necessary, a minor variance must first be obtained. The following standards apply:
(1) All material excavated from the trench shall be replaced back into the trench as backfill. Any material which is not replaced back into the trench shall be completely removed from the lakeshore protection zone.
(2) In areas where there is a rock layer on the surface of the lake bed or lakeshore, such rock shall be removed and set aside, then replaced as a protective layer subsequent to the excavation.
(3) In areas where no rock layer exists, the replaced dirt shall be compacted and consolidated in order to prevent erosion. Additional cover, such as gravel, a rock layer or vegetation, may also be required.
(4) Following installation, the lake bed shall be returned to its condition prior to construction.
(5) A trenching machine may extend its bucket or digger into the lake to extend the trench below low water line of the lake.
(6) At no time shall the wheels of any vehicle come in contact with the lake.
(7) Only the minimum amount of material necessary to lay the line shall be removed from the trench.
d. That portion of the water line which is not buried and does lie exposed on the bottom of the lakeshore must be weighted to prohibit flotation or snagging.
e. Water lines using submersible pumps may incorporate an electrical line, but all such work and installation must be done in accordance with the state uniform plumbing and electrical codes. State electrical code requires a ground fault interruption (GFI) breaker on all water pumps. The electrical line must be installed in conduit for protection and maintenance accessibility.
f. No water line shall lie on top of or be attached to a floating dock or raft.
g. Proof of water rights from the State are required to install a water line.
4. Wells:
a. No well can be drilled or developed in the lakeshore protection zone.
b. For wells located outside of the lakeshore protection zone, when originally developing and pumping the well, the silt laden water must not be allowed to flow into the lakeshore protection zone and lake.
S. Fuel Tanks:
1. Fuel spills into the lake can create serious water quality hazards and may impair fish and wildlife habitat. No bulk fuel tanks will be placed over the water. All tanks must be landward of the lakeshore protection zone.
2. A pressure shutoff valve must be located next to the bulk tank on the line, landward of the lakeshore protection zone.
3. All fuel handling must be outside the main berthing area unless weather or lake exposure conditions are unfavorable for such a location. Any fueling stations, other than bulk tanks, must be located near an exit by water from the berthing area or at some location from which, in case of fire aboard an adjoining boat, the stricken craft may be quickly removed without endangering other boats.
4. Fuel stations must only be allowed in a public marina or a public recreation site.
5. Fuel stations must be designed and maintained using the latest best management practices, and an environmental impact analysis must be submitted with any application for such facility.
T. Buoys:
1. Unregulated buoy placement is prohibited on the lake, as it creates visual pollution, may obstruct open waters and, when done by nonlakeshore owners, infringes on property owners' usable space.
2. A buoy will only be permitted if placement will not cause a potential safety hazard or interfere with navigation and recreation.
3. A permitted buoy must be installed subject to the following conditions:
a. The buoy must be at least twelve inches (12") in diameter and constructed of plastic or dense foam which is light colored and reflective for maximum visibility. Logs, wood, metal barrels, and milk cartons are prohibited.
b. A buoy which has deteriorated to less than twelve inches (12") in diameter or is failing to float for adequate visibility is a navigational hazard and must be immediately removed from the lake.
c. The buoy must be suitably anchored to the lake bottom to avoid drift. The anchor must be clean, solid, nonpolluting material such as concrete, rock or steel blocks.
d. The line between the buoy and the anchor must be cable, galvanized chain or weighted nylon/polypropylene rope to prevent floating.
e. The buoy and anchor must be placed within one hundred feet (100') of the mean annual high water line.
f. The distance from the buoy to a moored boat must not exceed twelve feet (12').
g. Buoys are not permitted on lots less than seventy five feet (75') in width. The buoy must be centered on the property or placed such that the farthest swing of a buoy moored boat in the prevailing winds is twenty five feet (25') from the riparian boundary.
h. Only one buoy or boat anchor is allowed per common waterfront property ownership. "Common waterfront property ownership" is defined as multiple contiguous lots under one family or related ownership, including fractional ownership in a corporation, partnership or other legal entity.
i. The user of the buoy boat anchor must be the lakeshore property owner immediately landward and adjacent to the site or an individual who has the owner's specific permission.
j. State law requires any boat or other watercraft attached or anchored to a buoy must maintain at all times between sunset and sunrise, a thirty two (32) point light (a light visible at all times from all directions for a 360 degree field of view).
k. "No wake" and similar message sign buoys are subject to the all the same above requirements as mooring and swim buoys.
4. An existing buoy may be replaced with a new buoy without a lakeshore permit, provided that placement is identical to the buoy being removed. Buoy anchors must be completely removed from the lake when permanently removing buoys. Leaving anchors in the lakebed by cutting buoy ropes or chains is prohibited.
5. Swim floats secured with lines for the purpose of marking a swim area are only allowed for public beaches, and private or public marinas, and require a permit. The buoy lines may be located no closer than twenty feet (20') from the riparian property line, and no more than sixty feet (60') from the shoreline.
U. Boathouses and Boat Shelters:
1. Boathouses and boat shelters are not allowed in the lakeshore protection zone.
2. Existing grandfathered boathouses or boat shelters in the lakeshore protection zone must be maintained subject to subsection Z, "Nonconforming Structures", of this section.
V. Decks:
1. Decks, including decks on top of, or balconies cantilevered from, boathouses, storage buildings, dwelling units, etc., are prohibited in the lakeshore protection zone.
2. Existing grandfathered decks in the lakeshore protection zone must be maintained subject to subsection Z, "Nonconforming Structures", of this section.
W. Stairways, Walkways and Pathways:
1. Stairways, walkways, and pathways must have a maximum width of four feet (4'), and be designed and constructed in a manner which provides the most direct access to the lake with minimum environmental and visual impact.
2. Pathways on existing grade with embedded steps of stone or untreated timbers are preferred to constructed walkways or elevated stairways. For pathways, only the stone or timber steps are subject to the maximum allowable constructed area in subsection F of this section.
3. Stairways and walkways constructed of impervious material, including dry laid stone, are subject to the maximum allowable constructed area in subsection F of this section.
4. Elevated stairways must follow the natural grade of the existing shoreline, and no portion of the walking surface of the stairway or landing can be situated higher than two (2) vertical feet above the underlying lakeshore.
5. Stairways must be constructed of wood composite (i.e., Trex) or untreated wood left in its natural (unpainted) condition. Stairways or walkways of poured in place concrete are prohibited.
6. Stairway railings are permitted. Railings must not extend higher than four feet (4') above the stairway walking surface and must have a nonornate, visually open design. Railings must be constructed of wood composite (i.e., Trex) or untreated wood left in its natural (unpainted) condition or metal painted an earth tone color by the manufacturer prior to installation.
7. Steep lakeshore properties, where stairway construction standards cannot be met, may lack reasonable access to the lake and must be considered view lots.
X. Fences And Hedges:
1. Fences or hedges within the lakeshore protection zone are only allowed upon a showing of hardship such as where a private residential property abuts a park, resort, commercial, or other incompatible use.
2. The maximum height of a fence or hedge is six feet (6'), or lower if determined necessary to protect the viewshed from neighboring properties.
3. All fences must maintain at least fifty percent (50%) open space in their design.
4. Solid fences and barbwire fencing are prohibited.
5. Fences or hedges must not extend waterward of the mean annual high water level.
Y. Dwelling Units:
1. No permanent or temporary dwelling units, or portions thereof, will be constructed within the lakeshore protection zone, as they concentrate human activities on the shoreline, obstruct scenic views, create impervious surfaces, increase surface storm runoff into the lake, and diminish water quality.
2. No temporary structures, including tents for commercial use, will be erected within the lakeshore protection zone.
3. Existing grandfathered dwelling units, or portions thereof, which are located in the lakeshore protection zone must be maintained in conformance with subsection Z, "Nonconforming Structures", of this section.
4. Inhabited houseboats are not permitted to be moored or anchored in Whitefish Lake.
5. No boat or watercraft can be occupied overnight for a period longer than seven (7) days.
Z. Nonconforming Structures:
1. Continued and Maintained Building Or Structure: Any nonconforming building or structure may be continued and maintained, provided there is no physical change other than necessary maintenance and permitted repair.
2. Routine or Seasonal Maintenance: Routine or seasonal maintenance may be completed without requiring a permit. See "maintenance" as defined in section 13-1-5 of this title. All materials must conform with subsection A, "Construction Materials", of this section.
3. Repair: A permit is required when repairs include replacement of structural or foundation components or require a building permit. Any improvements not present in the non-conforming structure prior to such repair are not permitted other than minor changes in materials. See "repair" as defined in section 13-1-5 of this title. All materials must conform with subsection A, "Construction Materials", of this section.
4. Change in Ownership: In the case of a change in ownership or management of an existing nonconforming building or structure, no changes may be made in the nature or character of such nonconforming use.
5. Storage Shed or Boathouse: A nonconforming storage shed or boathouse in the lakeshore protection zone may not be altered or improved in any manner which might result in a change of use. Change of use includes adding heat, plumbing, roof top decking, or similar improvements.
6. Replacement/Restoration of Nonconforming Structures Due to Fire or Other Calamity:
a. A nonconforming building or structure, including a house or boathouse, having been damaged or partially destroyed by fire or other calamity or has otherwise deteriorated to an extent not exceeding fifty percent (50%) of its real value, exclusive of the foundations, at any time, may be restored to its immediately previous use existing at the time of partial destruction. Whenever a nonconforming house or boathouse is damaged in excess of fifty percent (50%), as stated above, the repair or reconstruction must conform to the requirements of these regulations and the floodplain regulations. All work exceeding routine maintenance requires a permit.
b. The percentage of loss resulting from fire or other calamity for a nonconforming structure is defined as the cost to repair divided by the fair market value of the structure (less foundation, land, and location) prior to the damage. The cost to repair includes the value of all materials, labor and services used for a project.
7. Enlargements: A building or structure which is nonconforming must not be added to or enlarged in any manner unless such building or structure, including such addition and enlargements, is made to conform to the requirements of these regulations (permit required).
8. Other Than Natural Disaster: Any nonconforming use or structure which is eliminated or reduced in size or scale by a means other than natural disaster or calamity may only be replaced, reestablished or enlarged according to these regulations (permit required).
9. Remodeling: Existing dwelling units situated in the lakeshore protection zone may be remodeled and maintained in accordance to the following standards:
a. Dwelling units represent concentrations of human activities. Such activities are essentially land based with people entering the aquatic environment only for relatively short periods of time for recreational purposes. Dwelling units are potentially harmful to the lake due to the following: intrusion of nonaquatic land use in an aquatic environment; creation of impervious surfaces; increasing surface storm runoff into the lake; concentrating human activities on the shoreline; obstruction of scenic views and possible sewer leakage. No permanent or temporary dwelling units or portions thereof, can be constructed within the lakeshore protection zone. This includes roof overhangs, drip lines, balconies, bay windows, chimneys, decks, etc.
b. Existing dwelling units situated in the lakeshore protection zone may be remodeled and maintained, provided the footprint is not expanded and the building height is limited to twenty five feet (25') as measured from the finished grade nearest the shoreline to the highest point on the building, or is limited to the existing height, if the structure already exceeds twenty five feet (25') in height.
c. Construction materials must conform with subsection A of this section and must be of a nonreflective nature. If paint is used, it must be of earth toned colors.
10. Grandfathered Dock: A dock provides primary recreational access to the lake. Consequently, a nonconforming dock which exceeds allowable constructed surface area due to other grandfathered nonconforming structures existing in the lakeshore protection zone, or exceeds maximum allowable length which existed prior to establishment of lakeshore regulations, may be replaced with an approved lakeshore permit if the following conditions are met:
a. The replacement dock does not increase overall length, maximum width, or total constructed surface area of the existing dock.
b. The installation location does not reduce riparian setbacks from the existing dock.
c. The replacement dock complies with all other regulations.
d. Additional unpermitted construction area has not been added within the Lakeshore Protection Zone.
11. Concrete Structures: Vertical, nonconforming concrete structures such as retaining walls or foundations in the lakeshore protection zone may be covered with thin stone veneer. The veneer must be no greater than three inches (3") thick, of an earth tone color, irregular size, and a course texture that blends in with the natural stone of the lake and the wooded surroundings. Cultured stone is the preferred product due to lighter weight and less disturbance of the lakeshore protection zone during construction. The exact surfaces to be covered, as well as the final sample selection, must be approved by the lakeshore protection committee and the city council via a standard permit. In adhering the stone or rock, no adhesive, concrete, grout, or other product is allowed to come in contact with the lake. Additional measures may be required to minimize construction impact within the lakeshore protection zone, and any disturbed areas must be restored to their preexisting conditions. If during construction it is determined that the veneer cannot be structurally supported, any change to the project must be approved through a permit amendment.
(Ord. 09-08, 7-20-2009; amd. Ord. 11-02, 3-7-2011; Ord. 23-30, 1-2-2024)