§ 28-90. Required setback from the high water mark of a watercourse.

(a)

Within an established high water mark setback there shall be no: construction; deposit of any material, including structures; removal of any soils, minerals and/or vegetation; dredging, filling or land balancing; constructing or undertaking seasonal or permanent operations, except as authorized in this section.

(b)

The setback shall only contain vegetation unless located within the C-3 zoning district within which a boardwalk/sidewalk may be constructed on public and/or private property as a means of maintaining public access/visibility to the waterfront.

(c)

Additionally, under certain conditions as defined below, a high water mark setback conditional use permit may be authorized by the planning commission to allow limited construction, activity, use, or operations within said setback. All such conditional use permit requests will be evaluated based upon no less than the following general criteria:

(1)

The relative extent of the public and private need for the proposed activity.

(2)

The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity.

(3)

The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private use to which the area is suited, including the benefits the natural feature and/or natural feature setback provides.

(4)

The probable impact of each proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.

(5)

The probable impact on recognized historic, cultural, scenic, ecological, or recreational values, and on fish, wildlife and the public health.

(6)

The size and quantity of the natural feature setback being considered.

(7)

The amount and quantity of the remaining natural feature setback.

(8)

Proximity of the proposed construction and/or operation in relation to the natural feature, taking into consideration the degree of slope, general topography in the area, soil type and the nature of the natural feature to be protected.

(9)

Economic value, both public and private, of the proposed construction and/or operation, and economic value, both public and private, if the proposed construction and/or operation were not permitted.

(10)

The necessity for the proposed construction and/or operation.

(Ord. No. 2016-29, § 3, 11-15-16)