Setbacks in the MRCCA are dependent on the Critical Area District. Maps are available showing the district boundaries and primary conservation areas including bluffs.
|Separated from River District||River Neighborhood District||Urban Mixed District|
|Height||Underlying Zoning||35 feet||65 feet|
|Setback from Bluff||40 feet||40 feet||40 feet|
|Setback from River||NA||100 feet||50 feet|
|Setback from Tributary||50 feet||50 feet|| NA|
There are some exceptions to the setbacks listed above. Legally nonconforming principal structures that do not meet the setback requirements may be expanded laterally provided that:
- The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure.
- The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development.
Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and blufflines without a variance, provided that:
- The deck or patio does not extend into the bluff impact zone.
- The encroachment of the deck or patio into the required setback area does not exceed 15% of the required structure setback
- The area of the deck or patio that extends into the required setback area occupies no more than 25% of the total area between the required setback and the 15% using the formula:
Required setback depth (feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum total area.
A water-oriented accessory structure is a small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses and detached decks and patios. One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the ordinary high water level, with one additional water-oriented accessory structure allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-oriented accessory structures must
- Not exceed 12 feet in height;
- Not exceed 120 square feet in area;
- Be placed a minimum of ten feet from the ordinary high water level
- Not be placed within the bluff impact zone