Zoning

CHAPTER 3.07 “LP” LAKE-PARK DISTRICT

 

Section 3.07.01 Purpose

 

The Lake-Park District is divided into two separate zones. The Lake Park-1 District (LP1) is established to provide for orderly residential and recreational development, together with certain public facilities, customary home occupations, and certain commercial establishments normally associated with lake shore development.

While the Lake Park-2 District (LP2) is also established for development similar to the LP1 District, it is also the intent to allow for agricultural uses within the district.

 

 

Section 3.07.02 Area Contained in “LP1″ Lake‑Park District

 

All land, unless otherwise zoned, within one thousand (1,000) feet of the normal high water line of Lake Poinsett, Lake Albert and within the boundaries of the Lake Poinsett Sanitary Sewer District shall be designated as “LP1″ Lake Park District and usage shall conform to the regulations for this district.

 

Section 3.07.03 Area Contained in “LP2″ Lake‑Park District

All land, unless otherwise zoned, within one thousand (1,000) feet of the normal high water line of Lake Marsh, Lake Norden, Lake Mary, Lake John, Dry Lake, and Clear Lake shall be contained in “LP2″ Lake Park District and usage shall conform to the regulations for this district.

 

Section 3.07.04 Permitted Uses

 

1. Site-built single family home;

 

1. Modular home;

 

1. Type I manufactured home;

 

1. Public parks and recreation areas;

 

1. Agriculture and horticulture uses, excluding concentrated animal feeding operations;

 

1. Home occupations;

1. Attached garages and unattached private garages shall be limited to maximum dimensions of 36 feet by 42 feet and conform to the design of the house. Exceptions shall include buildings only within the LP2 District used for Agriculture purposes as defined herein;

 

1. Satellite dish meeting setback requirements;

 

1. Essential public services.

 

10.  Accessory structures such as piers and docks and uses to include but not limited to boathouses and sheds further than fifty (50’) feet from the high water mark, or from a point as determined by the Board of Adjustment.

 

Section 3.07. 05 Conditional Uses

 

1. Twin homes;

 

1. Private parks and campgrounds;

 

1. Resorts;

 

1. Restaurants;

 

1. Boat houses within fifty (50) feet of high water mark;

 

1. Multiple family dwellings, including condominiums;

 

1. Attached, unattached garages with sidewalls greater than 10 ½ feet and or dimensions greater than 36 feet by 42 feet.  Except for buildings for Agriculture purposes in the LP2 District s permitted by 3.07.04.

 

1. Type I manufactured home without a permanent foundation;

 

1. Type II manufactured home;

 

10.  Commercial storage garages;

 

11.  Laundromats;

 

12.  Bait shop;

 

13.  Grocery store;

 

14.  Bar, tavern, or lounge;

 

15.  Convenience store;

 

16.  Recreational sales;

 

17.  Rental services;

 

18.  Outdoor music event.

 

19. Golf course, driving range, clubhouse and related accessory uses

 

20.  Stabling, Pasturing, Raising Of Livestock on Small Acreages. (See Chapter 5.08)

 

Section 3.07.06 Prohibited Uses in the LP1 and LP2 Districts

1. On lots where there are no permanent single family residential structures maintained the following shall be prohibited:  campers, travel trailers and other recreational vehicles.   Campers, travel trailers and other recreational vehicles shall be limited to a total of no more than one (1) regardless of the number of lots.

 

1. The parking or placement of personal property (i.e. boat docks/lifts, recreational vehicles, automobiles, etc.) in a public right-of-way is prohibited.

Section 3.07.07 Shoreline Alterations

 

Shoreline stabilization, filling, grading, dredging, and lagooning projects in the “CN” District shall be governed by Chapter 5.36.

 

Section 3.07.08.  Supplementary “LP” Lake Park District Regulations

 

1.   Storage Tanks

 

A building permit is required for any gasoline or diesel storage tanks in excess of fifty‑five (55) gallons.  No underground tanks for private use will be permitted.

 

2.   Liability of Developer for Sewage Pollution

 

The developer of any platted lands which is in the Lake Park District shall be liable for any pollution to a lake. Provisions binding upon the developer to protect the lake from pollution from sewage shall be required to be filed with a plat.

3.   Moved in Buildings

 

Any residence or accessory building moved into the Lake Park District must have signature by petition of one hundred percent (100%) of the adjoining landowners.  EXCEPTION:  A new residence to be used for first occupancy, constructed off the property and moved to location shall not require adjoining landowners approval.

 

4.  The use of waste tires in Lake Park District for retaining walls or shoreline stabilization is prohibited.

 

1. An Agricultural Easement must be filed with Register of Deeds on all property to be used for a newly constructed or moved in residence prior to issuance of a building permit.

 

1. 2. Manufactured Home Park-In Lake Park District, manufactured homes shall meet all requirements of Chapter 5.10 Manufactured Home Provisions with one exception:  Type A and Type B Manufactured Homes be structurally sound, well-maintained, have been constructed within the last (25) twenty-five years.  Before a manufactured home older than (10) ten years old can be moved into a Manufactured Home Park the applicant shall provide a photograph of the manufactured home exterior and interior to the Zoning Office.  This provision shall only be allowed at a Manufactured Home Park that exists in Lake Park District at the time of passage of this ordinance.
   Section 3.07.09 Area Regulations

 

LAKE PARK DISTRICT LP1 and LP2

SCHEDULE OF REGULATIONS

 

Minimum      Minimum      Minimum      Minimum      Minimum     Maximum

Lot Area      Lot Width     Side Yard    Front Yard    Rear Yard      Height

(Sq. Ft.)                                              Road Front   Lake Front

(1)                 (2)

Central Sewer/Holding Tank/

Rural Water

 

Single Family Dwelling                       9,600          75′               8′                         30′                       50′      30′

 

Multiple Family Dwelling                           10,000         100′ 10′                         30′                       50′                       45′

 

Commercial                                                  20,000         125′ 10′                         30′                       50′                       45′

 

Rural Water/Septic Tank

 

Single Family Dwelling                                20,000                 75′                           8′                       30′                       50′         30′

 

Multi-Family and Commercial            Not Allowed

Well/Septic Tank

 

Single Family Dwelling                                43,560                 75′                            8′                      30′                       50′         30′

 

Multi-Family and Commercial            Not Allowed

 

(1)     Side of lot facing road right-of-way or access easement.

 

(2)     Side of lot facing lake.

 

(3)     All structures, except boat houses, in addition to meeting the 50-foot setback from normal high water mark adjacent to lakes must also be seven (7) feet above the normal high water mark.  The Zoning Officer may require the permit applicant to provide documentation of the normal high water mark location on applicant’s property. The applicant shall further provide an elevation certificate prepared by a registered engineer.

 

(4)     Where adjoining lots are developed with a rear yard setback less than fifty (50) feet, the required setback shall be the average of the setback of the adjoining lots.

 

(5)     Accessory buildings may be built in a required front yard but such accessory building shall not occupy more than thirty (30) percent of a required front yard.

 

(6)     Lot width is the distance between side lot lines measured at the rear of the required front yard on a line parallel with a line tangent to the road right-of-way line.

 

(7)     An open, unenclosed porch which is in excess of two (2) feet above the floor level of the ground (first) story may project into a required front yard or rear yard for a distance not exceeding ten (10) feet.  An enclosed porch containing not more than forty (40) square feet may project into a required front yard or rear yard for a distance not to exceed four (4) feet.

 

(8)     Uncovered porches, decks and ornamental features which do not extend more than two (2) feet above the floor level of the ground (first) story may project into a required rear yard for a distance not to exceed fifteen (15) feet.

 

(9)     Back Lots:  Back Lots shall have the following minimum setback requirements:

 

Front Yard-Thirty (30) feet              Side Yard- Eight (8) feet                          Rear Yard-Eight (8) feet

 

(10)  All setbacks include overhangs

ARTICLE V

SUPPLEMENTAL REGULATIONS

 

Pursuant to the purpose of this regulation are certain general requirements that are not provided for under Article III District Regulations. These requirements are set forth under this Article.

 

CHAPTER 5.01 VISIBILITY AT INTERSECTIONS

On a corner lot in any district, no structure, planting, or obstruction to vision shall be placed or maintained within the triangular area formed by the intersection road right-of-way lines and a straight line connecting points on said road right-of-way line each of which is one hundred (100) feet distance from the point of intersection (Clear View Triangle).  Exception: In the Lake Park District, Town District, and Planned Development District, the Clear View Triangle shall be formed by the intersection road right-of-way lines and a straight line connecting points on said road right-of-way line each of which is fifty (50) feet distance from the point of intersection.

 

CHAPTER 5.02 FENCES

 

Section 5.02.01 Fences in the “LP” Lake Park Districts and “PR” Planned Residential District

Section 5.02.01.01 Purpose

 

The regulation of fences is intended to protect the public safety and welfare, provide privacy, buffer noise, and allow adequate air, light and vision.

 

Section 5.02.01.02 Permit required

 

1. All fences, walls and hedges in the LP-1 and PR Districts shall require a building permit

 

Section 5.02.01.03 Location/Construction Requirements

 

1. Notwithstanding other provisions of this Ordinance, fences, walls, trees, and hedges may be permitted in any required yard.  Except fences, walls, and hedges which are more than thirty (30) percent solid shall not be located within thirty (30) feet of an intersection, measuring along the property lines and connecting these two points by a straight line.  Further, the fence, wall, tree, or hedge shall not be constructed within twenty-five (25) feet of a public right-of-way or private road.  Fences, walls and hedges shall be set back twenty (20) feet from high water mark.

 

1. Fences, with a maximum height of not more than eighty inches (80) inches, may be erected on any part of a lot other than in the required front yard which shall be limited to a height of forty-eight (48) inches.

 

 

1. The County does not provide surveying services.  The property owner is responsible for locating property lines.

 

1. Fences may be built no closer than one (1) foot up to the property line, not to include the public right-of-way. Fences constructed within an identified easement face the potential of removal in the event of necessary work to be conducted within the easement.  Replacement of the removed fence is the responsibility of the owner of said fence.

 

1. The “finished side” of the fence shall face neighboring properties or the road.

 

1. Approved fencing materials include stone, brick, wood, vinyl, and chain link.  No barbed wire fences shall be allowed.  EXCEPTION:  The use of barbed wire shall be allowed in Lake Park District for normal Agriculture as defined by Section 209.

 

1. Hedges or other plantings which create a fence effect are subject to the same regulations as fences.

 

1. Fences can be built on the property line when the fence is shared between property owners.

 

CHAPTER 5.03 ACCESSORY BUILDINGS

 

1. Only specifically authorized accessory uses allowed; accessory uses must be subordinate to principal use.

 

10.  No accessory use shall be permitted in any district unless such use is specifically authorized by this Ordinance. No accessory use shall be deemed to be authorized by this Ordinance unless such use is in fact subordinate to and on the same zoning lot with the principal use in conjunction with which it is maintained.

 

11.  No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.

 

12.  No accessory building may be used for residential dwelling purposes at any time.

 

13.  Lake Park and Planned Residential Districts.

 

Accessory uses shall be permitted for the principal permitted uses and conditional uses of the Lake Park and Planned Residential Districts only in accordance with the provisions of the following table hereby adopted by reference and declared to be part of this Ordinance.

 

14.  Commercial – Industrial District.

 

In any Commercial-Industrial district, any accessory use customarily incident to the principal permitted use or conditional use shall be permitted, except those uses specifically prohibited in the district.

 

 

Permitted Accessory Uses: LP and PR Districts

Principal Use	Permitted Accessory Uses
Single family dwellings; duplexes; townhouses and multiple-family dwellings; nursery schools and Day care centers	1. Private garages.
	Attached garages shall be limited to maximum dimensions of 36 feet by 42 feet and conform to the design of the house. Unattached garages shall be limited to maximum sidewalls of 10 1/2 feet; maximum dimensions of 36 feet by 42 feet; and a maximum of 4/12 roof pitch or to conform to the design of the house.
	2. Buildings or structures for customary residential storage  purposes not over 10 feet in height and not exceeding 150 square feet in gross floor area.
	3. Readily moveable sports, recreation, or outdoor cooking  equipment.
	4. Permanent sports or recreational structures or facilities,  such as tennis courts, swimming pools, barbeque pits, and similar improvements provided a site plan for such facility is approved.
	5. Home occupations but only as defined herein.
	6. Non-commercial greenhouses provided that greenhouses  over 100 square feet in floor area must have an approved site plan.
	7. Off-street parking and storage of vehicles, but only as               provided in Chapter 4.05 of this Ordinance.
Churches, Convents and Monasteries	1. All customarily incidental uses reasonably necessary  to allow the free exercise of religion, but not to include commercial use.
All conditional uses	1. All customarily incidental uses reasonably necessary to  promote the primary purposes of the principal use, provided that such use must be specifically authorized by the Board of Adjustment for the principal use.
All other items	1. No accessory uses permitted.