CHAPTER 17.04: NANCY LAKE STATE RECREATION AREA SPECIAL LAND USE DISTRICT

There is established a special land use district, the boundaries of which shall be as shown on the map attached to the ordinance codified in this chapter, and which is adopted by reference and declared to be a part of this chapter.

(Ord. 66-2, § 3 (part), 1966)

17.04.020 PURPOSE.

The area within the boundaries of this special district is zoned for recreational uses.

(Ord. 66-2, § 3 (part), 1966)

17.04.030 BOUNDARIES.

Boundaries which are indicated as approximately following platted lot lines, section or quarter section lines or meander lines shall be construed to follow such lines. If the boundaries of this special land use district divide a lot or parcel which was in single ownership when divided by these regulations, and the ownership is a matter of public record, the regulations applying to the least restricted portion of such lot or parcel shall be considered as extending to the entire lot or parcel, provided one-half or more of the lot or parcel is in the least restricted portion thereof.

(Ord. 66-2, § 3 (part), 1966)

ARTICLE II. DEFINITIONS

17.04.040 ACCESSORY USE OR BUILDING.

“Accessory use or building” is a subordinate use or building customarily incident to and located on the same lot with the main use or building.

(Ord. 66-2, § 3 (part), 1966)

17.04.050 ALTERATION.

“Alteration” as applied to a building or structure, is a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

(Ord. 66-2, § 3 (part), 1966)

17.04.060 BUILDING.

“Building” is a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers, and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. For the purposes of this definition, “roof” includes an awning or other similar covering, whether or not permanent in nature.

(Ord. 66-2, § 3 (part), 1966)

17.04.070 DWELLING.

“Dwelling” is a building designed or used as the living quarters for one or more families.

(Ord. 66-2, § 3 (part), 1966)

17.04.080 JUNK.

“Junk” is any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, when unaltered or unchanged and without further reconditioning can be used for its original purpose as when new, shall not be considered junk.

(Ord. 66-2, § 3 (part), 1966)

17.04.090 USE.

“Use” is the purpose for which land or a building is arranged, designated or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 66-2, § 3 (part), 1966)

ARTICLE III. APPLICATION OF REGULATIONS

17.04.100 CONFORMANCE REQUIRED.

No building, structure, land or water area located within this special land use district shall hereafter be used or occupied, and no building, structure, or part thereof, shall hereafter be erected, constructed, moved, repaired or structurally altered except in conformity with the regulations specified in this chapter.

(Ord. 66-2, § 3 (part), 1966)

17.04.110 JUNK STORAGE UNLAWFUL.

Notwithstanding any other provisions of this chapter, the outdoor storage, placement or abandonment of any junk as defined herein shall, within 60 days after July 5, 1966, become a prohibited and unlawful use. Failure to remove such junk shall be cause for the removal thereof at the expense of the owner of the land upon which it is located.

(Ord. 66-2, § 3 (part), 1966)

17.04.120 PERMITTED USES.

(A) The following land uses shall be permitted within the special land use district herein established:

(1) campgrounds, playgrounds, play and sports fields, trails, boat channels, public buildings, facilities and uses in keeping with public recreation;

(2) one-single family dwelling per lot or parcel, provided that no trailer, portable home, such as a mobile home, or used quonset but may be used except as temporary living quarters. Existing dwellings may continue to be used;

(3) the raising of vegetables, produce and fruit crops;

(4) home occupations, provided that such use is conducted entirely within a dwelling by the permanent inhabitants thereof, that such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes; and that there is no external evidence of the use of any kind except a nameplate not exceeding one square foot in area;

(5) temporary living quarters on the same premises with a dwelling under construction, provided the temporary living quarters are removed from the premises within six months after the new dwelling is completed;

(6) customary accessory uses and buildings, provided such uses are clearly incidental to public recreation and do not include any activity which is inconsistent with such recreation. Any accessory building or use shall be located on the same lot with the principal building or on an abutting lot of the same ownership;

(7) no lot or parcel shall be created less than two acres in size and measure less than one-fourth its depth across its width at the narrowest point.

Illustration of Formula Application:

1⁄3 Depth = Width at narrowest point

(All equal two acres)

Object of formula:

To discourage high-density occupation of land; to remove pollution threat; to maintain the recreational aspect for which such land use district was created; and also to proportion lots for utilization, service and access.

Interpretation:

2 acres = 87,120 square feet

Width = 1⁄3 of depth

(1) Example 1: What dimension in general at the narrowest point of width preserves a ratio of 1:3 and provides a two-acre site?

(a) 100’ width x 3 = 300’ depth = 30,000 sq. ft. (smaller than 2-acre site)

(b) 150’ width x 3 = 450’ depth = 67,500 sq. ft. (smaller than 2-acre site)

(2) Example 2: What minimum depth is possible with 200 ft. width to provide two acres?

200’ x 436’ = 87,200 sq. ft. =

2 acres + (minimum)

Conclusion:

Anything narrower than 200’ requires longer depth than three times the width, at narrowest point.

Lots, then, are limited to approximately 200 feet of frontage (high value dimension) and a minimum depth of 436 feet.

(Ord. 67-11, § 4, 1967; Ord. 66-2, § 3 (part), 1966)

ARTICLE IV. EXCEPTIONS

17.04.130 APPLICATION; FILING FEE; WHEN ISSUED.

(A) An application for an exception together with the appropriate fee, as established by the assembly, shall be filed in writing by the owner of the property concerned on forms prescribed by the planning director, and may be issued for any of the following:

(1) public utility or public service uses or public buildings in any district when found to be necessary for the public health, safety, convenience or welfare;

(2) removal of minerals and natural materials, including building and construction materials, when incidental to a permitted use or improvement of the land, but not solely for commercial or industrial purposes.

(Ord. 86-47, § 2, 1986; Ord. 68-6, § 3, 1968; Ord. 66-2, § 3 (part), 1966)

17.04.140 INVESTIGATION OF USE.

The planning commission shall cause to be made by its own members, or by its authorized representative, an investigation to determine that such uses will not be injurious to public health, safety or welfare or detrimental to other properties or uses in the vicinity. (Ord. 66-2 § 3 (part), 1966)

17.04.150 APPLICATION; APPROVAL OR DENIAL.

Within 21 days after the receipt of an application, the planning commission shall render its decision. If it is the opinion of the commission, after consideration of the report of such investigation, that the use as proposed in the application, or under appropriate restrictions or conditions, will not endanger the public health, safety or general welfare, or be inconsistent with the general purposes and intent of this chapter, the commission shall approve the application, either with or without conditions. If the proposed use will tend, in the opinion of the commission, to endanger in any way the public health, safety or general purposes and intent of this chapter, the commission shall deny the application.

(Ord. 66-2, § 3 (part), 1966)

17.04.160 APPLICATION; HEARING.

When deemed necessary, the commission may hold a public hearing upon any application for an exception, and if such public hearing is to be held, notice thereof shall be given in the manner prescribed in Article V of this chapter, except that such procedure shall specifically refer to an exception; and further, that the area considered by the commission to be affected by the intended use of land, as described in such application, may be extended in such application to a distance greater than 300 feet of the exterior boundary of such land and the owners thereof notified of such hearing.

(Ord. 66-2, § 3 (part), 1966)

ARTICLE V. PROCEDURE FOR APPEALS

17.04.170 APPEALS.

Appeals from decisions of the planning commission may be made under the provisions of MSB 15.39.

(Ord. 83-62, § 7, 1983)

ARTICLE VI. ENFORCEMENT AND PENALTY

17.04.220 VIOLATIONS AND ENFORCEMENT.

Violations and enforcement of this chapter shall be consistent with the terms and provisions of MSB 17.56.

(Ord. 83-84, § 3, 1983)