ARTICLE IX: LAR - LAKE AREA RESIDENTIAL DISTRICT

9.1 Purpose

This district is intended to provide residential living in the Lewis and Clark Lake Area, with the influence of recreation yet maintain the pristine and natural beauty of the area both during and after development, consistent with the Comprehensive Plan.

9.3 Principal Uses

The following principal uses are permitted in the LAR District unless different in the underlying zoning district.

9.3-1 Bed & Breakfast residence subject to the following conditions:

A. The bed and breakfast residence shall be on property with a conforming single family dwelling.

B. Guest rooms may be within the principal residential building or an accessory building.

C. Each room that is designated for guest occupancy must be provided with a smoke detector which is kept in good working order.

D. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-street parking space for each sleeping room designated for guests. Such parking areas shall not be within the required front or side yards.

E. One (1) identification sign on not more than eight (8) square feet of sign area shall be permitted.

F. All bed and breakfasts opened after the effective date of these regulations, must have an in ceiling sprinkler system consistent with the latest International Building Code standards.

9.3-2 Fire Stations

9.3-3 Golf courses and clubhouses customarily accessory thereto, except miniature golf, driving ranges and other similar activities operated as a business.

9.3-4 Historical sites

9.3-5 In-home Child care (up to 6)

9.3-6 Law enforcement facilities

9.3-7 Places of Religious Assembly

9.3-8 Public Parks & Playgrounds

9.3-9 Schools, Civic & Community Buildings

9.3-10 Single Family Dwellings

9.3-11 Underground Public Utility right-of-way

9.3-12 All other Permitted Uses as indicated as Permitted within the Zoning Matrix.

9.4 Conditional Uses

The following conditional uses are permitted in the LAR District unless different in the underlying zoning district.

9.4-1 Cemeteries

9.4-2 Gun clubs and shooting ranges.

9.4-3 Lawn and Garden Nurseries

9.4-4 Privately owned parks, playgrounds, dude ranches, forest and conservation areas, country clubs, swimming pools, golf driving ranges, motorized cart tracks, or other outdoor recreational areas such as campgrounds, guest ranches, youth camps, gun clubs, and archery, trap and skeet ranges.

9.4-5 Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries, museums.

9.4-6 Publicly owned forest and conservation areas, country clubs, swimming pools, golf driving ranges, or other outdoor recreational areas such as campgrounds leased campgrounds and youth camps.

9.4-7 Radio, cellular and television towers and transmitters and subject to the requirements of Section 14.6 of Conditional Uses.

9.4-8 Riding stables and riding tracks.

9.4-9 9.4-10 Utility installations such as electric substations, sewer lift stations, telephone exchanges, gas regulators and major transmission lines (not including utility office, repair, storage or production facilities)..

9.4-10 All other Conditional Uses as indicated within the Zoning Matrix provided the following minimum conditions are met.

A. Meets minimum lot requirements as established by this Resolution.

B. Meets minimum off street parking requirements as established by this Resolution.

C. Meets minimum sanitary sewer requirements for the proposed use.

D. The lot(s) take access from an improved county road or highway or are along a developed public or private road that accesses an improved county road or highway.

9.5 Accessory Uses

The following accessory buildings and uses are permitted in the LAR District and shall not be located within 10 feet of any principal structure.

9.5-1 Buildings and uses customarily incidental to the permitted and conditional uses.

9.5-2 Home occupations shall include any use listed as a permitted use or any use listed as a conditional use provided a conditional use permit is granted.

9.5-3 Other accessory uses and structures normally appurtenant to the permitted uses or the uses permitted as exceptions.

9.5-4 Parking or storage of licensed recreational equipment subject to the requirements in Section 3.13

9.6 Lot Requirements and Intensity of Use

9.6-1 Minimum Lot Widths, Setbacks, Yards, and Height of Buildings.

A. Minimum lot width shall be 100 ft.

B. Minimum lot sizes shall be as follows:

i. Single family dwellings -- one-half (½) acre.

ii. All other uses three (3) acres

C. Building setbacks

i. Front yard 25 ft from edge of right-of-way

ii. Second front 15 ft from edge of right-of-way

iii. Internal side property line 10 ft from property line

iv. Rear yard 25 ft from property line

v. Accessory structures shall be set back at least five (5) feet from the side and rear lot lines provided that no part of such structure is located in the front yard setback.

D. At county road intersections, the minimum setback for structures shall be 133’ diagonally, at a forty-five (45) degree angle, from the intersection of the two county roads. In no case shall any structure or trees be placed within the space at right angles from this point.

E. Maximum height for structures intended for human occupancy shall be twenty-four (24) feet; all others are not restricted.

F. Maximum lot coverage shall be 25%.

9.6 Supplementary Regulations

9.6-1 Setback – Adjustments

A. In previously unplatted or un-subdivided areas located within the LAR District, the “default” setbacks shall apply except when the proposed subdivision is deemed to meet the bulk requirements of a Planned Development Overlay District. Setback Adjustments may not be granted for over 50% of the “default” setback.

B. In previously platted or subdivided areas located within the LAR District, the Zoning Administrator may decrease (or increase) the “default” setbacks based upon consideration of the following factors:

i. Whether previous subdivision covenants or plat dedications allowed a lesser (or greater) setback;

ii. Whether a previous variance allowed a different setback on similarly situated lands;

iii. Whether the historic use or actual construction of previously built and existing structures allow a different set-back;

iv. Whether the distance of existing structures from previously established lines (streets; “take” lines; boundaries; etc.,) allow a different setback; including consideration of whether the previous setback was measured from the center of the street, the side of the street, the property line, or other line.

v. Whether consideration of buffer, health, fire and traffic safety factors dictate or allow a different setback; and,

vi. Whether the landowners adjoining the setback in question (and other adversely affected landowners) have given a consent and waiver of hearing to the setback in question.

9.6-2 No conditional use permit shall be issued in the LAR District unless it is found that:

A. It minimizes the destruction or despoliation of unique or important natural features of the environment.

B. It minimizes the expenditure of public monies for services, facilities and improvements and will minimize damage to them in the event of a flood or other natural catastrophe.

C. It preserves the natural resources, vegetation and animal life in the area.

D. It does not cause a deterioration of water quality, decrease flood storage capacity or impair the habitat of fish, fowl or mammals, especially unique or endangered species.

E. It does not contribute to soil erosion, slope instability or rapid runoff of water.