§ 46-82. Minimum building area requirements, variance from the minimum building area requirements, habitable first floor elevations, and setbacks for the ordinary high water levels.

(a)

No building permits shall be issued after the effective date of the ordinance from which this division derives for those properties within the encompassed area unless:

(1)

The property for which a building permit is sought is served by a central sewage treatment facility, or a state approved OSTDS is used satisfying the following requirements:

a.

If the property is being serviced by a public water system, then there must be a minimum lot size of at least one-quarter acre.

b.

If the property is being serviced by a private well, then the minimum lot size must be at least one-half acre.

c.

All OSTDS must comply with the surface water setback requirements in subsection 62-3666(14).

(2)

The board of county commissioners shall hear variances relating to the minimum lot size requirements of this section under the following conditions, provided that no topographic or water table conditions exist on the subject property that would present a health hazard.

a.

All other requirements and provisions of this division are met.

b.

The property owner seeking a variance has submitted to the department sufficient written documentation to demonstrate that a reasonable, but unsuccessful, effort has been made to purchase contiguous property to comply with the minimum building area requirement.

c.

A written request for a variance shall be filed with the department within 30 days of denial of an OSTDS permit.

(3)

All habitable structures located on the subject property shall be setback a minimum of 30 feet from the ordinary water level of any class III adjacent body of water. Accessory uses as defined by section 62-1102 may be permitted closer to the ordinary high water level in accordance with the provisions of the section 62-3668.

(Ord. No. 2000-57, § 5, 11-28-00; Ord. No. 2018-24, § 17, 10-9-18)