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(A) Intent of district.
(1) It is the intent of this section that the CP Zoning District be established and maintained to preserve and/or control development within certain land and/or water areas in the town which:
(a) Serve as wildlife refuges;
(b) Require protection from an environmental or ecological standpoint;
(c) Possess great natural beauty;
(d) Are utilized for outdoor recreational purposes;
(e) Provide needed open space for the health and general welfare of the county’s inhabitants; and/or
(f) Are subject to periodic flooding of a degree to inhibit sound development.
(2) The regulations which apply within this district are designed to reserve the areas for the purposes outlined herein and to discourage any encroachment by residential, commercial, industrial or other uses capable of adversely affecting the relatively undeveloped character of the district.
(B) Jurisdiction of district. The CP District applies to the following areas adjacent to streams, lakes and watercourses within the town:
(1) Flood hazard area. Those areas within the Floodplain Map, as designated by the Official Floodplain Map for the town;
(2) Water quality area. Those areas within 100 feet of streams, lakes and watercourses within the town; and
(3) Other areas as designated by the Town Council.
(C) Permitted uses in a flood area. The following uses shall be permitted in any flood area of a CP Zoning District:
(1) Areas or structures to be of historical significance or scenic beauty and so designated on the Zoning Map;
(2) Agriculture, timberland, tree farms and/or forestry management areas and uses customarily accessory to the activities;
(3) Publicly owned and/or operated park, open space, recreational facility or use and the equipment necessary for servicing the users;
(4) Wildlife refuge, including one-family or two-family dwelling units of caretakers employed to maintain and protect the refuge; and
(D) Conditional uses in flood area. None permitted.
(E) Water quality overlay area.
(1) The water quality area shall be an overlay district that regulates certain practices, but not the underlying use of the property within the district. The following restrictions apply.
(2) All timber practices or row crop tilling agricultural practices within the water quality area must be done in accordance with a conservation plan approved by the County Soil and Water Conservation District. Practices not in accordance with this plan shall be a violation of this chapter and subject to appropriate penalties as such.
(F) Dimensional requirements in flood area.
(1) Minimum lot area: none; except that, residences (excluding those designated to be of historical significance) and recreational facilities, where permitted, shall be on lots of not less than two acres;
(2) Minimum lot width: none; except lots which are sites for permitted residences and/or recreational facilities shall be on lots at least 200 feet wide;
(3) Minimum front yard depth: none; except for residential uses (excluding those designated to be of historical significance) or recreational facilities when the minimum shall be not less than 200 feet deep;
(4) Minimum side yard: none; except that, no side yard on a lot which is a side for a permitted residence (excluding those designated to be of historical significance) or recreational facility shall be less than 50 feet each in width;
(5) Minimum rear yard: none; except that, no rear yard on a lot which is a side for a permitted residence (excluding those designated to be of historical significance) or recreational facility shall be less than 50 feet deep;
(6) Maximum building height: none;
(Ord. 97-04, passed 12-19-1996)