§ 229.08  RESIDENTIAL LOT PROVISIONS.
   All single, duplex, triplex, and quad residential lots created hereafter shall meet or exceed the dimensions which follow.
   (A)   (1)   Lots must not be occupied by any more dwelling units than indicated below. Residential subdivisions with dwelling unit densities exceeding those in the tables below may only be allowed if designed and approved as residential planned unit developments. The sewer lot area dimensions set forth below can only be used if publicly owned sewer system service is available to the property.
      (2)   Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at both the ordinary high water level and at the building line.
   (B)   One guest cottage may be allowed on lots meeting or exceeding the duplex dimensions set forth below provided the following standards are met:
      (1)   For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex sized lot that could be created including the principal dwelling unit.
      (2)   A guest cottage may not cover more than 700 square feet of land surface and may not exceed a height of 15 feet.
      (3)   A guest cottage must be located or designed to reduce its visibility as viewed from the lake and adjacent shorelands by vegetation, topography, increased setbacks, color, or such other means as is approved by the city, assuming summer, leaf on conditions.
   (C)   Lots of record.  Lots of record that do not meet the minimum area and width standards contained herein may be allowed as building sites without variances from the minimum lot size requirements provided:
      (1)   The use is permitted in the designated zoning district.
      (2)   The lot has been in separate ownership from abutting lands continuously since it was created.
      (3)   The lot was created in compliance with official controls in effect at the time of its creation.
      (4)   All sewage treatment and setback requirements contained herein are met.
   (D)   Variances.  Any variances from setback requirements must be obtained before any use is made of, sewer treatment is provided to, or building permits are issued for the lot. In evaluating such variances, the Board of Adjustment shall consider sewage treatment and water supply capabilities and any constraints of the lots. The Board shall deny the variance if adequate facilities cannot be provided.
   (E)   Requirement.  If in a group of 2 or more contiguous lots under common ownership any individual lot does not meet the minimum size and width requirements, the lot may not be considered as a separate parcel of land for the purpose of sale or development. The lot must be combined with 1 or more of the contiguous lots such that all of the lots meet the minimum size and width requirements to the greatest possible extent.
   (F)   Lots designated for private lake access. Lots expressly conveyed, designated, or dedicated as access to public waters for use by owners of non-lakeshore lots within a plat must meet the following standards:
      (1)   The lot must meet the minimum size and width for residential lots required herein, but must be of sufficient width to permit a vehicle and trailer to turn around and utilize such access in an area confined to the lot.
      (2)   The lot may be provided with a dock provided that not more than 6 boats or watercraft shall be permitted to be docked and/or beached at any given time. Boats or watercraft moored or attached to buoys shall be included in the maximum number here permitted.
      (3)   By incorporation, or by the formation of a legally created association, covenants shall be recorded which:
         (a)   Specify the ownership of the lot, make such ownership inseparable from the ownership of the benefitting lots, and shall provide that a conveyance of a benefitting lot shall include the attending interest in the access lot;
         (b)   Provide the means for maintenance of the lot and assessing and collecting the cost thereof;
         (c)   Provided a means for paying any and all real estate taxes, assessments, and any other charges levied against the lot and assessing same to the benefitting lots;
         (d)   Specify and enumerate all uses which may be made of the lot and those uses which are prohibited.
      (4)   The city may require that appropriate screening be constructed, installed, or planted and maintained to minimize the impact of the lot and its use as viewed from the public water.
(Ord. 2011-06-07A, passed 6-7-2011)