§ 151.35  LOT AREA AND WIDTH STANDARDS.
   The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this chapter for the lake and river/stream classifications are the following:
   (A)   Unsewered land within 1,000 feet of Lake Minnewaska.
 
Riparian Lots
Non-Riparian Lots
Area
Width
Area
Width
Single
20,000
100
40,000
150
Duplex
40,000
180
80,000
265
Triplex
60,000
260
120,000
375
Quad
80,000
340
160,000
490
 
   (B)   Sewered land within 1,000 feet of Lake Minnewaska.
 
Riparian Lots
Non-Riparian Lots
Area
Width
Area
Width
Single
15,000
75
10,000
75
Duplex
26,000
135
17,500
135
Triplex
38,000
195
25,000
190
Quad
49,000
255
32,500
245
 
   (C)   Tributary stream lot width standards. There is no minimum lot size requirements for tributary streams. The riparian and non-riparian lot width standards for single, duplex and quad residential developments for tributary streams are:
 
Sewered
Non-Sewered
Single
75
100
Duplex
115
150
Triplex
150
200
Quad
190
250
 
   (D)   Additional special provisions.
      (1)   Residential subdivisions with dwelling unit densities exceeding those in the table in division (B) above can only be allowed if designed and approved as residential planned unit developments under § 151.05. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in division (B) above can only be used if publicly owned sewer system service is available to the property.
      (2)   One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in this section, provided the following standards are met:
         (a)   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;
         (b)   A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and
         (c)   A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
      (3)   Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards:
         (a)   They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots;
         (b)   If a controlled access lot is used for docking, mooring or over-water storage of more than six watercraft, then the width of the lot (keeping the same lot depth) must be increased by 5% of the requirements for riparian residential lots for each watercraft beyond six;
         (c)   Controlled access lots must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and
         (d)   Covenants or other equally effective legal instruments must be developed that specify which lots owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities including swimming, sunbathing or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on condition.
(Ord. 31, passed - -1995)