§ 33-16.2. Existing accessory structures and landscaping on certain privately owned artificial lakes.

The foregoing recitations are adopted and incorporated herein by reference.

Notwithstanding any other provision of this chapter to the contrary, any accessory structure or landscaping in those subdivisions located in Section 10, Township 52 South, Range 40 East shall be deemed to be in compliance with this chapter, provided that the accessory structure or landscaping meets all of the following requirements:

(a)

The accessory structure or landscaping is accessory to a lawful single-family residential use that abuts a privately owned artificial lake that is connected to another surface water body; and

(b)

The accessory structure or landscaping is located in part or in whole waterward of the top of slope; and

(c)

The accessory structure or landscaping was complete prior to the effective date of this section; and

(d)

A building permit for the accessory structure has been applied for on or before April 20, 2000, and once issued shall not be renewed more than twice.

(Ord. No. 98-45, § 1, 4-21-98)