Lake County Zoning Code § 37.4 Uses permitted

(a) All uses permitted in the base zoning district; however, no person shall undertake any development activity within a riparian corridor except when:

1. The development activity is exempt from the provisions of this Article pursuant to Section 37.5; or

2. The development activity has been authorized by an exception or conditional exception pursuant to Section 37.6 of this Article.

• 37.5 Exemptions: The following activities shall be exempt from the provision of this Article:

  • (a) The continuance of any pre-existing non-agricultural use provided such use has not been abandoned for a period of one (1) year or more.

  • (b) Agricultural activities not involving the placement of structures or the removal of riparian vegetation (defined as vegetation four (4) or more inches in diameter at three (3) feet in height) within twenty (20) feet of the top of the streambank.

  • (c) All activities done pursuant to a valid timber harvest permit.

  • (d) Emergency clearing and filling measures for the protection of human safety, health or welfare.

  • (e) Administrative gravel extraction permits pursuant to Chapter 24 which do not result in the removal of riparian vegetation.

  • (f) Clearing or removal of dead, dying, diseased or downed vegetation within the streambed or on the streambank; and the removal of vegetation obstructing streamflow or causing streambed or streambank erosion.

  • (g) Maintenance and operation of existing flood control, irrigation and drainage facilities.

• 37.6 Exceptions: Exceptions and conditional exceptions to the provisions of this Article may be authorized by the Zoning Administrator.

  • (a) The granting of an exception may be conditioned by the requirement of measures to ensure compliance with the purposes of this Article. Required measures may include, but are not limited to:

    1. Maintenance of a protective strip of vegetation between the development and a stream, marsh, or body of standing water. The strip should have sufficient filter capacity to prevent significant degradation of water quality, and sufficient width to provide value for wildlife habitat, as determined by the Zoning Administrator.

    2. Installation and maintenance of waterbreaks.

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3. Surface treatment to prevent erosion or slope instabilities.

4. Installation and maintenance of drainage facilities.

5. Seeding or planting of bare soil including the establishment of ground cover or the planting of woody vegetation.

6. Installation and maintenance of sediment catch basins.

• (b) Concurrent processing of related permits: An application for exception may be processed concurrently with an application for a permit required for the development activity in question. The Review Authority responsible for issuance of the required permit may also authorize an exception, pursuant to the requirements of this Article. No permit for the activities in question shall be issued until an exception has been authorized. Any permit must include any conditions included in the exception.

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