ARTICLE 1 - That the Kosciusko County Zoning Ordinance be amended as follows:

3.11.11 - Lake Access Developments:
Lakeshore Frontage Requirements - The intent of this provision is to minimize the impact of Lake Access Developments on the Shoreline and to (1) limit the funneling of lake access for multiple residences located on Non-Waterfront Lots through Waterfront Lots, (2) to establish an acceptable density on lake access by controlling development (3) establish a balanced and orderly relationship between Lake Access Developments and the amount of Shorline available for use by the owners of Non-Waterfront Lots, and (4) to protect the natural lake assets of Koscusko County from overburdening Lake Access Developments. This provision limits the practice of funneling numerous lake users through a waterfront lot intended for residential use. Funneling promotes very high density use of limited lake shore property. It often results in undesirable overcrowding, access conflicts, sanitation, noise, parking and public safety problems.

Lake Access Developments in all zoning districts shall provide Shoreline in compliance with the following linear footage requirements:

First Residential Unit   50 Feet of Shoreline
Second Residential Unit  25 Feet of Shoreline
Each Additional Residential Unit 15 Feet of Shoreline

The Developer of any Lake Access Development shall submit, with its exception, preliminary plat or development plan application, a certificate of survey depicting the Waterfront Lot Shoreline and calculating the Shoreline length. Such application may be granted only after submission of the required Waterfront Lot certificate of survey. In addition, the zoning administrator shall independently confirm the accuracy of the Shoreline length calculation prior to the public hearing, or other determination required, for approval of the application.

This Amendment shall apply to modification of legal, non-conforming uses unless the change or alteration of the legal, non-conforming use maintains the same number of waterfront users or fewer waterfront users than the use had on the date of this Amendment, as calculated under this section of the ordinance. This number shall be supported through historical documentation and is subject to the requirements of all federal, state, and local regulations and requirements.

ARTICLE 8 - ADDITIONAL DEFINITIONS:
   Lake Access Development:  Any development (i) that has a portion of its perimeter bound by a Public Freshwater Lake or, (ii) that contains as a part of the development or through the grant of an easement, license or other interest, the right of owners in the development to use a Waterfront Lot for access to the waters of any Public Freshwater Lake and, (iii) that requires any type of approval by the Board of Zoning Appeals or Area Plan Commission. A Lake Access Development shall include by way of example, but not be limited to lake front recreational areas, beaches, parks, playgrounds, regardless of whether such area has been specifically denominated as a common area or access point, whether located in a residential subdivision, apartment building development, condominium, cooperative, used by a neighborhood association, or associated with an organization, club, retirement community, mobile home park, mobile home subdivision, subdivisions subject to the provisions of the subdivision control ordinance, or multi-family residential units, mobile home parks, and camp grounds, planned unit developments with a residential component, residential development under the Indiana Horizontal Property Regime Act, platted or exempt residential subdivisions and any other residential use in all zoning districts.
   Developer:  A person submitting a plat, condominium regime, horizontal property regime, mobile home park, or a development plan of any kind or of any similar nature, of the type or character described in the definition of a Lake Access Development.  The Developer may be the owner or a person or entity operating in their self interest but with the consent of the owner of the real estate in question.
   Shoreline:  Shall have the definition stated in IC 14-26-2-4 as amended from time to time.
   Waterfront Lot:  Any parcel of real estate having as one of its boundaries the Shoreline of a Public Freshwater Lake.
   Non-Waterfront Lot:  Any parcel of real estate taxed as a separate parcel on the date of this ordinance, not having as one of its boundaries the Shoreline of a Public Freshwater Lake.
   Public Freshwater Lake:  Shall have the definition stated in IC 14-26-2-3 as amended from time to time.