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Polk County zoning staff flags 'structure' definition as source of setback confusion
Summary
Zoning staff told the committee that ambiguity between 'structure', 'principal structure' and 'accessory structure' in county ordinance is causing inconsistent setback-averaging interpretations; the committee agreed to pursue ordinance clarifications in the November 'ordinance season.'
Zoning staff briefed the committee on how setback averaging is applied to lake lots and said ambiguities in the county ordinance — particularly how "structure," "principal structure" and "accessory structure" are defined — have led to inconsistent interpretations. Staff explained setback averaging measures to the eave or wall of a principal structure (not a deck) and that the minimum setback is 35 feet from the ordinary high-water mark. However, county web definitions appear broader and include decks and walkways under "structure," creating uncertainty for consistent application.
Committee members and legal staff recommended clarifying definitions and ordinance provisions during the county’s forthcoming ordinance review period (typically starting in November). Corporation counsel and the zoning administrator’s authority to interpret provisions were discussed; staff advised that changing ordinance language would limit interpretation variability.
Next step: staff will draft options and return in November for the committee to begin ordinance updates.
