The Zoning Ordinance for the Town of La Pointe begins with Section 1.0 Introduction 1.1 Authority and Purpose, stating "The ordinance is not intended to prevent development, but it is intended to insure that the development occurs in an orderly manner so as to recognize and respect existing land uses."

Zoning restrictions in an area like Madeline Island, a place of extraordinary physical beauty and vibrant history, create a set of rules that govern how development may or may not occur. These rules change over time, with the changes impacting ownership rights and opportunities with respect to what can or cannot be built on private lands.

 As one might expect, given the long history of property ownership, and changing zoning law, the Town of La Pointe has a number of lots that are described as Nonconforming or Substandard. The Town Zoning Annual ZA Report, dated January 17, 2008 for the year 2007 includes a listing of Nonconforming or Substandard properties. There are over 50 properties identified in this category.

The Town of La Pointe has passed Resolution #2009-0512-E, an ordinance amending the text of the official zoning ordinance of the Town of La Pointe. The ordinance has also been passed by Ashland County, and should shortly take effect.

The ordinance deals with section 4.3 Supplemental Regulations, section 4.3.3 Non-Conforming Grandfathered Lots.

Before continuing, it is important to state that I am not an attorney and therefore not competent to represent the meaning of the ordinance change. However, it is possible to develop an understanding of some of the meaning of the ordinance with a simple reading. 

To quote:

"Any lot which does not meet current dimensional length, width or area requirements of a District as specified in Section 3 of this Ordinance is considered to be "non-conforming". Any lot created and recorded prior to May 26, 1972 or becomes non-conforming because of a subsequent revision of the dimensional requirements of the Town of La Pointe Zoning Ordinance after May 26, 1972 or because of the construction of public roadway by the Town of La Pointe or Ashland County, is considered to be "Grandfathered".

The ordinance change establishes section 4.3.3.1 Setback Relief for Non-Conforming Grandfathered Lots.

What does this mean as a property owner? This ordinance change recognizes the existence of grandfathered lots and goes further to provide specific relief from setback requirements.

To quote:

"4.3.3.1 A. If a lot is non-conforming by virtue of having less area than is required for the District, the amount of relief allowed in meeting setback requirements will be in the same ratio in which it is deficient. For example, if the area requirements in the District are three (3) acres and the lot has only two (2) acres (67% of the required acreage) the setbacks, except the shoreline setback, will be decreased to 67% of the setback requirement in Section 3 of this Ordinance."

What does this mean as a property owner?

If a particular lot was created and recorded prior to May 26, 1972, the lot should qualify for setback relief based on lot size. Setback relief is allowed for a grandfathered lot that has less width than the width requirement in a particular District zone. 

To quote:

"4.3.3.1 C. If a lot is non-conforming because both the area and the width fail to meet the required requirements of Section 3 of this Ordinance, then relief shall be according to the formula that allows the greater relief."

 All of this can be confusing, but if you believe that your property is considered "grandfathered" the property should qualify for setback relief when it comes time to build or to add space to your home or cabin.

 Feel free to contact me if you are curious about the potential impact that this ordinance text change might have on your property.