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(9) Religious and educational uses.

(10) Removal of gravel, sand, and rock or other alteration of the landscape to the minimum extent necessary for the construction of an access road to the property on which a use is permitted. In all other circumstances, such removal or alteration shall be permitted only to the minimum extent necessary to make possible the exercise of a use otherwise permitted in this district.

(11) Signs that are appurtenant to any permitted use and which (i) do not exceed 1 square foot in area for any residential use; (ii) do not exceed 4 square feet in area for any other use, including advertisement of the sale or rental of property; and (iii) which are not illuminated by any neon or flashing device. Such signs may be placed only on the property on which the advertised use occurs, or on the property which is advertised for sale or rental. Signs shall be subdued in appearance, harmonizing in design and color with the surroundings and shall not be attached to any tree or shrub. Nonconforming signs may continue such nonconformity until they are destroyed, moved, structurally altered or redesigned, but the period of such nonconformity may not exceed 2 years from the date a zoning ordinance containing this limitation is adopted by Shasta County.

(12) Accessory uses and temporary removable structures appurtenant to any permitted use.

(c) Any use not included above as a permitted use shall be deemed a prohibited use. Moreover, all land within the boundaries of the Whiskeytown Unit, except certain "improved property" as defined herein, will be acquired by the United States as rapidly as appropriated funds are made available therefor and before any development occurs thereon. Any property that is developed

before such acquisition takes place will be subject to acquisition by the Secretary without consent of the owner.

§ 30.4 Recreation District II.

(a) Definition: This district shall comprise all those portions of the Whiskeytown Unit of the WhiskeytownShasta-Trinity National Recreation Area delineated as "Recreation District II” on a map bearing the identification NRA-WHI-1000, and dated August 1966. (b) The following uses are permitted in Recreation District II:

(1) All uses permitted in Recreation District I, subject to all the limitations, conditions and requirements prescribed for such uses in that district.

(2) The following additional uses are permitted in Recreation District II, provided the Shasta County Planning Commission has issued a use permit in each

case:

(1) Agricultural pursuits such as crop farming, grazing, animal husbandry, nurseries, and greenhouses.

(ii) Stands for retail sales of products produced on the premises.

(iii) Measures to promote conservation of soil, water, and vegetation, including reforestation and tree stand improvement, and measures to reduce fire hazards.

(iv) Public or privately operated parks and playgrounds.

(v) Trailer campgrounds.

(vi) Golf courses.

(vii) Heliports, provided they are located and screened so their operations will cause a minimum of interference with public recreational use and enjoyment of the area.

(viii) Accessory structures, facilities, and utilities as necessary to make possible the exercise of any use otherwise permitted.

(c) Structures developed for the exercise of the additional uses listed under paragraph (b)(2) of this section shall not exceed two stories in height (35 feet), shall have a minimum principal use area of 5 acres, and shall have a front yard setback of not less than 100 feet from the nearest right-of-way line of a road or street. However, a lesser area than 5 acres may be utilized for such purposes if the property in question was in separate ownership on February 7, 1963.

(d) Any use not included above as a permitted use shall be deemed a prohibited use. Moreover, all land within the boundaries of the Whiskeytown Unit, ex

cept certain "improved property” as defined herein, will be acquired by the United States as rapidly as appropriated funds are made available therefor and before any development occurs thereon. Any property that is developed before such acquisition takes place will be subject to acquisition by the Secretary without consent of the owner.

§ 30.5 Variances, exceptions, and use permits.

(a) Zoning ordinances or amendments thereto, for the zoning districts comprising the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National Recreation Area may provide for the granting of variances and exceptions.

(b) Zoning ordinances or amendments thereto for each of the districts established by the regulations in this part shall contain provisions advising applicants for variances and exceptions that, under section 2(f) of the Act of November 8, 1965, the authority of the Secretary to acquire "improved property” without the owner's consent would be reinstated (1) if such property is made the subject of a variance or exception to any applicable zoning ordinance that does not conform to any applicable standard contained in the regulations in this part; or (2) if such property is put to any use which does not conform to any applicable zoning ordinance approved by the Secretary.

(c) The Shasta County Planning Commission, or private owners of "improved property" may consult the Secretary as to whether the grant of any proposed variance or exception would terminate the suspension of his authority to acquire the affected property without consent of the owner, and may request the approval of a variance or exception by the Secretary: Provided, The Secretary is notified in writing at least 30 days in advance of the hearing on the application for the variance or exception. The Secretary within 30 days after the receipt of a request for approval of a variance or exception, shall advise the owner or the Commission whether or not the intended use will subject the property to acquisition by condemnation. If more than 30 days is required by the Secretary for such determination, he shall so notify the owner or Commission, stating the additional time required and the reasons therefor.

(d) The Secretary shall be given written notice of any variance granted under,

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(a) In administering, preserving, and developing the Indiana Dunes National Lakeshore (hereinafter referred to as Lakeshore), the Secretary of the Interior (hereinafter referred to as the Secretary), is required to be guided by the provisions of the Act of November 5, 1966 (80 Stat. 1309), and applicable provisions of the laws relating to the National Park System. The Secretary, further, may utilize other statutory authority available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of the said act.

(b) Development and management of the Indiana Dunes National Lakeshore to provide for public enjoyment, use, and understanding of its unique natural, historic, and scientific features will be undertaken and conducted in such manner as to assure preservation of the unique flora and fauna or the physiographic conditions prevailing in the area and preservation of historic sites and structures. This contemplates, where compatible with preservation purposes and the physical capabilities of the lakeshore, a broad range of activities including, but not limited to, hiking, boating, swimming, fishing, picnicking, nature study, water skiing, beachcombing, and winter sports.

(c) The Secretary may not acquire by

condemnation any "improved property" defined in paragraph (d) of this section, within the boundaries of the lakeshore, during all times when the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that is approved by the Secretary.

(d) As used herein, "improved property" means a detached one-family dwelling construction of which was begun prior to January 4, 1965, together with so much of the land on which the dwelling is situated and which is in the same ownership as the dwelling, as the Secretary considers reasonably necessary for enjoyment of the dwelling for noncommercial residential use, together with accessory structures on the same land. The amount of land so designated may not exceed 3 acres in area, and the Secretary may exclude from such "improved property" any beach or waters, which he deems necessary for public access thereto or public use thereof.

(e) Section 5 of the 1966 Act requires the Secretary to issue regulations specifying standards for approval by him of zoning ordinances adopted by the local entities within the lakeshore so that the improved properties within its boundaries may attain exemption-from-condemnation status. Such standards, and any contained in amended regulations, shall contribute to the effect of (1) prohibiting the commercial and industrial use, other than that which is permitted by the Secretary, of all property within the boundaries of the lakeshore; and (2) promoting the preservation and development, in accordance with the purposes of the aforesaid act, of the area within the lakeshore by means of acreage, frontage, and setback requirements and other provisions-consistent with the laws of the State of Indiana.

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strate conformity with the general and specific standards in the regulations in this part. These submissions shall include ordinances and amendments adopted specifically to implement the regulations in this part. The Secretary is required to approve any zoning ordinance or amendment submitted to him which conforms to the standards contained in the regulations in this part, but he may not approve a zoning ordinance or amendment which (1) contains any provision he considers adverse to preservation and development of the lakeshore, or (2) fails to provide that the Secretary shall receive notice of any variance granted under or exception made to the application of such ordinance or amendment. The Secretary will notify the municipality submitting the zoning ordinance or amendment, within 30 days after its receipt, of its approval or disapproval. If more than 30 days are required for the review, the municipality will be notified of the delay and of the additional time needed to reach a determination.

(c) Nothing contained in the regulations in this part or in the zoning ordinance or amendments adopted for the lakeshore to implement the regulations in this part shall preclude the Secretary from exercising his power of condemnation at any time with respect to property other than "improved property" as defined above. Property within the boundaries of the lakeshore, except to the extent it is identified as a part of "improved property", will be acquired by the United States as rapidly as appropriated funds become available and before development occurs thereon. Any private property developed after January 4, 1965, is subject to acquisition by the Secretary by condemnation under the Act of November 5, 1966, referred to above, even though such development is in accordance with zoning ordinances or amendments approved by him. The regulations in this part shall not preclude the Secretary from otherwise fulfilling the responsibilities vested in him by the act authorizing establishment of the lakeshore.

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(d) No additional or increased commercial or industrial uses are permitted in the lakeshore except as provided for under the regulations applicable to the "Lakeshore Use District." Existing nonconforming commercial or industrial uses shall be discontinued within 15 years from the effective date of the regulations in this part. The Secretary may

cept certain "improved property" as defined herein, will be acquired by the United States as rapidly as appropriated funds are made available therefor and before any development occurs thereon. Any property that is developed before such acquisition takes place will be subject to acquisition by the Secretary without consent of the owner.

§ 30.5 Variances, exceptions, and use permits.

(a) Zoning ordinances or amendments thereto, for the zoning districts comprising the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National Recreation Area may provide for the granting of variances and exceptions.

(b) Zoning ordinances or amendments thereto for each of the districts established by the regulations in this part shall contain provisions advising applicants for variances and exceptions that, under section 2(f) of the Act of November 8, 1965, the authority of the Secretary to acquire "improved property" without the owner's consent would be reinstated (1) if such property is made the subject of a variance or exception to any applicable zoning ordinance that does not conform to any applicable standard contained in the regulations in this part; or (2) if such property is put to any use which does not conform to any applicable zoning ordinance approved by the Secretary.

(c) The Shasta County Planning Commission, or private owners of “improved property" may consult the Secretary as to whether the grant of any proposed variance or exception would terminate the suspension of his authority to acquire the affected property without consent of the owner, and may request the approval of a variance or exception by the Secretary: Provided, The Secretary is notified in writing at least 30 days in advance of the hearing on the application for the variance or exception. The Secretary within 30 days after the receipt of a request for approval of a variance or exception, shall advise the owner or the Commission whether or not the intended use will subject the property to acquisition by condemnation. If more than 30 days is required by the Secretary for such determination, he shall so notify the owner or Commission, stating the additional time required and the reasons therefor.

(d) The Secretary shall be given written notice of any variance granted under,

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(a) In administering, preserving, and developing the Indiana Dunes National Lakeshore (hereinafter referred to as Lakeshore), the Secretary of the Interior (hereinafter referred to as the Secretary), is required to be guided by the provisions of the Act of November 5, 1966 (80 Stat. 1309), and applicable provisions of the laws relating to the National Park System. The Secretary, further, may utilize other statutory authority available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of the said act.

(b) Development and management of the Indiana Dunes National Lakeshore to provide for public enjoyment, use, and understanding of its unique natural, historic, and scientific features will be undertaken and conducted in such manner as to assure preservation of the unique flora and fauna or the physiographic conditions prevailing in the area and preservation of historic sites and structures. This contemplates, where compatible with preservation purposes and the physical capabilities of the lakeshore, a broad range of activities including, but not limited to, hiking, boating, swimming, fishing, picnicking, nature study, water skiing, beachcombing, and winter sports.

(c) The Secretary may not acquire by

condemnation any “improved property” defined in paragraph (d) of this section, within the boundaries of the lakeshore, during all times when the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that is approved by the Secretary.

(d) As used herein, "improved property" means a detached one-family dwelling construction of which was begun prior to January 4, 1965, together with so much of the land on which the dwelling is situated and which is in the same ownership as the dwelling, as the Secretary considers reasonably necessary for enjoyment of the dwelling for noncommercial residential use, together with accessory structures on the same land. The amount of land so designated may not exceed 3 acres in area, and the Secretary may exclude from such "improved property" any beach or waters, which he deems necessary for public access thereto or public use thereof.

(e) Section 5 of the 1966 Act requires the Secretary to issue regulations specifying standards for approval by him of zoning ordinances adopted by the local entities within the lakeshore so that the improved properties within its boundaries may attain exemption-from-condemnation status. Such standards, and any contained in amended regulations, shall contribute to the effect of (1) prohibiting the commercial and industrial use, other than that which is permitted by the Secretary, of all property within the boundaries of the lakeshore; and (2) promoting the preservation and development, in accordance with the purposes of the aforesaid act, of the area within the lakeshore by means of acreage, frontage, and setback requirements and other provisions-consistent with the laws of the State of Indiana.

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strate conformity with the general and specific standards in the regulations in this part. These submissions shall include ordinances and amendments adopted specifically to implement the regulations in this part. The Secretary is required to approve any zoning ordinance or amendment submitted to him which conforms to the standards contained in the regulations in this part, but he may not approve a zoning ordinance or amendment which (1) contains any provision he considers adverse to preservation and development of the lakeshore, or (2) fails to provide that the Secretary shall receive notice of any variance granted under or exception made to the application of such ordinance or amendment. The Secretary will notify the municipality submitting the zoning ordinance or amendment, within 30 days after its receipt, of its approval or disapproval. If more than 30 days are required for the review, the municipality will be notified of the delay and of the additional time needed to reach a determination.

(c) Nothing contained in the regulations in this part or in the zoning ordinance or amendments adopted for the lakeshore to implement the regulations in this part shall preclude the Secretary from exercising his power of condemnation at any time with respect to property other than "improved property" as defined above. Property within the boundaries of the lakeshore, except to the extent it is identified as a part of "improved property", will be acquired by the United States as rapidly as appropriated funds become available and before development occurs thereon. Any private property developed after January 4, 1965, is subject to acquisition by the Secretary by condemnation under the Act of November 5, 1966, referred to above, even though such development is in accordance with zoning ordinances or amendments approved by him. The regulations in this part shall not preclude the Secretary from otherwise fulfilling the responsibilities vested in him by the act authorizing establishment of the lakeshore.

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(d) No additional or increased commercial or industrial uses are permitted in the lakeshore except as provided for under the regulations applicable to the "Lakeshore Use District." Existing nonconforming commercial or industrial uses shall be discontinued within 15 years from the effective date of the regulations in this part. The Secretary may

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