[Added 8-1-1994 by Ord. No. 1-94]
The Township Committee of the Township of Liberty hereby finds that in order to preserve and protect the health, safety and welfare of Liberty Township, particularly the residents and businesses in the Mountain Lake area and their property therein situate, controls on development beyond those applying to lands found elsewhere in the Township are required. The Township Committee finds:
That protection and preservation of certain panoramic views of Mountain Lake upland from the shoreline of the lake is required in the interests of the prosperity, civic pride and general welfare of the People.
That preservation of such views will strengthen and preserve the unique environmental heritage of the area.
That preservation of such views will stabilize and enhance the aesthetic and economic vitality and values of the areas within which such views are preserved, as well as the rest of the Township.
No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied except in conformity with all regulations established in this Article and upon performance with all conditions herein set forth, as well as regulations governing land use set forth in other Articles of this chapter or other ordinances of Liberty Township.
There shall be established a Mountain Lake Overlay Zone which shall encompass all land within 1,000 feet of the shoreline of Mountain Lake as designated on the map titled "Zoning Map, Mountain Lake, Liberty Township," dated April 1, 1991, and any subsequent amendment thereof.
Within the Mountain Lake Overlay Zone, no structure shall be built to a height greater than the height of the bottom of the highest window of the next habitable structure up-slope from the shore of Mountain Lake. Where the building up-slope is two or more stories, the limiting window shall be located in the second story.
Any plan, sketch, design, elevation or representation of a proposal for construction, reconstruction or addition in the overlay zone shall indicate and affirm that the proposal conforms to this Article, and so note on the document presented to the proper municipal official.