Chapter 500
ZONING
[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 13-1-1 through 13-1-200 and 7-5-1 of the 1992 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Plan Commission and Zoning Board of Appeals -- See Ch. 21.
Animals -- See Ch. 126.
Blasting and rock crushing -- See Ch. 140.
Building construction -- See Ch. 152.
Construction site erosion control -- See Ch. 190.
Fair housing -- See Ch. 217.
Exterior lighting -- See Ch. 273.
Nonmetallic mining -- See Ch. 278.
Noise -- See Ch. 284.
Property maintenance -- See Ch. 314.
Abandoned vehicles -- See Ch. 366.
Comprehensive Plan -- See Ch. 388.
Floodplain Zoning -- See Ch. 407.
Historic preservation -- See Ch. 423.
Subdivision of land -- See Ch. 474.
Wellhead Protection Overlay District -- See Ch. 489.
ARTICLE I
Authority; Purpose; Interpretation
§ 500-1. Authority.
This chapter is adopted under the authority granted by §§ 62.23(7) and 87.30, Wis. Stats., and amendments thereto.
§ 500-2. Title.
This chapter shall be known as, referred to and cited as the "Zoning Code, City of Bayfield, Wisconsin" and is hereinafter referred to as the "code" or "chapter."
§ 500-3. General purpose.
The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the City of Bayfield, Wisconsin.
§ 500-4. Intent and purposes in view.
The general intent and purposes in view of this chapter are to regulate and restrict the use of all structures, lands and waters and to:
A. Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;
B. Divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;
C. Protect the character and the stability of the residential, business, manufacturing and other districts within the City and to promote the orderly and beneficial development thereof;
D. Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;
E. Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;
F. Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;
G. Secure safety from fire, panic, flooding, pollution, contamination and other dangers;
H. Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the City;
I. Preserve and protect the beauty of the City of Bayfield;
J. Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;
K. Provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;
L. Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;
M. Further the maintenance of safe and healthful water conditions;
N. Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;
O. Provide for and protect a variety of suitable commercial and industrial sites;
P. Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;
Q. Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the City of Bayfield;
R. Provide for the administration and enforcement of this chapter; and to provide penalties for the violation of this chapter.
§ 500-5. Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
§ 500-6. Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power now possessed by the City of Bayfield.
§ 500-7. Severability and nonliability.
A. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
B. If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.
C. The City does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Common Council, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.
§ 500-8. Repealer.
All other ordinances or parts of ordinances of the City inconsistent or conflicting with this chapter, to the extent of the inconsistency or conflict only, are hereby repealed.
ARTICLE II
General Provisions
§ 500-9. Jurisdiction; compliance required; yard and lot use; other laws.
A. Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the City of Bayfield. The provisions of this chapter shall be held to be the minimum requirements for carrying out the intent and purpose of this chapter.
B. Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C. District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
D. Yard reduction or joint use.
(1) No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
(2) No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.1
E. Relationship with other laws. Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.
§ 500-10. Use regulations.
Only the following uses and their essential services may be allowed in any district:
A. Permitted uses. Permitted uses, being the principal uses, specified for a district.
B. Accessory uses.
(1) Accessory uses and structures (except accessory dwelling units, which are permitted by conditional use permit in R-1 and R-2 Districts) are permitted in any district but not until their principal structure is present or under construction.
(2) Any permanent, roofed structure serving as an accessory use, if attached to the principal building, shall be considered a part of the principal building. If such structure is a building and is not attached to the principal building, it shall conform to the setback and other dimensional requirements of the district within which it is located.
C. Conditional uses.
(1) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article V of this chapter except those existent at time of adoption of this chapter.
(2) Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Plan Commission in accordance with Article V of this chapter.
(3) Conditional uses authorized by the Plan Commission shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
(4) Conditional uses authorized by the Plan Commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Plan Commission approval and the procedures required in Article V of this chapter.
D. Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in § 500-15 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Plan Commission, in accordance with the following procedure:
(1) Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Plan Commission to facilitate the determination.
(2) Investigation. The Plan Commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to recommend its classification.
(3) Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 500-15.
(4) Effective date of determination. At the time of this determination of the classification of the unlisted use by the Zoning Board of Appeals, the classification of the unlisted use shall become effective.
§ 500-11. Site regulations.
A. Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot or combined lot frontage (the City has existing forty-foot lots that are combined as a building site) shall have a minimum public street frontage of 80 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
B. Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses may be located on a lot. The Plan Commission may permit as a conditional use or planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
C. Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D. Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The front yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such front yard setbacks shall be no less than the average of the front yards required in both districts.
E. Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which its bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Common Council.
F. Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Common Council, upon the recommendation of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
G. Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
H. Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of the said vacated area shall not be affected by such proceeding.
I. Platting. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.
J. Dwelling units. No unfinished home, tent or trailer shall, at any time, be used as a dwelling unit, except mobile homes located in an approved mobile home park. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the Building and Housing Codes.2 An accessory building may be used as a dwelling unit only upon the issuance of a conditional use permit for an accessory dwelling unit under § 500-75.
K. Animal yards. Animal feed yards, animal sales yards, commercial kennels for dogs or cats, riding academies and public stables shall be located no closer than 200 feet from any property line, shall provide automobile and truck egress, shall provide parking and loading spaces, so designed as to minimize traffic hazard and congestion, proponent shall show that odor, dust, noise, drainage shall not constitute a nuisance or a hazard to adjoining property or uses.
L. Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Common Council.
§ 500-12. Modifications.
A. Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1) Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
(2) Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks, are exempt from the height limitations of this chapter.
(3) Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
(4) Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line, except that communications structures more than 15 feet in height over their mounting shall be conditional uses.
(5) Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height not exceeding 60 feet and not exceeding five stories, provided that the front, side and rear yards required in the district in which such structure is to be located are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
B. Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1) Architectural projections, such as chimneys, flues, sills, eaves, belt courses, ornaments, landings and fire escapes may project into any required yard, but such projection shall not exceed two feet.
(2) Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(3) Landscaping and vegetation are exempt from the yard requirements of this chapter.
C. Corner side yards. The required side yard on the street side of corner lots shall be at least 50% greater than the minimum specified for the district.
§ 500-13. Reduction or joint use. [Amended 10-18-2006 by Ord. No. 335]
The provisions of § 500-9D(1) of this chapter shall apply to yard reduction and joint use of yards.
§ 500-14. Screening and fencing requirements.
Screening or fencing as required by this chapter shall be subject to the following provisions:
A. Approval required. Any use or conditional use listed in this chapter requiring screening or fencing shall be permitted only when authorized by the City and subject to its approval of a screening or fencing plan for that particular use.
B. Objective. Planting or other suitable screening including fences or freestanding walls shall be required where deemed necessary for screening for enclosure purposes by the City, such as around outdoor storage yards and industrial property lines, salvage yards, refuse disposal sites, quarries and mines, mobile home parks, and trailer camps. Such provisions shall be required to the extent needed to provide for:
(1) Screening of objectionable views.
(2) Adequate shade.
(3) Enclosure of storage materials.
(4) Public health and safety.
(5) A suitable setting for the particular use and other facilities.
C. Extent.
(1) Screen planting. Adequate to screen objectionable views effectively within a reasonable time; in some cases temporary screening devices may be required until suitable screen planting can be achieved.
(2) Other planting. For mobile home parks and trailer camps, other planting should be adequate in size. The quantity and character shall provide an attractive setting for the mobile homes, trailers and other improvements, provide adequate privacy and pleasant outlooks for living units, minimize reflected glare and afford summer shade.
(3) Existing planting. Acceptable as required planting to the extent that it is equivalent, suitable and preserved in good condition.
(4) Fences and walls. Appropriately designed for the function intended and shall be substantially constructed to withstand conditions of soil, weather and use.
(5) Proper maintenance required. All screenings, fences and walls required by this chapter shall be maintained so as not to provide an objectionable view by themselves.3
ARTICLE III
Zoning Districts
§ 500-15. Establishment of districts. [Amended 10-18-2006 by Ord. No. 335; 12-18-2007 by Ord. No. 339]
A. For the purposes of this chapter, the City of Bayfield is hereby divided into the following standard zoning districts:
(1) R-1 Residential District.
(2) R-2 Residential District.
(3) C-1 Commercial District.
(4) W-1 Conservancy District.
(5) FP-1 General Floodplain District (an overlay district).
(6) Waterfront District.
B. Planned development districts may be established in accordance with the provisions of Article IV.
§ 500-16. Zoning Map and district boundaries.
A. The official zoning district map is an integral part of this chapter. The single official copy of this map entitled "City of Bayfield Official Zoning Map," together with a copy of this chapter, shall be available for public inspection during office hours. The map shall be certified by the Mayor and attested by the City Clerk. Any changes in zoning district boundaries shall be recorded on the map. No such change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
B. The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.
C. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the district boundary line.
D. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
E. In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.
§ 500-17. R-1 Residential District.
A. Purpose. The R-1 Residential District provides for one-family and two-family year-round residential development protected from traffic hazards and the intrusion of incompatible land uses. It is intended to encourage such development around existing residential areas where soil conditions are suitable for such development and in those areas which can be economically and readily served by utilities and municipal facilities.
B. Permitted uses.
(1) Single-family and two-family year-round dwellings.
(2) Private garages and carports, but only as accessory to the principal use.
(3) Essential services and utilities intended to serve the principal permitted use.
(4) Signs subject to the provisions of Article VIII.
(5) Horticulture and gardening.
(6) Customary accessory uses, provided that such uses are clearly incidental to the principal use and that no such use generates traffic or noise that would create a public or private nuisance.
C. Conditional uses.
(1) Multifamily (three or more) dwelling units.
(2) Rooming or boarding houses.
(3) Mobile home parks subject to the conditions of this chapter.
(4) Public and semipublic uses, including but not limited to the following: public and private schools, churches, public parks and recreation areas, day-care centers, hospitals, rest homes and homes for the aged, fire and police stations, historic sites. Sewage disposal plants, garbage incinerators and maintenance, repair or storage buildings shall not be permitted.
(5) Telephone, telegraph and power transmission towers, poles and lines, including transformers, substations, relay and repeater stations, equipment housing and other necessary appurtenant equipment and structures, above or below ground.
(6) Home occupations meeting the requirements of § 500-76.
(7) Structures in the R-1 District that have been placed on the National Register of Historic Places or those structures of historic importance as designated by the Bayfield Chapter of the County Historical Society may be considered for commercial uses which are ancillary to the principal use. Such requests will be considered principally to encourage the preservation of these historic structures.
(8) Screening and fencing over four feet in height.
(9) Swimming pools.
(10) Kennels.
(11) Bed-and-breakfast establishments.
(12) Accessory dwelling units.4
D. Dimensional requirements.
(1) Building height limit: 35 feet.
(2) Required lot area:
(a) Single-family dwellings: 9,600 square feet.
(b) Two-family dwellings: 9,600 square feet per family.
(c) Multifamily dwellings (over two): 4,800 square feet per family.
(3) Minimum lot width: 80 feet.
(4) Yards required:
(a) Front yard: 25 feet.
(b) Front yard (Historic District): 10 feet.
(c) Side yards:
[1] Principal building: seven feet for gable or nine feet for eave; 20 feet total.
[2] Accessory building: same as for principal building.
(d) Rear yard: 10 feet.
(5) Minimum floor area per family:
(a) For a three-bedroom apartment: 1,000 square feet.
(b) For two-bedroom apartment: 800 square feet.
(c) For one-bedroom apartment: 600 square feet.
§ 500-18. R-2 Multifamily Residential District.
A. Purpose. The R-2 Multifamily Residential District is intended to provide for multifamily year-round residential development in areas which are served by utilities and municipal facilities.
B. Permitted uses.
(1) Any use permitted in the R-1 District.
(2) Multifamily year-round dwellings.
(3) A garage or carport as accessory uses or signs complying with the requirements of this chapter.
C. Conditional uses.
(1) Any use authorized by conditional permit in the R-1 District.
(2) Rooming and boarding homes and motels.
D. Dimensional requirements.
(1) Building height limit: 35 feet.
(2) Required lot area:
(a) Single-family dwellings: 9,600 square feet.
(b) Two-family dwellings: 9,600 square feet per family.
(c) Multifamily (over two): 4,800 square feet per family.
(3) Minimum lot width: 80 feet.
(4) Yards required:
(a) Front yard: 25 feet.
(b) Front yard (Historic District): 10 feet.
(c) Side yards:
[1] Principal building: seven feet for gable or nine feet for eave; 20 feet total.
[2] Accessory building: same as for principal building.
(d) Rear yard: 10 feet.
(5) Minimum floor area per family:
(a) For a three-bedroom apartment: 1,000 square feet.
(b) For two-bedroom apartment: 800 square feet.
(c) For one-bedroom apartment: 600 square feet.
§ 500-19. C-1 Commercial District.
A. Purpose. The C-1 Commercial District is intended to provide for the orderly and attractive grouping, at appropriate locations, of retail stores, shops, offices, and similar commercial establishments.
B. Permitted uses. Facilities such as, but not limited to the following:
(1) Retail stores and shops offering convenience goods and services.
(2) Business and professional offices and studios.
(3) Banks and savings and loan offices.
(4) Commercial entertainment facilities.
(5) Laundromats.
(6) Restaurants.
(7) Taverns.
(8) Medical, dental and chiropractic clinics.
(9) Public and private marinas.
(10) Recreation service-oriented facilities.
(11) Hotels/Motels and tourist rooming houses, subject to Subsection E. [Amended 1-25-2006 by Ord. No. 332]
(12) Lodging and boarding houses, subject to Subsection E. [Amended 1-25-2006 by Ord. No. 332]
(13) Signs in compliance with this chapter.
(14) Horticulture and gardening.
(15) Bed-and-breakfast establishments, subject to Subsection E. [Amended 1-25-2006 by Ord. No. 332]
(16) Dwelling (single-family, two-family, or multiple-family), subject to Subsection E. [Added 1-25-2006 by Ord. No. 332]
C. Conditional uses.
(1) Public and semipublic conditional uses as stated in the R-1 District.
(2) Wholesaling establishments.
(3) Transportation terminals.
(4) Auto service stations and maintenance facilities.
(5) Miniature golf, go-karts, and amusement parks.
(6) Drive-in establishments offering in-car service to customers.
(7) Screening and fencing over four feet in height.
(8) Above and below ground telephone and power transmission towers, poles, lines, relays, repeaters, transformers and substations, above and below ground.
(9) Home occupations or professional home offices occupying less than 25% of floor space with one or fewer nonresident employee.
(10) Swimming pools.
(11) Kennels.
(12) Club meeting facilities.
(13) Semipermanent merchant.
(14) Hotels/Motels not subject to Subsection E. [Added 1-25-2006 by Ord. No. 332]
D. Dimensional requirements.
(1) Maximum building height: 35 feet.
(2) Side yard:
(a) Principal building:* none or, if provided, a minimum of 10 feet.
(b) Accessory building:* none or, if provided, a minimum of 10 feet.
(3) Front yard setback:* 15 feet.
(4) Front yard setback (Historic District):* 10 feet.
(5) Rear yard setback:* 10 feet.
(6) Minimum lot width:* 40 feet.
(7) Minimum lot length:* 20 feet.
* In the blocks in the Commercial District which are already developed, setbacks and minimum lot widths for new or renovated buildings may correspond with the existing setbacks, provided that the Plan Commission determines such action will be in keeping with the purposes of this chapter.
E. A use subject to this subsection (hereafter “the subject use”) shall comply with the following restrictions: The subject use shall not be permitted on any floor with an elevation of less than nine vertical feet above or below street level, measured from the highest street elevation adjoining that portion of the property on which the subject building is located. Up to, but not more than, 50% of any such floor may be used for purposes ancillary to the subject use, such as parking or storage, provided that such ancillary use may not be located on the 50% of the floor area nearest the street or avenue adjoining the subject building (or, if the building is on a corner, nearest the avenue adjoining the building), nor may such area be reserved for use by occupants or users of the subject use. [Added 1-25-2006 by Ord. No. 332]
§ 500-20. (Reserved) 5
§ 500-21. W-1 Conservancy District.
A. Purpose. The W-1 District is intended to preserve the natural state of undeveloped lands that, due to their topography, soil composition, or other similar factors, are not suitable for significant development because of the potential hazards to public or private property or the public welfare that would result therefrom.
B. Permitted uses.
(1) Management of forestry, wildlife and fish.
(2) Harvesting of wild crops such as marsh hay, ferns, moss, berries, fruit trees, and tree seeds.
(3) Essential services.
(4) Horticulture and gardening.
C. Conditional uses.
(1) Drainage where such activity will not be in conflict with the stated purposes of this district.
(2) Public and private parks.
(3) Dams.
(4) Grazing where such activities will not be in conflict with the stated purposes of this district.
(5) Orchards and wild crop harvestings.
(6) Telephone, telegraph and power transmission towers, poles and lines including transformers, substations, relay and repeater stations, equipment housings and other necessary appurtenant equipment and structures, above and below ground.
(7) Signs, subject to the provisions of this chapter.
(8) Screening and fencing over four feet in height.
(9) Outdoor classes.
(10) Recreational trails.
D. No use shall involve dumping or filling of mineral soil, or peat removal or any other use that would disturb the natural fauna, flora, watercourses, water regimen, or topography.
§ 500-22. FP-1 Floodplain District.
Regulations regarding development in the FP-1 Floodplain District are contained in Chapter 407, Floodplain Zoning, of the Code of the City of Bayfield.
§ 500-23. Waterfront District.
A. Purpose. The purpose of the Waterfront District is to:
(1) Establish a zoning district specifically applicable to marine commercial and recreational uses located on the City's waterfront;
(2) Provide for the review of proposed uses and new construction;
(3) Carry out the policies of the Comprehensive Plan (2001-2021);
(4) Enhance and improve the overall quality, appearance and function of the Waterfront District;
(5) Promote the harmonious relationship between harbor uses and adjacent neighborhoods;
(6) Ensure the protection of coastal resources and views; and
(7) Provide public access and maintenance of public areas.
B. Conditional uses.
(1) The following uses are subject to approval of a conditional use permit and a design permit:
(a) Commercial fish receiving facilities.
(b) Construction or alteration of landscape and parking areas.
(c) Construction or alteration of harbor facilities, including boat docks, rest rooms, trash enclosures, walkways, lighting, observation decks.
(d) Dry boat storage and launching facilities.
(e) Hoist machinery.
(f) Hotels and motels.
(g) Marine or visitor retail services, commercial uses and eating and drinking establishments.
(h) New construction or remodeling of existing structures.
(i) Sport fishing facilities.
(j) Public or quasi-public buildings or recreational, educational, cultural or public utility service nature.
(k) Beach and water accessways, public or private.
(l) Parking areas or lots.
(m) Picnic grounds and barbecue facilities, public or private, including any other structure, shelter, or building, parks.
(n) New public fishing facilities, docks and breakwalls.
(o) Fish market with or without cooked food to go.
(p) Navigation aids and devices involving the erection of a structure.
(q) Public rest room facilities.
(r) Farmer's market (those operating on a more permanent basis).
(2) Any other uses or service establishments that are determined by the Plan Commission to be of the same general nature as the foregoing uses; those that will not impair the present or potential uses of adjacent properties and are consistent with the policies of the Comprehensive Plan.
C. General regulations. The following requirements shall apply in the Waterfront District for all uses proposed except as otherwise provided in this chapter:
(1) Maximum building heights: 35 feet.
(2) Building setbacks:
(a) Side yard:
[1] Principal building:* a minimum of 10 feet.
[2] Accessory building: a minimum of 10 feet.
(b) Front yard:* 10 feet.
(c) Rear yard: 10 feet.
(3) Minimum lot width: 40 feet.
(4) Minimum lot length: 120 feet.
* In blocks in the Waterfront District which are already developed, setbacks and minimum lot widths for new or renovated buildings may correspond with the existing setbacks, provided that the Plan Commission determines such action will be in keeping with the purposes of this chapter.6
§ 500-24. Deemed dimensions for lots on original plat.
If a lot subject to the area and dimensional requirements of §§ 500-17, 500-18, and/or 500-19 (hereafter "the subject lot") consists of one or more platted lots established by the original plat of the City of Bayfield and purporting thereon to have dimensions of 40 feet by 120 feet, whose actual dimensions have been shown by a subsequent survey to be less than 40 feet by 120 feet but more than 35 feet by 115 feet, then the dimensions of platted lots shall be deemed to be 40 feet by 120 feet for purposes of determining whether the subject lot meets the applicable dimensional and area requirements.
ARTICLE IV
Planned Development Districts
[Amended 12-18-2007 by Ord. No. 339]
§ 500-25. Purpose; general description.
A. The planned development district provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of the Zoning Code and with the City's Comprehensive Plan. The planned development district has no set standards and specifications. A developer may propose uses or combinations of uses and configurations of intensity and density of development. Through a process of Plan Commission review, public hearing and Common Council review and approval, accompanied by discussions with the developer and, as appropriate, with other interested parties, an agreement may be reached between the property owner and the City. The terms of the agreement constitute the zoning requirements for the property. These requirements have the same legal force and effect as do standard zoning requirements.
B. As a general rule, the project size should be at least 96,000 square feet to achieve the community benefits of PDD zoning. Projects encompassing less than 96,000 square feet are presumptively too small, but may still be submitted and considered.
§ 500-26. Criteria for approval.
As a basis for determining the acceptability of a planned development district, the following criteria shall be applied to the general implementation plan, with specific consideration as to whether or not it is consistent with the general purpose and intent of the City's Zoning Code and Comprehensive Plan, whether it has been prepared with competent professional expertise and guidance, and whether it produces significant community benefits of an environmental design nature or otherwise that compensate for modifications in normal zoning requirements.
A. Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall:
(1) Respect the physical attributes of the site, with particular concern for preservation of natural features, tree growth and open space.
(2) Produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with development prospects for the area.
(3) Not adversely affect the anticipated provision of school or municipal services.
(4) Not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
B. Economic feasibility and impact. The proponents of a planned development district shall provide evidence satisfactory to the Plan Commission and the Common Council that the project will not adversely affect the economic prosperity of the City or the values of surrounding properties.
C. Engineering design standards. Streets and other ways, outdoor lighting, provision for stormwater drainage, sanitary sewer service, water supply, or other similar environmental and municipal engineering considerations shall be based on appropriate standards necessary to implement the specific function and the specific situation; provided, however, that in no case shall standards be less than those necessary to achieve the public health, safety and welfare as determined by the City.
D. Preservation and maintenance of open space in a planned development district. Provision shall be made for the preservation and maintenance of open spaces either by public reservation or dedication to public entities or commitment to preservation by a private entity. PDD contracts shall contain specific reference to the ownership of such open space areas and to provision for maintenance.
§ 500-27. Procedure: general implementation plan.
A. The procedure for rezoning to a planned development district shall be as required for any other zoning district change under this Code, except that in addition thereto, the following information describing a general implementation plan shall be filed by the applicant with the City's Zoning Administrator:
(1) A map of the project area, including its relationship to surrounding properties and topography and other key features.
(2) A statement of rationale as to why planned development district zoning is proposed. This shall identify barriers that the developer perceives in the form of requirements of standard zoning districts and opportunities for community betterment the developer suggests are available through the proposed planned development district zoning.
(3) Brief analysis of social and economic impacts on the community of the project, and positive relationships to the Comprehensive Plan.
(4) A general development plan of the proposed project showing at least the following information in sufficient detail to make possible evaluation against criteria for approval:
(a) Public and private roads, driveways and parking facilities.
(b) Land uses and size, arrangement and location of lots and proposed buildings or groups of buildings.
(c) The types, size and location of structures.
(d) A general utility plan.
(e) The location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use.
(f) General landscape treatment plan.
(g) Statistical data on size of the development, density/intensity of various parts of the development, ratio of various land uses, economic analysis of the development, expected staging, and any other plans or data required by the Plan Commission or Common Council.
(5) General outline of the intended organizational structure for a property owners' association, if any; deed restrictions and provisions for private provision of common services, if any.
B. Plan Commission review.
(1) Following submission of an application including all of the information required under § 500-27A and the payment of the required fee, the matter shall be placed on a Plan Commission agenda for concept review. Initial review is review of the project at the concept level and is not binding. The preferred procedure is for one or more iterations of Plan Commission initial review to occur prior to introduction of a formal petition for rezoning. The applicant may seek to accelerate review by introducing the rezoning petition prior to Plan Commission initial review. Whenever the required petition is introduced, the normal rezoning procedure occurs, including notice and hearing before the Plan Commission. The issues that are the subject of this public hearing are the rezoning request and the general implementation plan.
(2) If the Plan Commission determines more information is needed in order to adequately evaluate the application, it shall notify the applicant of the additional information required and may defer consideration of the application until such information has been provided. If the Plan Commission determines that it requires the assistance of one or more independent consultants, such as an engineer, hydrologist, soils scientist, or land use planner, in order to adequately evaluate the application, it shall notify the applicant of such determination and may require the applicant to make deposits in escrow under § 500-97G to fund the City's hiring of the consultant(s); and may defer consideration of the application until the consultant(s) has (have) been retained and provided the City with the assistance required to adequately evaluate the application.
(3) Following the required public hearing before the Plan Commission, the Plan Commission shall meet to make a determination and recommendation whether to advise the Common Council to approve the rezoning and the general implementation plan, to approve it with modifications, or deny it.
(4) The Plan Commission's reports and recommendations shall be made in a written report to the Common Council. A complete set of maps, plans and written documentation fully describing the proposed development as recommended by the Plan Commission at a general implementation plan level shall accompany the report of the Plan Commission. In a situation in which the applicant disagrees with certain recommendations of the Plan Commission and is urging the Common Council to approve with modifications, the applicant must supply documentation of those modifications to the Council prior to the matter being placed on the agenda of the Common Council.
C. Owner's consent following Common Council approval. If the Planned Development District Ordinance as adopted by the Common Council provides explicitly, the area of the PDD may be segmented. Unless segmented, the owners of record of all included parcels must consent in writing within a single thirty-day period following Common Council adoption in order for the PDD rezoning to take effect. If segmented, the written consent rule applies separately to each segment. Consent shall be binding upon future owners of the parcels in question, and such consents may not be conditioned or revocable by owners.
D. Filing; effective date. When all of the consent signatures for lands in the parcel being rezoned have been filed with the Zoning Administrator, the documentation on Plan Commission and Common Council action and on the general implementation plan and the consent signatures shall be logged in and filed by the City, and the property shall be indicated as rezoned on City zoning maps. The indication shall be PDD-GIP. The City shall record at the Bayfield County Register of Deeds Office an affidavit of notice of PDD zoning against all real property included in the district. This shall be done on the effective date of the PDD-GIP zoning. The City shall require the applicant to supply necessary property descriptions and to pay recording fees.
E. Effect of PDD-GIP zoning.
(1) The approval of a general implementation plan shall not authorize issuance of building permits. The permits may not be issued until approval by the City of the specific implementation plan pursuant to § 500-28.
(2) Rezonings to PDD on the basis of an approved general implementation plan shall revert to prior zoning if the specific implementation plan is not approved within one year from date of filing under this section. Extensions may be granted for cause by the Plan Commission. Records of extensions shall be recorded in the City file on the PDD District.
§ 500-28. Procedure: specific implementation plan.
A. Filing. After the effective date of the rezoning to PDD-GIP, the applicant may file a specific implementation plan with the Plan Commission.
(1) The specific implementation plan shall contain graphic and tabular presentations at a level of detail equivalent to the level of detail of a final plat. Accompanying text information shall describe in detail the development plans, methodologies and timetables for the area covered by the specific implementation plan.
(2) The area included in a specific implementation plan may be only a portion of the area included in a previously approved general implementation plan.
(3) The specific implementation plan submission may include site plan and design information, allowing the Plan Commission to combine design review and review of the specific implementation plan. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
(4) As part of submission for specific implementation plan approval, the applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.
(5) The Plan Commission or Common Council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the specific implementation plan, as such may be relevant to review procedures and standards.
B. Plan Commission review.
(1) When the specific implementation plan submission is deemed by the Zoning Administrator to be complete, the matter shall be placed upon the agenda of the Plan Commission for review, consideration and approval or rejection. No public hearing is required at this stage, but one or more public hearings or informational meetings may be provided optionally.
(2) The specific implementation plan submission shall be reviewed by the Plan Commission against the standards of this article, the Comprehensive Plan and the previously approved general implementation plan. In order to approve a specific implementation plan, the Plan Commission must determine that the specific implementation plan is reasonably consistent with the previously approved general implementation plan.
(3) If the Plan Commission recommends approval of a specific implementation plan, complete documentation describing the plan, and any contracts that the Plan Commission deems necessary for the implementation of the plan, shall be prepared, reviewed by the Zoning Administrator and, when found to be complete, the Zoning Administrator shall place the plan on the agenda of the Common Council.
C. Common Council review. The Common Council shall consider and act on the specific implementation plan after reviewing the recommendations of the Plan Commission on same. The Common Council shall approve a specific implementation plan that is reasonably consistent with the previously approved general implementation plan.
D. Filing and effective date. The provisions of § 500-27C and D shall apply to the processing of and consent signatures for a specific implementation plan following approval by the Common Council. Signatures are required by property owners only in the area affected by the specific implementation plan. The affidavit of zoning status need not be recorded at the SIP stage if one is duly on record from the PDD-GIP stage.
E. Effect of SIP approval; alterations. The filing of an approved specific implementation plan shall authorize issuance of building and other land use permits to carry out development activities consistent with that approved plan.
(1) Any subsequent change of use of any parcel or any modification of the specific implementation plan shall first be submitted for approval to the Plan Commission. If the Plan Commission determines that such change or modification constitutes a substantial alteration of the specific implementation plan, the specific implementation plan shall be required to be amended through the same procedures used to approve, file and record the specific implementation plan. If the Plan Commission determines that such changes or modification do not constitute a substantial alteration of the specific implementation plan, the change may be accomplished by approval of the Plan Commission. Such approved modifications shall be documented and recorded in the official file of the City on the PDD District.
(2) A specific implementation plan approval lapses one year after its effective date if substantial development progress has not occurred. The Plan Commission may grant extensions for good cause.
ARTICLE V
Conditional Uses
§ 500-29. Statement of purpose.
The development and execution of this article is based upon the division of the City into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.
§ 500-30. Authority of Plan Commission; requirements.
A. The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for either regular or limited conditional use after review and public hearing, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of a limited conditional use, the Plan Commission in its findings shall further specify the delimiting reason(s) or factors which resulted in issuing limited rather than regular conditional use. Such Plan Commission resolution, and the resulting conditional use permit, when, for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
B. Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
C. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
D. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses.
§ 500-31. Initiation of conditional use.
Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.
§ 500-32. Application for conditional use.
A. Required application materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the City. Such applications shall be forwarded to the Plan Commission on receipt by the Zoning Administrator. Such applications shall include where applicable:
(1) A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 500-35 hereinafter.
(2) Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.
(3) Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.
(4) Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.
(5) Additional information as may be required by the Plan Commission or other boards, commissions or officers of the City. The Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and ground water conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
B. Plans. In order to secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:
(1) A plan of the area showing contours, soil types, high-water mark, ground water conditions, bedrock, slope and vegetation cover.
(2) Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting.
(3) Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations.
(4) Specifications for areas of proposed filling, grading, lagooning or dredging.
(5) Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
§ 500-33. Hearing on application.
All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in § 500-32 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
§ 500-34. Notice of hearing on application.
Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under the Wisconsin Statutes in the official City newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Common Council and Plan Commission, and the owners of record as listed in the office of the City Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 14 days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
§ 500-35. Conditions for granting application.
No application for a conditional use shall be granted by the Plan Commission or granted by the Zoning Board of Appeals on appeal unless the following conditions are present:
A. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
C. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
E. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F. That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
G. That the proposed use does not violate floodplain regulations governing the site.
H. That, when applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission and Zoning Board of Appeals shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
I. That, in addition to passing upon a conditional use permit, the Plan Commission and Zoning Board of Appeals shall also evaluate the effect of the proposed use upon:
(1) The maintenance of safe and healthful conditions.
(2) The prevention and control of water pollution including sedimentation.
(3) Existing topographic and drainage features and vegetative cover on the site.
(4) The location of the site with respect to floodplains and floodways of rivers and streams.
(5) The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(6) The location of the site with respect to existing or future access roads.
(7) The need of the proposed use for a shoreland location.
(8) Its compatibility with uses on adjacent land.
(9) The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 500-36. Denial of application for conditional use permit.
When a decision of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission has used in determining that each standard was not met.
§ 500-37. Appeals.
Any action of the Plan Commission in granting or denying a conditional use permit may be appealed to the Zoning Board of Appeals, if a written request for an appeal is filed within 10 days after the date of the Plan Commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20% of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. The request shall be filed with the Zoning Administrator who shall submit it to the Zoning Board of Appeals at its next meeting, together with any documents and other data used by the Plan Commission in reaching its decision. The Zoning Board of Appeals may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon. In the event the Zoning Board of Appeals elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least 10 days before the date of the hearing. The Zoning Board of Appeals may either affirm or reverse by a two-thirds vote, in whole or in part, the action of the Plan Commission and may finally grant or deny the application for a conditional use permit.
§ 500-38. Conditions and guaranties.
The following provisions shall apply to all conditional uses:
A. Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Zoning Board of Appeals on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 500-35 above. In all cases in which conditional uses are granted, the Plan Commission and Zoning Board of Appeals shall require such evidence and guaranties as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1) Landscaping;
(2) Type of construction;
(3) Construction commencement and completion dates;
(4) Sureties;
(5) Lighting;
(6) Fencing;
(7) Operational control;
(8) Hours of operation;
(9) Traffic circulation;
(10) Deed restrictions;
(11) Access restrictions;
(12) Setbacks and yards;
(13) Type of shore cover;
(14) Specified sewage disposal and water supply systems;
(15) Planting screens;
(16) Piers and docks;
(17) Increased parking; or
(18) Any other requirements necessary to fulfill the purpose and intent of this chapter.
B. Site review. In making its decision, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use. If City reviewing officials require the assistance of outside professionals in evaluating the application (i.e., engineering, legal, etc.) the cost of such services shall be paid by the applicant.
C. Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Plan Commission.
D. Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Plan Commission may require the approval of the Architectural Review Board.7
E. Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
F. Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.
§ 500-39. Validity of conditional use permit.
Where the Plan Commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Plan Commission may extend such permit for a period of 90 days for justifiable cause, if application is made to the City at least 30 days before the expiration of said permit.
§ 500-40. Complaints regarding conditional uses.
The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this code. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 500-35 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 500-34 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 500-35 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 500-38. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-3. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in Subsections A and B of § 500-35 will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this section may be taken to the Zoning Board of Appeals.
§ 500-41. Bed-and-breakfast establishments.
A. As conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to the requirements of this article.
B. Definitions. As used in this section, the following terms shall have the meanings indicated: [Amended 10-18-2006 by Ord. No. 335; 3-20-2007 by Ord. No. 336]
BED-AND-BREAKFAST ESTABLISHMENT -- As defined in the definition of "bed-and-breakfast establishment building" in § 500-108 of this chapter.
C. Regulations.
(1) Compliance with state standards. All bed-and-breakfast establishments and licensees shall be subject to and comply with Ch. HFS 197, Wis. Adm. Code, relating to bed-and-breakfast establishments, or Ch. HFS 195, Wis. Adm. Code, relating to hotels, motels and tourist rooming houses.
(2) Registry. Each bed-and-breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a City representative for a period of not less than one year.
(3) Meals limitation. No meals may be served to unregistered guests or to the general public.
D. Permit required.
(1) City permit required. In addition to the permit required by Chs. HFS 195 or 197, Wis. Adm. Code, before opening for business every bed-and-breakfast establishment shall obtain a permit from the Zoning Administrator by application made upon a form furnished by said officer and shall obtain a conditional use permit.
(2) Application requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this article:
(a) Site plan showing location and size of buildings, parking areas and signs.
(b) Number, surfacing and size of parking stalls.
(c) Number, size and lighting of signs.
(d) Room tax permit.
(3) Display of permit. The permit issued by the Zoning Administrator shall be conspicuously displayed in the bed-and-breakfast establishment.
E. Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy. Establishments otherwise qualifying under this section regulating bed-and-breakfast establishments shall not be subject to the other requirements of this chapter with respect to traffic, parking and access.
F. On-site signs. Signage shall comply with § 500-55A.
G. Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection C above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section, or of State of Wisconsin regulations as set forth in Chs. HFS 195 or 197, Wis. Adm. Code, or as above provided.
§ 500-42. Garbage and refuse disposal sites.
A. No garbage or refuse disposal sites shall be permitted in the City of Bayfield except in conformance with the rules and regulations of Ch. NR 514, Wis. Adm. Code.
B. All such disposal sites shall have a minimum front, side and rear yards of 100 feet each.
C. Garbage and refuse disposal sites shall be screened so that the salvage materials are not visible from other property in the vicinity, nor from a public right-of-way such as roads, streets, highways and waterways.
§ 500-43. Signal receiving antennas.
A. Purpose. This section regulating the placement of signal receiving antennas is adopted to:
(1) Provide uniform regulation of all signal receiving antenna devices;
(2) Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;
(3) Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and
(4) Provide for placement of such antennas in locations that preserve access to rear property areas by fire-fighting apparatus and emergency personnel.
B. This section shall not apply to satellite antennas that are exempted from regulation pursuant to § 62.23(7)(he), Wis. Stats.8
C. Permit required. No owner shall, within the City of Bayfield, build, construct, use or place any type of signal receiving antenna until a permit shall have first been obtained from the Zoning Administrator. A conditional use permit will be required for all signal receiving antennas/satellite dishes, regardless of the method of mounting.
D. Definitions. As used in this section, the following terms shall have the meanings indicated:
OWNER -- The holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.
SIGNAL RECEIVING ANTENNA -- Any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.
E. Application. Application for a signal receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee as set by the Common Council and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.9
F. Installation standards. Signal receiving antennas installed in any zoning district within the City shall comply with the following provisions:
(1) Setbacks.
(a) Any signal receiving antenna and its mounting post shall be located a minimum of 10 feet from any property line.
(b) Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.
(c) If side yard, front yard or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.
(2) Mounting. Signal receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.
(3) Diameter. The diameter of the signal receiving antenna shall not exceed 15 feet in diameter, except for systems used to provide community antenna television services.
(4) Height.
(a) A ground-mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 18 feet in height, as measured from the ground to the highest point of the dish.
(b) A roof-mounted antenna may not exceed 15 feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
(5) Wind pressure. All signal receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 miles per hour.
(6) Electrical installations. Electrical installations in connection with signal receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes.
(7) Temporary placement. No portable or trailer-mounted signal receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the Zoning Administrator of the date when such placement shall begin and end.
(8) Advertising. No form of advertising or identification, sign or mural is allowed on the signal receiving antenna other than the customary manufacture's identification plates.
(9) Interference with broadcasting. Signal receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(10) Compliance with federal regulations. The installation and use of every signal receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
(11) Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.
G. Enforcement.
(1) It shall be unlawful to construct, use, build or locate any signal receiving antenna in violation of any provisions of this section. In the event of any violation, the Common Council or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.
(2) Any person, firm or corporation who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-3.