HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 12/10/2013
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Minutes of the
Bayfield County Board of Supervisors’ Meeting
Of December 10, 2013 – 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
The monthly meeting of the Bayfield County Board of Supervisors was called to
order by Chairman Miller at 6:00 p.m. Roll call was taken by County Clerk, Scott Fibert as
follows: Miller-present; Crandall-present; Rondeau-present; Meyers-present; Bussey-
present; Jardine-present; Maki-present; Kittleson-present; Bennett-present; Pocernich-
present; Schultz-present; Williams-present; Bichanich-present; Total: 13, 13 present, 0
absent. A quorum of board members was present. The following individuals were also
present for the meeting: Mark Abeles-Allison, County Administrator; Dawn M. Bellile,
Deputy County Clerk; Kay Cederberg, Clerk of Circuit Court; Mary Motiff, Tourism
Director; Robert Schierman, Zoning Director; Jennifer Croonborg-Murphy, Ass’t. Zoning
Administrator; Jason Bodine, Forest Administrator; Jan Victorson, Emergency Mgmt
Coord.; Scottie Sandstrom, Bayfield Co. Economic Dev.; and other Bayfield County
residents.
The Pledge of Allegiance was recited by all in attendance.
A moment of silence was held out of respect and in memory of past County Board
Supervisor and Chairman, Fred Janz.
1. Motion Regarding Minutes from the November 12, 2013 Bayfield County
Board of Supervisors’ Meeting. The Board dispensed with the reading of the minutes.
The minutes are published on the County’s website for public review. A motion was made
by Meyers/Kittleson to adopt the minutes of the November 12, 2013 Bayfield County
Board of Supervisors’ Meeting. The motion carried.
2. Public Comment:
Mary Motiff, Tourism Director, gave a brief report on what has taken place
in the Tourism Department in the last month. Motiff informed the Board that the
Bayfield County Fair will be celebrating its 120th anniversary in 2014. The Fair Committee
will be promoting the fair as such. The County’s website is presently under construction
and is hopeful to be up and running in February. We have snow and it is very exciting –
businesses are happy. Trails will open for snowmobiling and Mt. Ashwabay for skiing on
December 16th.
Allie Raven, Town of Delta, announced to the Board that she is running for
County Board Supervisor for District 8. Raven and Fred Strand are running in the same
district that is presently held by Supervisor Neil Schultz. She informed the Board that
this is her 65th year here, having lived here part time. Her background is in information
technology and communications and gave us more details. Raven is excited about this
challenge and wished her competitors well.
Fred Strand, Town of Oulu, stated he is a retired DNR officer. Our area is
a great place to live, work and play and would like to help make all of this happen. He is
excited about running for the County Board and he also wished his candidates well
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Chairman Miller asked if there was anyone in the audience for further public
comment. There was none and Miller closed public comment.
3. Bayfield County Resolution No. 2013-60, Authorizing Purchase of 40
Acres of Land in the Town of Barnes for Entry into County Forest Law. Jason Bodine,
Forest Administrator, was present to explain the particulars of the Resolution to the
Board. Bayfield County has the ability to purchase 40 acres in the Town of Barnes which
will be added to the County Forest. The land is owned by the State of Wisconsin, Bureau
of Public Lands. The County accidentally set up a timber sale for the property. The sale
has a value of $26,000.00. The State is willing to sell the property to the County for
$500.00 an acre ($20,000.00). It is adjacent to our forest blocking. The Forestry
Committee voted to approve the Resolution and to forward it to the full Board for their
hopeful approval. The Board dispensed with the reading of the Resolution, which reads as
follows:
WHEREAS, Bayfield County has lands enrolled as County Forest pursuant to s. 28.11
of the Wisconsin statutes, and
WHEREAS, as outlined in the Bayfield County Forest Comprehensive Land Use Plan
and Bayfield County Forest Annual Work Plan, the Department will continue efforts to
acquire land on a willing seller, willing buyer basis when advantageous to the long term goals
of Bayfield County, and
WHEREAS, the Forestry and Parks Committee has recommended the purchase of
40 acres of forest land, currently owned by the Board of Commissioners of Public Lands
(BCPL), located in Section 26, Township 43N., Range 9W., Township of Barnes, Bayfield
County, Wisconsin, and
WHEREAS, the price for the said 40 acre parcel is $500/acre or $20,000, and
WHEREAS, there is a current balance of $10,000 in the non-lapsing Land
Acquisition account (100-34-56121-50252) which could be used towards the purchase of
the said 40; and
WHEREAS, the remaining $10,000 could be expended from Capital Improvements
(430-34-57100-50820); and
WHEREAS, a portion of the said 40 acre parcel (approximately 31 acres) is part of
an existing timber sale previously established and sold by Bayfield County; and
WHEREAS, the timber sale recently sold for approximately $810.00/acre; and
WHEREAS, if the said 40 is purchased by Bayfield County, all timber sale revenues
realized from the existing timber sale, estimated to be approximately $25,110.00 would be
returned to the General Fund upon completion of the timber sale; and,
WHEREAS, if the said 40 is purchased by Bayfield County, it would be enrolled in
County Forest Law and made part of the Bayfield County Forest; and
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 10th day of December, 2013, authorizes the following: the
purchase of above said 40 acre parcel at $500/acre, using $10,000 from the non-lapsing
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Land Acquisition account (100-34-56121-50252) and $10,000 from Capital Improvements
(430-34-57100-50820) towards the purchase; and
BE IT FURTHER RESOLVED that the Forestry and Parks Administrator, on behalf
of the Forestry and Parks Committee, is directed to enroll the above said 40 acre parcel in
County Forest Law to be made part of the Bayfield County Forest.
By Action of the
Bayfield County Board of Supervisors
Shawn Miller,
Bayfield County Chair
A motion was made by Bichanich/Rondeau to adopt Bayfield County Resolution
No. 2013-60, Authorizing Purchase of 40 Acres of Land in the Town of Barnes for
Entry into County Forest Law. Further discussion took place regarding the swamp lands
patent. It was stated that was an issued U.S. patent was a handwritten document. Our
corporation counsel reviewed the document and felt it was legal. A roll call vote was
taken as follows: Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes;
Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes; Williams-yes;
Bichanich-yes; Miller-yes. Total: 13, 13 yes, 0 no. The motion carried.
4. Discussion and Possible Action Regarding 911 Wireless and Wireline
Agreements. Jan Victorson, Emergency Mgmt. Coord. was present to explain and
summarize the agreements to the Board. Victorson stated that Centurylink is our new 911
provider, and further explained what the agreement involves. All of the agreements have
been reviewed by John Carlson, Bayfield County’s Corp. Counsel, however Carlson would like
more time for further review. Since it takes 60 days to relinquish, Victorson is proposing
that tat we authorize the County Board Chair to sign the agreements pending a final
review by staff and Corporation Counsel. A motion was made by Bussey/Pocernich to
authorize the County Board Chair to sign the agreements pending a final review by
staff and Corporation Counsel. A roll call vote was taken as follows: Rondeau-yes;
Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes;
Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes.
Total: 13, 13 yes, 0 no. The motion carried.
5. Report of the Bayfield County Planning & Zoning Committee Regarding
the Rezone of the Joseph & Jean Feils and Todd Marla Hubbard Property Located in
the Town of Namakagon from Residential Two (R-2) to Residential-One (R-1). Zoning
Director, Robert Schierman, was present to explain to the Board that this rezone was
done prior, however it recently was noticed that there was a typographical error in the
changes “to” and “from” for the rezone. This is back on the agenda to clear this up and to
have the application read for what it was intended. The Board dispensed with the reading
of the Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions
to amend the Bayfield County Zoning Ordinance.
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The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly informed of
the facts pertinent to the following changes; hereby recommends the following action
on said petition:
The Zoning of Joseph & Jean Feils and Todd & Marla Hubbard 1.0-acre parcel (Tax ID#
24780, V. 999 P. 963 of Deeds and Deed of Record in V. 220 P.423) located in that part of
Government Lot Two (2), more particularly described as: commencing at the point where a
line drawn parallel with and 400 feet distant Westerly of the Section line between Section
Twenty (20) and Twenty-One (21) intersects the North edge of the right-of-way of
County Trunk Highway “M” (formerly known as County Trunk Highway “D”), which point is
the point of beginning; thence North on a line parallel with and 400 feet distant Westerly
of the said Section line a distance of 208 feet to a point; thence Northwesterly on a line
parallel with the right-of-way of County Highway “M” a distance of 208 feet; thence South
on a line parallel with the East line of Section 20, 208 feet to the North side of the
Highway right-of-way; thence Southeasterly along the North line of the Highway right-of-
way 208 feet to the point of beginning in Section Twenty (20), Township Forty-Three (43),
Range Six (6),Town of Namakagon be changed from Residential-Two (R-2) to Residential-
One (R-1).
The Bayfield County Planning and Zoning Committee recommendation is: Be Approved.
Date: May 16, 2013
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Shawn Miller, Dennis Pocernich, Brett Rondeau, Neil Schultz
A motion was made by Rondeau/Jardine to receive and place on file the Report
of the Planning & Zoning Committee Regarding the Rezone of the Joseph & Jean Feils
and Todd Marla Hubbard Property Located in the Town of Namakagon from
Residential Two (R-2) to Residential-One (R-1). The motion carried.
6. Bayfield County Zoning Amendatory Ordinance No. 2013-24 Regarding
the Rezone of the Joseph & Jean Feils and Todd Marla Hubbard Property Located in
the Town of Namakagon from Residential Two (R-2) to Residential-One (R-1). The
Board dispensed with the reading of the Ordinance, which reads as follows:
The Bayfield County Board of Supervisors ordains as follows:
That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same is
hereby amended as follows:
The Zoning of Joseph & Jean Feils and Todd & Marla Hubbard 1.0-acre parcel (Tax ID#
24780, V. 999 P. 963 of Deeds and Deed of Record in V. 220 P.423) located in that part of
Government Lot Two (2), more particularly described as: commencing at the point where a
line drawn parallel with and 400 feet distant Westerly of the Section line between Section
Twenty (20) and Twenty-One (21) intersects the North edge of the right-of-way of
County Trunk Highway “M” (formerly known as County Trunk Highway “D”), which point is
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the point of beginning; thence North on a line parallel with and 400 feet distant Westerly
of the said Section line a distance of 208 feet to a point; thence Northwesterly on a line
parallel with the right-of-way of County Highway “M” a distance of 208 feet; thence South
on a line parallel with the East line of Section 20, 208 feet to the North side of the
Highway right-of-way; thence Southeasterly along the North line of the Highway right-of-
way 208 feet to the point of beginning in Section Twenty (20), Township Forty-Three (43),
Range Six (6),Town of Namakagon be changed from Residential-Two (R-2) to Residential-
One (R-1).
Adopted by the Board of Supervisors of the County of Bayfield on the 10th day of
December, 2013.
By Acton of the
Bayfield County Board of Supervisors
Shawn Miller, Chair
A motion was made by Rondeau/Kittleson to adopt Bayfield County Zoning
Amendatory Ordinance 2013-24 Regarding the Rezone of the Joseph & Jean Feils and
Todd Marla Hubbard Property Located in the Town of Namakagon from Residential
Two (R-2) to Residential-One (R-1). The motion carried.
7. Report of the Bayfield County Planning & Zoning Committee Regarding
the Rezone of the Glen Harvey Property, Section 35, Township 43N, Range 8W, in
the Town of Cable, from Residential-Two (R-2) to Commercial (C). Schierman stated
that this is to add additional property he purchased from the highway to add to his
existing property. The Board dispensed with the reading of the Report, which reads as
follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions
to amend the Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly informed of
the facts pertinent to the following changes; hereby recommends the following action
on said petition:
The Zoning of Glen Harvey 0.37-acre parcel +-(part of Tax ID# 9908) located in part of
the Northeast Quarter (NE ¼) of the Northeast Quarter (NE ¼), further described as
commencing at the Northeast corner of Section 35, T43N, R8W, thence South 33’ along
the East section line of Section 35 to a point that intersects with the South edge of
Leonard School Road, this being the point of beginning; thence South 88° 34’ East for a
distance of 15.07’ along the South edge of Leonard School Road to a point that intersects
with the Westerly USH 63 right-of-way; thence Southwest along the Westerly USH 63
right-of-way, also being along a curve to the right whose radius is 5,640’, D=2.0301°, for a
distance of 199.83’ to a point that intersects with said East section line of Section 35;
thence North 01° 26’ East for a distance of 199.25’ to the point of beginning in Section
Thirty-Five (35), Township Forty-Three (43), Range Eight (8),Town of Cable be changed
from Residential-Two (R-2) to Commercial (C).
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BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Shawn Miller, Dennis Pocernich, Brett Rondeau, Neil Schultz (via telephone)
A motion was made by Bennett/Jardine to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding the Rezone of the Glen
Harvey Property, Section 35, Township 43N, Range 8W, in the Town of Cable, from
Residential-Two (R-2) to Commercial (C). The motion carried.
8. Bayfield County Zoning Amendatory Ordinance No. 2013-25 Regarding
the Rezone of the Glen Harvey Property, Section 35, Township 43N, Range 8W, in
the Town of Cable, from Residential-Two (R-2) to Commercial (C). The Board
dispensed with the reading of the Ordinance, which reads as follows:
The Bayfield County Board of Supervisors ordains as follows:
That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same is
hereby amended as follows:
The Zoning of Glen Harvey 0.37-acre parcel +-(part of Tax ID# 9908) located in part of
the Northeast Quarter (NE ¼) of the Northeast Quarter (NE ¼), further described as
commencing at the Northeast corner of Section 35, T43N, R8W, thence South 33’ along
the East section line of Section 35 to a point that intersects with the South edge of
Leonard School Road, this being the point of beginning; thence South 88° 34’ East for a
distance of 15.07’ along the South edge of Leonard School Road to a point that intersects
with the Westerly USH 63 right-of-way; thence Southwest along the Westerly USH 63
right-of-way, also being along a curve to the right whose radius is 5,640’, D=2.0301°, for a
distance of 199.83’ to a point that intersects with said East section line of Section 35;
thence North 01° 26’ East for a distance of 199.25’ to the point of beginning in Section
Thirty-Five (35), Township Forty-Three (43), Range Eight (8),Town of Cable be changed
from Residential-Two (R-2) to Commercial (C).
Adopted by the Board of Supervisors of the County of Bayfield on the 10th day of
December, 2013.
By Acton of the
Bayfield County Board of Supervisors
Shawn Miller, Chair
A motion was made by Rondeau/Jardine to adopt Bayfield County Zoning
Amendatory Ordinance No. 2013-25 Regarding the Rezone of the Glen Harvey
Property, Section 35, Township 43N, Range 8W, in the Town of Cable, from
Residential-Two (R-2) to Commercial (C). Discussion. The motion carried.
9. Report of the Bayfield County Planning & Zoning Committee Regarding
the Amendment of Section 13-1-43, Wireless Telecommunication Facilities/Mobile
Tower Siting Regulations. The Board dispensed with the reading of the Report, which
reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions
to amend the Bayfield County Zoning Ordinance.
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The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly informed of
the facts pertinent to the following changes; hereby recommends the following action
on said petition:
The Bayfield County Board of Supervisors ordains as follows:
That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same,
is hereby amended as follows:
Section 1. Section 13-1-43 [Wireless Telecommunication Facilities.] of Article C
[Nonconforming Uses and Structures and Conditional Uses; Environmental
Impact Analysis; Handicap-Disability Permits.] of Chapter 1 [Zoning] of Title
13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby
repealed.
Section 2. Section 13-1-43 [Mobile Tower Siting Regulations.] is hereby recreated to
read as follows:
Sec. 13-1-43 Mobile Tower Siting Regulations.
(a) Purpose and Intent. The purpose of this ordinance is to regulate by zoning permit
(1) the siting and construction of any new mobile service support structure and
facilities; (2) with regard to a class 1 collocation, the substantial modification of an
existing support structure and mobile service facilities; and (3) with regard to a
class 2 collocation, collocation on an existing support structure which does not
require the substantial modification of an existing support structure and mobile
service facilities.
It is intended that the County shall apply these regulations to accomplish to the
greatest degree possible the following:
(1) Minimize adverse effects of mobile service facilities and mobile service
support structures.
(2) Maintain and ensure that a non-discriminatory, competitive and broad range
of mobile services and high quality mobile service infrastructure consistent
with the Federal Telecommunications Act of 1996 and provided to serve the
community, as well as serve as an important and effective part of Bayfield
County’s police, fire, and emergency response network.
(3) Provide a process of obtaining necessary permits for mobile service facilities
and support structures while at the same time protecting the legitimate
interests of Bayfield County citizens.
(4) Encourage the use of alternative support structures, co-location of new
antennas on existing support structures, camouflaged mobile service support
structures, and construction of support structures with the ability to locate
three (3) or more providers.
Furthermore, this section is not intended to regulate residential satellite dishes or
residential television antennas that are used privately. Additionally, it is not
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intended to regulate satellite dishes/antennas whose regulation is prohibited by
Sec. 59.69(4d), or its successor sections, of the Wisconsin Statutes or as
permitted by Federal Law.
(b) Definitions.
(1) All definitions contained in s. 66.0404(1), Wisconsin Statutes are hereby
incorporated by reference.
(2) For the purpose of this section, the following terms and phrases shall be
defined as:
a. Camouflaged Mobile Service Support Structure: Any mobile service
support structure that due to design or appearance hides, obscures,
or conceals the presence of the mobile service support structure.
b. Satellite Dish: A devise incorporating a reflective surface that is
solid, open mesh, or bar configured that is shallow dish, cone, horn or
cornucopia shaped and is used to transmit and/or receive
electromagnetic signals. This definition is meant to include, but is not
limited to, what are commonly referred to as satellite earth stations,
TVROs and satellite microwave antennas.
(c) Exempt from Permitting. The following shall be exempt from the requirement to
obtain a land use permit, unless otherwise noted.
(1) The use of all receive-only television antenna and satellite dishes.
(2) Amateur Radio and/or Receive-Only Antennas. This ordinance shall not
govern the installation of any antenna that is owned and/or operated by a
federally licensed amateur radio operator and is used for amateur radio
purposes or is used exclusively for receive-only purposes.
(3) Mobile services providing public information coverage of news events of a
temporary or emergency nature.
(d) Siting and Construction of any New Mobile Service Support Structure and
Facilities and Class 1 Collocation.
(1) Application Process.
a. A land use permit is required for the siting and construction of any
new mobile service support structure and facilities and for Class 1
Collocation.
b. A written permit application must be completed by any applicant and
submitted to the Planning and Zoning Department. The application
must contain the following information:
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1. The name and business address of, and the contact individual
for, the applicant.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
4. If the application is to substantially modify an existing
support structure, a construction plan which describes the
proposed modifications to the support structure and the
equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling,
and related equipment associated with the proposed
modifications.
5. If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed
mobile service support structure and the equipment and
network components, including antennas, transmitters,
receivers, base stations, power supplies, cabling, and related
equipment to be placed on or around the new mobile service
support structure.
6. If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the
proposed location and why the applicant did not choose
collocation, including a sworn statement from an individual who
has responsibility over the placement of the mobile service
support structure attesting that collocation within the
applicant’s search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically
infeasible; or is economically burdensome to the mobile service
provider.
c. A permit application will be provided by the Planning and Zoning
Department upon request to any applicant.
(2) Completed Applications. If an applicant submits to the Planning and Zoning
Department an application for a permit to engage in an activity described in
this ordinance, which contains all of the information required under this
ordinance, the Planning and Zoning Department shall consider the application
complete. If the Planning and Zoning Department does not believe that the
application is complete, the Planning and Zoning Department shall notify the
applicant in writing, within 10 days of receiving the application, that the
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application is not complete. The written notification shall specify in detail
the required information that was incomplete. An applicant may resubmit an
application as often as necessary until it is complete.
(3) County Responsibilities. Within 90 days of its receipt of a complete
application, the Planning and Zoning Department shall complete all of the
following or the applicant may consider the application approved, except that
the applicant and the Planning and Zoning Department may agree in writing
to an extension of the 90 day period:
a. Review the application to determine whether it complies with all
applicable aspects of the county’s building code and, subject to the
limitations in this section, zoning ordinances.
b. Make a final decision whether to approve or disapprove the
application.
c. Notify the applicant, in writing, of its final decision.
d. If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
(4) Disapproval. The Planning and Zoning Department may disapprove an
application if an applicant refuses to evaluate the feasibility of collocation
within the applicant’s search ring and provide the sworn statement described
under paragraph (d)(1)b.vi.
(5) Application of Set Back/Fall Zone. If an applicant provides the Planning
and Zoning Department with an engineering certification showing that a
mobile service support structure, or an existing structure, is designed to
collapse within a smaller area than the set back or fall zone area required in
a zoning ordinance, that zoning ordinance does not apply to such a structure
unless the Planning and Zoning Department provides the applicant with
substantial evidence that the engineering certification is flawed.
(6) Fees. The fee for the permit is $3,000.
(7) Limitations. Land Use Permits for Siting and Construction of any new mobile
service support structure and facilities and land use permits for Class 1
Colocations shall only be granted provided the following conditions exist:
a. If the location of the proposed mobile service support structure or
mobile service facility is on leased land, the lease agreement does not
preclude the lessee from entering into leases on the site with other
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provider(s) and there is no other lease provision operating as a bar to
colocation of other providers.
b. The applicant has obtained Federal Communications Commission (FCC)
license numbers and registration numbers if applicable.
c. The applicant and/or agent have copies of Findings of No Significant
Impacts (FONI) statement from the Federal Communications
Commission (FCC) or Environmental Assessment or Environmental
Impact Study (EIS), if applicable.
d. The applicant and/or agent have copies of the determination of no
hazard from the Federal Aviation Administration (FAA) including any
aeronautical study determination or other findings, if applicable.
e. The applicant and/or agent have plans indicating security measures
(i.e. access, fencing, lighting, etc.).
f. For new mobile service support structures, the applicant has obtained
a report prepared by an engineer licensed by the State of Wisconsin
certifying the structural design of the tower and its ability to
accommodate additional antennas.
g. The applicant and/or agent have proof of liability coverage.
h. The applicant and/or agent have copies of an Affidavit of
Notification indicating that all operators and owners of airports
located within five (5) miles of the proposed site have been notified
via certified mail.
i. The Facility or colocation is designed to promote site sharing, such
that space is reasonably available to colocators and such that
telecommunication towers and necessary appurtenances, including but
not limited to parking areas, access road, and utilities, are shared by
site users whenever possible.
(e) Class 2 Collocation.
(1) Application Process.
a. A land use permit is required for a class 2 collocation. A class 2
collocation is a permitted use, but still requires the issuance of the
permit.
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b. A written permit application must be completed by any applicant and
submitted to the Planning and Zoning Department. The application
must contain the following information:
1. The name and business address of, and the contact individual
for, the applicant.
2. The location of the proposed or affected mobile service
support structure.
3. The location of the proposed mobile service facility.
c. A permit application will be provided by the Planning and Zoning
Department upon request to any applicant.
(2) Requirements. A class 2 collocation is subject to the same requirements for
the issuance of a land use permit to which any other type of commercial
development or land use development is subject, except that the maximum
fee for a land use permit shall be $500. See Sec. 13-1-21 of the Bayfield
County Zoning Ordinances.
(3) Completed Applications. If an applicant submits to the Planning and Zoning
Department an application for a permit to engage in an activity described in
this ordinance, which contains all of the information required under this
ordinance, the Planning and Zoning Department shall consider the application
complete. If any of the required information is not in the application, the
Planning and Zoning Department shall notify the applicant in writing, within 5
days of receiving the application, that the application is not complete. The
written notification shall specify in detail the required information that was
incomplete. An applicant may resubmit an application as often as necessary
until it is complete.
(4) County Requirements. Within 45 days of its receipt of a complete
application, the county shall complete all of the following or the applicant
may consider the application approved, except that the applicant and the
county may agree in writing to an extension of the 45 day period:
a. Make a final decision whether to approve or disapprove the
application.
b. Notify the applicant, in writing, of its final decision.
c. If the application is approved, issue the applicant the relevant permit.
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d. If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
(5) Fees. The fee for the permit is as set forth in Bayfield County Zoning
Ordinance Sec. 13-1-21, except that the maximum fee for the land use
permit shall be $500.
(f) Information Report. The purpose of the report under this subsection is to provide
the County with accurate and current information concerning the mobile service
facility owners and providers who offer or provide mobile services within the
County, or that own or operate mobile service facilities within the County, to assist
the County in enforcement of this subsection, and to assist the County in
monitoring compliance with local, state and federal laws.
(1) Information Report. All mobile service support structure owners of any new
mobile service support structure shall submit to the Zoning Department a
Telecommunications Facility Information Report (the “Report”) within forty-
five (45) days: (1) following land use approval; (2) of receipt of a written
request from the Zoning Department; and (3) of any change in occupancy of
the mobile service facility. The Report shall include the mobile service
support structure owner’s name(s), address(es), phone number(s), contact
person(s), and proof of bond as security for removal. The support structure
owner shall supply the mobile service support structure height or current
occupancy, if applicable, the number of colocation positions designated,
occupied or vacant. This information shall be submitted on the County form
provided and designated for such use, and shall become evidence of
compliance.
(g) Removal/Security for Removal.
(1) It is the express policy of Bayfield County and this ordinance that mobile
service support structures be removed once they are no longer in use and
not a functional part of providing mobile service and that it is the mobile
service support structure owner’s responsibility to remove such mobile
service support structures and restore the site to its original condition or a
condition approved by the Bayfield County Zoning Department. This
restoration shall include removal of any subsurface structure or foundation,
including concrete, used to support the mobile service support structure
down to 5 feet below the surface. After a mobile service support structure
is no longer being used for mobile service that is in operation, the mobile
service support structure owner shall have one hundred eighty (180) days to
effect removal and restoration unless weather prohibits such efforts.
Permittee shall record a document with the Bayfield County Register of
Deeds showing the existence of any subsurface structure remaining below
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grade. Such recording shall accurately set forth the location and describe
the remaining structure.
(2) Security for Removal. The owner of any mobile service support structure
other than a municipality or other unit of government shall provide to
Bayfield County, prior to the issuance of the land use permit, a performance
bond in an amount based on a written estimate of a qualified remover of said
types of structures, or Twenty Thousand Dollars ($20,000), whichever is
less, to guarantee that the mobile service support structure will be removed
when no longer in operation. Bayfield County will be named as obligee in the
bond and must approve the bonding company. The County may require an
increase in the bond amount after five (5) year intervals to reflect increases
in the Consumer Price Index, but at no point shall the bond amount exceed
Twenty Thousand Dollars ($20,000). The provider shall supply any increased
bond within a reasonable time, not exceeding sixty (60) days, after the
County’s request. A permittee may submit a letter of credit in the amount
set forth above, or, in the alternative, a permittee with several sites in the
County may submit a master bond to cover all of said sites. A master bond or
a letter of credit may, in the Committee’s discretion, be in an amount
sufficient to secure removal from one site if the master bond or letter of
credit provides for replenishing any amount used as the master bond or
letter of credit covers any other site in the County.
(h) Structural, Design and Environmental Standards.
(1) Mobile Service Support Structure, Antenna and Facilities Requirements.
All mobile service facilities and mobile service support structures, except
exempt facilities as defined in subsection (c), shall be designed to reduce
the negative impact on the surrounding environment by implementing the
measures set forth below:
a. Mobile Service support structures shall be constructed of metal or
other nonflammable material, unless specifically permitted by the
County to be otherwise.
b. Satellite dish and parabolic antennas shall be situated as close to the
ground as possible to reduce visual impact without compromising their
functions.
c. Equipment compounds shall be constructed of nonreflective materials
(visible exterior surfaces only). Equipment compounds shall be
designed to blend with existing architecture in the area or shall be
screened from sight by mature landscaping, and shall be located or
designed to minimize their visibility.
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d. Mobile service facilities, support structures and antennas shall be
designed and constructed in accordance with the State of Wisconsin
Uniform Building Code, National Electrical Code, Uniform Plumbing
Code, Uniform Mechanical Code, and Uniform Fire Code, Bayfield
County Subdivision Ordinance, Bayfield County Sanitation Ordinance,
Electronic Industries Association (EIA), American National Steel
Institute Standards (ANSI), and American National Standards
Institute (ANSI) in effect at the time of manufacture.
e. Mobile service facilities and support structures shall not interfere
with or obstruct existing or proposed public safety, fire protection
or Supervisory Controlled Automated Data Acquisition (SCADA)
operation telecommunication facilities. Any actual interference
and/or obstruction shall be corrected by the applicant at no cost to
the County.
(2) Site Development. A leased parcel intended for the location of new mobile
service facilities, mobile service support structures, and equipment
compounds shall be located so as to permit expansion for mobile service
facilities to serve all potential colocators.
(3) Vegetation protection and facility screening.
a. Except exempt facilities as defined in subsection (c), all mobile
service facilities shall be installed in a manner to as to minimize
disturbance to existing native vegetation and shall include suitable
mature landscaping to screen the facility, where necessary. For
purposes of this section, “mature landscaping” shall mean trees,
shrubs or other vegetation of a minimum initial height of five (5) feet
that will provide the appropriate level of visual screening immediately
upon installation.
b. Upon project completion, the owner(s)/operator(s) of the facility
shall be responsible for maintenance and replacement of all required
landscaping as long as a telecommunication facility is maintained on
the site.
(4) Fire prevention. All mobile service facilities shall be designed and operated
in accordance with all applicable codes regarding fire prevention.
(5) Noise and Traffic. All mobile service facilities shall be constructed and
operated in such a manner as to minimize the amount of disruption caused to
nearby properties. To that end the following measures shall be implemented
for all mobile service facilities, except exempt facilities as defined in
subsection (c):
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a. Noise producing construction activities shall take place only on
weekdays (Monday through Saturday, non-holiday) between the hours
of 6:00 a.m. and 6:00 p.m., except in times of emergency repair, and
b. Backup generators, if present, shall be operated only during power
outages and for testing and maintenance purposes.
(6) Separation Requirements. Mobile service support structures shall be
separated by a minimum of 2640 feet, except that:
a. Two (2) mobile service support structures may be permitted to be
located within 100 feet of each other subject to approval of the
Bayfield County Zoning Committee.
b. Camouflaged mobile service support structures are exempt from the
separation between mobile service support structures requirement
listed above.
(i) Compliance/Penalties.
(1) Abandonment. Any antenna, mobile service facility, or mobile service
support structure that is not operated for a continuous period of twelve (12)
months shall be considered abandoned. Upon application, the Committee may
extend the time limit to abandon once for an additional twelve-month period.
Such extension shall be based on the finding that the owner or permit
holder is actively seeking tenants for the site. After the expiration of the
time periods established above, the following shall apply:
a. The owner of such antenna, mobile service facility or mobile service
support structure shall remove said antenna, mobile service facility or
mobile service support structure, including all supporting equipment,
building(s) and foundations to the depth as otherwise herein required
within ninety (90) days of receipt of notice from the Zoning
Department notifying the owner of such abandonment. If removal to
the satisfaction of the Planning and Zoning Department does not
occur within said ninety (90) days, the Bayfield County Zoning
Administrator may order removal utilizing the established bond as
provided under subsection (g) and salvage said antenna, mobile service
facility or mobile service support structure, including all supporting
equipment and building(s). If there are two or more users of a single
mobile service support structure, then this provision shall not become
effective until all operations of the mobile service support structure
cease.
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b. The recipient of a land use permit allowing a mobile service support
structure and facility under this section, or the current owner or
operator, shall notify the Bayfield County Planning and Zoning
Department within 45 days of the date when the mobile service
facility is no longer in operation.
(3) Penalties. Any person, partnership, corporation, or other legal entity that
fails to comply with the provisions of this ordinance shall be subject to the
penalty provisions set forth in Sec. 13-1-103 of the Bayfield County Zoning
Ordinance, and, upon conviction, may pay a forfeiture of not less than $10.00
nor more than $500.00, plus the applicable surcharges, assessments, and
costs for each violation. Each day a violation exists or continues constitutes
a separate offense under this ordinance. In addition, the Planning and Zoning
Department may seek injunctive relief from a court of record to enjoin
further violations.
Dated: November 21, 2013
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Shawn Miller, Dennis M. Pocernich, Brett T. Rondeau, Neil Schultz
A motion was made by Jardine/Kittleson to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding the Amendment of
Section 13-1-43, Wireless Telecommunication Facilities/Mobile Tower Siting
Regulations. Discussion. The motion carried.
10. Bayfield County Zoning Amendatory Ordinance No. 2013-26 Regarding
the Amendment of Section 13-1-43, Wireless Telecommunication Facilities/Mobile
Tower Siting Regulations. The Board dispensed with the reading of the Ordinance, which
reads as follows:
The Bayfield County Board of Supervisors ordains as follows:
That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same, is
hereby amended as follows:
Section 1. Section 13-1-43 [Wireless Telecommunication Facilities.] of Article C
[Nonconforming Uses and Structures and Conditional Uses; Environmental
Impact Analysis; Handicap-Disability Permits.] of Chapter 1 [Zoning] of Title
13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby
repealed.
Section 2. Section 13-1-43 [Mobile Tower Siting Regulations.] is hereby recreated to
read as follows:
Sec. 13-1-43 Mobile Tower Siting Regulations.
(a) Purpose and Intent. The purpose of this ordinance is to regulate by zoning permit
(1) the siting and construction of any new mobile service support structure and
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facilities; (2) with regard to a class 1 collocation, the substantial modification of an
existing support structure and mobile service facilities; and (3) with regard to a
class 2 collocation, collocation on an existing support structure which does not
require the substantial modification of an existing support structure and mobile
service facilities.
It is intended that the County shall apply these regulations to accomplish to the
greatest degree possible the following:
(5) Minimize adverse effects of mobile service facilities and mobile service
support structures.
(6) Maintain and ensure that a non-discriminatory, competitive and broad range
of mobile services and high quality mobile service infrastructure consistent
with the Federal Telecommunications Act of 1996 and provided to serve the
community, as well as serve as an important and effective part of Bayfield
County’s police, fire, and emergency response network.
(7) Provide a process of obtaining necessary permits for mobile service facilities
and support structures while at the same time protecting the legitimate
interests of Bayfield County citizens.
(8) Encourage the use of alternative support structures, co-location of new
antennas on existing support structures, camouflaged mobile service support
structures, and construction of support structures with the ability to locate
three (3) or more providers.
Furthermore, this section is not intended to regulate residential satellite dishes or
residential television antennas that are used privately. Additionally, it is not
intended to regulate satellite dishes/antennas whose regulation is prohibited by
Sec. 59.69(4d), or its successor sections, of the Wisconsin Statutes or as
permitted by Federal Law.
(b) Definitions.
(3) All definitions contained in s. 66.0404(1), Wisconsin Statutes are hereby
incorporated by reference.
(4) For the purpose of this section, the following terms and phrases shall be
defined as:
a. Camouflaged Mobile Service Support Structure: Any mobile service
support structure that due to design or appearance hides, obscures,
or conceals the presence of the mobile service support structure.
b. Satellite Dish: A devise incorporating a reflective surface that is
solid, open mesh, or bar configured that is shallow dish, cone, horn or
cornucopia shaped and is used to transmit and/or receive
electromagnetic signals. This definition is meant to include, but is not
limited to, what are commonly referred to as satellite earth stations,
TVROs and satellite microwave antennas.
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(c) Exempt from Permitting. The following shall be exempt from the requirement to
obtain a land use permit, unless otherwise noted.
(4) The use of all receive-only television antenna and satellite dishes.
(5) Amateur Radio and/or Receive-Only Antennas. This ordinance shall not
govern the installation of any antenna that is owned and/or operated by a
federally licensed amateur radio operator and is used for amateur radio
purposes or is used exclusively for receive-only purposes.
(6) Mobile services providing public information coverage of news events of a
temporary or emergency nature.
(d) Siting and Construction of any New Mobile Service Support Structure and
Facilities and Class 1 Collocation.
(8) Application Process.
d. A land use permit is required for the siting and construction of any
new mobile service support structure and facilities and for Class 1
Collocation.
e. A written permit application must be completed by any applicant and
submitted to the Planning and Zoning Department. The application
must contain the following information:
7. The name and business address of, and the contact individual
for, the applicant.
8. The location of the proposed or affected support structure.
9. The location of the proposed mobile service facility.
10. If the application is to substantially modify an existing
support structure, a construction plan which describes the
proposed modifications to the support structure and the
equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling,
and related equipment associated with the proposed
modifications.
11. If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed
mobile service support structure and the equipment and
network components, including antennas, transmitters,
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receivers, base stations, power supplies, cabling, and related
equipment to be placed on or around the new mobile service
support structure.
12. If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the
proposed location and why the applicant did not choose
collocation, including a sworn statement from an individual who
has responsibility over the placement of the mobile service
support structure attesting that collocation within the
applicant’s search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically
infeasible; or is economically burdensome to the mobile service
provider.
f. A permit application will be provided by the Planning and Zoning
Department upon request to any applicant.
(9) Completed Applications. If an applicant submits to the Planning and Zoning
Department an application for a permit to engage in an activity described in
this ordinance, which contains all of the information required under this
ordinance, the Planning and Zoning Department shall consider the application
complete. If the Planning and Zoning Department does not believe that the
application is complete, the Planning and Zoning Department shall notify the
applicant in writing, within 10 days of receiving the application, that the
application is not complete. The written notification shall specify in detail
the required information that was incomplete. An applicant may resubmit an
application as often as necessary until it is complete.
(10) County Responsibilities. Within 90 days of its receipt of a complete
application, the Planning and Zoning Department shall complete all of the
following or the applicant may consider the application approved, except that
the applicant and the Planning and Zoning Department may agree in writing
to an extension of the 90 day period:
e. Review the application to determine whether it complies with all
applicable aspects of the county’s building code and, subject to the
limitations in this section, zoning ordinances.
f. Make a final decision whether to approve or disapprove the
application.
g. Notify the applicant, in writing, of its final decision.
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h. If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
(11) Disapproval. The Planning and Zoning Department may disapprove an
application if an applicant refuses to evaluate the feasibility of collocation
within the applicant’s search ring and provide the sworn statement described
under paragraph (d)(1)b.vi.
(12) Application of Set Back/Fall Zone. If an applicant provides the Planning
and Zoning Department with an engineering certification showing that a
mobile service support structure, or an existing structure, is designed to
collapse within a smaller area than the set back or fall zone area required in
a zoning ordinance, that zoning ordinance does not apply to such a structure
unless the Planning and Zoning Department provides the applicant with
substantial evidence that the engineering certification is flawed.
(13) Fees. The fee for the permit is $3,000.
(14) Limitations. Land Use Permits for Siting and Construction of any new mobile
service support structure and facilities and land use permits for Class 1
Colocations shall only be granted provided the following conditions exist:
a. If the location of the proposed mobile service support structure or
mobile service facility is on leased land, the lease agreement does not
preclude the lessee from entering into leases on the site with other
provider(s) and there is no other lease provision operating as a bar to
colocation of other providers.
b. The applicant has obtained Federal Communications Commission (FCC)
license numbers and registration numbers if applicable.
c. The applicant and/or agent have copies of Findings of No Significant
Impacts (FONI) statement from the Federal Communications
Commission (FCC) or Environmental Assessment or Environmental
Impact Study (EIS), if applicable.
d. The applicant and/or agent have copies of the determination of no
hazard from the Federal Aviation Administration (FAA) including any
aeronautical study determination or other findings, if applicable.
e. The applicant and/or agent have plans indicating security measures
(i.e. access, fencing, lighting, etc.).
f. For new mobile service support structures, the applicant has obtained
a report prepared by an engineer licensed by the State of Wisconsin
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certifying the structural design of the tower and its ability to
accommodate additional antennas.
g. The applicant and/or agent have proof of liability coverage.
h. The applicant and/or agent have copies of an Affidavit of
Notification indicating that all operators and owners of airports
located within five (5) miles of the proposed site have been notified
via certified mail.
i. The Facility or colocation is designed to promote site sharing, such
that space is reasonably available to colocators and such that
telecommunication towers and necessary appurtenances, including but
not limited to parking areas, access road, and utilities, are shared by
site users whenever possible.
(e) Class 2 Collocation.
(6) Application Process.
d. A land use permit is required for a class 2 collocation. A class 2
collocation is a permitted use, but still requires the issuance of the
permit.
e. A written permit application must be completed by any applicant and
submitted to the Planning and Zoning Department. The application
must contain the following information:
4. The name and business address of, and the contact individual
for, the applicant.
5. The location of the proposed or affected mobile service
support structure.
6. The location of the proposed mobile service facility.
f. A permit application will be provided by the Planning and Zoning
Department upon request to any applicant.
(7) Requirements. A class 2 collocation is subject to the same requirements for
the issuance of a land use permit to which any other type of commercial
development or land use development is subject, except that the maximum
fee for a land use permit shall be $500. See Sec. 13-1-21 of the Bayfield
County Zoning Ordinances.
513
(8) Completed Applications. If an applicant submits to the Planning and Zoning
Department an application for a permit to engage in an activity described in
this ordinance, which contains all of the information required under this
ordinance, the Planning and Zoning Department shall consider the application
complete. If any of the required information is not in the application, the
Planning and Zoning Department shall notify the applicant in writing, within 5
days of receiving the application, that the application is not complete. The
written notification shall specify in detail the required information that was
incomplete. An applicant may resubmit an application as often as necessary
until it is complete.
(9) County Requirements. Within 45 days of its receipt of a complete
application, the county shall complete all of the following or the applicant
may consider the application approved, except that the applicant and the
county may agree in writing to an extension of the 45 day period:
a. Make a final decision whether to approve or disapprove the
application.
b. Notify the applicant, in writing, of its final decision.
c. If the application is approved, issue the applicant the relevant permit.
d. If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
(10) Fees. The fee for the permit is as set forth in Bayfield County Zoning
Ordinance Sec. 13-1-21, except that the maximum fee for the land use
permit shall be $500.
(f) Information Report. The purpose of the report under this subsection is to provide
the County with accurate and current information concerning the mobile service
facility owners and providers who offer or provide mobile services within the
County, or that own or operate mobile service facilities within the County, to assist
the County in enforcement of this subsection, and to assist the County in
monitoring compliance with local, state and federal laws.
(4) Information Report. All mobile service support structure owners of any new
mobile service support structure shall submit to the Zoning Department a
Telecommunications Facility Information Report (the “Report”) within forty-
five (45) days: (1) following land use approval; (2) of receipt of a written
request from the Zoning Department; and (3) of any change in occupancy of
the mobile service facility. The Report shall include the mobile service
support structure owner’s name(s), address(es), phone number(s), contact
person(s), and proof of bond as security for removal. The support structure
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owner shall supply the mobile service support structure height or current
occupancy, if applicable, the number of colocation positions designated,
occupied or vacant. This information shall be submitted on the County form
provided and designated for such use, and shall become evidence of
compliance.
(g) Removal/Security for Removal.
(1) It is the express policy of Bayfield County and this ordinance that mobile
service support structures be removed once they are no longer in use and
not a functional part of providing mobile service and that it is the mobile
service support structure owner’s responsibility to remove such mobile
service support structures and restore the site to its original condition or a
condition approved by the Bayfield County Zoning Department. This
restoration shall include removal of any subsurface structure or foundation,
including concrete, used to support the mobile service support structure
down to 5 feet below the surface. After a mobile service support structure
is no longer being used for mobile service that is in operation, the mobile
service support structure owner shall have one hundred eighty (180) days to
effect removal and restoration unless weather prohibits such efforts.
Permittee shall record a document with the Bayfield County Register of
Deeds showing the existence of any subsurface structure remaining below
grade. Such recording shall accurately set forth the location and describe
the remaining structure.
(5) Security for Removal. The owner of any mobile service support structure
other than a municipality or other unit of government shall provide to
Bayfield County, prior to the issuance of the land use permit, a performance
bond in an amount based on a written estimate of a qualified remover of said
types of structures, or Twenty Thousand Dollars ($20,000), whichever is
less, to guarantee that the mobile service support structure will be removed
when no longer in operation. Bayfield County will be named as obligee in the
bond and must approve the bonding company. The County may require an
increase in the bond amount after five (5) year intervals to reflect increases
in the Consumer Price Index, but at no point shall the bond amount exceed
Twenty Thousand Dollars ($20,000). The provider shall supply any increased
bond within a reasonable time, not exceeding sixty (60) days, after the
County’s request. A permittee may submit a letter of credit in the amount
set forth above, or, in the alternative, a permittee with several sites in the
County may submit a master bond to cover all of said sites. A master bond or
a letter of credit may, in the Committee’s discretion, be in an amount
sufficient to secure removal from one site if the master bond or letter of
credit provides for replenishing any amount used as the master bond or
letter of credit covers any other site in the County.
515
(h) Structural, Design and Environmental Standards.
(7) Mobile Service Support Structure, Antenna and Facilities Requirements.
All mobile service facilities and mobile service support structures, except
exempt facilities as defined in subsection (c), shall be designed to reduce
the negative impact on the surrounding environment by implementing the
measures set forth below:
f. Mobile Service support structures shall be constructed of metal or
other nonflammable material, unless specifically permitted by the
County to be otherwise.
g. Satellite dish and parabolic antennas shall be situated as close to the
ground as possible to reduce visual impact without compromising their
functions.
h. Equipment compounds shall be constructed of nonreflective materials
(visible exterior surfaces only). Equipment compounds shall be
designed to blend with existing architecture in the area or shall be
screened from sight by mature landscaping, and shall be located or
designed to minimize their visibility.
i. Mobile service facilities, support structures and antennas shall be
designed and constructed in accordance with the State of Wisconsin
Uniform Building Code, National Electrical Code, Uniform Plumbing
Code, Uniform Mechanical Code, and Uniform Fire Code, Bayfield
County Subdivision Ordinance, Bayfield County Sanitation Ordinance,
Electronic Industries Association (EIA), American National Steel
Institute Standards (ANSI), and American National Standards
Institute (ANSI) in effect at the time of manufacture.
j. Mobile service facilities and support structures shall not interfere
with or obstruct existing or proposed public safety, fire protection
or Supervisory Controlled Automated Data Acquisition (SCADA)
operation telecommunication facilities. Any actual interference
and/or obstruction shall be corrected by the applicant at no cost to
the County.
(8) Site Development. A leased parcel intended for the location of new mobile
service facilities, mobile service support structures, and equipment
compounds shall be located so as to permit expansion for mobile service
facilities to serve all potential colocators.
(9) Vegetation protection and facility screening.
516
a. Except exempt facilities as defined in subsection (c), all mobile
service facilities shall be installed in a manner to as to minimize
disturbance to existing native vegetation and shall include suitable
mature landscaping to screen the facility, where necessary. For
purposes of this section, “mature landscaping” shall mean trees,
shrubs or other vegetation of a minimum initial height of five (5) feet
that will provide the appropriate level of visual screening immediately
upon installation.
b. Upon project completion, the owner(s)/operator(s) of the facility
shall be responsible for maintenance and replacement of all required
landscaping as long as a telecommunication facility is maintained on
the site.
(10) Fire prevention. All mobile service facilities shall be designed and operated
in accordance with all applicable codes regarding fire prevention.
(11) Noise and Traffic. All mobile service facilities shall be constructed and
operated in such a manner as to minimize the amount of disruption caused to
nearby properties. To that end the following measures shall be implemented
for all mobile service facilities, except exempt facilities as defined in
subsection (c):
a. Noise producing construction activities shall take place only on
weekdays (Monday through Saturday, non-holiday) between the hours
of 6:00 a.m. and 6:00 p.m., except in times of emergency repair, and
b. Backup generators, if present, shall be operated only during power
outages and for testing and maintenance purposes.
(12) Separation Requirements. Mobile service support structures shall be
separated by a minimum of 2640 feet, except that:
a. Two (2) mobile service support structures may be permitted to be
located within 100 feet of each other subject to approval of the
Bayfield County Zoning Committee.
b. Camouflaged mobile service support structures are exempt from the
separation between mobile service support structures requirement
listed above.
(ii) Compliance/Penalties.
(1) Abandonment. Any antenna, mobile service facility, or mobile service
support structure that is not operated for a continuous period of twelve (12)
517
months shall be considered abandoned. Upon application, the Committee may
extend the time limit to abandon once for an additional twelve-month period.
Such extension shall be based on the finding that the owner or permit
holder is actively seeking tenants for the site. After the expiration of the
time periods established above, the following shall apply:
c. The owner of such antenna, mobile service facility or mobile service
support structure shall remove said antenna, mobile service facility or
mobile service support structure, including all supporting equipment,
building(s) and foundations to the depth as otherwise herein required
within ninety (90) days of receipt of notice from the Zoning
Department notifying the owner of such abandonment. If removal to
the satisfaction of the Planning and Zoning Department does not
occur within said ninety (90) days, the Bayfield County Zoning
Administrator may order removal utilizing the established bond as
provided under subsection (g) and salvage said antenna, mobile service
facility or mobile service support structure, including all supporting
equipment and building(s). If there are two or more users of a single
mobile service support structure, then this provision shall not become
effective until all operations of the mobile service support structure
cease.
d. The recipient of a land use permit allowing a mobile service support
structure and facility under this section, or the current owner or
operator, shall notify the Bayfield County Planning and Zoning
Department within 45 days of the date when the mobile service
facility is no longer in operation.
(6) Penalties. Any person, partnership, corporation, or other legal entity that
fails to comply with the provisions of this ordinance shall be subject to the
penalty provisions set forth in Sec. 13-1-103 of the Bayfield County Zoning
Ordinance, and, upon conviction, may pay a forfeiture of not less than $10.00
nor more than $500.00, plus the applicable surcharges, assessments, and
costs for each violation. Each day a violation exists or continues constitutes
a separate offense under this ordinance. In addition, the Planning and Zoning
Department may seek injunctive relief from a court of record to enjoin
further violations.
Section 3. Except as specifically modified and amended by this ordinance, the Bayfield
County Code of Ordinance shall remain in force and effect exactly as
originally adopted and previously amended. All ordinances or parts of
ordinances inconsistent with or in contravention of the provisions of this
ordinance are hereby repealed.
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Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the
remainder of this ordinance shall not be affected thereby.
Section 5. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
By Action of the
Bayfield County Board of Supervisors
Shawn Miller, Chairman
A motion was made by Rondeau/Bennett to adopt Bayfield County Zoning
Amendatory Ordinance No. 2013-26 Regarding the Amendment of Section 13-1-43,
Wireless Telecommunication Facilities/Mobile Tower Siting Regulations. Discussion took
place regarding footage fees and regulations over 200 feet. The motion carried.
11. Report of the Bayfield County Planning & Zoning Committee Regarding
Amendments to Sections of the Bayfield County Code of Ordinances, Specifically: 13-
1-4, 41A, 62, 82, 84, 85, 87, 106; 13-2-11; 14-1-20, 40; and 16-1-8 of the
Bayfield County Code of Ordinances; Committee Regarding Amendments to Sections of
the Bayfield County Code of Ordinances, Specifically: 13-1-4, 41A, 62, 82, 84, 85,
87, 106; 13-2-11; 14-1-20, 40; and 16-1-8 of the Bayfield County Code of
Ordinances; Committee Regarding Amendments to Sections of the Bayfield County
Code of Ordinances, Specifically: 13-1-4, 41A, 62, 82, 84, 85, 87, 106; 13-2-11;
14-1-20, 40; and 16-1-8 of the Bayfield County Code of Ordinances. The Board
dispensed with the reading of the Report, which reads as follows:
TO: The County Board of Supervisors of Bayfield County on the hearing of petitions
to amend the Bayfield County Zoning Ordinance.
The Planning and Zoning Committee of the Bayfield County Board of Supervisors,
having held a public hearing pursuant to Section 59.69(5)(e), Wisconsin Statutes;
notice thereof having been given as provided by law; and having been duly informed of
the facts pertinent to the following changes; hereby recommends the following action
on said petition:
Section 1. Subsection (a)(2m) of Section 13-1-4 [Definitions] of Article A [General
Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances],
Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted
by the double underline feature (additions):
(2m) Banquet Hall / Event Center. A facility rented out for private events
whether family, group or corporate in nature, where access by the general
public is restricted. Banquet halls may allow live entertainment and dancing;
however, such live entertainment or dancing shall not be the primary use of
the facility. Alcoholic beverages may be served subject to state law
519
requirements. Such events shall not include live entertainment or activities
similar to those of a night club, concert hall or dance club as the primary
activity.
Section 2. Subsection (b)(1) of Section 13-1-40 [Conditional Uses] and Subsection (b)(2)
of Section 13-1-41A [Special Uses] of Article C [Nonconforming Uses and Structures;
Special and Conditional Uses; Environmental Impact Analysis; Handi-cap-Disability Permits]
of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin is hereby amended to read as follows, with additions highlighted by the
double underline feature (additions):
(1) Notice of Application. Upon receipt of an application for a conditional use
permit, the Planning and Zoning Department shall give written notice thereof
to all adjoining landowners and owners of land within 300 feet of the
proposed use (whose names and addresses shall be included in the
application) and the town clerk of the town in which the property is located,
and the town clerk of any other town within 300 feet of the proposed use,
and shall request the town board’s recommendation with respect to the
application on a form provided by the Planning and Zoning Department for
that purpose. Such notice shall be sent by first class mail at least seven (7)
days prior to a regularly scheduled town board meeting to be held prior to
the Planning and Zoning Committee hearing and/or meeting at which the
application is to be considered, Adjoining landowners, and owners of land
within 300 feet of the proposed use, or any citizen shall be given a deadline
of noon of the day prior to the next regularly scheduled Planning and Zoning
Committee Meeting to respond thereto. The Town shall be given a deadline
of noon of the day of the next regularly scheduled Planning and Zoning
Committee Meeting following such town board meeting to respond thereto.
For good cause shown, the Planning and Zoning Committee may grant the
town additional time to respond.
(2) Class B Special Use Applications. Upon receipt of an application for a
Class B special use permit, the Planning and Zoning Department shall give
written notice thereof to all adjoining landowners (whose names and
addresses shall be included in the application) and the town clerk of the
town in which the property is located, and shall request the town board’s
recommendation with respect to the application on a form provided by the
Planning and Zoning Department for that purpose. Such notice shall be sent
by first class mail at least seven (7) days prior to a regularly scheduled town
board meeting to be held prior to the Planning and Zoning Committee hearing
and/or meeting at which the application is to be considered. Adjoining
landowners, owners of land within 300 feet of the proposed use, or any
citizens shall be given a deadline of noon of the day prior to the next
regularly scheduled Planning and Zoning Committee Meeting to respond
thereto. and The Town shall be given a deadline of noon of the day of the
520
next regularly scheduled Planning and Zoning Committee Meeting following
such town board meeting to respond thereto. For good cause shown, the
Planning and Zoning Committee may grant the town additional time to
respond.
Section 3. The table listed under Section 13-1-62(a) [Classification of Uses] of Article D
[Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of
Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows with
additions highlighted by the double underline feature (additions):
Sec. 13-1-62 Classification of Uses
PERMISSIBLE USES R-4
R-3
R-1
R-2 R-RB C I M A-
1
A-
2 F-1 F-
2 W
Banquet Hall / Event Center C P P C C
Section 4. Subsection (a)(3) [Multi-tenant signage] of Section 13-1-82 [Number and Size
of Permitted Signs] of Article E [Signs], Chapter 1 [Zoning Code] or Title 13 [Zoning of
the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows,
with additions highlighted by the double underline feature (additions):
(3) Multi-tenant signage. Each business park or parcel with a structure
designed for multi-tenants shall be permitted to erect one (1) multi-tenant
sign not to exceed 14 feet in height and include a maximum of one (1) panel
for each business with an area that is not to exceed 16 square feet. Each
panel included in the multi-tenant sign shall count as one 50 square foot on-
premise sign as calculated in this section.
Section 5. Subsection (h) of Section 13-1-84 [Exempt Signs] of Article E [Signs], Chapter
1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin
is hereby created to read as follows, with additions highlighted by the double underline
feature (additions):
(h) On-premise signs mounted flush with the building (principle or accessory)
that are below the roof line and do not protrude more than one foot from
the building to which it is attached.
Section 6. Section 13-1-85 [Sign Permits] of Article E [Signs], Chapter 1 [Zoning Code] or
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby
amended to read as follows, with additions highlighted by the double underline feature
(additions) and deletions highlighted by the strike out features (deletions):
521
No Class A on-premise; Class B off-premise; or roof top signs shall be erected, relocated,
or structurally altered unless a land use permit has first been issued therefor pursuant to
Section 13-1-21(b).
Section 7. Subsection (e) of Section 13-1-87 [General Sign Requirements] of Article E
[Signs], Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin is hereby created to read as follows; and subsequent numbering be
renumbered, with additions highlighted by the double underline feature (additions) and
deletions highlighted by the strike out features (deletions)
(e) Signs along State or Federal highways shall not be closer than three (3) feet
to a property line or right-of-way line, and, except as provided in Sec. 13-1-
82(a)(3) and Sec. 13-1-86(b), shall not extend more than twenty (20) feet
high above the ground level, except that a sign fastened to a building may be
higher so long as it is not higher than the highest part of that building’s
roof.
(e) (f) All signs are structures for purposes of location at the required setback
from navigable waters.
(f) (g) No business on-or off-premise sign shall be intended, designed, or erected
to be visible by those boating or swimming on navigable waters, except that
no more than two (2) unlighted signs of less than ten (10) square feet may be
erected on the site of a riparian business to advertise the name and services
of that business.
(g) (h) All signs, sign faces, and sign supports shall be maintained in a safe and good
state of appearance and repair as determined by the Zoning Committee.
Section 8. Section 13-1-106 [Powers of Duties] of Article F [Administration and
Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances],
Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted
by the double underline feature (additions):
Sec. 13-1-106 Powers and Duties.
In the administration of the zoning code, the Planning and Zoning Director or his or her
designee shall have the following powers and duties:
(a) To assure full and complete compliance with the zoning code and related Wisconsin
Statutes and the Administrative Code.
(b) Advise applicants concerning the provisions of the zoning code and assist them in
preparing permit applications.
522
(c) Review applications submitted to the office for issuance.
(d) Have access to any premises for the purpose of performing official duties between
8 a.m. and 8 p.m. or at other times set by mutual agreement between the property
owner or his agent and the Planning and Zoning Department or upon issuance of a
special inspection warrant in accordance with §66.122, Wisconsin Statutes.
Application for a permit is considered for the purposes of the zoning code as the
owner's consent to enter the premises.
(e) Issue permits and inspect properties for compliance with the zoning code and
related Wisconsin Statutes and the Administrative Code.
(f) Withhold permit(s) or approval(s) pursuant to the zoning code where the applicant,
owner or licensed contractor is in violation of this or any codes administered by the
County and for any parcel(s) of land which have an outstanding violation until the
violation(s) have been corrected. A request for waiver of these provisions may be
made, to grant or deny a permit or approval on the merits of the application, to the
Corporation Counsel and the Planning and Zoning Committee.
(g) Keep records of all permits issued, inspections made, work approved, and other
official actions.
(h) Upon reasonable cause or question as to proper compliance, revoke or suspend any
permit and issue cease and desist orders requiring the cessation of any
construction, alteration or use of a building which is in violation of the provisions of
the zoning code, until compliance with the zoning code or applicable Wisconsin
Statutes and the Administrative Code is obtained.
(i) Issue and enforce orders to property owners, their agents or contractors or the
responsible party, to assure proper compliance with all provisions of the zoning code
or delegate this authority to the County Health Department.
(j) Report violations of the zoning ordinance to the Corporation Counsel.
(k) Perform other duties regarding zoning codes as considered appropriate by the
County or the State.
Section 9. Subparagraph (e) of Subheading (2) [Official Analysis] of Subsection (b)
[Official Maps] of Section (13-2-11) [District Boundaries] of Article B [General Provisions]
of Chapter 2 [Floodplain Zoning] of Title 13 [Zoning Code] of the Code of Ordinances,
Bayfield County, Wisconsin is hereby amended to read as follows, with additions
highlighted by the double underline feature (additions) and deletions highlighted by the
strike out feature (deletions):
523
e. (Middle Eau Claire Lakes Dam Failure Analysis), approved by the DNR (June
21, 2013), done by AECOM Engineering.
e. f. Floodplain Study Appendix: All DNR and FEMA approved floodplain maps,
flood profiles, floodway data tables, regional or base flood elevations and
other information located in the appendix in Article K of this ordinance. The
community shall provide the most up to date appendix to the DNR and FEMA
regional offices.
Section 10. Section 14-1-20 [Administration] of Article B [General Provisions] of Chapter
1 [Zoning Code] or Title 14 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin
is hereby amended to read as follows, with additions highlighted by the double underline
feature (additions):
Sec. 14-1-20 Administration.
The administration and enforcement of this Chapter shall reside with the Planning and
Zoning Department of the Bayfield County Board of Supervisors and its duly authorized
staff, who shall have all of the powers and duties as set forth in Section 13-1-106.
Section 11. Subparagraph (b) of Section 14-1-40 [Survey Requirements] of Article C
[Survey and Recording Requirements] of Chapter 1 [Subdivision Control
Code] or Title 14 [Zoning of the Code of Ordinances], Bayfield County,
Wisconsin is hereby amended to read as follows, with additions highlighted
by the double underline feature (additions) and deletions highlighted by the
strike out feature (deletions):
(b) A certified survey map shall be prepared and recorded for all land divisions
resulting in the creation of 1, 2, 3, or 4 lots of less than five (5) acres, or of
less than nineteen (19) acres on a parcel of land which has frontage on
navigable waters. if any part thereof is located within shorelands (as defined
in Section 13-1-4 (60).
Section 12. Section 16-1-8 [Administration] of Article A [General] of Chapter 1 [Zoning
Code] or Title 16 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby
amended to read as follows, with additions highlighted by the double underline feature
(additions):
Sec. 16-1-8 Administration.
524
The provisions of this chapter shall be administered by the Bayfield County Planning and
Zoning director or his or her designee and the Zoning Director or his or her designee shall
have all of the powers and duties as set forth in Section 13-1-106.
Date: November 21, 2013
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
Kenneth Jardine, Shawn Miller, Dennis M. Pocernich, Brett T. Rondeau, Neil Schultz
A motion was made by Rondeau/Kittleson to receive and place on file the
report of the Bayfield County Planning & Zoning Committee Regarding Amendments to
Sections of the Bayfield County Code of Ordinances, Specifically: 13-1-4, 41A, 62,
82, 84, 85, 87, 106; 13-2-11; 14-1-20, 40; and 16-1-8 of the Bayfield County
Code of Ordinances; Committee Regarding Amendments to Sections of the Bayfield
County Code of Ordinances, Specifically: 13-1-4, 41A, 62, 82, 84, 85, 87, 106;
13-2-11; 14-1-20, 40; and 16-1-8 of the Bayfield County Code of Ordinances;
Committee Regarding Amendments to Sections of the Bayfield County Code of
Ordinances, Specifically: 13-1-4, 41A, 62, 82, 84, 85, 87, 106; 13-2-11; 14-1-
20, 40; and 16-1-8 of the Bayfield County Code of Ordinances. The motion carried.
12. Bayfield County Zoning Amendatory Ordinance No. 2013-27 Regarding
Amendments to Sections of the Bayfield County Code of Ordinances, Specifically: 13-
1-4, 41A, 62, 82, 84, 85, 87, 106; 13-2-11; 14-1-20, 40; and 16-1-8 of the
Bayfield County Code of Ordinances. The Board dispensed with the reading of the
Ordinance, which reads as follows:
The Bayfield County Board of Supervisors ordains as follows:
That the Bayfield County Zoning Ordinance, adopted June 1, 1976, be and the same is
hereby amended as follows:
Section 1. Subsection (a)(2m) of Section 13-1-4 [Definitions] of Article A [General
Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances],
Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted
by the double underline feature (additions):
(2m) Banquet Hall / Event Center. A facility rented out for private events
whether family, group or corporate in nature, where access by the general
public is restricted. Banquet halls may allow live entertainment and dancing;
however, such live entertainment or dancing shall not be the primary use of
the facility. Alcoholic beverages may be served subject to state law
requirements. Such events shall not include live entertainment or activities
similar to those of a night club, concert hall or dance club as the primary
activity.
Section 2. Subsection (b)(1) of Section 13-1-40 [Conditional Uses] and Subsection (b)(2)
of Section 13-1-41A [Special Uses] of Article C [Nonconforming Uses and Structures;
Special and Conditional Uses; Environmental Impact Analysis; Handi-cap-Disability Permits]
525
of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin is hereby amended to read as follows, with additions highlighted by the
double underline feature (additions):
(1) Notice of Application. Upon receipt of an application for a conditional use
permit, the Planning and Zoning Department shall give written notice thereof
to all adjoining landowners and owners of land within 300 feet of the
proposed use (whose names and addresses shall be included in the
application) and the town clerk of the town in which the property is located,
and the town clerk of any other town within 300 feet of the proposed use,
and shall request the town board’s recommendation with respect to the
application on a form provided by the Planning and Zoning Department for
that purpose. Such notice shall be sent by first class mail at least seven (7)
days prior to a regularly scheduled town board meeting to be held prior to
the Planning and Zoning Committee hearing and/or meeting at which the
application is to be considered, Adjoining landowners, and owners of land
within 300 feet of the proposed use, or any citizen shall be given a deadline
of noon of the day prior to the next regularly scheduled Planning and Zoning
Committee Meeting to respond thereto. The Town shall be given a deadline
of noon of the day of the next regularly scheduled Planning and Zoning
Committee Meeting following such town board meeting to respond thereto.
For good cause shown, the Planning and Zoning Committee may grant the
town additional time to respond.
(2) Class B Special Use Applications. Upon receipt of an application for a
Class B special use permit, the Planning and Zoning Department shall give
written notice thereof to all adjoining landowners (whose names and
addresses shall be included in the application) and the town clerk of the
town in which the property is located, and shall request the town board’s
recommendation with respect to the application on a form provided by the
Planning and Zoning Department for that purpose. Such notice shall be sent
by first class mail at least seven (7) days prior to a regularly scheduled town
board meeting to be held prior to the Planning and Zoning Committee hearing
and/or meeting at which the application is to be considered. Adjoining
landowners, owners of land within 300 feet of the proposed use, or any
citizens shall be given a deadline of noon of the day prior to the next
regularly scheduled Planning and Zoning Committee Meeting to respond
thereto. and The Town shall be given a deadline of noon of the day of the
next regularly scheduled Planning and Zoning Committee Meeting following
such town board meeting to respond thereto. For good cause shown, the
Planning and Zoning Committee may grant the town additional time to
respond.
Section 3. The table listed under Section 13-1-62(a) [Classification of Uses] of Article D
[Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of
526
Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows with
additions highlighted by the double underline feature (additions):
Sec. 13-1-62 Classification of Uses
PERMISSIBLE USES R-4
R-3
R-1
R-2 R-RB C I M A-
1
A-
2 F-1 F-
2 W
Banquet Hall / Event Center C P P C C
Section 4. Subsection (a)(3) [Multi-tenant signage] of Section 13-1-82 [Number and Size
of Permitted Signs] of Article E [Signs], Chapter 1 [Zoning Code] or Title 13 [Zoning of
the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows,
with additions highlighted by the double underline feature (additions):
(3) Multi-tenant signage. Each business park or parcel with a structure
designed for multi-tenants shall be permitted to erect one (1) multi-tenant
sign not to exceed 14 feet in height and include a maximum of one (1) panel
for each business with an area that is not to exceed 16 square feet. Each
panel included in the multi-tenant sign shall count as one 50 square foot on-
premise sign as calculated in this section.
Section 5. Subsection (h) of Section 13-1-84 [Exempt Signs] of Article E [Signs], Chapter
1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin
is hereby created to read as follows, with additions highlighted by the double underline
feature (additions):
(h) On-premise signs mounted flush with the building (principle or accessory)
that are below the roof line and do not protrude more than one foot from
the building to which it is attached.
Section 6. Section 13-1-85 [Sign Permits] of Article E [Signs], Chapter 1 [Zoning Code] or
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby
amended to read as follows, with additions highlighted by the double underline feature
(additions) and deletions highlighted by the strike out features (deletions):
No Class A on-premise; Class B off-premise; or roof top signs shall be erected, relocated,
or structurally altered unless a land use permit has first been issued therefor pursuant to
Section 13-1-21(b).
Section 7. Subsection (e) of Section 13-1-87 [General Sign Requirements] of Article E
[Signs], Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin is hereby created to read as follows; and subsequent numbering be
renumbered, with additions highlighted by the double underline feature (additions) and
deletions highlighted by the strike out features (deletions)
(e) Signs along State or Federal highways shall not be closer than three (3) feet
527
to a property line or right-of-way line, and, except as provided in Sec. 13-1-
82(a)(3) and Sec. 13-1-86(b), shall not extend more than twenty (20) feet
high above the ground level, except that a sign fastened to a building may be
higher so long as it is not higher than the highest part of that building’s
roof.
(e) (f) All signs are structures for purposes of location at the required setback
from navigable waters.
(f) (g) No business on-or off-premise sign shall be intended, designed, or erected
to be visible by those boating or swimming on navigable waters, except that
no more than two (2) unlighted signs of less than ten (10) square feet may be
erected on the site of a riparian business to advertise the name and services
of that business.
(g) (h) All signs, sign faces, and sign supports shall be maintained in a safe and good
state of appearance and repair as determined by the Zoning Committee.
Section 8. Section 13-1-106 [Powers of Duties] of Article F [Administration and
Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances],
Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted
by the double underline feature (additions):
Sec. 13-1-106 Powers and Duties.
In the administration of the zoning code, the Planning and Zoning Director or his or her
designee shall have the following powers and duties:
(l) To assure full and complete compliance with the zoning code and related Wisconsin
Statutes and the Administrative Code.
(m) Advise applicants concerning the provisions of the zoning code and assist them in
preparing permit applications.
(n) Review applications submitted to the office for issuance.
(o) Have access to any premises for the purpose of performing official duties between
8 a.m. and 8 p.m. or at other times set by mutual agreement between the property
owner or his agent and the Planning and Zoning Department or upon issuance of a
special inspection warrant in accordance with §66.122, Wisconsin Statutes.
Application for a permit is considered for the purposes of the zoning code as the
owner's consent to enter the premises.
(p) Issue permits and inspect properties for compliance with the zoning code and
related Wisconsin Statutes and the Administrative Code.
(q) Withhold permit(s) or approval(s) pursuant to the zoning code where the applicant,
owner or licensed contractor is in violation of this or any codes administered by the
County and for any parcel(s) of land which have an outstanding violation until the
violation(s) have been corrected. A request for waiver of these provisions may be
made, to grant or deny a permit or approval on the merits of the application, to the
Corporation Counsel and the Planning and Zoning Committee.
528
(r) Keep records of all permits issued, inspections made, work approved, and other
official actions.
(s) Upon reasonable cause or question as to proper compliance, revoke or suspend any
permit and issue cease and desist orders requiring the cessation of any
construction, alteration or use of a building which is in violation of the provisions of
the zoning code, until compliance with the zoning code or applicable Wisconsin
Statutes and the Administrative Code is obtained.
(t) Issue and enforce orders to property owners, their agents or contractors or the
responsible party, to assure proper compliance with all provisions of the zoning code
or delegate this authority to the County Health Department.
(u) Report violations of the zoning ordinance to the Corporation Counsel.
(v) Perform other duties regarding zoning codes as considered appropriate by the
County or the State.
Section 9. Subparagraph (e) of Subheading (2) [Official Analysis] of Subsection (b)
[Official Maps] of Section (13-2-11) [District Boundaries] of Article B [General Provisions]
of Chapter 2 [Floodplain Zoning] of Title 13 [Zoning Code] of the Code of Ordinances,
Bayfield County, Wisconsin is hereby amended to read as follows, with additions
highlighted by the double underline feature (additions) and deletions highlighted by the
strike out feature (deletions):
e. (Middle Eau Claire Lakes Dam Failure Analysis), approved by the DNR (June
21, 2013), done by AECOM Engineering.
e. f. Floodplain Study Appendix: All DNR and FEMA approved floodplain maps,
flood profiles, floodway data tables, regional or base flood elevations and
other information located in the appendix in Article K of this ordinance. The
community shall provide the most up to date appendix to the DNR and FEMA
regional offices.
Section 10. Section 14-1-20 [Administration] of Article B [General Provisions] of Chapter
1 [Zoning Code] or Title 14 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin
is hereby amended to read as follows, with additions highlighted by the double underline
feature (additions):
Sec. 14-1-20 Administration.
The administration and enforcement of this Chapter shall reside with the Planning and
Zoning Department of the Bayfield County Board of Supervisors and its duly authorized
staff, who shall have all of the powers and duties as set forth in Section 13-1-106.
Section 11. Subparagraph (b) of Section 14-1-40 [Survey Requirements] of Article C
[Survey and Recording Requirements] of Chapter 1 [Subdivision Control
Code] or Title 14 [Zoning of the Code of Ordinances], Bayfield County,
Wisconsin is hereby amended to read as follows, with additions highlighted
529
by the double underline feature (additions) and deletions highlighted by the
strike out feature (deletions):
(b) A certified survey map shall be prepared and recorded for all land divisions
resulting in the creation of 1, 2, 3, or 4 lots of less than five (5) acres, or of
less than nineteen (19) acres on a parcel of land which has frontage on
navigable waters. if any part thereof is located within shorelands (as defined
in Section 13-1-4 (60).
Section 12. Section 16-1-8 [Administration] of Article A [General] of Chapter 1 [Zoning
Code] or Title 16 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby
amended to read as follows, with additions highlighted by the double underline feature
(additions):
Sec. 16-1-8 Administration.
The provisions of this chapter shall be administered by the Bayfield County Planning and
Zoning director or his or her designee and the Zoning Director or his or her designee shall
have all of the powers and duties as set forth in Section 13-1-106.
Section 13. Except as specifically modified and amended by this ordinance, the Bayfield
County Code of Ordinance shall remain in force and effect exactly as
originally adopted and previously amended. All ordinances or parts of
ordinances inconsistent with or in contravention of the provisions of this
ordinance are hereby repealed.
Section 14. SEVERABILITY. If a court of competent jurisdiction adjudges any section,
clause, provision, or portion of this ordinance unconstitutional or invalid, the
remainder of this ordinance shall not be affected thereby.
Section 15. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
By action of the
Bayfield County Board of Supervisors
Shawn Miller, Chair
A motion was made by Rondeau/Jardine to adopt Bayfield County Zoning
Amendatory Ordinance No. 2013-27 Regarding Amendments to Sections of the
Bayfield County Code of Ordinances, Specifically: 13-1-4, 41A, 62, 82, 84, 85, 87,
106; 13-2-11; 14-1-20, 40; and 16-1-8 of the Bayfield County Code of
Ordinances. Discussion took place regarding private parties and events which could
potentially create problems.
A motion was made by Schultz/Pocernich to amend the original motion to send
Amendatory Ordinance 2013-27 back to the Planning & Zoning Committee for further
discussion and investigation on 13-1-14. Schierman gave an explanation as to why this
even came up. It doesn’t argent family events. It is primarily for someone who has for
instance, a barn that they would like to restore into a dance hall. It would then be used
for something other than a barn.
530
A roll call vote was taken on the amendment to the original motion to send
Amendatory Ordinance 2013-27 back to the Planning & Zoning Committee for further
discussion and investigation: Rondeau-no; Meyers-no; Bussey-no; Jardine-no; Maki-
yes; Kittleson-no; Bennett-no; Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-
yes; Miller-no; Crandall-no. Total: 13, 5 yes, 8 no. The motion failed.
A roll call vote was taken on the original motion to adopt Bayfield County
Zoning Amendatory Ordinance No. 2013-27 Regarding Amendments to Sections of the
Bayfield County Code of Ordinances, Specifically: 13-1-4, 41A, 62, 82, 84, 85, 87,
106; 13-2-11; 14-1-20, 40; and 16-1-8 of the Bayfield County Code of
Ordinances: Meyers-yes; Bussey-yes; Jardine-yes; Maki-no; Kittleson-yes;
Bennett-yes; Pocernich-no; Schultz-no; Williams-no; Bichanich-no; Miller-yes;
Crandall-yes; Rondeau-yes. Total: 13, 8 yes, 5 no. The motion carried.
13. A motion was made by Pocernich/Rondeau to move into closed session
pursuant to §19.85(1)(c),considering employment, promotion, compensation or
performance evaluation data of any public employee over which the governmental body
has jurisdiction or exercises responsibility; and (e) deliberating or negotiating the
purchasing of public properties, the investing of public funds, or conducting other
specified public business, whenever competitive or bargaining reasons require a closed
session. The motion carried.
There being no further discussion, a motion was made by Meyers/Rondeau to move out
of closed session back into open session. The motion carried.
14. Discussion and Possible Action Regarding Wage Study. Discussion took
place regarding the initial Wage Study from our Consultant versus industry comparisons.
Abeles-Allison reported that it is Bayfield County’s goal to be competitive and in order to
do this wages have to be critiqued and he further explained. This may not be perfect but
it is a start, and we have to have something in place by 2014. It can be improved upon and
changes made along the way. A motion was made by Bussey/Rondeau to adopt the
Wage Schedule for 2014 as presented. Discussion again took place regarding new
employees. Abeles-Allison explained that when advertisements are made for new hires,
they will be advertised at 80% and can then be negotiated upon with regard to the
benefits. There was concern about the salary structure, responsibilities and who would
have the final say in salaries. It was discussed that any issues would go to the Personnel
Committee and be brought back to the full Board for final review and recommendation.
Meyers thanked her fellow Board members for their hard work. A roll call vote was
taken as follows: Bussey-yes; Jardine-no; Maki-no; Kittleson-yes; Bennett-yes;
Pocernich-yes; Schultz-no; Williams-yes; Bichanich-abstained; Miller-yes; Crandall-
yes; Rondeau-yes; Meyers-yes. Total: 13, 9 yes, 3 no. The motion carried.
15. Discussion and Possible Action Regarding 2014 Non-Represented
Employee Wages. Adjustments were listed in closed session. No discussion took place on
this item. A motion was made by Rondeau/Crandall to approve the 1.66% wage
increase for non-represented employee wages. A roll call vote was taken as follows:
Jardine-yes; Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes;
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Williams-yes; Bichanich-yes; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-yes;
Bussey-yes. Total: 13, 13 yes, 0 no. The motion carried.
16. Discussion and Possible Action Regarding Union Contract Negotiations for
WPPA Jailer Division for 2014. No discussion took place on this item. A motion was
made by Pocernich/Meyers to approve the 1.66% wage increase in 2014 for the
WPPA Jailer Division be given a 1.66% increase in 2014. A roll call vote was taken
as follows: Maki-yes; Kittleson-yes; Bennett-yes; Pocernich-yes; Schultz-yes;
Williams-yes; Bichanich-abstention; Miller-yes; Crandall-yes; Rondeau-yes; Meyers-
yes; Bussey-yes; Jardine-yes. Total: 13, 12 yes, 0 no, 1 abstention. The motion
carried.
17. Discussion and Possible Action Regarding Union Contract Negotiations for
WPPA Deputy Division for 2013 & 2014. No further discussion took place on this than
was held in closed session. A motion was made by Pocernich/Rondeau to approve the
2.0% wage increase in 2013, retro to March, and to receive the 1.66% increase in
2014 receive the same 2% increase the rest of the employees received in March, which
will also go retro to March. A roll call vote was taken as follows: Kittleson-yes;
Bennett-yes; Pocernich-yes; Schultz-yes; Williams-yes; Bichanich-abstained; Miller-
yes; Crandall-yes; Rondeau-yes; Meyers-yes; Bussey-yes; Jardine-yes; Maki-yes.
Total: 13, 12 yes, 0 no, 1 abstention. The motion carried.
18. Discussion and Possible Action Regarding Citizen Committee/Board
Appointment Policies. Discussion was held regarding the policy. The Board felt it needed
a little more research and work done on it before they could consider its passage. A
motion was made by Rondeau/Crandall to send back to committee for further work
and to bring back to the Board for consideration at its January, 2014 meeting. The
motion carried.
19. Administrator’s Report:
a) Wind Energy Update. Abeles-Allison informed the Board that there
was a meeting regarding wind energy. It was brought up whether the
City of Washburn or Bayfield County would consider funding wind
energy. There are possible places that are being looked at which
could be utilized in our area, and would we be interested in signing up?
A lengthy discussion took place on whether it would even be
profitable or worthwhile. No action was taken.
b) January County Board Meeting Date: It was asked if the January
County Board meeting could be changed from January 28th to January
21st. The Board agreed to this.
c) Reminder of 2013 Per Diems and Mileage. If at all possible, Fibert
reminded Board members to turn in their 2013 per diems and mileage
by 9:00 a.m. on Wednesday, Dec. 18th. This is due to the short work
weeks ahead due to the holidays.
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20. Supervisors’ Reports:
a) Bayfield County Economic Development Update: Supervisor
Bennett updated the Board on an “Economic Development 101
Presentation. It showed the how to’s of starting up a new business.
He was inquiring of the Board whether they would be interested in
setting something like this up for the townships in Bayfield County.
The lecture cost $895.00. He was asking that the Supervisors go
back to their townships and inquire if they are interested in
something like this and to get back to him. Bennett thought perhaps
the County could share the cost of this along with the townships.
b) Presentation Regarding Ideas to Help the Tourism Department.
Supervisor Schultz stated that as a County Board Supervisor he has a
fiduciary responsibility to the citizens of Bayfield County. He stated
that the Tourism Department has spent over 1 million dollars in the
last 4 years. He has visited with twice with 4 different Chamber of
Commerce’s in Bayfield County. There is a connection between
tourism and economic development. Tourism does not have the
exposure it needs. The Board has no tourism or business experience.
He said he made up a list of ideas which he would like his fellow
constituents to review to consider for the Tourism Department. The
list is as follows:
Bayfield County Values Economic Development and Tourism.
i. Most Wisconsin counties our size have combined the two in an
effort to have both operate more efficiently and in the best
interests of the taxpayers;
a) Bayfield County fund both at the same level -
$64,000.00;
b) Musts have exposure to the public;
c) Adopt a format similar to BCED. Board of Directors
made up of a representative from each Chamber and
any business group with oversight by 3 County Board
members;
d) Both groups share the services of the secretary (who
will stay on the County payroll);
e) The goal is to see if both can work together and be
helpful to each other;
f) Review in 1 year; have separate interviews to evaluate.
Schultz asked the Board Supervisors to review this and get back to
him with their suggestions.
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There being no further business to come before the Bayfield County Board of Supervisors,
Chairman Miller adjourned the meeting at 7:57 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County Clerk
SSF/dmb