HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 10/31/2017
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Minutes of the
Bayfield County Board of Supervisors’ Meeting
October 31, 2017 – 6:00 p.m.
Bayfield County Board Room, Courthouse, Washburn, Wisconsin
Chairman Pocernich called the meeting to order at 6:00 pm. A roll call was taken by
Scott Fibert, County Clerk, as follows: Pocernich-present; Strand-present; Williams-
present; Coughtry-present; Miller-present; Crandall-present; Rondeau-present; Goodwin-
present via telephone; Bussey-present; Fickbohm-present; Maki-present; Oswald-present;
Silbert-present; Total 13: 13 present, 0 absent. A quorum was present to conduct
business. The following were also present for this evening’s meeting: Mark Abeles-Allison,
County Administrator; Dawn M. Bellile, Deputy County Clerk; Brenda Spurlock, Kevin
Johnson, Veteran’s Service Officer; Rob Schierman, Zoning Administrator; Michelle
Simone, E.H. Sanitarian; Jenny Felty, Representative for Catholic Charities
1. The Pledge of Allegiance was recited by all in attendance.
2. 2018 Bayfield County Budget Public Hearing. A motion was made by
Rondeau/Silbert to adjourn as a County Board and convene as a Committee of the
Whole to hold a public hearing on the 2018 Bayfield County Budget. A roll call vote
was taken as follows: Strand-yes; Williams-yes; Coughtry-yes; Miller-yes; Crandall-
yes; Rondeau- yes; Goodwin-yes via telephone; Bussey-yes; Fickbohm-yes; Maki-yes;
Oswald-yes; Silbert-yes; Pocernich-yes; Total 13: 13 present, 0 absent. The
motion carried.
The Chair turned the meeting over to County Administrator, Mark Abeles-Allison
who presented the proposed 2018 budget to the Board, informing them that the Budget
was published and noticed correctly in the Ashland Daily Press and on the County’s
website. Abeles-Allison stated that the Executive Committee held many meetings going
over the proposed budget and believe it to be a sound budget. Abeles-Allison then gave a
summary of the budget and levy. Supervisor Rondeau, Executive Committee Chair, stated
that he believed this to be a good, sound budget. We met many times and feel that it is
well put together. Supervisor Silbert also thanked those involved in putting the budget
together. He believes as well that it is a well put together budget and makes sense.
Abeles-Allison also stated that budget modifications that the were made at the
Executive Committee meetings are now reflected in the proposed budget.
The proposed 2018 budget is $32,318,140 and the levy will be $9,729,841.00. The
levy is at 3.8 mills.
Chairman Pocernich asked the public if there was anyone who would like to comment
on the proposed 2018 budget. The Chair asked 2 times more, and there being no response,
the Chair closed the floor and entertained a motion to close the public hearing and to
reconvene as a County Board. A motion was made by Miller/Rondeau to close the public
hearing and reconvene as County Board. A roll call vote was taken as follows:
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Williams-yes; Coughtry-yes; Miller-yes; Crandall- yes; Rondeau- yes; Goodwin-yes
via telephone; Bussey-yes; Fickbohm-yes; Maki-yes; Oswald-yes; Silbert-yes;
Pocernich-yes; Strand-yes. Total 13: 13 present, 0 absent. The motion carried.
3. Discussion and Possible Action to Adopt the 2018 Budget. The Board
discussed the budget a bit more and a motion was made by Rondeau/Miller to adopt the
Bayfield County 2018 budget in the amount of $32,318,140. A roll call vote was
taken as follows: Coughtry-yes; Miller-yes; Crandall-yes; Rondeau-yes; Goodwin-via
telephone; Bussey-yes. Fickbohm-yes; Maki-present; Oswald-yes; Silbert-yes;
Pocernich-yes; Strand-yes; Williams-yes. Total: 13: 13 yes, 0 no. The motion
carried.
4. Discussion and Possible Action to Adopt the 2018 Tax Levy. Abeles-
Allison again reiterated the levy is at 3.8 mills and the Board discussed this a bit further.
The levy is at 3.8 - $9,548,610.00 mills. A motion was made by Miller/Rondeau to adopt
the 2018 Tax Levy in the amount of $9,548,610.00. A roll call vote was taken as
follows: Miller-yes; Crandall-yes; Rondeau-yes; Goodwin-via telephone; Bussey-yes.
Fickbohm-yes; Maki-present; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes;
Williams-yes; Coughtry-yes; Total: 13: 13 yes, 0 no. The motion carried.
5. Motion Regarding Minutes of September 19, 2016, Bayfield County
Board of Supervisors’ Meeting. The Board dispensed with the reading of the minutes. A
motion was made by Rondeau/Maki to adopt the September 20, 2016 Minutes of the
Bayfield County Board of Supervisors’ Meeting. The motion carried.
At this time, Supervisor Oswald said a few heart-warming words on behalf of Tom
Waby. Waby had been the Director of the Bay Area Rural Transit Program for many years
prior to his recent death. Tom was very proud of the work he did, noting that he was
instrumental in helping to establish the rural transportation network and the
implementation of the BART system. We will remember Tom for his enthusiasm and
commitment to transportation in our region.
6. Public Comment. Chairman Pocernich reminded the audience that public
comment is for a period of 15 minutes, allowing an individual to speak for no more than 3
minutes at a time. This may also be extended longer at the Board’s discretion.
There was no public comment.
7. Bayfield County Resolution No. 2017-67, Bayfield County Emergency
Disaster Proclamation. Abeles-Allison stated the storm we had this past weekend
wreaked havoc on Lake Superior’s shores in Herbster, Port Wing, Russell and the City of
Washburn. Abeles-Allison read the Proclamation, which reads as follows:
WHEREAS, strong winds and wave action off Lake Superior commencing on
October 24, 2017 have had major impact on jurisdictions within Bayfield County; and
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WHEREAS, strong winds and wave action from Lake Superior increased due to
winter storm conditions of October 26th and following; and
WHEREAS, because of water surges and wave action, roads were required to be
closed, and damage has been reported to marinas, boardwalks, docks and properties near
Lake Superior.
NOW THEREFORE, BE IT RESOLVED, pursuant to Wisconsin Statute §323.11,
the Bayfield County Board of Supervisors assembled this 31st day of October, 2017, does
hereby proclaim a State of Emergency in effect for a duration of thirty (30) days.
Executed at the Bayfield County Courthouse this 31st day of October, 2017.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Coughtry to adopt Bayfield County Resolution
No. 2017-67, Bayfield County Emergency Disaster Proclamation. The motion carried.
8. Bayfield County Resolution No. 2017-59, Honoring Brenda Spurlock upon
her Retirement from the Bayfield County Criminal Justice Department. Bayfield
County was fortunate to recognize someone who has been instrumental to the County.
Demonstrated tremendous compassion and commitment to Bayfield County and to her
work; this is difficult to see her leave but we are happy for her as well. It has truly been
a pleasure to work with you and wish you the best in the future.
The Board did not read the Resolution, but instead, presented Spurlock with a
plaque and again wished her the best in the future. Supervisor Crandall also expressed
words of kindness and gratitude for all she has done for Bayfield County. The Resolution
reads as follows:
WHEREAS, Brenda Spurlock has served Bayfield County with distinction, honor and
dedication for over 23 years.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of October, 2017, honors Brenda Spurlock for her 23
years of public service to Bayfield County and expresses gratitude for her efforts,
wishing her well in the years ahead.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Oswald to adopt Bayfield County Resolution No.
2017-59, Honoring Brenda Spurlock upon her Retirement from the Bayfield County
Criminal Justice Department. The motion carried.
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Brenda thanked the Board for their support for the past years. She stated that
Bayfield County is a good place to work, she raised her family while working for Bayfield
County and is grateful to all.
9. Bayfield County Resolution No. 2017-63, 2017 Veteran’s Day
Recognition. Kevin Johnson, Veteran’s Service Officer, read the Resolution, which reads
as follows:
WHEREAS, the 11th of November, 2017 is celebrated as Veteran’s Day; and
WHEREAS, the freedom enjoyed by our nation’s citizens is maintained by the
vigilance of our men and women in uniform; and
WHEREAS, the strength of our current military force follows in the footsteps of
generations of Veterans before them; and
WHEREAS, the United States military instills a sense of honor, duty, leadership,
commitment and respect, evident in the millions of Veterans who have returned home to
their communities as productive citizens, strengthened by their military experiences; and
WHEREAS, through their effort we stand together as a great nation dedicated to
freedom.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of October, 2017, stand and salute Veterans for their
contributions, and express gratitude for all those who serve today and those Veterans
that have served their country in all branches of the Armed Forces.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Rondeau/Coughtry to adopt Bayfield County Resolution No.
2017-63, 2017 Veteran’s Day Recognition. Nov. 11th vet’s appreciation dinner for all
area vets, program red cliff also that same day at 4. On the 10th, they do a program for
the Vets in the Nursing Home and Oaks. School events all over the county. The motion
carried.
10. Bayfield County Resolution No. 2016-64, Bayfield County Congratulates
the Catholic Charities Bureau, Inc. on its Century of Service to Northern Wisconsin.
Abeles-Allison stated to the Board that the Catholic Charities Bureau is celebrating its
100th anniversary this year. He introduced Jenny Felty, the Catholic Charities Director to
our area. Felty stated that she is honored to accept this Resolution on behalf of Catholic
Charities. It is rare for people to be able to celebrate their work. The Board dispensed
with the reading of the Resolution, which reads as follows:
WHEREAS Catholic Charities Bureau, Inc. is celebrating the one hundredth
anniversary of its founding, in 1917, as St. Joseph’s Children’s Home, an orphanage which
served children of Northern Wisconsin including Bayfield County; and
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WHEREAS, the Mission Statement of the Catholic Charities Bureau is, “… to meet
the critical issues of our society through the use of our gifts and resources by mobilizing
the Christian community in partnership with private and public enterprise…. To create an
environment of human dignity based on justice, mutual respect, understanding, and
trust…;” and
WHEREAS, since its founding in 1917 by Bishop Joseph Koudelka, Catholic
Charities Bureau, Inc. has expanded its services to include affordable housing for senior
citizens and persons with disabilities, rehabilitation facilities providing access to
employment and independent living for persons with intellectual disabilities, volunteer
programs providing talented senior citizens with opportunities for community service,
home health care and supportive services for persons with health related issues, and
programs for children with special needs, and families in crises; and
WHEREAS, in 2017 Catholic Charities Bureau, Inc. provided essential human
services to persons in need, through 60 programs located in 74 communities in Northwest
Wisconsin and the Arrowhead Region of Minnesota; and
WHEREAS, Catholic Charities Bureau, Inc. currently operates the recently
expanded programs of Headwaters, Inc. and Catholic Charities Bureau Housing serving the
people of Bayfield County; and
WHEREAS, Catholic Charities Bureau, Inc. through the leadership of Bishop James
Powers, its Membership, its Board of Directors, volunteers, and staff will continue to
extend and expand programs and services to people in need in the next century of its
operation; and
WHEREAS, Bayfield County shall continue to collaborate with Catholic Charities
Bureau, Inc. to create and expand services to assist people and families in need to become
contributing, self-sufficient members of our community.
WHEREAS, over the past century many outstanding citizens of Bayfield County
have voluntarily served on the Board of Directors of Catholic Charities Bureau, Inc.
through its affiliated agencies; and
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors, assembled this 31st day of October, 2017, extends sincere appreciation to
the officers and Board Directors of Catholic Charities Bureau, Inc., and offers
congratulations for a century of service to Northern Wisconsin.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Fickbohm to adopt Bayfield County Resolution
No. 2017-64, Bayfield County Congratulates the Catholic Charities Bureau, Inc. on
Its Century of Service to Northern Wisconsin. The motion carried.
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At this time, Chairman Pocernich introduced Mary Parde, the new UW-Extension
Regional Director. The present UW representative, Tim Kane, will be retiring soon, and
that position will not be filled. Parde will be working out of the Cable office in the same
vicinity where the County’s Zoning office is located. Parde will be floating to the different
UW sites from that office. Parde stated to the Board that if they have any questions or
concerns to just let her know, she would be happy to answer them.
11. Bayfield County Resolution No. 2017-62, To Create a Nonpartisan
Procedure for the Preparation of Legislative and Congressional Redistricting Plans. Bev
Lindell, representing the League of Women Voters, was present to explain the content of
the Resolution to the Board and what it means. The Board dispensed with the reading of
the Resolution, which reads as follows:
WHEREAS, currently under the State Constitution, the legislature is directed to
redistrict legislative districts according to the number of inhabitants at its next session
following the decennial federal census by majority party; and at the same intervals, the
legislature also reapportions congressional districts pursuant to federal law; and
WHEREAS, legislative and congressional redistricting plans enacted pursuant to
this procedure are used to elect members of the legislature and members of Congress in
the fall of the second year following the year of the census; and
WHEREAS, historically legislative and congressional plans in Wisconsin have been
subject to partisan influence that put the desires of politicians of the electoral
prerogative of the people; and
WHEREAS, the 2011 process to draw the maps and fight litigation contesting those
maps costs taxpayers nearly $1.9 million; and
WHEREAS, a panel of federal district court judges has ruled that the redistricting
that was done in Wisconsin in 2011 was unconstitutional; and
WHERREAS, redistricting to achieve partisan gains is improper, whether it is done
by Republicans or Democrats.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of October 2017, insists upon the creation of a non-
partisan procedure for the preparation of legislative and congressional redistricting plans;
and
BE IT FURTHER RESOLVED, that the process promotes more accountability and
transparency and prohibits the consideration of voting patterns, party information, and
incumbents’ residence information or demographic information in drawing the maps, except
as necessary to ensure minority participation as required by the U.S. Constitution; and
BE IT FURTHER RESOLVED, that the County Clerk is directed to send a copy of
this Resolution to the Governor of the State of Wisconsin, the Wisconsin Counties
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Association, the Wisconsin Towns Association, the Wisconsin League of Municipalities, all
members of the state legislature and to each Wisconsin County.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Silbert to adopt Bayfield County Resolution No.
2017-62, To Create a Nonpartisan Procedure for the Preparation of Legislature and
Congressional Redistricting Plans. Discussion took place and it was stated that this is
significant if the Wisconsin Counties Association is supporting this. The motion carried
with two oppositions.
12. Presentation of Bayfield County 2017 Clean Sweep Collection Results
Summary. Abeles-Allison announced gave a quick summary via a power point presentation
in Tim’s absence. The Supervisors discussed having a Clean Sweep taking place in the
Southern end of Bayfield County. These collections are funded through Northwest
Regional Planning and their funds have been cut to only having 2 in the County now. It was
still thought that it would be good to have one in the Northern end and one in the
Southern end of Bayfield County. This will be looked into.
13. Report of the Bayfield County Planning & Zoning Committee Regarding
Amendments to Section 13-1-4 [Definitions] of Article B [General Provisions] of
Chapter 1 [Zoning Code] of Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin are hereby amended and Subsections (a)(1a) (18a)(24a) (35a)(60a)
(70a) and (71a) of Section 13-1-4 [Definitions] of Article B [General Provisions of
Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, WI, Sections 13-1-4; 13-1-20; 13-1-21;13-1-22; 13-1-23; 13-1-
24; 13-1-26; 13-1-28; 13-1-29; 13-1-29A; 13-1-32; 13-1-40; 13-1-41; 13-1-
61; 13-1-102; 13-3-1; 13-3-11, 12, 13; 13-3-20; 13-3-21; 13-3-22; 13-3-
23; 13-3-30; 13-3-41 and 14-1-21. Robert Schierman, Zoning Administrator, was
present to explain the reasoning behind having this Ordinance amended.
The Amendment was required after the passing of Act 55 in 2015 which changed
the State Statutes in a manner where Counties could not have shoreland specific
regulations that would be more restrictive than NR115, Wisconsin’s Shoreland Protection
Program. If these changes are not made, the State will supersede our jurisdiction and
impose their version of these changes on the County ignoring what little we have been able
to retain of our previous language. This took an inordinate amount of time to draft, has
been through the Planning & Zoning Committee.
The Board dispensed with the reading of the Report. It is noted that the Report
and Ordinance are the same in language except for their opening paragraph and is
therefore not put it its entirety here but in the Ordinance that follows:
A motion was made by Rondeau/Bussey to receive and place on file the Report
of the Bayfield County Planning & Zoning Committee Regarding Amendments to Section
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13-1-4 [Definitions] of Article B [General Provisions] of Chapter 1 [Zoning Code] of
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin are hereby
amended and Subsections (a)(1a) (18a)(24a) (35a)(60a) (70a) and (71a) of Section
13-1-4 [Definitions] of Article B [General Provisions of Chapter 1 [Zoning Code] or
Title 13 [Zoning of the Code of Ordinances], Bayfield County, WI, Sections 13-1-4;
13-1-20; 13-1-21;13-1-22; 13-1-23; 13-1-24; 13-1-26; 13-1-28; 13-1-29;
13-1-29A; 13-1-32; 13-1-40; 13-1-41; 13-1-61; 13-1-102; 13-3-1; 13-3-11,
12, 13; 13-3-20; 13-3-21; 13-3-22; 13-3-23; 13-3-30; 13-3-41 and 14-1-21.
14. Bayfield County Amendatory Ordinance No. 2017-10 Regarding
Amendments to Section 13-1-4 [Definitions] of Article B [General Provisions] of
Chapter 1 [Zoning Code] of Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin are hereby amended and Subsections (a)(1a) (18a) (24a) (35a)
(60a) (70a) and (71a) of Section 13-1-4 [Definitions] of Article B [General Provisions
of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, WI, Sections 13-1-4; 13-1-20; 13-1-21;13-1-22; 13-1-23; 13-1-24;
13-1-26; 13-1-28; 13-1-29; 13-1-29A; 13-1-32; 13-1-40; 13-1-41; 13-1-61;
13-1-102; 13-3-1; 13-3-11, 12, 13; 13-3-20; 13-3-21; 13-3-22; 13-3-23; 13-
3-30; 13-3-41 and 14-1-21. Schierman asked the Board for approval of Ordinance
2017-10 with the changes as presented. A few questions were asked and answered. The
Board dispensed with the reading of Ordinance 2017-10, 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:
ORDINANCE SECTIONS
13-1-4; 13-1-20; 13-1-21;13-1-22; 13-1-23; 13-1-24; 13-1-26; 13-1-28; 13-1-29; 13-1-29A; 13-
1-32; 13-1-40; 13-1-41; 13-1-61; 13-1-102; 13-3-1; 13-3-11, 12, 13; 13-3-20; 13-3-21; 13-3-22;
13-3-23; 13-3-30; 13-3-41 and 14-1-21,
CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN.
The Bayfield County Board of Supervisors decision is:
XX Be Approved
Be Approved with modification
Be Disapproved
Refer back to Planning and Zoning with directions as
stated/noted and return for enactment or rejection
By Action of the
BAYFIELD COUNTY BOARD OF SUPERVISORS
Attested to by:
Dennis M. Pocernich, Bayfield County Chair
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County of Bayfield Ordinance 2017-10
AN ORDINANCE AMENDING …… CODE OF ORDINANCES, BAYFIELD COUNTY,
WISCONSIN.
NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as follows:
Section 1. Subsections (a)(1)(4)(10)(23)(24)(29)(40)(44)(46)(55)(65) and (71) of Section 13-
1-4 [Definitions] of Article B [General Provisions] of Chapter 1 [Zoning Code] of
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin are
hereby amended and Subsections (a)(1a)(18a)(24a)(35a)(60a)(70a) and (71a) of
Section 13-1-4 [Definitions] of Article B [General Provisions of Chapter 1 [Zoning
Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin
are hereby created to read as follows:
(1) Accessory Structure. A detached, subordinate structure which is clearly incidental to
and customarily found in connection with the principal structure to which it is related and
which is located on the same lot as the principal structure. In the Shoreland Zone,
accessory structure shall mean a subordinate structure which is devoted to a use
incidental to the principal use of the property. Accessory structures in the shoreland
include, but are not limited to, detached garages, sheds, barns, gazebos, patios, decks,
swimming pools, hot tubs, fences, retaining walls, driveways, parking lots, sidewalks,
detached stairways and lifts.
(1a) Access and Viewing Corridor. A strip of vegetated land that allows safe pedestrian
access to the shore through the vegetative buffer zone.
(4) Boathouse. A building for the purpose of storing permanent structure used for the
storage of watercraft and related equipment associated materials and includes all
structures which are totally enclosed, have roofs or walls or any combination of these
structural parts.
(10) Conditional Use. Uses of the land or structure which are considered by the Planning
and Zoning Committee. In the Shoreland Zone, conditional use shall mean a use which
is permitted by this ordinance provided that certain conditions specified in the ordinance
are met and that a permit is granted by the board of adjustment or, where appropriate,
the planning and zoning committee or county board.
(18a) Existing Development Pattern. An Existing Development Pattern means that principal
structures exist within 250 feet of a proposed principal structure in both directions along
the shoreline.
(23) Floodplains. The area adjoining a watercourse Lands which have been and or hereafter
may be covered by flood water during the regional flood and the floodfringes as those
terms are defined in Ch. NR 116, Wis. Adm. Code.
(24) Footprint:. That portion of a lot covered by a building or structure at the surface level,
measured on a horizontal plane. In the Shoreland Zone, footprint shall mean the
following: The land area covered by a structure at ground level measured on a
horizontal plane. The footprint of a residence or building includes the horizontal plane
bounded by the furthest exterior wall and eave if present, projected to natural grade. For
structures without walls (decks, stairways, patios, carports) – a single horizontal plane
bounded by the furthest portion of the structure projected to natural grade.
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(24a) Generally Accepted Forestry Management Practices. Forestry management
practices that promote sounds management of a forest. Generally accepted forestry
management practices include those practices contained in the most recent version of
the Department publication known as Wisconsin Forest Management Guidelines and
identified as PUB FR-226.
(29) Impervious Surface. An area that releases as runoff all or a majority of the precipitation
that falls on it. “Impervious Surface” excludes, among other things, frozen soil and decks
that have at least a ¼ inch space between deck boards with a previous surface below.
“Impervious surface” includes, among other things, rooftops, sidewalks, driveways,
parking lots, streets, shingles, concrete and asphalt. Roadways as defined in s.
340.01(54), Wis. Stats, or sidewalks as defined in s. 340.01(58), Wis. Stats, are not
considered impervious surfaces.
(35a) Lot of Record. Any lot, the description of which is properly recorded with the Register
of Deeds, which at the time of its recordation complied with all applicable laws,
ordinances, and regulations.
(40) Mitigation. Compensatory action(s) Balancing measures that are designed,
implemented and function to restore natural functions and values lost through
development and human alterations activities.
(44) Navigable waters. Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other waters within the
territorial limits of the state, including the Wisconsin portion of boundary waters which
are navigable under the laws of the state. Under s. 281.31(2m), Wis. Stats.,
notwithstanding any other provision of law or administrative rule promulgated
thereunder, shoreland ordinances required under s. 59.692, Wis. Stats., and Ch. NR
115, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if such
lands are not adjacent to a natural, navigable river or stream, those parts of such
drainage ditches adjacent to such lands were not navigable streams before ditching and
do not apply to artificially constructed drainage ditches, ponds or stormwater retention
basins that are not hydrologically connected to a natural navigable water body. and such
lands are maintained in nonstructural agricultural use. A navigable body of water must
have a bed differentiated from adjacent uplands and flow sufficient to support navigation
by a recreational craft of the shallowest draft on an annually recurring basis.
(46) Normal High Water Elevation. A mark delineating the highest water level of a body of
water which has been maintained for a sufficient period of time to leave evidence upon
the landscape. The normal high water elevation is commonly that point where the natural
vegetation and landscape changes from predominantly aquatic to predominately
terrestrial. (Reserved for future use).
(55) Regional Flood. The regional flood is a flood determined by the Division of
Environmental Protection which is A flood determined to be representative of large
floods known to have occurred generally in Wisconsin and reasonably characteristic of
what which can be expected to occur on a particular stream, because of like physical
characteristics, once in every 100 years. The regional flood generally has an average
frequency in the order of the one hundred (100) year recurrence interval flood
determined from an analysis of floods on a particular stream or other streams in the
same general region.
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(60a) Shoreland Setback, also known as Shoreland Setback Area. An area in a shoreland
that is within a certain distance of the ordinary high-water mark in which the construction
or placement of structures has been limited or prohibited under an ordinance enacted
under s. 59.692, Wis. Stats.
(65) Structure. Anything constructed or erected. In the Shoreland Setback Area, structure
shall mean a principal structure or any accessory structure including a garage, shed,
boathouse, sidewalk, walkway, patio, deck, retaining wall, porch or firepit.
(70a) Unnecessary Hardship. That circumstance where special conditions, peculiar to the
particular parcel of land in question, which were not self-created, affect the property and
make strict conformity with restrictions of an ordinance unreasonable in light of the
purposes of this ordinance. The hardship shall not be based solely on economic
consideration and the granting of the variance shall not be detrimental to the public
welfare or injurious to other property in the area.
(71) Wetlands: Wetlands means those areas where water is at, near or above the land
surface long enough to be capable of supporting aquatic or hydrophytic vegetation and
which have soils indicative of swet conditions.
(71a) Wetland Zoning District. A district with boundaries as identified in Sec. 13-3-21 of this
Ordinance.
(72) Width. The width at any point on a lot shall be the shortest horizontal distance between
the lot side lines at that point. The width may be equal to, but not greater than, the depth
of the lot.
Section 1. Subsections (a), (c)(1), and (f) of Section 13-1-20 [General Zoning
Requirements] of Article B [General Provisions] of Chapter 1 [Zoning Code] of
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin are
hereby amended to read as follows:
(a) Jurisdiction. The jurisdiction of this Chapter includes all the shorelands in the
unincorporated areas of Bayfield County and in all the areas of the
unincorporated civil towns of Bayfield County that have approved this Chapter.
As required by s. 59.692, Wis. Stats., and Ch. NR 115, for any area within the
Shoreland, the jurisdiction of this Zoning Code includes all areas of Bayfield
County.
(c) Maps. The maps designated below are hereby adopted and made part of this
Chapter. They are on file at the Bayfield County Planning and Zoning Agency.
(1) United States Geological Survey Quadrangle Maps for Bayfield County.
Wisconsin Wetland Inventory Maps as reflected on the State of Wisconsin
DNR Surface Water Data Viewer.
(f) Water Elevation. Elevations pertaining to the normal high water marks and
groundwater levels, where not previously established, will be determined by the
Planning and Zoning Department, subject to appeal under Section 13-1-102. In
the event that the applicant appeals the Planning and Zoning Department’s
decision, the applicant shall be required to furnish a map of the property in
question, indicating the normal high water mark, the data from which it was
established, the waterline, and other pertinent information that the Board of
Adjustment shall deem necessary.
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Facilities. The construction and maintenance of a facility is considered to satisfy
the requirements of a shoreland zoning requirement if the Department of Natural
Resources has issued all required permits or approvals authorizing the
construction or maintenance under Ch. 30, 31, 281 or 283, Wis. Stats. A “facility”
means any property or equipment of a public utility, as defined in s. 196.01(5),
Wis. Stats, or a cooperative association organized under Ch. 185, Wis. Stats for
the purpose of producing or furnishing heat, light, or power to its members only,
that is used for the transmission, delivery, or furnishing of natural gas, heat, light,
or power.
Section 1. Subsections (b)(7) of Section 13-1-21 [General Land Use Requirements] of
Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning
Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as
follows:
(b) Land Use Permits.
(7) Shoreland Permits. Within the Shoreland, a permit shall be required for
any and all structures and none of the above exceptions shall apply.
Section 1. Subsections (a)(1), (a)(2), (a)(3), (a)(4) and (b) of Section 13-1-22 [Setback and
Height Restrictions] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title
13 [Zoning Code of Ordinances], Bayfield County, Wisconsin are amended and
Subsections (a)(5) and (a)(6) of Section 13-1-22 [Setback and Height Restrictions] of
Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code of
Ordinances], Bayfield County, Wisconsin are hereby created to read as follows:
(a) Shoreline Setbacks.
(1) [Setbacks.] Except as otherwise provided in this subsection, setbacks for
structures on shoreland lots shall be 75 feet from the ordinary high water
mark. , as provided in Section 13-1-40.
(2) Reduced Principal Structure Setbacks. (s. 59.692(1n), Wis. Stats.) A
setback less than the 75’ required setback from the ordinary high
water mark shall be permitted for a proposed principal structure and shall
be determined as follows:
a. Where there are existing principal structures in both directions, the setback shall
equal the average of the distances the two existing principal structures are set
back from the ordinary high water mark provided all of the following are met:
1. Both of the existing principal structures are located on adjacent lot to the
proposed principal structure.
2. Both of the existing principal structures are located within 250’ of the
proposed principal structure.
3. Both of the existing principal structures are located less than 75’ from the
ordinary high water mark.
4. The average setback shall not be reduced to less than 35’ from the
ordinary high water mark of any navigable water.
b. Where there is an existing principal structure in only one direction, the setback
shall equal the average of the distance that the existing principal structure is set
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back from the ordinary high water mark and the required setback of 75’ from the
ordinary high water mark provided all of the following are met:
1. The existing principal structure is located on adjacent lot to the proposed
principal structure.
2. The existing principal structure is located within 250’ of the proposed
principal structure.
3. The existing principal structure is located less than 75’ from the ordinary
high water mark.
4. The average setback shall not be reduced to less than 35’ from the
ordinary high water mark of any navigable water.
b. When a new principal structure qualifies for a reduced building setback,
unenclosed accessory structures (functional appurtenances), such as open
decks or patios, if built in conjunction with the principal structure are allowed to
be constructed at the reduced setback.
(3) Increased Principal Structure Setback (s. 59.692(1n)(c), Wis. Stats. A setback greater
than the required 75’ from the ordinary high water mark shall be required for a proposed
principal structure and determined as follows:
a. Where there are existing principal structures in both directions, the setback shall
equal the average of the distances the two existing principal structures are set
back from the ordinary high water mark provided all of the following are met:
1. Both of the existing principal structures are located on adjacent lots to the
proposed principal structure.
2. Both of the existing principal structures are located within 200’ of the
proposed principal structure.
3. Both of the existing principal structures are located greater than 75’ from
the ordinary high water mark.
4. Both of the existing principal structures were required to be located at a
setback greater than 75’ from the ordinary high water mark.
5. The increased setback does not apply if the resulting setback limits the
placement to an area on which the structure cannot be built.
(2) (4) Reduced Roadway, Rear Yard, and Shoreline Setbacks for Undeveloped and
Redeveloped Lots of Record.
a. Nonconforming Plats. If a lot platted prior to December 12, 2000 of record is
not deep enough to accommodate required roadway or and rear yard and
shoreline setbacks, the roadway or rear yard setback may be reduced until a
thirty-foot deep building site is established provided the resulting setback is not
less than one-half the distance of the required setback. This provision shall not
apply in the shoreland.
b. Shoreland Adjustment. If the road or rear yard setback reduction above does
not provide a thirty-foot deep buildings site, the shoreline setback may then be
reduced until a thirty-foot deep building site is established provided the resulting
shoreline setback is not less than two-third of the distance of the required
setback.
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c. Mitigation. A property owner shall comply with the mitigation requirements of
Section 13-1-40(f)(11) in order to qualify for the setback reductions of this
Section.
(3) (5) Minor Structures Exempted. Minor, innocuous structures whose presence on the
setback area has no significant impact relating to the purpose of shoreland zoning as
expressed in s. 59.692, Wis. Stats and Ch s. 144.26(1) 281.31, Wis. Stats., and which
meet all of the following criteria are exempted from the shoreline setback requirement:
a. Construction shall involve minimal earth disturbing activities.
b. Construction shall not involve removal of any shoreland vegetation.
c. The structure shall not be visible from the adjacent waterway or from any
public thoroughfare.
(4) (6) Structures Exempt Under s. 59.692(1v) Wis. Stats. As required by s. 59.692(1v),
Wis. Stats., the shoreland setback requirements of this ordinance do not apply to a
structure the following structures proposed to be constructed or placed in a shoreland
setback area (as defined by s. 59.602(1)(bn), Wis. Stats.) if all of the following
requirements are met:
a. Open-sided and screened structures such as gazebos, decks, patios and screen
houses in the shoreland setback area if all of the following requirements are met:
1. a. The part of the structure that is nearest to the water is located at least
thirty-five (35) feet landward from the ordinary high water mark.
2. b. The total cumulative floor area of all structures within the shoreland
setback area of the lot upon which the structure is to be located shall not
exceed two hundred (200) square feet, excluding boathouses and
walkways.
3. c. The structure has no sides or has open or screened sides.
4. d. The side yard setback shall be a minimum of fifteen (15) feet.
5. e. The structure sidewall height shall not exceed ten (10) feet, a thirteen
(13) foot height, with a maximum overhang of twenty-four (24) inches.
6. f. The Bayfield County Planning and Zoning Department must approve a
plan that will be implemented by the owner of the property to preserve or
establish a shoreland buffer zone that covers at least seventy percent
(70%) of the half of the shoreland setback area that is nearest to the
water. The buffer zone shall comply with the following provisions:
i. 1. The buffer zone shall include a tree canopy, a shrub layer and
ground cover.
ii. 2. There shall be no disturbance of land in the buffer zone, and
there shall be no disturbance of vegetation in the buffer zone,
including the cutting or removal of vegetation, except for dead,
dying, or diseased vegetation or when vegetation must be
trimmed or removed to eliminate a safety hazard. except to
establish a buffer zone, and except for Routine Maintenance of
Vegetation.
iii. 3. The buffer zone must have existed for at least three months
prior to the issuance of a permit for the structure. Photographs
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documenting establishment of the buffer zone must be submitted
to the Bayfield County Planning and Zoning Department by the
owner prior to the issuance of the permit.
7. 4. Any permit issued for a structure authorized by this section shall be recorded by
affidavit of the Bayfield County Register of Deeds and shall include the conditions of this
section.
b. (6) Boathouses. if all of the following requirements are met:
1. a. Only boathouse construction activities which follow Best Management
Practices (BMPs) and are done in a manner designed to minimize
erosion, sedimentation and impairment of fish and wildlife habitat and
which are accomplished in conformity with all applicable federal, state
and local laws are permissible in the shoreland.
2. b. A Boathouses shall be designed, constructed and used solely for the
storage of boats and/or related equipment and shall not include any
habitable living area including but not limited to decks, patios, lean-tos or
porches.
3. c. A Boathouses shall not be equipped with a potable water supply,
fireplaces, patio doors, food preparation equipment, furniture or any
features inconsistent with the use of the structure exclusively as a
boathouse.
4. d. A Boathouses shall have a gable roof with eves eaves not to exceed
24 inches.
5. e. A Boathouses shall not be placed water ward beyond the ordinary high
water mark unless otherwise approved by the Department of Natural
Resources.
6. f. Only one boathouse is permitted, as an accessory structure, for each
buildable lot. A boathouse may not be the first structure on the parcel.
g. Boathouses shall not be excavated into an existing slope of more than 20
percent unless Class B Special Use permit is approved by the Planning & Zoning
Department
7. h. A Boathouses shall be entirely within the access and viewing corridor; due to the
impacts of ice movement, must be set back a minimum of ten feet from the ordinary
high-water mark, and shall be constructed in conformity with all floodplain zoning
standards.
8. i. A Boathouses shall not exceed one story. Maximum height from the boathouse floor to
the roof peak top of the side wall shall not exceed 12 10 feet. The footprint shall not
exceed 400 square feet.
9. j. The maintenance and repair of existing nonconforming boathouses, which extentd
beyond the ordinary high-water mark, shall comply with the requirements of s. 30.121
Wis. Stats.
10. k. Standards for removal of shoreline vegetation in Sec. 13-1-23 of this Ordinance shall
be complied with.
11. l. A Boathouses must use exterior building materials or treatments that are
inconspicuous and blend with the natural setting of the site.
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12. m. A boathouse requires a land use permit and must include an impervious surface
calculation form and associated fee(s).
13. The roof of a boathouse may be used as a deck provided that the boathouse is an
existing boathouse with a flat roof, the roof has no side walls or screens and the roof
may have a railing that meets the Department of Safety and Professional services
standards.
c. Fishing rafts that are authorized on the Wolf River and Mississippi River under s.
30.126, Wis. Stats.
d. Broadcast signal receivers, including satellite dishes or antennas that are one
meter or less in diameter and satellite earth station antennas that are 2 meters or
less in diameter.
e. Utility transmission and distribution lines, poles, towers, water towers, pumping
stations, well pumphouse covers, private on-site wastewater treatment systems
that comply with Ch. SPS 383, Wis. Adm. Code, and other utility structures that
have no feasible alternative location outside of the minimum setback and that
employ best management practices to infiltrate or otherwise control storm water
runoff from the structure.
f. Devices or systems used to treat runoff from impervious surfaces.
g. (5) Stairways and Piers, Walkways or Rail Systems. Stairways, elevated walkways
and that portion of piers landward of the ordinary high water mark rail systems
are exempted from the shoreline setback requirement provided:
1. a. The structure is necessary to access the shoreline because of steep
slopes or wet, unstable soils.
2. b. The structure shall be located so as to minimize earth disturbing
activities and shoreline vegetation removal during construction and to be
visually inconspicuous as viewed from the adjacent waterway and public
thoroughfares.
3. c. The structure shall be no more than four (4) feet sixty inches (60”)
wide.
4. d. Structures shall be inconspicuously colored.
5. e. Railings are permitted only where required by safety concerns.
6. f. Canopies and roofs on such structures are prohibited.
7. g. Landings for stairways or docks are permitted only where required by
safety concerns and shall not exceed forty (40) square feet.
8. h. No stairway, landing, elevated walkway, or similar structure shall be
constructed without a land use permit having been issued therefore, and
any such structure shall be constructed in accordance with best
management practices for minimizing adverse impact on the shoreland
area and adjoining water. In determining whether a structure will comply
with best management practices the Planning and Zoning Department
may seek the assistance of the county land conservationist.
9. Only one such structure will be allowed per lot.
(7) Existing Exempt Structures. Existing exempt structures may be maintained, repaired,
replaced, restored, rebuilt and remodeled provided the activity does not expand the
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footprint and does not go beyond the three-dimensional building envelope of the existing
structure. Expansion of a structure beyond the existing footprint may be allowed if the
expansion is necessary to comply with applicable state or federal requirements.
(b) Highway and Bluff or Bank setbacks.
Class of Highway Setback from
Centerline
Setback from
Right of Way Line
State & Federal 110’ 50’ whichever is greater
County 75’ 42’ whichever is greater
Town 63’ 30’ whichever is greater
(1) Reduced Setbacks. A reduced structural setback shall be allowed where
an existing building(s) within three hundred (300) feet on either side of the
proposed site is less than the required setback. In such cases, the
setback shall be the average of the nearest principal building on each
side of the proposed site. If there is no principal building on one side, the
setback shall be the average of the one existing principal building and the
required setback. In no case shall it be less than one-half (1/2) the
required setback from the right-of-way line.
(2) Private Road Setbacks. Structural setbacks from privately constructed
streets or roads, including those located on easements providing access
to other lots, shall be forty (40) feet from the centerline of the street or
road.
(3) Unincorporated Village Overlay District Setbacks. Within the
unincorporated village overlay district, a minimum setback distance of ten
(10) feet from the right-of-way line of any street, road or alley shall be
maintained. Special structural setback reductions will be permitted within
unincorporated villages if there are at least three (3) existing principal
buildings, built to less than the required setback, within three hundred
(300) feet on either side of the proposed site, the reduced setback may
be equal to but no greater than, the setback of the closest adjacent
principal building.
(4) Cul-de-sac Setback. Setback of 75’ from centerline of a cul-de-sac or 30’
from the ROW whichever is greater.
(5) Bluff or Bank Setback. For lots having a bank or a bluff, the top of
which is discernible due to evidence of erosion (including but not limited
to exposed rock), the required setback shall be 75 feet back from the top
edge of the bank or bluff, and if a lot is located in an area of active or
potential erosion designated on a map entitled Erosion Hazard Areas –
Bayfield County the Wisconsin Shoreline Inventory and Oblique Viewer
web site: http://floodatlas.org/asfpm/oblique_viewer/ , a greater setback
may be required as determined by the Planning and Zoning Committee or
its duly designated agent, based upon projected shoreland recession
rates.
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Section 1. Subsections (a)(1) and (a)(2) of Section 13-1-23 [Shoreland-Upland Screening,
Fencing and Vegetative Management] of Article B [General Provisions] of
Chapter 1 [Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield
County, Wisconsin are hereby amended to read as follows:
Sec. 13-1-23 Shoreland-Upland Screening, Fencing and Vegetative Management.
Regulation of screening, fencing, and vegetative management is necessary to minimize off-site
nuisances, to control erosion, to protect the scenic beauty of an area, and, in the shoreland
area, to reduce effluent and nutrient flow from the land to its receiving waters, as follows:
(a) Shoreline Vegetation Protection and Vegetative Management Areas.
(1) There shall be a shoreland vegetation protection area on each lot
adjoining or including navigable water extending from the ordinary high
water mark (OHWM) to a line that is 25 feet closer to the ordinary high
water mark than the required shoreline setback 35 feet from the ordinary
high water mark. Within such area, the removal of trees, shrubs, and
ground cover, and land disturbing activities are prohibited with the
following exceptions:
a. One viewing corridor for each lot every one hundred feet (100’) of
frontage on a body of water and may be established by pruning
and selective removal of trees and shrubbery. Clear cutting, filling,
grading, and other land disturbing activities are prohibited.
Sufficient trees and shrubbery shall be retained to screen
development from view from the water but provide a filtered view
of the water. The viewing corridor(s) shall be more or less
perpendicular to the shore, no more than 30 feet wide in the
dimension paralleling the shore, and shall be set back at least ten
(10) feet from each side lot line. For lots with less than 100 feet of
frontage, the width of the viewing corridor shall be no more than
30 35% of the frontage. A viewing/access corridor may not be
established where the absence of vegetation provides a similar
naturally occurring opening. A viewing corridor may run
contiguously for the entire maximum width allowed under this
ordinance.
b. Plant removal and land disturbance are permitted to the extent,
and only to the extent, that they are necessary in connection with
the erection or placement of structures in the shoreland vegetation
protection area which are authorized under Subsections. 13-1-
22(a)(5) or (6) (7) or (8) of this Ordinance. or they have been
authorized by a government agency having jurisdiction to do so for
such purposes as mitigation, erosion control or shoreland
restoration; or they are necessary for the removal of dying, or
diseased vegetation, or vegetation creating a safety hazard.
c. The county may allow routine maintenance of vegetation.
d. The county may allow removal of trees and shrubs in the
vegetative buffer zone on a parcel with 10 or more acres of
forested land consistent with “generally accepted forestry
management practices” as defined in s. NR 1.25 (2) (b), Wis.
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Adm. Code, and described in Department publication “Wisconsin
Forest Management Guidelines” (publication FR-226), provided
that vegetation removal be consistent with these practices.
e. The county may allow removal of vegetation within the vegetative
buffer zone to manage exotic or invasive species, damaged
vegetation, vegetation that must be removed to control disease, or
vegetation creating an imminent safety hazard, provided that any
vegetation removed be replaced by replanting in the same area as
soon as practicable.
f. The county may authorize by permit additional vegetation
management activities in the vegetative buffer zone. The permit
issued under this subd. par. shall require that all management
activities comply with detailed plans approved by the county and
designed to control erosion by limiting sedimentation into the
waterbody, to improve the plant community by replanting in the
same area, and to maintain and monitor the newly restored area.
The permit also shall require an enforceable restriction to preserve
the newly restored area.
Section 1. Subsection (c) of Section 13-1-24 [Filing; Grading; Dredging; Lagooning] of
Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning
Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as
follows:
(c) Filling. A permit shall be required from the Department of Natural Resources
under Ch. 30, Wis. Stats., or from any other state agency having jurisdiction. A
land use permit shall be required for the filling of any wetland. In addition, a
permit shall be required from the Department of Natural Resources under Ch. 30,
Wis. Stat., or from any other state agency having jurisdiction:
(1) In passing upon a special use permit (see Section 13-1-41), the Planning
and Zoning Committee shall require the following information:
c. A detailed description and a map showing the vegetation of the
shoreline or wetland area to be affected, the soil types or bottom
type of the area to be affected, the surrounding drainage patterns,
and the proposed alterations to be carried out.
d. Whether the area to be filled serves as a nesting or spawning area
for wildlife or as a habitat for any rare or endangered plant or
animal species.
(2) The planning and Zoning Committee may require the following conditions
in addition to those specified under Section 13-1-41:
a. That fill not restrict a floodway or destroy the storage
capacity of a floodplain.
b. That measures be taken to avoid situation.
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Section 1. Subsections (a) (b) (c) (d) and (e) of Section 13-1-26 [Substandard Lots of
Record] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13
[Zoning Code of Ordinances], Bayfield County, Wisconsin are hereby amended
to read as follows:
(a) Substandard Lots of Record Prior to April 20, 1971. A substandard lot of
record in the Bayfield County Register of Deeds Office prior to April 20, 1971,
which is not served by a public sanitary sewer and which is at least 10,000 sq. ft.
in area, 65 ft. in width at the building line, and 65 ft. in width at the water line, or
which is served by a public sanitary sewer and is at least 7500 sq. ft. in area, 50
ft. in width at the building line, and 50 ft. in width at the water line, may be used
as a building site if it meets the following requirements The following substandard
lots of record, if recorded in the Bayfield County Register of Deeds Office, may
be used as building sites, subject to the provisions set forth in subsection (b),
below:
(1) The proposed use of the site is permitted in the zoning district in which it
is located. A non-shoreland substandard lot or contiguous lots of record
which is or are not served by a public sanitary sewer and which is or are
at least 10,000 sq. ft. in area and 65 ft. in width at the building line;
(2) All applicable setback requirements of this ordinance and all provisions of
the Bayfield County Sanitary and Private Sewage Ordinance are
complied with. A non-shoreland substandard lot or contiguous lots of
record which is or are served by a public sanitary sewer and which is or
are at least 7500 sq. ft. in area and 50 ft. in width at the building line;
(b) Lots Rendered Substandard by Adoption of Sec. 13-1-32. A lot of record in
the Bayfield County Register of Deeds prior to December 12, 2000 which met all
of the applicable size and dimensional requirements of this ordinance in effect
immediately prior to such date, but which does not meet the applicable size and
dimensional requirements in Sec. 13-1-32 may nonetheless be used as a
building site upon the issuance of a zoning permit, if it meets the following
requirements Substandard lots of record must comply with the following
provisions in order to be used as building sites:
(1) The proposed use of the site is permitted in the zoning district in which it
is located.
(2) All applicable setback requirements of this ordinance and all provisions of
the Bayfield County Sanitary and Private Sewage Ordinance are
complied with.
(c) (e) Building Sites on Substandard Shoreland Lots. A legally created lot ofr
parcel that met minimum area and minimum average width requirements when
created, but does not meet current lot size requirements, may be used as a
building site if all of the following apply:
(1) The substandard lot or parcel was never reconfigured or combined with
another lot or parcel by plat, survey, or consolidation by the owner into
one property tax parcel.
(2) The standard lot or parcel has never been developed with one or more of
its structures placed partly upon an adjacent lot or parcel.
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(3) The substandard lot or parcel is developed to comply with all other
Bayfield County Zoning Ordinance requirements.
(d) (c) Other Substandard Lots. A building permit for the improvement of a lot
having lesser dimensions than those described in subsections (a) and (b) above,
or a shoreland lot having lesser dimensions than those described in subsection
(c) above or in Subsection. 13-1-32(d) of this Ordinance, shall be issued only
after the granting of a variance by the Board of Adjustment.
(e) (d) Common Ownership. If a substandard lot is in common ownership with
abutting lands, the contiguous lots shall be considered a single parcel under the
terms of this ordinance, except for the purposes of paragraph (c), above, and
such substandard lots shall not be transferable unless re-divided to conform to
the provisions of this ordinance and the Bayfield County Subdivision Control
Ordinance. provided that this provision shall not apply to lots described in
subsection (b) above in common ownership of record with abutting lands prior to
December 12, 2000.
Section 1. Subsections (b)(7) and (b)(8) of Section 13-1-28 [Campgrounds and Camping
Resorts; Recreational Vehicles] of Article B [General Provisions] of Chapter 1
[Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield County,
Wisconsin are hereby amended to read as follows:
(7) Where shoreline access is to be provided for any campground or camping resort,
the tree cutting provisions of Section 13-1-23 shall apply, except tha the
maximum clear cut opening shall not exceed fifty (50) feet.
(7) (8) All campgrounds and camping resorts shall conform to the
requirements of Ch. HFS ATCP 178 79, Wis. Adm. Code.
Section 1. Subsections (b)(2), (b)(3) and (b)(4) of Section 13-1-29 [Multiple Unit
Developments] of Article B [General Provisions] of Chapter 1 [Zoning Code] of
Title 13 [Zoning Code of Ordinances], Bayfield County, Wisconsin are hereby
amended to read as follows:
(b) Requirements.
(2) Multiple Unit Developments providing shoreline access to navigable
waters shall meet the requirements of Sec. 13-1-32(e) be at least two
acres in size or have a minimum of 200 feet of frontage on a navigable
water.
(3) Multiple Unit Developments not providing shoreline access to navigable
waters shall have a minimum of 30,000 square feet of open space per
unit, with the following exceptions:
a. In an unincorporated village overlay district the minimum open
space requirement may be reduced to 5,000 per square feet per
unit if adequate public open space is available elsewhere, off-site,
within the district.
b. If the development is to be served by a public sewer system but is
not located in an unincorporated village overlay district, the
minimum open space requirement may be reduced to 15,000
square feet per unit, except that such reduction shall not apply
within the Town of Bayfield.
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c. A Multiple Unit Development in an R-3 zoning district shall have a
minimum open space requirement of two acres (37,120 sq. ft.) per
unit.
d. A Multiple Unit Development in an F-1, A-1, or R-2 zoning district
shall have a minimum open space requirement of 4.5 acres
(196,020 sq. ft.) per unit.
(4) The number of units allowed in an Multiple Unit Development may be
restricted, through the conditional use permit process, to fewer units than
would be allowed under the minimum open space requirements in
paragraph (3), depending on the topographical and natural features of the
property to be developed, adjacent land uses, and the nature of any
unit(s) in the development other than dwelling units, such as a restaurant,
office, conference center, or bar.
Section 1. Subsections (b)(4), (b)(5), (b)(6), (b)(7), (b)(8), (b)(9) and (b)(10) of Section 13-1-
29A [Conservation Subdivisions] of Article B [General Provisions] of Chapter 1
[Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield County,
Wisconsin are hereby amended to read as follows:
(c) Requirements.
(4) Conservation Subdivisions providing shoreline access to navigable
waters shall meet the requirements of Sec. 13-1-32(em). Lots within such
subdivisions shall not be subject to the dimensional requirements of Sec.
13-1-60(a).
(4) (5) Conservation Subdivisions not providing shoreline access to navigable
waters shall not be subject to the minimum area and minimum average
width requirements of Sec. 13-1-60(a) but shall have minimum side and
rear yard setbacks (for both principal and accessory buildings) of ten feet,
and shall have a minimum of 30,000 square feet per developable lot, with
the following exceptions:
e. In an unincorporated village overlay district the minimum area
requirement may be reduced to 5,000 per square feet per
developable lot if adequate public open space is available
elsewhere, off-site, within the district.
f. If the development is to be served by a public sewer system but is
not located in an unincorporated village overlay district, the
minimum area requirement may be reduced to 15,000 square feet
per developable lot, except that such reduction shall not apply
within the Town of Bayfield.
g. A Conservation Subdivision in R-3 zoning district shall have a
minimum of two acres (87,120 sq. ft.) per developable lot.
h. A Conservation Subdivision in an F-1, A-1, or R-2 zoning district
shall have a minimum of 4.5 acres (196,020 sq. ft.) per
developable lot.
(5) (6) The number of units allowed in an Conservation Subdivision may be
restricted, through the conditional use permit process, to fewer units than
would be allowed under the minimum area requirements in paragraph
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(2)(5), depending on the topographical and natural features of the
property to be developed, adjacent land uses, and the nature of any lot(s)
in the subdivision other than dwelling units, such as a restaurant, office,
conference center, or bar.
(6) (7) Open space lots in a Conservation Subdivision shall be legally
protected by recorded conditions of the conditional use permit authorizing
the Subdivision, conservation easement, restrictive covenant, and/or
similar legal arrangement, which shall expressly authorize enforcement
by Bayfield County. Open space shall be within the boundaries of the
lot(s) to be developed except as provided in Subsection. 13-1-29A b(5)(a)
of this Ordinance.
(7) (8) No use shall be allowed in a Conservation Subdivision that is not
allowed (as a permitted, special, or conditional use) under Sec. 13-1-62 in
the zoning district in which the Conservation Subdivision is located.
(8) (9) Conservation Subdivisions shall not be allowed in A-2, of F-2 zoning
districts and Conservation Subdivisions requesting more than three lots
shall not be allowed in A-1 or F-1 zoning districts. More than three lots in
an A-1 or F-1 zoning district shall require a rezone.
(9) (10) If a Conservation Subdivision is to be located in more than one
zoning district, each portion of the subdivision shall be subject to the area
requirements of the zoning district in which it is to be located.
Section 1. Subsections (b) (c) (d) (dg) (e) (em) and (f) of Section 13-1-32 [Inland Lake
Classification and Shoreland Lot Development Requirements] of Article B
[General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code of
Ordinances], Bayfield County, Wisconsin are hereby deleted, Subsections (dm)
(g) and (h) are hereby amended and renumbered and Subsection (d) is hereby
re-created to read as follows:
(b) Inland Lake Lot Requirements.
(1) Except as provided in Section 13-1-26, no land use permit shall be issued
for a lot having frontage on a classified lake unless the lot meets the
following minimum lot requirements, and except as provided in Section
13-1-22(a)(2), (5) and (6), Section 13-1-40, and paragraphs (2) and
subsection (dm) below, any structure thereon shall meet the following
minimum setback requirements for the class in which the lake is included:
(provided that if an applicable zoning district dimensional requirement in
Sec 13-1-60 is more restrictive, it shall apply instead):
Lake Class Class 1 Class 2 Class 3
Lot Area 30,000 sq. ft. 60,000 sq. ft. 120,000 sq. ft.
Shoreline 150 ft. 200 ft. 300 ft.
Frontage
Buildable 3,000 sq. ft. 3,000 sq. ft. 3,000 sq. ft.
Core
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Shoreline 75 ft. 75 ft. 100 ft.
Setback
Shoreline 50 ft. 50 ft. 75 ft.
Vegetation
Protection
Area
Side Yard 10’ min/ 20’ min/ 30’ min/
Setback 40’ min total 50’ min total 60’ total
Rear Yard 10 ft. 20 ft. 30 ft
Setback
(2) If the requirements of subparagraph a below are met, then a principal
structure may be constructed at a minimum setback of 75 feet from a
Class 3 lake if all other applicable provisions of this ordinance are
complied with, provided that such structure shall be subject to Section 13-
1-40(c)(4)d:
a. If a shoreland lot which was legally created prior to December 12,
2000, is less than 150 feet in width, the minimum side yard setback
for structures on such lot shall be the minimum side yard setback
requirement which applied to such lot prior to December 12, 2000.
(c) Lake Superior Lot Requirements. Lots having frontage on Lake Superior and
any improvements thereon shall be subject to the requirements applicable to lots
on Class 1 lakes, except that if a lot has a bank or a bluff fronting the lake, the
top of which is discernible due to evidence of erosion, (including but not limited to
exposes rock), the required shoreline setback shall be 75 feet back from the top
edge of the bank or bluff, and if a lot is located in an area of active or potential
erosion designated on a map entitled Erosion Hazard Areas – Bayfield County, a
greater setback may be required, as determined by the Planning and Zoning
Committee or its duly designated agent, based on projected shoreland recession
rates.
(d) Lots on Rivers and Streams. Lots adjoining or including rivers or streams shall
meet the following minimum requirements (provided that if an applicable zoning
district dimensional requirement in Section 13-1-60 is more restrictive, it shall
apply instead).
(dg)
Lot Area 120,000 sq. ft.
Shoreline Frontage 300 ft.
Shoreline Setback 100 ft.
Buildable Core 3,000 ft.
Rear Yard Setback 30 ft.
Side Yard Setback 30’ min/60’ total
Shoreline Vegetation Protection
Area
75 ft.
View Corridor 30 ft.
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Lots to be developed with Duplexes. Minimum lot area and shoreline frontage
requirements for lots to be developed with duplexes shall be twice the otherwise
applicable requirements.
(b) (dm) Application of Stricter Standards. If more than one requirement with
respect to setback, lot area, or lot dimension applies to a parcel, the most
restrictive requirement(s) shall be applied. If, with respect to a lot subject to
subsection (b), (c), (d), or (dm) above, a greater lot area, lot dimension or
setback greater is required under Sec. 13-1-60 or Sec. 13-1-22, such stricter
requirement shall apply to the lot.
(e) Multiple Unit Developments. Multiple Unit Developments
providing shoreline access to navigable waters shall be subject to the following
minimum requirements:
(1) Table of requirements:
Class 1 Lakes, Lake
Superior Class 2 Lakes Class 3 Lakes,
Rivers, Streams
Shoreline
Frontage
50 feet per unit; 600
feet minimum
100 feet per unit;
800 feet minimum
150 feet per unit;
1,200 feet minimum
Open Space
(except as
provided below)
30,000 square feet
per unit
60,000 square feet
per unit
120,000 square feet
per unit
Open Space in
UVOD
7,500 square feet per
unit
15,000 square feet
per unit
30,000 square feet
per unit
Open Space in
non-UVOD Public
Sewer System
(except Town of
Bayfield)
10,000 square feet
per unit
20,000 square feet
per unit
40,000 square feet
per unit
Open Space in
non-UVOD Public
Sewer System
(Town of Bayfield)
30,000 square feet
per unit
60,000 square feet
per unit
120,000 square feet
per unit
Open Space in R-3 2 acres per unit 2 acres per unit 3 acres per unit
Open Space in F-1,
A-1, and R-2
4.5 acres per unit 4.5 acres per unit 4.5 acres per unit
Shoreline Setback 200 feet 200 feet 225 feet
Lot Line Setbback 10 ft. 20 ft. 30 ft.
Viewing Corridors 20% of frontage 15% of frontage 10% of frontage
Viewing Corridors
Width
Up to 20% of total
with no individual
greater than 30 feet
Up to 15% of total
with no individual
greater than 30 feet
Up to 10% of total
with no individual
greater than 30 feet
(2) The number of units allows in an Multiple Unit Development may be
restricted, through the conditional use permit process, to fewer units than
would be allowed under the minimum open space requirements in
paragraph (1), depending on the topographical and natural features of the
property to be developed, adjacent land uses, and the nature of any
unit(s) in the development other than dwelling units, such as a restaurant
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office, conference center, or bar.
(3) Boats stored and having mooring or dock privileges on navigable waters
shall be only those of the property owners, their guests, and renters of
dwelling units, except for boats at marinas or boat repair facilities. The
maximum capacity for boat storage shall be no more than two times the
number of dwelling units.
(4) There shall be shoreland vegetation protection area, as described in
Section 13-1-23, from the ordinary high water mark to a line 25 feet closer
to the ordinary high water mark than the required shoreline setback. The
combined widths of viewing corridors through a shoreland vegetation
protection area shall not exceed the percentage of total frontage of the
development indicated in the “Viewing Corridors” row under sub. 13-1-
32(e)(1). View corridors shall be subject to the requirements of Sec. 13-1-
23(a)(1)a except that the width requirements of this paragraph shall apply
rather than the width requirements of Sec. 13-1-23(a)(1)a.
(5) Shoreline access corridors shall be located within permitted viewing
corridors, shall be no more than four feet wide, and shall be used for non-
motorized access only, except that one (and only one) motorized access
corridor may be allowed if expressly authorized by the conditional use
permit authorizing the development.
(6) NO part of a limited common element in a condominium development
shall be located within the shoreland vegetation protection area.
(7) If a Multiple Unit Development includes frontage on two or more water
bodies under different classifications, each portion of the development
shall be subject to the requirements of the classification of the water body
upon which it has frontage. The Planning nad Zoning Committee shall
establish division lines between such portions for purposes of
applying this provision. Such lines shall be located in a manner
consistent with the purpose of this ordinance (as stated in Sec. 13-
1-3), taking into consideration the conditional use factors stated in
Sec. 13-1-41(b)(4)a and the classification objectives stated in Sec.
13-1-32(a).
(8) Accessory Structures shall be allowed only as authorized under
Sec. 13-1-22(a) or by the express terms of the conditional use
permit authorizing the Multiple Unit Development.
(em) Conservation Subdivisions. Conservation Subdivisions providing
shoreline access to navigable waters shall be subject to the following
minimum requirements (The meanings of “developable lot” and “open
space lot” are as defined in Sec. 13-1-4(11t) and 47m):
(1) Table of requirements:
Class 1 Lakes, Lake
Superior Class 2 Lakes Class 3 Lakes,
Rivers, Streams
Shoreline
Frontage
50 feet per
developable lot; 600
feet minimum
100 feet per per
developable lot;
800 feet minimum
150 feet per
developable lot;
1,200 feet minimum
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Area (except as
provided below)
30,000 square feet
per developable lot
60,000 square feet
per developable lot
120,000 square feet
per developable lot
Area in UVOD 7,500 square feet per
developable lot
15,000 square feet
per developable lot
30,000 square feet
per developable lot
Area in non-UVOD
Public Sewer
System (except
Town of Bayfield)
10,000 square feet
per developable lot
20,000 square feet
per developable lot
40,000 square feet
per developable lot
Area in non-UVOD
Public Sewer
System (Town of
Bayfield)
30,000 square feet
per developable lot
60,000 square feet
per developable lot
120,000 square feet
per developable lot
Area in R-3 2 acres per
developable lot
2 acres per
developable lot
3 acres per
developable lot
Area in F-1, A-1,
and R-2
4.5 acres per
developable lot
4.5 acres per
developable lot
4.5 acres per
developable lot
Shoreline Setback 200 feet 200 feet 225 feet
Lot Line Setbback 10 ft. 20 ft. 30 ft.
Viewing Corridors 20% of frontage 15% of frontage 10% of frontage
Viewing Corridors
Width
Up to 20% of total
with no individual
greater than 30 feet
Up to 15% of total
with no individual
greater than 30 feet
Up to 10% of total
with no individual
greater than 30 feet
(2) The number of developable lots allowed in an Conservation Subdivision
may be restricted, through the conditional use permit process, to fewer
lots than would be allowed under the minimum open space requirements
in paragraph (1), depending on the topographical and natural features of
the property to be developed, adjacent land uses, and the nature of any
lot in the subdivision improved with a unit other than a dwelling unit, such
as a restaurant, office, conference center, or bar.
(3) Boats stored and having mooring or dock privileges on navigable waters
shall be only those of the property owners, their guests, and renters of
dwelling units on the lots. The maximum capacity for boat storage shall
be no more than two times the number of dwelling units.
(4) There shall be shoreland vegetation protection area, as described
in Section 13-1-23, from the ordinary high water mark to a line 25
feet closer to the ordinary high water mark than the required
shoreline setback. The combined widths of viewing corridors
through a shoreland vegetation protection area shall not exceed the
percentage of total frontage of the division indicated in the “Viewing
Corridors” row under sub. 13-1-32(em)(1). View corridors shall be
subject to the requirements of Sec. 13-1-23(a)(1)a except that the
width requirements of this paragraph shall apply rather than the
width requirements of Sec. 13-1-23(a)(1)a.
(5) The shoreland vegetation protection area shall be platted, owned
and protected as one open-space lot.
(6) Notwithstanding Sec. 13-1-31, an open space lot in a Conservation
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Subdivision with frontage on navigable waters and owned in common by
owners of developable lots within the subdivision may be used by such
owners for access to the navigable waters, provided that access corridors
shall be located within permitted viewing corridors, shall be no more than
four feet wide, and shall be used for non-motorized access only, except
that one (and only one) motorized access corridor may be allowed if
expressly authorized by the conditional use permit authorizing the
subdivision.
(7) If a Conservation Subdivision includes frontage on two or more water
bodies under different classifications, each portion of the subdivision shall
be subject to the requiremetns of the classification of the water body upon
which is has frontage. The Planning and Zoning Committee shall
establish division lines between such portions for purposes of applying
this provision. Such lines shall be located in a manner consistent with the
purpose of this ordinance (as stated in Sec. 13-1-3), taking into
consideration the conditional use factors stated in Sec. 13-1-41(b)(4)a
and the classification objectives stated in Sec. 13-1-32(a).
(8) Accessory Structures shall be allowed only as authorized under Sec. 13-
1-22(a) or by the express terms of the conditional use permit authorizing
the Conservation Subdivision.
(f) Shoreland Lighting.
(1) All outdoor lighting on shoreland lots which is within 300 feet of the
ordinary high water mark shall meet the following requirements:
a. Lighting shall be controlled so as not to shine up into the sky or
onto any neighboring property or onto navigable waters. This may
be accomplished by use of fully shielded cut-off fixtures, directing
light fixtures downward rather than upward, or by other similarly
effective means.
b. Where lighting is for security purposes or to illuminate walkways,
roadways, equipment yards or parking lots, only fully shielded cut-
off style light fixtures shall be used.
c. All illuminated signs for commercial purposes visible from
navigable waters shall be turned off between 11:00 p.m. and
sunrise except that signs may be illuminated while the business
facility is open to the public.
d. All forms of flashing, rotating, or moving lights shall be prohibited.
(2) The above requirements shall apply immediately to all lighting installed
after September 25, 2001, and must be complied with no later than
September 25, 2006, with respect to any lighting in existence as of
September 25,2 2001.
(3) The provisions of this subsection shall not apply to seasonal holiday
lighting.
(g)(c) Impervious Surface Standards. The construction, reconstruction, expansion,
replacement or relocation of any impervious surface within 300 feet of the
ordinary high-water mark of any navigable waterway must meet the following
requirements: For any riparian lot or parcel and any non-riparian lot or parcel
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located entirely within 300 feet of the ordinary high water mark of any navigable
waterway, the construction, reconstruction, expansion, replacement or relocation
of any impervious surface must meet the following requirements:
(1) Lots or Parcels with 15% or Less Impervious Surface: Up to 15% of
the portion of a lot or parcel that is within 300 feet of the ordinary high-
water mark may consist of impervious surface without the need for
mitigation.
(2) Lots or Parcels with More than 15% but no More than 30%
Impervious Surface: Between 15% and 30% of the portion of a lot or
parcel that is within 300 feet of the ordinary high-water mark may consist
of impervious surface provided that the landowner obtains a permit and
provided that the mitigation measures of Sec. 13-1-40, subsection (f)
paragraph (11) (9) of this Ordinance shall apply.
(3) Lots or Parcels with More than 30% Impervious Surface. No more than
30% of the portion of a lot or parcel that is within 300 feet of the ordinary
high-water mark may consist of impervious surface.
(4) (3) Existing Impervious Surfaces: For existing impervious surfaces that
were lawfully placed when constructed but that do not comply with the
standards in paragraphs (1) through (3) and (2) above, the property
owner may do any of the following:
a. Maintenance and repair of all impervious surfaces;
b. Replacement of existing impervious surfaces with similar surfaces
within the existing building envelope;
c. Relocation or modification of existing impervious surfaces with
similar or different impervious surfaces, provided that the
relocation or modification does not result in an increase in the
percentage of impervious surface that existed at the effective date
of the Bayfield County Shoreland Zoning Ordinance, and meets
the applicable setback requirements in s. NR 115.05 (1)(b),
Wisconsin Administrative Code.
(4) Treated Impervious Surfaces: Impervious surfaces that can be
documented to show they meet either of the following standards shall be
excluded from the impervious surface calculations.
a. The impervious surface is treated by devices such as stormwater
ponds, constructed wetlands, infiltration basins, rain gardens,
bio-swales or other engineered systems.
b. The runoff from the impervious surface discharges to an
internally drained pervious area that retains the runoff on or
off the parcel and allows infiltration into the soil.
(5) Calculation of percentage of impervious surface: Percentage of
impervious surface shall be calculated by dividing the surface area of the
existing and proposed impervious surfaces on the portion of a lot or parcel
that is within 300 feet of the ordinary high-water mark by the total surface
area of that lot or parcel, and multiplied by 100.
(d) For the Town of Pilsen. The following minimum lot sizes in the shoreland area
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shall apply:
(1) Sewered lots: the minimum lot area shall be 10,000 square feet and the
minimum average lot width shall be 65 feet.
(2) Unsewered lots: the minimum lot area shall be 20,000 square feet and
the minimum average lot width shall be 100 feet.
(e) (h) Relationship to Other Provisions. Subsection (b) through (f) and (c) above
are subject to the provisions of Section. 13-1-22(a) (modifying setbacks for
certain structures), Section. 13-1-26 (pertaining to substandard lots of record),
and Section. 13-1-40 (pertaining to nonconforming uses and structures) of this
Ordinance.
Section 1. Subsections (a) (b) (f) and (h) of Section 13-1-40 [Nonconforming Uses and
Structures] of Article C [Nonconforming Uses and Structures: Special and
Conditional Uses; Environmental Impact Analysis; Handicap-Disability Permits] of
Chapter 1 [Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield
County, Wisconsin are hereby amended, Subsection (g) is hereby deleted and
recreated, and Subsection (i) is hereby created to read as follows:
(a) General Provision. The lawful use of a building, structure or property which
existed at the time this Chapter, or an applicable amendment to this Chapter,
took effect and which is not in conformity with the provisions of this Chapter,
including the routine maintenance of such a building or structure, may be
continued, subject to subsections (b) – (h) (j).
(b) Definitions. In this section, the following terms are defined as follows:
(1) “Impervious Surface.” An area that releases as runoff all or a majority of
the precipitation that falls on it. “Impervious surface” excludes, among
other things, frozen soil and decks that have at least a ¼ inch space
between deck boards with a pervious surface below. “Impervious surface”
includes, among other things, rooftops, sidewalks, driveways, parking
lots, streets, shingles, concrete and asphalt.
(1) (2) “Nonconforming Use” means a use of land, a dwelling, or a building
that existed lawfully before the current zoning ordinance was enacted or
amended, but that does not conform with the use restrictions in the
current ordinance.
(2) (3) “Nonconforming Structure” means a dwelling or other building,
structure or accessory building that existed lawfully before the current
zoning ordinance was enacted or amended, but that does not conform
with one or more of the development regulations in the current zoning
ordinance.
(f) Shoreland Nonconforming Structures.
(1) Shoreland Setback. Except as provided in paragraphs (f)(5) (f6) and
(f)(6a) above, (f)(4), (f)(5a) and (f)(5b) below, a setback of seventy-five
(75) feet from the ordinary high-water mark of any navigable waters to the
nearest part of a building or structure shall be required for all buildings
and structures.
(2) Nonconforming Structures Located Less than Thirty-five (35) Feet
from the Ordinary High Water Mark. With respect to such sStructures
233
located less than thirty-five (35) feet from the ordinary high water mark
may be rebuilt, maintained, repaired, replaced, restored or remodeled
within its footprint or expanded vertically, provided that:
a. An existing structure that was lawfully placed when constructed
but that is located within the shoreland setback may be
maintained and repaired within its existing building envelope.
Such internal improvements may be constructed without a land
use permit.
b. Maintenance and repair includes such activities as interior
remodeling, plumbing, insulation, and replacement of windows,
doors, siding or roof. A flat roof may be replaced with a pitched
roof subsequent to a land use permit and mitigation applies.
c. Repair or replacement of a foundation is considered maintenance
and repair if:
1. The foundation is repaired or replaced to the size,
including the footprint and total square footage and
location that it had before the repair or replacement; and
2. If there is repair or replacement of 25% or more of the
lineal perimeter of the foundation, the owner obtains a
permit and complies with mitigation requirements under
paragraph (11) below.
d. Repair or replacement of a foundation or wall(s) which requires
any land disturbance in the vegetation protection area shall
require a land use permit and the mitigation requirements of
paragraph (11) below are complied with.
a. The resulting structure shall not exceed thirty-five (35) feet in
height, as defined in Ch. NR 115.05(1)(f), Wisconsin
Administrative Code.
b. All other provisions of the Bayfield County Shoreland Zoning
Ordinance shall be met.
c. If a nonconforming use of the structure has been discontinued for
a period of twelve (12) months or more, any further use of the
structure shall conform to this chapter.
d. A lateral expansion is allowed to that portion of any structure that
is beyond 75 feet of the ordinary high water mark, provided the
owner obtains a land use permit.
(3) Nonconforming Structures Located Thirty-five (35) Feet or More but
less than Seventy-five (75) Feet from the Ordinary High Water Mark.
A nonconforming structure located thirty-five (35) or more feet but less
than seventy-five (75) feet from the ordinary high water mark may be
rebuilt within its existing building envelope, expanded vertically, or
expanded laterally provided that:
a. The resulting structure shall not exceed thirty-five (35) feet in
height, as defined in Ch. NR 115.05(1)(f), Wisconsin
Administrative Code.
234
b. The property owner obtains a land use permit.
c. All other provisions of the Bayfield County Shoreland Zoning
Ordinance shall be met.
d. If use of the structure a nonconforming use of the structure has
been discontinued for a period of twelve (12) months or more, any
further use of the structure shall conform to this chapter.
e. The lateral expansion is to a principal structure, is limited to a
maximum of 200 square feet over the life of the structure, and no
portion of the expansion is closer to the ordinary high-water mark
than the closes point of the existing principal structure. However,
the property owner must fulfil the mitigation requirements of
paragraph (g) below.
f. A lateral expansion is allowed to that portion of any structure that
is beyond 75 feet of the ordinary high water mark, provided the
owner obtains a land use permit.
(4) Nonconforming Structures Located Seventy-five (75) Feet or More
from the Ordinary High Water Mark Expansion of a Nonconforming
Structure beyond the 75’ setback. Except as provided in subs.
paragraph (f) paragraphs subs. (5), (6a) and (6b) (5a) and (5b) below, an
existing structure that was lawfully placed when constructed but that does
not comply with the required building setback under paragraph (f)(1) may
be expanded horizontally, landward or vertically provided that the
expanded area meets the building setback requirements in paragraph
(f)(1) and that all other provisions of the Bayfield County Shoreland
Zoning Ordinance are met.
(5) Nonconforming Structures Located on Class 3 Lakes or on Lots
Adjoining or Including Rivers or Streams. Nonconforming principal
buildings and structures located on lots on Class 3 lakes which are set
back at least seventy-five (75) feet but less than one hundred (100) feet
from the ordinary high water mark and nonconforming principal buildings
and structures located on lots adjoining or including rivers or streams
which are set back at least seventy-five (75) feet but less than one
hundred (100) feet from the ordinary high water mark, may be improved
and expanded upon the issuance of a land use permit to the same extent
as if they were conforming structures provided that:
a. The mitigation requirements of paragraph (11) below are complied
with; and
b. Any addition is located no closer to the ordinary high water mark
than the existing structure; and
c. If use of the structure has been discontinued for a period of twelve
(12) months or more, any further use of the structure shall
conform to this chapter.
(6) (5) Additional Requirements for Nonconforming Buildings and Structures in
Planned Unit Developments and Other Multiple Unit Developments.
a. General Setback Requirements. Buildings and structures in
planned unit developments, condominium developments, or other
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developments, including multiple unit dwellings, hotels, motels or
resorts, which are nonconforming with respect to shoreline
setback shall be subject to the provisions of Sec. 13-1-40 (f) (1),
(2) and (3) above, except that:
2. 13-1-40(f)(3) shall apply to such structures located thirty-
five (35) or more feet but less than two hundred (200) feet
from the ordinary high water mark.
3. 1. The expansions and improvements permitted under said
provisions shall be permitted even if the development is
nonconforming with respect to open space requirements.
3. Mitigation measures described in 13-1-40(f) (11) (9) d. 1, 2,
and 3 shall be applied to the percentage of a
development’s shoreline equal to the percentage interest
in the development owned by the owner of the expanded
structure, either in front of the expanded structure or
spread out over other portions of the shoreline.
b. Lots in Planned Unit Developments. A non-riparian lot may be
created provided that:
1. A plat or certified survey map including that lot within the
planned unit development has been approved and
recorded by the county;
2. The planned unit development contains at least two (2)
acres or two hundred (200) feet of frontage; and
3. The reduced non-riparian lot sizes are allowed in
exchange for larger shoreland buffers and setbacks on
those lots adjacent to navigable waters that are
proportional to and offset the impacts of the reduced lots
on habitat, water quality and natural scenic beauty.
(6a)(6) Additional Requirements for Certain Nonresidential Buildings on
Shoreland Lots. A nonconforming building or portion thereof which is not
used for human habitation or a use ancillary thereto is subject to the
provisions of subs. paragraph (f) sections (1-4).
(7) Replacement or Relocation of Nonconforming Principle Structure.
An existing principal structure that was lawfully placed when constructed
but that does not comply with the required building setback under
paragraph (f) (1) may be replaced or relocated on the property provided
all of the following requirements are met:
a. The use of the structure has not been discontinued for a period of
twelve (12) months or more if a nonconforming use.
b. The existing principle structure is at least thirty-five (35) feet from
the ordinary high-water mark.
c. No portion of the relocated structure is located any closer to the
ordinary high-water mark than the closest point of the existing
principal structure.
236
d. The county determines that no other location is available on the
property to build a structure of a comparable size to the structure
proposed for relocation that will result in compliance with the
shoreland setback requirement in subs. (f) paragraph (f)(1).
e. The mitigation requirements of paragraph (11) paragraph (g)
below are complied with if the relocated structure is the principle
structure.
f. All other provisions of the Bayfield County Shoreland Zoning
Ordinance shall be met.
(9) Class 2 or Class 3 Lakeshore Lots with Side Yard Setbacks. A
building or structure located on a Class 2 or Class 3 lakeshore lot which is
greater than ten (10) feet from a side yard setback but less than the
distance from a side yard boundary required under Section 13-1-32(b)(1),
and which is a nonconforming structure solely for that reason, may be
improved and expanded upon the issuance of a land use permit to the
same extent as if it were a conforming structure, provided that:
a. The use of the structure has not been discontinued for a period of
twelve (12) months or more.
b. The addition or expansion does not increase the nonconformity.
(10) (8) Compliance with Most Restrictive Zone Standards. Nonconforming
buildings and structures which are located in more than one setback zone
shall comply with the standards of the more restrictive zone.
(g) (11) Mitigation Measures. As specified in the following provisions, the objective
of these mitigation requirements is to compensate for adverse environmental
effects when development is permitted to occur within designated shoreline
setback areas. The mitigation measures shall be proportional to the amount and
impacts of the activity being permitted. In some circumstances, a storm water
management plan may be the only and most critical proportional mitigation
measure. A site plan and implementation schedule describing any required
mitigation shall be submitted by the property owner or owner’s authorized agent
and approved by the Planning and Zoning Department Agency and/or Land and
Water Conservation Department prior to issuance of the related land use
permit(s). When the amount and impact of the activities being permitted merit
mitigation measures beyond a storm water management plan, the M mandatory
mitigation measures shall include:
(1) a. Evaluation and upgrading of any existing sanitary system on the
subject property to comply with COM SPS 383, Wis. Adm. Code,
and the Bayfield County Sanitary and Private Sewage Ordinance.
(2) b. Implementation of erosion and storm water runoff control
measures in accordance with best management practices.
(3) c. The obligations of the property owner under the mitigation plan
shall be evidenced by an instrument recorded in the office of the
Bayfield County Register of Deeds.
c. The mitigation measures shall be proportional to the amount and
impacts of the activity being permitted. In some circumstances, a
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storm water management plan may be the only and most critical
proportional mitigation measure.
(6) e. Accumulating at least four (4) points from among the following
proposed or current practices:
a. 1. Restoration or maintenance of a shoreline vegetation protection
area within twenty-five (25) feet of the ordinary high water mark
(OHWM) (1 point).
b. 2. Restoration or maintenance of a shoreline vegetation protection
area within forty (40) feet of the OHWM (2 points).
c. 3. Restoration or maintenance of a shoreline vegetation protection
area within seventy-five (75) feet of the OHWM (3 points).
d. 4. Restoration of native vegetation along both side yards (1 point).
e. 5. Removal of nonconforming accessory buildings from the shore
setback area (1 point per building)
f. 6. Use of exterior building materials or treatments that are
inconspicuous and blend with the natural setting of the site (1/2
point).
7. Compliance with Sec. 13-1-32(g) shoreland lighting requirements
(1/2 point)
g. 8.Other practices agreed upon by the Zoning Department Agency
(seawall removal, removal of excessive dockage and mooring,
removal of artificial sand beaches, etc.) (Points as determined by
the Zoning Department Agency).
(8) (h) Wetland and Stream Setbacks. A nonconforming building or structure
whose only nonconformity is its setback from a wetland not adjoining or
constituting a part of a navigable water or from an intermittent stream may
be improved and expanded upon the issuance of a land use permit to the
same extent as if it were a conforming structure provided that:
(1) a. The use of the structure has not been discontinued for a period of
twelve (12) months or more.
(2) b. The addition or expansion does not increase the nonconformity.
(g) Damaged or Destroyed Nonconforming Structures. Nonconforming buildings
and structures that are damaged or destroyed by a natural event, including, but
not limited to, violent wind, vandalism, fire, flood, ice, snow, mold, or infestation
may be reconstructed provided that:
(1) The use of the building or structure which is nonconforming as to
shoreland zoning provisions was not discontinued for a period of twelve
(12) months or more;
(2) Repair and reconstruction shall be limited to that part of a structure and
its specific improvements which are actually damaged or destroyed by a
natural event and similar building material shall be utilized;
(3) The owner has the burden to establish that the damage or destruction to
a nonconforming structure or part thereof was actually caused by a
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natural event and to establish the specific extent to which said damage or
destruction occurred;
(4) The structure or part thereof that has actually been damaged or
destroyed shall be reconstructed to the size, including the footprint and
total square footage, location, and use that it had immediately before the
damage or destruction occurred; subject to paragraph (6);
(5) The owner shall bear the burden of proof as to the size, location, and use
of a damaged or destroyed nonconforming structure or part thereof
immediately before the damage or destruction occurred;
(6) The size of the nonconforming structure can be larger than the size it was
when immediately before the damage or destruction only if it is necessary
to comply with applicable local, state or federal requirements;
(7) Repair and reconstruction shall be in compliance with all other provisions
of applicable ordinances; and
(8) Damage which is due to an intentional act of the owner or his or her agent
may only be repaired in conformity with this Chapter; and
(9) The mitigation requirements of paragraph (f)(11) above shall applyl to
nonconforming structures located within the shorelands.
(10) If the structure is a non-shoreland nonconforming structure, itw as
damaged or destroyed on or after March 2, 2006; and
(11) If the structure is a shoreland nonconforming structure, it was damaged or
destroyed on or after October 14, 1997
(i) (h) Impervious Surface Standards. The construction, reconstruction, expansion,
replacement or relocation of any impervious surface within 300 feet of the
ordinary high-water mark of any navigable waterway must meet the following
requirements:
(1) Lots or Parcels with 15% or Less Impervious Surface. Up to 15% of the
portion of a lot or parcel that is within 300 feet of the ordinary high-water
mark may consist of impervious surface without the need for mitigation.
(2) Lots or Parcels with More than 15% but no More than 30% Impervious
Surface. Between 15% and 30% of the portion of a lot or parcel that is
within 300 feet of the ordinary high-water mark may consist of impervious
surface provided that the landowner obtains a permit and provided that the
mitigation measures of paragraph (g) shall apply.
(3) Lots or Parcels with More than 30% Impervious Surface. No more than
30% of the portion of a lot or parcel that is within 300 feet of the ordinary
high-water mark may consist of impervious surface.
(4)(1) Existing Impervious Surfaces. For existing impervious surfaces that
were lawfully placed when constructed but that do not comply with the
standards in paragraphs (1) through (3) and (2) above, the property
owner may do any of the following:
a. Maintenance and repair of all impervious surfaces;
b. Replacement or modification of existing impervious surfaces with
similar surfaces within the existing building envelope;
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c. Relocation or modification of existing impervious surfaces with
similar or different impervious surfaces, provided that the
relocation or modification does not result in an increase in the
percentage of impervious surface that existed at the effective date
of the Bayfield County Shoreland Zoning Ordinance, and meets
the applicable setback requirements in s. NR 115.05 (1)(b),
Wisconsin Administrative Code.
(3) Treated Impervious Surfaces: Impervious surfaces that can be
documented to show they meet either of the following standards shall be
excluded from the impervious surface calculations.
a. The impervious surface is treated by devices such as stormwater
ponds, constructed wetlands, infiltration basins, rain gardens, bio-
swales or other engineered systems.
b. The runoff from the impervious surface discharges to an internally
drained pervious area that retains the runoff on or off the parcel
and allows infiltration into the soil.
(i) MAINTENANCE, REPAIR, REPLACEMENT OR VERTICAL EXPANSION OF
STRUCTURES THAT WERE AUTHORIZED BY VARIANCE. A structure of
which any part has been authorized to be located within the shoreland setback
area by a variance granted before July 13, 2015 may be maintained, repaired,
replaced, restored, rebuilt or remodeled if the activity does not expand the
footprint of the authorized structure. Additionally, the structure may be vertically
expanded unless the vertical expansion would extend more than 35 feet above
grade level. Expansion beyond the existing footprint may be allowed if the
expansion is necessary to comply with applicable state or federal requirements.
Section 1. Subsections (b)(1a) of Section 13-1-41 [Conditional Uses] of Article C
[Nonconforming Uses and Structures: Special and Conditional Uses;
Environmental Impact Analysis; Handicap-Disability Permits] of Chapter 1
[Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield County,
Wisconsin are hereby created to read as follows:
(b) Procedures
(1a) In the shoreland, the Planning and Zoning Department Agency shall send
written notice to the appropriate office of the Department of Natural
Resources at least 10 days prior to any hearing on a proposed variance,
special exception or conditional use permit, appeal for a map or text
interpretation, map or text amendment, and copies of all proposed land
divisions submitted to the county for review and shall also send the same
office copies of any decision on a variance, special exception or
conditional use permit, or appeal for a map or text interpretation, and any
decision to amend a map or text of an ordinance.
Section 1. Subsection (n) of Section 13-1-61 [Zoning Districts] of Article D [Zoning Districts]
of Chapter 1 [Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield
County, Wisconsin are hereby amended to read as follows:
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(n) S-W Shoreland-Wetland. The Shoreland-Wetland Overlay District is created to
accomplish the objectives contained in Ch. NR 115, Wis. Adm. Code, and Title
13, Chapter 3 of this Code of Ordinances. This district, delineated on the final
Wisconsin Wetlands Inventory Maps for Bayfield County, shall supersede all
zoning districts previously mapped prior to the adoption of Title 13, Chapter 3.
This district is based on the most recent version of the Wisconsin Wetland
Inventory prepared by the Wisconsin Department of Natural Resources and
reflected on the Surface Water Data Viewer.
(d) Requirements.
(5) Multiple Unit Developments providing shoreline access to navigable
waters shall meet the requirements of Sec. 13-1-32(e) be at least two
acres in size or have a minimum of 200 feet of frontage on a navigable
water.
(6) Multiple Unit Developments not providing shoreline access to navigable
waters shall have a minimum of 30,000 square feet of open space per
unit, with the following exceptions:
i. In an unincorporated village overlay district the minimum open
space requirement may be reduced to 5,000 per square feet per
unit if adequate public open space is available elsewhere, off-site,
within the district.
j. If the development is to be served by a public sewer system but is
not located in an unincorporated village overlay district, the
minimum open space requirement may be reduced to 15,000
square feet per unit, except that such reduction shall not apply
within the Town of Bayfield.
k. A Multiple Unit Development in an R-3 zoning district shall have a
minimum open space requirement of two acres (37,120 sq. ft.) per
unit.
l. A Multiple Unit Development in an F-1, A-1, or R-2 zoning district
shall have a minimum open space requirement of 4.5 acres
(196,020 sq. ft.) per unit.
(7) The number of units allowed in an Multiple Unit Development may be
restricted, through the conditional use permit process, to fewer units than
would be allowed under the minimum open space requirements in
paragraph (3), depending on the topographical and natural features of
the property to be developed, adjacent land uses, and the nature of any
unit(s) in the development other than dwelling units, such as a
restaurant, office, conference center, or bar.
Section 1. Subsection (e)(2)a. of Section 13-1-102 [Board of Adjustment] of Article F
[Administration and Enforcement] of Chapter 1 [Zoning Code] of Title 13 [Zoning
Code of Ordinances], Bayfield County, Wisconsin are hereby amended to read
as follows:
(e) Board Powers. The Board of Adjustment shall have the following powers and
duties:
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(2) Where, owing to special conditions, a literal enforcement of the provisions
of this ordinance will result in unnecessary hardship, the Board of
Adjustment shall have the power, to authorize on appeal in specific cases
variances from the terms of this Chapter that will not be contrary to the
public interest and so that the spirit of this Chapter shall be observed and
substantial justice done. Variances shall comply with the following
requirements:
a. The hardship which serves as a basis for the granting of a
variance shall be peculiar unique to the particular parcel of land in
question.
Section 1. of Section 13-3-1 [Statutory Authorization] of Article A [Statutory Authorization;
Findings of Fact; Statement of Purpose and Title] of Chapter 3 [Shoreland and
Wetland Zoning] of Title 13 [Zoning Code of Ordinances], Bayfield County,
Wisconsin is hereby amended to read as follows:
Sec. 13-3-1 Statutory Authorization.
This Chapter is adopted pursuant to the authorization in Secs. 59.97, 59.99, 87.30 and 144.26,
Wis. Stats. 59.69 WI Stats., to implement 59.692 and 281.31, WI Stats.
Section 1. Sections 13-3-11 [Municipalities and State Agencies Regulated], Section 13-3-12
[Abrogation and Greater Restrictions] and Section 13-3-13 [Interpretation] of
Article B [General Provisions] of Chapter 3 [Shoreland and Wetland Zoning] of
Title 13 [Zoning Code of Ordinances], Bayfield County, Wisconsin are hereby
deleted and Section 13-3-14 [Severability] is hereby amended to read as follows:
Sec. 13-3-11 Municipalities and State Agencies Regulated.
Unless specifically exempted by law, all cities, villages, town and countries are required to
comply with this Chapter and obtain all necessary permits. State agencies are required to
comply if Section 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance
and repair of state highways and bridges by the Wisconsin Department of Transportation are
exempt when Section 30.12(4)(a), Wis. Stats., applies.
Sec. 13-3-12 Abrogation and Greater Restrictions.
The provisions of this Chapter supersede all the provisions of any County zoning ordinance
adopted under Sec. 59.97, Wis. Stats., which relate to shoreland-wetlands. However, where an
ordinance adopted under a statue other than Sec. 59.97, Wis. Stats., is more restrictive than
this Chapter, that ordinance shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise effect:
(a) This Chapter shall not require approval or be subject to disapproval by any town
board.
(b) If an existing town ordinance relating to shoreland-wetlands is more restrictive
than this Chapter or any amendments thereto, the town ordinance continues in
all respects to the extent of the greater restrictions but not otherwise.
(c) This Chapter is not intended to repeal, abrogate or impair any existing deed
restrictions, covenants or easements. However, where this Chapter imposes
greater restrictions, the provisions of this Chapter shall prevail.
Sec. 13-3-13 Interpretation.
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In their interpretation and application, the provisions of this Chapter shall be held to be minimum
requirements and shall be liberally construed in favor of the municipality and shall not be
deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a
provision of this Chapter is required by a standard in Ch. NR 117, Wis. Adm. Code, and where
the Chapter provision is unclear, the provisionshall be interpreted in light of the Chapter NR 117
standards in effect on the date of the adoption of this Chapter or in effect on the date of the
most recent text amendment to this Chapter.
Sec. 13-3-14 13-3-11 Severability.
Should any portion of this Chapter be declared invalid or unconstitutional for any reason by a
court of competent jurisdiction, the remainder of the Chapter shall not be affected.
Sec. 13-3-14 13-3-12 through Sec. 13-3-19 Reserved for Future Use.
Section 1. Sections 13-3-20 [Official Shoreland-Wetland Zoning Maps] of Article C
[Shoreland-Wetland Zoning District] of Chapter 3 [Shoreland and Wetland
Zoning] of Title 13 [Zoning Code of Ordinances], Bayfield County, Wisconsin is
hereby amended to read as follows:
Sec. 13-3-20 Official Shoreland-Wetland Zoning Maps.
The following maps are hereby adopted and made a part of this Chapter and are in the office of
the Bayfield County Planning and zoning Department:
(a) Wisconsin Wetland Inventory map stamped “Final” on March, 1985.
(b) United States Geographical Survey Quadrangle Maps for Bayfield County.
(c) U.S.D Department of Housing and Urban Development’s Flood Hazard Boundary
Map for Bayfield County dated September 2, 1977.
This district shall include all shorelands within the jurisdiction of this ordinance which are
designated as wetlands on the most recent version of the Wisconsin Wetland Inventory as
depicted on the Department of Natural Resources Surface Water Data Viewer.
Section 1. Subsections (b), (c) and (d) of Section 13-3-21 [District Boundaries] of Article C
[Shoreland-Wetland Zoning District] of Chapter 3 [Shoreland and Wetland
Zoning] of Title 13 [Zoning Code of Ordinances], Bayfield County, Wisconsin are
hereby amended to read as follows:
Sec. 13-3-21 District Boundaries
(b) Designation. This District shall include all shorelands within the jurisdiction of
this Chapter which are wetlands on the most recent version of the Wisconsin
Wetland Inventory as Depicted on the Department of Natural Resources Surface
Water Data Viewer. of five (5) acres or more (excluding point symbols) and which
are shown on the Wisconsin Wetland Inventory Maps that are adopted and made
part of this Chapter. A portion of a wetland which is less than five (5) acres in
size, and which is located in the unincorporated shoreland area within the
County, shall be included in the Shoreland-Wetland District where the wetland as
a whole is five (5) acres or larger, but extends across the County boundary or
across the shoreland limits, so that the wetland is not regulated in its entirety by
the County.
(c) Determinations of Navigability. Determinations of navigability and ordinary
high-water mark shall initially be made by the Planning and Zoning Department.
When questions arise, the Planning and Zoning Department shall contact the
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appropriate district office of the Department for the final determination of
navigability or ordinary high-water mark.
(c) (d) Discrepancies. When an apparent discrepancy exists between the
shoreland-wetland district boundary shown on the Wisconsin Wetland Inventory
official shoreland-wetland zoning maps and the actual field conditions at the time
the maps were adopted, the Planning and Zoning Department Agency shall
contact the appropriate district office of the Department to determine if the
shoreland-wetland district boundary as mapped map is in error. If the Department
staff concurs with the Planning and Zoning Department determines that a
particular area was incorrectly mapped as a wetland or meets the wetland
definition but was not shown as a wetland on the map, the Planning and Zoning
Department Agency shall have the authority to immediately grant or deny a land
use or building permit in accordance with the applicable regulations based on the
Department determination as to whether the area is wetland. regulations
applicable to the correct zoning district. The Planning and Zoning Department
shall initiate a shoreland-wetland map amendment within a reasonable period in
order to correct these mapping discrepancies. In order to correct wetland
mapping errors on the official zoning map, an official zoning map amendment
must be initiated within a reasonable period of time.
Section 1. Subsections (a), (b) and (c) of Section 13-3-22 [Permitted Uses] of Article C
[Shoreland-Wetland Zoning District] of Chapter 3 [Shoreland and Wetland
Zoning] of Title 13 [Zoning Code of Ordinances], Bayfield County, Wisconsin are
hereby amended to read as follows:
Sec. 13-3-22 Permitted Uses
The following uses shall be allowed, subject to general shoreland zoning regulations contained
in this Chapter, subject to the provisions of Chapters.30 and 31, Wis. Stats., and the provisions
of other local, state and federal laws, if applicable:
(a) No Wetland Alteration. Activities and uses which do not require the issuance of a
zoning permit, but which must be carried out without any filling, flooding, draining,
dredging, ditching, tiling or excavating except as allowed under Subsections (b)
or (c) below:
(1) Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;
(2) The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice,
berries, tree fruits and tree seeds, in a manner that is not injurious to the
natural reproduction of such crops;
(3) The practice of silviculture, including the planting, thinning and harvesting
of timber;
(4) The pasturing of livestock;
(5) The cultivation of agricultural crops; and
(6) The construction and maintenance of duck blinds.
(b) Wetland Alteration Restricted. Uses which do not require the issuance of a
zoning permit and which may include limited filling, flooding, draining, dredging,
ditching, tiling or excavating but only to the extent specifically provided below:
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(1) Temporary water level stabilization measures necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact on
sylvicultural activities if not corrected;
(2) The cultivation of cranberries including flooding, dike and dam
construction or ditching necessary for the growing and harvesting of
cranberries;
(3) The maintenance and repair of existing agricultural drainage systems
where permissible by Sec. 30.20, Wis. Stats., including ditching, tiling,
dredging, excavating and filling necessary to maintain the level of
drainage required to continue the existing agricultural use. This includes
the minimum filling necessary for disposal of dredged spoil adjacent to
the drainage system provided the filling is permissible by Ch. 30, Wis.
Stats., and that dredged spoil is placed on existing spoil banks where
possible;
(4) The construction and maintenance of fences for the pasturing of livestock,
including limited excavating and filling necessary for such construction or
maintenance;
(5) The construction and maintenance of piers, docks and walkways,
observation decks and trail bridges built on pilings, including limited
excavating and filling necessary for such construction or maintenance;
and
(6) The maintenance, repair, replacement and reconstruction of existing town
and county highways and bridges, including limited excavating and filling
necessary for such maintenance, repair, replacement or relocation.
(c) Permit Required. Uses which are allowed upon the issuance of a zoning permit
and which may include wetland alterations only to the extent specifically provided
below:
(1) The construction and maintenance of roads which are necessary to
conduct sylvicultural activities or agricultural cultivation for the continuity
of the municipal street system, the provision of essential utility and
emergency services or to provide access to uses permitted in this
Section, provided that:
a. The road cannot, as a practical matter, be located outside the
wetland;
b. The road is designed and constructed to minimize the adverse
impact upon the natural functions of the wetland listed in Section.
13-3-37(c) of this Chapter;
c. The road is designed and constructed with the minimum cross-
sectional area practical to serve the intended use; and
d. Road construction activities are carried out in the immediate area
of the roadbed only; and
(2) The construction and maintenance of nonresidential buildings
provided that:
a. The building is used solely in conjunction with a use permitted
in the shoreland-wetland district or for the raising of waterfowl,
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minors or other wetland or aquatic animals, or some other use
permitted in the Shoreland-Wetland District;
b. The building cannot, as a practical matter, be located outside the
wetland;
c. The building does not exceed five hundred (500) square feet in
floor area; and
d. Only limited filling and excavating necessary to provide structural
support for the building is allowed.
(3) The establishment and development of public and private parks and
recreation areas, outdoor education areas, historic, natural and scientific
areas, wildlife refuges, game bird and animal farms, fur animal farms, fish
hatcheries game refuges and closed areas, fish and wildlife habitat
improvement projects, game bird and animal farms, wildlife preserves and
public boat launching ramps and attendant access roads, provided that:
a. Any private development is used exclusively for the permitted use
and the applicant has received a permit or license under Ch. 29,
Wis. Stats., where applicable.
b. Filling or excavating necessary for the construction or
maintenance of public boat launching ramps or attendant access
roads is allowed only where such construction or maintenance
meets the criteria in Subsection (c)(1) above.
c. Ditching, excavating, dredging, or dike and dam construction in
public and private parks and recreation areas, natural and outdoor
education areas, historic and scientific areas, wildlife refuges,
game bird and animal farms, fur animal farms, and fish hatcheries
is allowed only for the purpose of improving wildlife habitat and to
otherwise enhance wetland values.
(4) The construction and maintenance of electric and telephone transmission
lines, gas and water distribution lines, and sewage collection lines, and
related facilities and the construction and maintenance of railroad lines
provided that:
a. The utility transmission and distribution facilities and railroad lines
cannot, as a practical matter, be located outside the wetland;
b. Such construction or maintenance is done in a manner designed
to minimize the adverse impact upon the natural functions of the
wetland listed in Section. 13-3-37(c) 13-3-30(b) of this Chapter.
Section 1. Section 13-3-23 [Prohibited Uses] of Article C [Shoreland-Wetland Zoning
District] of Chapter 3 [Shoreland and Wetland Zoning] of Title 13 [Zoning Code of
Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows:
Sec. 13-3-23 Prohibited Uses
Any use not listed in Section. 13-3-22 of this Chapter is prohibited, unless the wetland or a
portion of the wetland has been rezoned by amendment of this Chapter in accordance with
Section. 13-3-37 13-3-30 of this Chapter and Sec. 59.97(5)(e) 59.69(5)(e), Wis. Stats.
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Section 1. Subsection (a) of Section 13-3-30 [Rezoning of Lands in the Shoreland-Wetland
District] of Article D [Administrative Provisions] of Chapter 3 [Shoreland and
Wetland Zoning] of Title 13 [Zoning Code of Ordinances], Bayfield County,
Wisconsin is hereby amended to read as follows:
Sec. 13-3-30 Rezoning of Lands in the Shoreland-Wetland District.
(a) For all proposed text and map amendments to the shoreland-wetland provisions
of this Chapter, the appropriate district office of the Department shall be provided
with the following:
(1) A copy of every petition for a petition for a text or map amendment to the
shoreland-wetland provisions of this Chapter, within five (5) days of the
filing of such petition with the County Clerk. Such petition shall include a
copy of the Wisconsin Wetland Inventory Map adopted as part of this
Chapter describing any proposed rezoning of a shoreland-wetland.
(2) Written notice of the public hearing to be held on a proposed amendment
at least ten (10) days prior to such hearing.
(3) A copy of the County Planning and Zoning Committee’s findings and
recommendations on each proposed amendment within ten (10) days
after the submission of those findings and recommendations to the
County Board.
(4) Written notice of the County Board’s decision on the proposed
amendment within ten (10) days after it is issued.
(c) If the Department notifies the County Planning and Zoning Agency that a
proposed text of map amendment to the shoreland-wetland provisions of this
Chapter may have a significant adverse impact upon any of the criteria listed in
Subsection (b), that amendment, if approved by the County Board, shall contain
the following provision:
“This amendment shall not take effect until more than thirty (30) days have
elapsed after written notice of the County Board’s approval of this amendment is
mailed to the Department of Natural Resources. During that thirty (30) day
period, the Department of Natural Resources may notify the County Board that it
will adopt a superseding shoreland ordinance for the County under Secs.
59.971(6) 59.692(6), Wis. Stats. If the Department does so notify the County
Bard, the effect of this amendment shall be stayed until the Secs. 59.971(6)
59.692(6), Wis. Stats adoption procedure is completed or otherwise terminated.”
Section 1. Subsection (b) of Section 13-3-41 [Definitions] of Article E [Penalties; Definitions]
of Chapter 3 [Shoreland and Wetland Zoning] of Title 13 [Zoning Code of
Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows:
Sec. 13-3-41 Definitions.
(b) For the purpose of administering and enforcing this Chapter, the terms or words
used herein shall be interpreted as follows: Words used in the present tense
include the future; words in the singular number include the plural number; words
in the plural number include the singular number. The word “shall” is mandatory,
not permissive. All distances unless otherwise specified shall be measured
horizontally.
(c) The following terms used in this chapter mean:
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(5) Accessory Structure or Use. A detached subordinate structure or a use
which is clearly incidental to, and customarily found in connection with,
the principal structure or use to which it is related and which is located on
the same lot as that of the principal structure or use.
(6) Boathouse. As defined in Sections. 30.121(1), Wis. Stats., a permanent
structure used for the storage of watercraft and associated materials and
includes all structures which are totally enclosed, have roofs or walls or
any combination of structural parts.
(7) County Zoning Committee. The Bayfield County Planning and Zoning
Committee, a committee created or designated by the County Board
under Secs. 59.69(2)(a), Wis. Stats., to act in all matters pertaining to
county planning and zoning.
(8) Department. The Wisconsin Department of Natural Resources.
(9) Development. Any man-made change to improved or unimproved real
estate, including, but not limited to, the construction of buildings,
structures or accessory structures; the construction of additions or
substantial alterations to buildings, structures or accessory structures; the
placement of buildings or structures; ditching, lagooning, dredging, filling,
grading, paving, excavation or drilling operations; and the deposition or
extraction of earthen materials.
(10) Drainage System. One (1) or more artificial ditches, tile drains or similar
devices which collect surface runoff or groundwater and convey it to a
point of discharge.
(11) Navigable Waters. Lake Superior, Lake Michigan, all natural inland lakes
within Wisconsin, and all streams, ponds, sloughs, flowages and other
waters within the territorial limits of this State, including the Wisconsin
portion of boundary waters, which are navigable under the laws of this
State. Under s. 281.31(2)(m), Wis. Stats., notwithstanding any other
provision of law or administrative rule promulgated thereunder, shoreland
ordinances required under s. 59.692, Wis. Stats., and Ch. NR 115, Wis.
Adm. Code, do not apply to lands adjacent to: Lakes, ponds or flowages
in Bayfield County shall be presumed to be navigable if they are listed in
the Wisconsin Department of Natural Resources Publication Surface
Water Resources of Bayfield County or are shown on United States
Geological Survey Quadrangle Maps. Rivers and streams in Bayfield
County shall be presumed to be navigable if they are designated as
continuous waterways on United States Geological Survey Quadrangle
Maps. Under Section 144.26(2)(d), Wis. Stats., notwithstanding any other
provision of law or administrative rule promulgated thereunder, shoreland
ordinances required under Sections 62.351 and 62.221, Wis. Stats., and
Chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm
drainage ditches if:
a. Such lands are not adjacent to a natural navigable stream or river;
b. Those parts of such drainage ditches adjacent to such lands were
not navigable streams before ditching; and
c. Such lands are maintained in nonstructural agricultural use.
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a. Farm drainage ditches where such lands are not adjacent to a
natural navigable stream or river and such lands were not
navigable streams before ditching; and
b. Artificially constructed drainage ditches, ponds or stormwater
retention basins that are not hydrologically connected to a natural
navigable water body.
(12) Ordinary High-Water Mark. The point on the bank or shore up to which
the presence and action of surface water is so continuous so as to leave
a distinctive mark such as by erosion, destruction or prevention of
terrestrial vegetation, predominance of aquatic vegetation or other easily
recognized characteristic.
(13) Shorelands. Lands within the following distances from the ordinary high-
water mark of navigable waters; one thousand (1,000) feet from a lake,
pond or flowage; and three hundred (300) feet from a river or stream or to
the landward side of the floodplain, whichever distance is greater.
(14) Shoreland-Wetland District. The zoning district, created in this
shoreland-wetland zoning ordinance, comprised of shorelands that are
designated as wetlands on the Wisconsin wetland inventory maps
prepared by the Department. wetlands inventory maps which have been
adopted and made a part of this Chapter as described in Section 13-3-20
of this Chapter.
(15) Unnecessary Hardship. That circumstance where special conditions,
which were not self-created, affect a particular property and make strict
conformity with the restrictions governing area, setbacks, frontage, height
or density unnecessarily burdensome or unreasonable in light of the
purpose of this Chapter.
(16) Variance. An authorization granted by the Board of Adjustment to
construct, alter or use a building or structure in a manner that deviates
from the dimensional standards of this Chapter.
(17) Wetlands. Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which have
soils indicative of wet conditions.
(18) Wetland Alteration. Any filling, flooding, draining, dredging, ditching,
tiling, excavating, temporary water level stabilization measures or dike
and dam construction in a wetland area.
(19) Zoning Department Agency. The Bayfield County Planning and Zoning
Department.
(20) Zoning Administrator. The Bayfield County Planning and Zoning Director.
Section 1. Subsection (a) of Section 14-1-21 [Compliance] of Article B [General Provisions] of
Chapter 1 [County Subdivision Control Code] of Title 14 [Land Divisions], Bayfield
County, Wisconsin is hereby amended to read as follows:
Sec. 14-1-21 Compliance.
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(d) No person, firm, or corporation shall divide land for the purpose of sale, transfer,
or development that creates one or more lots of less than five (5) acres, or of less
than nineteen (19) acres if any part thereof is located within shorelands (as
defined in Section 13-1-4(a)(60) of the Ordinances), without obtaining approval of
the Planning and Zoning Department Agency and without complying with the
provisions of this Chapter.
(e) In the shoreland, the county shall review all land divisions which create 3 or more
parcels or building sites of 5 acres each or less within a five-year period. In such
review in the shoreland, all of the following factors shall be considered:
a)
(21) Hazards to the health, safety or welfare of future residents.
(22) Proper relationship to adjoining areas.
(23) Public access to navigable waters, as required by law.
(24) Adequate stormwater drainage facilities.
(25) Conformity to state law and administrative code provisions.
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.
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.
EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its
passage.
A motion was made by Bussey/Goodwin to adopt Bayfield County Amendatory
Ordinance No. 2017-10 Regarding Amendments to Section 13-1-4 [Definitions] of
Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning of the
Code of Ordinances], Bayfield County, Wisconsin are hereby amended and Subsections
(a)(1a) (18a) (24a) (35a) (60a) (70a) and (71a) of Section 13-1-4 [Definitions] of
Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the
Code of Ordinances], Bayfield County, WI, Sections 13-1-4; 13-1-20; 13-1-21;13-
1-22; 13-1-23; 13-1-24; 13-1-26; 13-1-28; 13-1-29; 13-1-29A; 13-1-32; 13-
1-40; 13-1-41; 13-1-61; 13-1-102; 13-3-1; 13-3-11, 12, 13; 13-3-20; 13-3-
21; 13-3-22; 13-3-23; 13-3-30; 13-3-41 and 14-1-21, with the changes as
presented. The motion carried.
15. Report of the Bayfield County Planning & Zoning Committee Regarding
the Rezone of the Brent and Cheryl Surowiecz Property, Located in the Town of Bell,
Bayfield County, WI from Residential One (R-1) to Residential-Recreational Business
(R-RB). Schierman explained that the family wanted to put this property into a
conservancy and has worked with the Town of Bell regarding their Comprehensive Plan. In
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order to put it into a conservancy, the zoning must change. The Town of Bell has
unanimously voted to approve. Rob explained looking at putting in conservancy. Family
wishes to conserve this property and has worked with the conservancy and worked with
the Town of Bell comp plan. Have requested the rezone. Did not have town board
approval going into the meeting. Town of bell unanimously voted to approve.
The Board dispensed with the reading of the Report. It is noted that the Report
and Ordinance are the same in language except for their opening paragraph and is
therefore not put it its entirety here but in the Ordinance as follow that follows. A
motion was made by Rondeau/Silbert to receive and place on file the Report of the
Bayfield County Planning & Zoning Committee Regarding the Rezone of the Brent and
Cheryl Surowiecz Property, Located in the Town of Bell, Bayfield County, WI from
Residential One (R-1) to Residential-Recreational Business (R-RB). The motion carried
with one opposition.
16. Bayfield County Amendatory Ordinance No. 2017-09, Regarding the
Rezone of the Brent and Cheryl Surowiecz Property, Located in the Town of Bell,
Bayfield County, WI from Residential One (R-1) to Residential-Recreational Business
(R-RB). The Board dispensed with the reading of the Ordinance, 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 §59.69(5)(e), Wis. Stats; notice thereof having been
given as provided bylaw; 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:
The Zoning of Brent and Cheryl Surowiecz 36.56-acre parcel (ID# 8017) Document #
2016R-562577 (V. 1157 P. 288-290), located in the Northwest Quarter of the Northwest
Quarter (NW ¼ NW ¼), LESS Highway in Volume 514, Page 164, and LESS a parcel of land
in the northwest corner of the Northwest Quarter of the Northwest Quarter (NW ¼ NW
¼), Section 35, Township 51N, Range 6 W, more particularly described as follows:
commencing at a point where the South edge of the right-of-way of State Trunk Highway
13 is intersected by the West line of said Section 35; thence South along the section line
350 feet; thence East a distance of 100 feet; thence North on a line parallel with the
West section line 350 feet to the South edge of the highway right-of-way; thence West
along the highway right-of-way 100 feet to the point of beginning; and LESS a parcel of
land in the Northwest Quarter of the Northwest Quarter, Section 35, Township 51N,
Range 6 W, more particularly described as follows: starting at an iron pipe located in the
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Northwest corner on the side of Highway 13 a distance of 100 feet to the place of
beginning; thence continue east a distance of 200 feet; thence at right angles due south a
distance of 250 feet; thence Southwesterly to a point 350 feet south of the north line of
the forty and 100 feet east of the west line to an iron pipe placed in the ground; thence
North approximately 350 feet to the place of beginning, all in Section Thirty-Five (35),
Township Fifty-One (51) N, Range Six (6) W, Town of Bell, Bayfield County, WI changed
from Residential-One (R-1) to Residential-Recreational Business (R-RB).
The Bayfield County Board of Supervisors decision is:
XX Be Approved
Be Approved with modification
Be Disapproved
Refer back to Planning and Zoning with directions as
stated/noted and return for enactment or rejection
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Bayfield County Chair
A motion was made by Silbert/Fickbohm to adopt Bayfield County Amendatory
Ordinance No. 2017-09, Regarding the Rezone of the Brent and Cheryl Surowiecz
Property, Located in the Town of Bell, Bayfield County, WI from Residential One (R-
1) to Residential-Recreational Business (R-RB). It was stated that the Ordinance Title
number should be 2017-09 instead of 2017-09. The motion carried with this change and
one opposition.
17. Bayfield County Amendatory Ordinance No. 2017-08, Health Ordinance
Title 9-Licensing Chapter 2 Lodging, Recreation Establishment, Food Protection, and
Tattoo and Body Piercing Establishments and Supplementary Reference Document A as
recommended by Wisconsin Department of Agriculture, Trade and Consumer
Protection (DATCP) – Michelle Simone, Environmental Health Sanitarian, was present to
explain the Ordinance amendment to the Board. There have been changes that have need
updating and the this has been reviewed and recommended by the Health Committee for
approval. The Board dispensed with the reading of the Ordinance, which reads as follows:
WHEREAS, Wisconsin Statutes §59.03(2) provides that, except as elsewhere
specifically provided in the statutes, the board of any county is vested with all powers of a
local, legislative and administrative character; and
WHEREAS, Wisconsin Statutes §59.02(2) permits the enactment of ordinances by
the County Board of Supervisors; and
WHEREAS, Section 2-2-3, Code of Ordinances, Bayfield County, Wisconsin,
authorizes County Board committees or individual supervisors to introduce proposed
ordinances; and
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WHEREAS, it is deemed to be in the best interest of the County of Bayfield that
the Code of Ordinances, Bayfield County, Wisconsin, be further modified and amended in
the manner hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, the Bayfield County Board of Supervisors
assembled this 31st day of October, 2017, does hereby ordain as follows:
Chapter 2: Food Protection, Lodging, Pools, Campgrounds, Recreational/Educational
Camps, Tattoo and Body Piercing Establishments
Sec. 9-2-1: Authority and Purpose
This Chapter is adopted pursuant to the authority provided by Wisconsin Statutes
Chapter 97 Food, Lodging and Recreation, to protect and improve public health. Sections
66.0417, Chapter 93.06(14), and Chapter 97 of the Wisconsin Statutes authorize Bayfield
County Health Department to be designated as an Agent of the State Department of
Agriculture, Trade, and Consumer Protection (DATCP) for the purpose of establishing
annual fees; issuing permits; conduct routine sampling; inspecting or investigating food
service establishments, retail food establishments, lodging, pools, campgrounds,
recreational and/or educational camps, and food vending. Sections 463.10, 463.12, 463.16,
and 463.18 of the Wisconsin Statutes authorize Bayfield County Health Department as
the designated agent for the Department of Safety and Professional Services (DSPS) for
the purpose of establishing permit fees; issuing permits, conducting routine inspections of
tattooing and body art establishments and practitioners; enforcing State Law governing
these establishments; and enactment of local regulations governing these establishments
which may be stricter than State Law.
Sec. 9-2-2: Applicability
The provisions of this Chapter shall apply to the owner, operator, or person in charge of
any and all food service establishments, retail food establishments, hotels, motels, bed and
breakfasts, tourist rooming houses, campgrounds, recreational camps, educational camps,
public pools, food vending machines and food vending commissaries, tattooing
establishments and practitioners, and body piercing establishments and practitioners in all
areas of Bayfield County.
Sec. 9-2-3: Definitions
The following definitions shall be applicable in this Chapter:
(a) Statutory Definitions. In addition to those definitions set forth expressly
hereinafter, all definitions set forth in Wisconsin Statutes, Section 66.0417, 463
and Chapter 97, ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79, and SPS 221
Wisconsin Administrative Code, are incorporated herein by reference and they shall
be construed, read, and interpreted as if set forth herein until amended and then
shall apply as amended.
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(b) Annual Fee. A fee for on-site visits to determine that establishments identified in
this Chapter are compliant with the statutes and administrative codes that govern
their operation.
(c) Bed and Breakfast Establishment. Means any place of lodging that provides 8 or
fewer rooms for rent to no more than a total of 20 tourists or other transients for
more than 10 nights in a 12-month period, is the owner's personal residence, is
occupied by the owner at the time of rental, and in which the only meal served to
guests is breakfast.
(d) Body-piercing Establishment. Means the premises where a body piercer performs
body piercing.
(e) Campground. "Campground" means a parcel or tract of land owned by a person, the
state or a local government, which is designed, maintained, intended or used for the
purpose of providing camp sites offered with or without charge, for temporary
overnight sleeping accommodations.
(f) Priority Items. A provision in ATCP 75 whose application contributes directly to
the elimination, prevention or reduction to an acceptable level, hazards associated
with foodborne illness or injury and there is no other provision that more directly
controls the hazard, and is denoted in the Wisconsin Food Code with a superscript
“P.”
(g) Food Service Establishment. any building, room or place at which the predominant
activity is the preparation, service, or sale of meals to transients or the general
public, including all places used in connection with it and including any public or
private school lunchroom for which food service is provided by contract. "Meals"
does not include soft drinks, ice cream, milk, milk drinks, ices and confections.
“Food Service Establishment” does not apply to:
(1) Taverns that serve free lunches consisting of popcorn, cheese, crackers,
pretzels, cold sausage, or peanuts, cured fish or bread and butter.
(2) Churches, religious, fraternal, youth, or patriotic organizations, service clubs
and civic organizations which occasionally prepare, serve, or sell meals to
transients or the general public.
(3) Any public or private school lunchroom for which food service is directly
provided by the school or a private individual selling foods from a movable or
temporary stand at public farm sales.
(4) Any bed and breakfast establishment that serves breakfast only to its lodgers.
(5) The serving of food or beverage through a license vending machine.
(6) Any college campus, as defined in s. 36.05 (6m), institution as defined in s. 36.51 (1)
(b) or technical college that serves meals only to the students enrolled in the college
campus, institution or school or to authorized elderly persons under s. 36.51 or
38.36
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(7) A concession stand at a locally sponsored sporting event, such as a little league
game.
(8) A potluck event.
(h) Health Department. The Bayfield County Health Department.
(i) Hotel/Motel. "Hotel" means a place where sleeping accommodations are offered
for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas.
"Motel" means a hotel that furnishes on-premise parking for motor vehicles of
guests as part of the room charge, without extra cost, and that is identified as a
"motel" rather than a “hotel" at the request of the operator.
(j) Late Fee. Shall mean a fee for failure to pay established or assessed fees in a
timely manner. This refers to any fee not postmarked by the end of the two-week
grace period July 15th.
(k) Occasionally. Not more than three days during any 12-month period.
(l) Pool. Means a structure, basin, chamber, or tank, and appurtenant buildings and
equipment, used for wading, swimming, diving, water recreation, or therapy. Types
of pools include pools used for swimming, combination pools, diving pools, exercise
pools, experiential pools, mobile pools, therapy pools, wading pools, whirlpools, and
cold soak pools.
(m) Pre-inspection fees. A fee for plan review or change of ownership of an existing
establishment offered within a six-month period from the date of permit
application and prior to the issuance of a permit to persons intending to operate an
establishment as defined in Section 9-2-1 of this Chapter.
(n) Recreational Educational Camp. Means a premises, including temporary and
permanent structures, that is operated as an overnight living quarters where both
food and lodging or facilities for food and lodging are provided for children or
adults or both children and adults for a planned program of recreation or education,
and that is offered free of charge or for payment of a fee by a person or by the
state or a local unit of government. "Camp" does not include any of the following:
(1) An overnight planned program of recreation or education for adults or
families at an establishment holding a current hotel or motel or restaurant
permit.
(2) An overnight planned program of recreation or education for less than 4
consecutive nights and without permanent facilities for food and lodging.
(3) An overnight planned program for credit at an accredited academic
institution of higher education.
(4) A tournament, competition, visitation, recruitment, campus conference or
professional sports team training camp.
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(o) Re-inspection Fees. A fee for any subsequent inspections necessary to achieve
compliance with the statutes and administrative codes that govern operation of the
establishment or practitioner. The re-inspection fees established are as set forth
on a fee schedule, which is incorporated herein by reference as Reference
Document A, License Fee Schedule.
(p) Retail Food Establishment means a permanent or mobile food processing facility where food
processing is conducted primarily for direct retail sale to consumers at the facility, a mobile
facility from which potentially hazardous food is sold to consumers at retail or a permanent
facility from which food is sold to consumers at retail, whether or not that facility sells
potentially hazardous food or is engaged in food processing. “Retail food establishment”
includes a restaurant or temporary restaurant, but does not include an establishment
holding a license under s.97.605, to the extent that the activities of the establishment are
covered by that license.
(q) Tattoo establishment means the premises where a tattooist applies a tattoo to
another person.
(r) Temporary Permit Suspension. The revocation of a permit for a time period set
for no less than twenty-four hours and no greater than one week as determined by
the Health Officer or his/her designee.
(s) Temporary Restaurant or Temporary Retail Food Establishment shall mean a
restaurant or retail food establishment that operates at a fixed location in
conjunction with a single event such as a fair, carnival, circus, public exhibition,
anniversary sale, or occasional sales promotion. Mobile establishments of this type
which conduct business in the jurisdiction of Bayfield County, that are licensed
outside of the area of jurisdiction, will be inspected and charges an inspection fee.
(t) Tourist Rooming House: means all lodging places and tourist cabins and cottages,
other than hotels and motels, in which sleeping accommodations are offered for pay
to tourists or transients. It does not include private boarding or rooming houses not
accommodating tourists or transients, or bed and breakfast establishments
regulated under Ch. ATCP 73.
Sec. 9-2-4 License and Permit
(a) No person shall operate a food service establishment, a retail food establishment,
hotel, motel, bed and breakfast, tourist rooming house, campground, recreational or
educational camp, public pool, tattooing establishment, or body piercing
establishment without first obtaining a non-prorated permit from the Health
Department. Permits shall be issued on an annual basis, commencing with July 1 and
ending on the following June 30th. Each such permit shall expire on June 30th of
each year following their issuance except that permits initially issued during the
period beginning on April 1 and ending June 30th shall expire June 30th of the
following year. The issuance of a permit may be conditioned upon the owner or
operator correcting a violation of this Chapter within a specified time frame to be
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determined by the Health Department. If the condition is not met within the
specified time, the permit shall be voided. With the exception of 9-2-4(a)(1) and
9-2-4(a)(2), the permit shall not be transferable to another location or operator.
(1) As to location, a temporary permit is required for each separate event and is
subject to approval by the Health Department prior to operating at the new
premises.
(2) No person shall operate a temporary retail food establishment with out
obtaining an inspection from the Health Department and paying the
inspection fee with the exception of:
a) A temporary retail food establishment that has obtained a permit
from the Health Department to operate.
(3) As to an operator, a permit for a food service establishment may be
transferred to an individual who is an immediate family member of the
operator. A parent, child, stepchild, spouse, grandparent, grandchild, sibling
or stepsibling shall be considered an immediate family member for purposes
of this Chapter. Permits for retail food establishments shall not be
transferred to an immediate family member. A new and separate license
shall be issued.
(b) No permit shall be granted to any person under this Chapter without a pre-
inspection by the Health Department of the premises for which the permit is
requested.
(c) No permit shall be issued or renewed until all application fees, inspection fees, re-
inspection fees, late fees, violation penalty forfeitures, and citations for violations
of this Chapter have been paid.
Sec. 9-2-5 Application
Applications for permits shall be made in writing to the Bayfield County Health
Department on forms developed and provided by the Health Department stating the name
and address of the proposed applicant and operator, and such other information as may be
required. The Health Department shall either approve or deny the application within
thirty (30) days after receipt of a complete application.
Sec. 9-2-6 Fees
Fees for the issuance of permits, the conducting of investigations, inspections, training
and technical assistance to establishments covered pursuant to this Chapter are hereby
established pursuant to this Chapter, subject to amendment, from time to time, upon the
recommendation of the Bayfield County Board of Health and approval of the County Board
of Supervisors. In addition, separate pre-inspection fees are hereby established with
respect to new establishments or existing establishments that have been transferred to a
new owner. The fees established are as set forth on a fee schedule, which is incorporated
herein by reference as Reference Document A. The fees include any corresponding State
fees, which shall be paid to the State by the County when collected. If any State fee is
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increased, the Board of Health may increase the corresponding fee under this Chapter by
the same amount without County Board approval.
Sec. 9-2-7 Public Display of Permits and Food Manager Certifications
Every licensed establishment shall display at all times and in public view, the permit of the
establishment and any Food Manager Certifications.
Sec. 9-2-8 Enforcement
(a) The provisions of this Chapter shall be administered by or under the direction of
the Health Officer of the Health Department, who in person or by duly authorized
representatives, shall have the right to enter, at reasonable hours, upon premises
affected by this regulation to inspect the premises, secure samples or specimens,
examine and copy relevant documents and records, or obtain photographic or other
evidence needed to enforce this Chapter.
(b) The Health Officer and his/her designee(s) may issue citations for violations of
this Chapter pursuant to the Bayfield County Citation Ordinance. In the event the
position of the Health Officer is vacant, personnel designated by the Board of
Health may assume his/her authority under this Chapter.
(c) Permits issued by the Health Department pursuant to this Chapter may be
temporarily suspended for a violation of any provisions hereof or the State
Statutes or Administrative Code provisions adopted by reference herein, if the
Health Department determines that an immediate danger to health exists.
(d) Continuing or flagrant violations of this Chapter shall also be subject to the
following enforcement procedures:
(1) If critical violations of this Chapter are not corrected at the time of
inspection or if three or more critical violations are discovered during an
inspection, or if the same critical violations are observed on two or more
consecutive inspections, then a re-inspection shall be conducted.
(2) If any repeat critical violations of this Chapter exist at the time of re-
inspection, a re-inspection shall be conducted and the re-inspection fees
established are as set forth on a fee schedule, which is incorporated herein
as Reference Document A and shall be assessed on the legal licensee of the
establishment.
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Sec. 9-2-9 Regulations, rules and Laws Adopted by Reference
The applicable laws, rules and regulations as set forth in Sections 66.0417, Chapter 93.06
(14), and Chapter 97 of the Wisconsin Statutes, and Chapters ATCP 72, 73, 75 and
Appendix, 76, 78, 79, and SPS 221, AND SPS 390 of the Wisconsin Administrative Code
are incorporated in this regulation by reference and they shall be construed, read, and
interpreted, as fully set forth by reference and they shall be construed, read, and
interpreted as fully set forth herein until amended and then shall apply as amended. The
express provisions of this Chapter shall control where more restrictive.
Sec. 9-2-10 Violation-Penalties
Any person who violates or refuses to comply with any provisions of this Chapter shall be
subject to a forfeiture of not less than One Hundred Dollars ($100) and not more than
One Thousand Dollars ($1,000) for each offense. Each day a violation exists or continues
may be considered a separate offense. Where appropriate, injunctive relief may be
sought by the Health Department.
Section 2. 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 3. 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 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force
from and after its passage.
Dated: October 31st, 2017.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Bayfield County Chair
Supervisor Strand informed the Board that this was reviewed and recommended by
the Health Committee for approval. A motion was made by Strand/Rondeau to adopt
Bayfield County Amendatory Ordinance No. 2017-08 Regarding Health Ordinance
Title 9-Licensing Chapter 2 Lodging, Recreation Establishment, Food Protection, and
Tattoo and Body Piercing Establishments and Supplementary Reference Document A as
recommended by Wisconsin Department of Agriculture, Trade and Consumer
Protection (DATCP). The motion carried
18. Bayfield County Resolution No. 2017-61, Removing the 2015/2016
Community Health Assessment and Group Evaluation (CHANGE) Grant from the 2017
Budget – Abeles-Allison explained that the was not received this year, and therefore is
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asking to have the funding removed from the 2017 budget. The Board dispensed with the
reading of the Resolution, which reads as follows:
WHEREAS, The Bayfield County Health Department 2017 Adopted and
Amended budgets reflect receiving revenue of $25,000 in the form of the
CHANGE (Community Health Assessment and Group Evaluation) Grant from the
Wisconsin Division of Public Health’s Nutrition, Physical Activity and Obesity
Program. The CHANGE grant was a grant received in 2014/2015 in the amount of
$7,000 with additional funding of $3,000 allotted to the Health Department in
2016. These funds have been spent out in 2016. There was not a CHANGE grant
received in 2017, so therefore these revenue lines should be at $0; and
WHEREAS, the 2017 Budget does not contain any projections to account
for any revenue or expenditures for said grant; and
WHEREAS, it is the desire of the Bayfield County Board of Health to
remove said grant from the 2017 budget.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of October, 2017, hereby authorizes the
removal of Revenue Account Number 100-20-43550-016 and Expense Account
Number 100-20-54126; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of
Supervisors hereby amends the 2017 budget by $25,000 to reflect the revenue
and expenditures.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Strand/Rondeau to adopt Bayfield County Resolution No.
2017-61, Removing the 2015/2016 Community Health Assessment and Group
Evaluation (CHANGE) Grant from the 2017 Budget 2017. It is noted that Goodwin has
left the meeting prior to this roll call vote. A roll call vote was taken as follows:
Crandall-yes; Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-yes; Maki-
present; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-yes;
Coughtry-yes; Miller-yes. Total: 13: 13 yes, 0 no. The motion carried.
19. Bayfield County Resolution No. 2017-60, Health Insurance and HRA
Fund Transfer to Health Reserve; Abeles-Allison explained this Resolution to the Board.
The Board dispensed with the reading or the Resolution, which reads as follows:
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WHEREAS Bayfield County budgeted a 10% increase in health insurance rates for
2017; and
WHEREAS the budget also included HRA funding based on 2016 contributions; and
WHEREAS a modified health insurance plan was implemented in 2017, which
resulted in a 0% increase in health insurance premiums; and
WHEREAS HRA contributions were also modified in 2017 in conjunction with the
modified health insurance plan; and
WHEREAS these modifications resulted in excess budgeted premiums and HRA
contributions in the amount of $320,421.27 in 2017.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of October, 2017, does hereby authorize that
$320,421.27 in excess Health Insurance Premiums and HRA funds be transferred from
the General Fund to the Health Reserve Fund for future Health Insurance needs.
Increase General Fund Transfer to Health Reserve 100-00-59220-50998 by
$320,421.27
Adjust each General Fund Department Health Insurance and HRA line item as
applicable totaling $320,421.27.
Increase Transfer from General Fund: 220-45-49201 by $320,421.27
Increase Health Insurance Expenses Line: 220-45-51940-50154 by $320,421.27
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Bussey/Coughtry to adopt Bayfield County Resolution
No. 2017-60, Health Insurance and HRA Fund Transfer to Health Reserve. A roll
call vote was taken as follows: Rondeau-yes; Goodwin-absent; Bussey-yes; Fickbohm-
yes; Maki-present; Oswald-yes; Silbert-yes; Pocernich-yes; Strand-yes; Williams-
yes; Coughtry-yes; Miller-yes; Crandall-yes. Total: 13: 13 yes, 0 no. The motion
carried.
20. Bayfield County Resolution No. 2017-65, Novus 5-County Consortium.
Abeles-Allison explained that Novus is Bayfield County’s tax software system and it is
shared with 4 other counties. Ken Hebbe has been working with this system and for
Bayfield County and the other 4 counties for 20+ years and is planning to retire in the near
future. This Resolution is merely stating that the counties involved are committed to
working together as a group to maintain the software that is presently being used. The
Board dispensed with the reading of the Resolution, which reads as follows:
WHEREAS, the five counties of Bayfield, Burnett, Price, Sawyer and Washburn
make up the Novus Consortium; and
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WHEREAS, these five counties have worked together since 1985 in the purchase,
development and maintenance of a computerized tax program, currently called Novus; and
WHEREAS, this group has successfully developed a reliable, full functioning system
providing critical tax collection and reporting systems for the five counties and the taxing
jurisdictions within them; and
WHEREAS, the current contractual business analyst and programmer, Ken Hebbe,
has announced his intentions to retire in 2020; and
WHEREAS, the knowledge required to maintain this software is significant and
requires considerable knowledge, understanding, commitment and skill; and
WHEREAS, representatives of the Consortium met in May of 2017 to discuss
future options for the Novus system; and
WHEREAS, Allshore is a programming partner providing development and
maintenance services of the Novus system.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of October, 2017, being one of the five member
counties of the Consortium, commits to the following:
1. A continuing relationship with the four other counties for the NOVUS Tax
software upgrade and maintenance program.
2. The future maintenance and development of the software system.
3. Continuing the current arrangement with Allshore for programming assistance.
This cost is split equally among the five counties. This currently amounts to
$8200 a year.
4. Finding and contracting with (or employing) a business analyst to provide liaison
services with each county as required. This individual would work and serve as
liaison between the consortium and Allshore to ensure appropriate program and
system upgrades. This cost will be split equally among the five counties.
5. The Consortium will meet as a group at least annually to ensure proper
coordination and operation of the Novus Tax Software System.
6. Encourage other counties to join the consortium and split/spread the costs with
the other members.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Miller/Crandall to adopt Bayfield County Resolution No.
2017-65, Novus 5-County Consortium. The motion carried.
21. Bayfield County Resolution No. 2017-66, Recognizing Volunteer 4-H
Leaders for Milestones. The Board dispensed with the reading of the Resolution, which
reads as follows:
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WHEREAS, there are currently 13 active 4-H Clubs in Bayfield County; and
WHEREAS, there are approximately 500 active 4-H youth and adult members in
the Bayfield County 4-H program; and
WHEREAS, the mission of 4-H Youth Development is to integrate research, education, and
community-based partnerships, enabling youth to learn and practice skills to be productive
citizens; and
WHEREAS, volunteer 4-H Leaders must be caring adults that provide a safe,
inclusive environment engaging participants to learn while also providing service to others;
and
WHEREAS, through their positive example, 4-H Leaders provide countless hours and
resources toward the goal of developing leadership skills in County Youth; and
WHEREAS, Eunice Laakso has been a volunteer 4-H Leader for 35 years; and
WHEREAS, Sandy Rau has been a volunteer 4-H Leader for 30 years; and
WHEREAS, Verne Gilles has been a volunteer 4-H Leader for 25 years; and
WHEREAS, Rodney Johnson has been a volunteer 4-H Leader for 25 years; and
WHEREAS, Scott Stai has been a volunteer 4-H Leader for 15 years; and
WHEREAS, Kim Pearce is being recognized by the UW Extension by being inducted
into the 4-H Hall of Fame; and
WHEREAS, Margie Falter is being recognized by the UW Extension by being
inducted into the 4-H Hall of Fame.
NOW, THEREFORE, BE IT RESOLVED, that the Bayfield County Board of
Supervisors assembled this 31st day of October, 2017, hereby joins the UW Extension in
recognizing Eunice Laakso, Sandy Rau, Verne Gilles, Rodney Johnson, and Scott Stai for
their commitment to the betterment of youth in our county and for their milestone years
as volunteer 4-H Leaders; and
BE IT FURTHER RESOLVED, that the Bayfield County Board of Supervisors also
recognizes Kim Pearce and Margie Falter for their induction into the Bayfield County 4-H
Hall of Fame.
By Action of the
Bayfield County Board of Supervisors
Dennis M. Pocernich, Chairman
A motion was made by Crandall/Miller to adopt Bayfield County Resolution No.
2017-66, Recognizing Volunteer 4-H Leaders for Milestones. There will be a program
for the volunteers who will be recognized on Saturday evening. The motion carried.
22. Appointment of Deann Allen, Cable Citizen Member, to the Department
of Human Services Board. Abeles-Allison gave a brief background of Allen. The Dept. of
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Human Services Board approved and is now asking the County Board to appoint Allen to the
Human Services Board. A motion was made by Crandall/Miller to appoint Deann Allen
to the Department of Human Services Board. The motion carried.
23. Discussion and Possible Action Regarding Lease Agreement and
Amortization Schedule with Northern Lights. Abeles-Allison updated Board regarding
the new payment schedule our consultant has furnished us. To date, the Northern Lights
has made their payments and everything is working out. The schedule is in the County
Clerk’s office for review. A motion was made by Miller/Rondeau to receive and place
on file the Lease Agreement and Amortization Schedule with Northern Lights. The
motion carried.
24. Discussion and Possible Action Regarding Telemark Feasibility Study.
Abeles-Allison stated that at a prior meeting, the County Board approved a feasibility
study for Telemark. The study is detailed in depth and is well done. There seems to be a
large demand for a facility such as this where you can literally ski out your resort front
door like the lodge used to be. While Bayfield County authorized the study and paid for
most of it, this has not yet been released to the public, which is what Abeles-Allison is
asking for. A motion was made by Rondeau/Bussey to accept the feasibility study of
Telemark and to distribute it to the public at this time. A brief discussion took place,
and the motion carried with one opposition.
25. A motion was made by Crandall/Williams that the Bayfield County Board
of Supervisors entertain a motion to move in and out of Executive/Closed Session
pursuant to §19.85(1)(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; and
§19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering
oral or written advice concerning strategy to be adopted by the body with respect to
litigation in which it is or is likely to become involved. The motion carried.
A motion was made by Maki/Silbert to move out of Executive/Closed Session.
The motion carried.
26. Discussion and Possible Action Regarding 2018 WPPA Union Contract.
The WPPA Agreement is as follows:
1. 1-year contract;
2. 2% wage increase across the board;
3. 40¢/hour increase for Lieutenants;
4. Lieutenant Schedule to be determined by the Sheriff;
5. Side Letter through 12/31/2018.
A motion was made by Bussey/Maki to adopt the 2018 WPPA Union Contract as
presented. The motion carried.
27. Administrator’s Report:
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a) Future County Board Meeting Dates:
✓ Nov. 14th, 6:00 p.m.
✓ December 12th or 19th; The Board stated that there is hardly ever any
business in December so they would not need a meeting unless something
arises.
✓ January 30th, 2018
b) Election packets will be ready for Supervisors at the November meeting but
circulation of nomination papers cannot be done until December 1st. If you
decide you are not running again, please try to find someone interested in
replacing you and let us know.
c) Discussion on Superior Days, 2018. Abeles-Allison shared with the board
issues that came up for Superior Days 2018. Identified issues are as follows:
1. Allow use of mill weight tickets to fine overweight timber loads;
2. Reinstate county’s ability to enact/enforce shoreland zoning
ordinance standards;
3. Provide counties with increased regulatory authority to safeguard
their water resources;
4. Allow TIF District in Cable and Telemark Resort;
5. Increase State PILT for County Forests;
6. Encourage DNR special route planning on DNR land for North Country
Trail.
7. Increase Medicaid reimbursement for nonprofit nursing homes;
8. Thank you to State legislature for their legislative action on the
Next Generation 9-1-1 System and increased broadband expansion
grant funding;
9. Increase State mental health funding to counties;
10. Increase State out-of-home placement funding to counties.
Discussion took place on the identified issues.
28. Supervisors’ Reports: None.
There being no further business to come before the Bayfield County Board of
Supervisors, Chairman Pocernich adjourned the meeting at 7:55 p.m.
Respectfully submitted,
Scott S. Fibert,
Bayfield County ClerkSSF/dmb