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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 6/20/2013 Page 1 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JUNE 20, 2013 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Jardine, Pocernich, Schultz, Miller and Rondeau – all present. Others present were: Director-Rob Schierman, Mike Furtak-AZA, and Krystal Hagstrom - Secretary. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts, and noted that Orienta was not returned. 4. Review of Meeting Format – Chairman Rondeau explained the procedure of the meeting. He asked everyone who wished to speak to fill out a form; and stated they will be asked to come forward and speak into the microphone. 5. Public Hearing: A. Stephen Thill (Namakagon) – rezone from R-RB to Commercial [7.0–acre parcel (ID# 04-034-2-43-06-23-1-04-000-10000), described as part of SE ¼ of the NE ¼, East of County Trunk D and North of County Trunk M, Section 23, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Schierman explained Thill wrote a letter asking to postpone this item until next month. Discussion ended. B. Bayfield County / Mark Ables-Allison (Iron River) – rezone from R-1 & Ag-1 to Municipal [three parcels one being a 34.75-acre parcel (Tax ID# 04-024-2-47- 08-06-3-03-000-10000) in V.63 P.447-448, located in that part of the SW ¼ of the SW ¼, in Sec 6, T 47 N, R 8 W, Town of Iron River; (2) a 40.00-acre parcel (Tax ID# 04-024-2-47-08-07-2-01-000-10000) described as NE ¼ of the NW ¼, in V. 10-P.240-241, subject to easements in V.800 P.96; V.236 P.13; V.234 P.204; V.214 P.114 and V.209 P.347 in Sec. 7, T 47 N, R8 W, Town of Iron River; and (3) a 32.34-acre parcel (Tax ID# 04-024-2-47-08-07-2-02-000-10000) in V. 10- P.240-241, subject to easement in V.900 P.86, located in that part of the NW ¼ of the NW ¼, Sec. 7, T 47 N, R 8 W, Town of Iron River, Bayfield County, WI] Mary Motiff, with the Bayfield County Parks and Tourism Department, spoke in support, currently with the way the property is zoned now they have to get special permits to do anything on that property and it would be better zoned as municipal to save on the costs of the permits. She also spoke with one adjacent land owners who was just curious about the rezone and was not concerned in any way. Also spoke with the Town of Iron River Chairman and he has no concerns. Jardine asked if Hood had contacted her, and the reply was no. Page 2 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 File Report: Schierman stated there is Town Board approval and compatible with the Towns Comp Plan. Discussion ended. C. A petition by Rob Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting an amendment to the Bayfield County Zoning Ordinance to create section 13-1-22(l) regarding setbacks on properties subject to adverse possession. Section 1. The definitions listed under Section 13-1-4(a) [Definitions] of Article A [Introduction and Definitions] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby created to read as follows: (22m) Fire Wood Processing. Any facility or operation, other than sawmills, where trees or timber are refined into firewood for commercial purposes. Section 2. Subsection (e)(1) aa. [Fee Schedule] of Section 13-1-21 [General Land Use Requirements] of Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (e) Fees. aa. Board of Adjustment Hearing ............................. Special Exception .............................................. $ 550.00 Variance or Appeal ............................................ $ 800.00 Refiling & Rehearing Reconsideraton* ............... $ 800.00 Reopening & Reconsideration ........................... $ 250.00 .. *Transcript and any copy fees shall be paid by individual(s) whom make the request. Section 3. Subsection (a) of Section 13-1-62 [Classification of Uses] of Article D [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions): PERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Fire Wood Processing C P SB P Section 4. Subsection (c) [Appeals to the Board] of Section 13-1-102 [Board of Adjustment] of Article F [Administration and Enforcement of Page 3 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (c) Appeals to the Board. (4) The Zoning Administrator Department shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. Section 5. Subsection (e)(1) of [Board Powers] of Section 13-1-102 [Board of Adjustment] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (e) Board Powers. The Board of Adjustment shall have the following powers and duties: (1) Where it is alleged that there is error in any order, requirements, decision or determination made by the Zoning Administrator Department and/or Zoning Committee, the Board of Adjustment shall hear appeals and render decisions therefrom. Section 6. Subsection (d)(1) [Powers and Duties of the Board] of Section 13- 1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with deletions highlighted by the strike out features (deletions): (d) Powers and Duties of the Board (1) General Powers. The powers and duties of the Board are set forth in Sec. 59.694(7) of the Wisconsin Statutes and in Section 13-1-102 of the Bayfield County Planning and Zoning Ordinance. Section 7. Subsection (e)(1) & (2) [Applications and Appeal Procedures] of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (e) Applications and Appeal Procedures (1) Who May File. Applications to the Board and appeals from Planning and Zoning Department decisions shall be filed with the Page 4 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 Planning and Zoning Department, by the applicant or appellant, or his or her agent or attorney. Appeals may be filed by any person aggrieved or by any officer, department, board or bureau of the County or town affected by the Zoning Administrator’s Department’s decision. (2) Copies to Be Sent: The Zoning Administrator Department shall promptly transmit copies of the application or appeal as follows: Section 8. Subsection (f)(3)c. of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (3) Order of Hearings. c. Notice of Public Hearing (Read by Secretary or Zoning Administrator Director. Section 9. Subsection (g)(3) [Decision of the Board] of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (3) Decisions to be Mailed. Within 30 days after the close of the hearing to which a decision relates, written copies of such decision shall be mailed to the applicant and all interested parties and delivered to the Zoning Administrator, Department which shall constitute filing the decision in the office of the Board under Sec. 59.694(10) Stats. The approval or granting of appeals by the Board is deemed to constitute an order to the Zoning Administrator Department to issue a zoning permit. A denial of the application or appeal by the Board is deemed to be an order to deny the permit. Copies of written decisions authorizing conditional use permits or variances in shoreland/ wetland/ non-metallic mining or floodplain cases shall be mailed to the Wisconsin Department of Natural Resources. Section 10. Subsection (h)(2) [Refilings and Rehearings] of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): Page 5 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 (2) Reopenings and Rehearings Limited. The Board, on its own motion, may not reopen any case upon which a previous hearing has been held, except in the following circumstances: (a)a. To correct a manifest error or when there is some ambiguity or missing element in the decision that makes it impossible for the Planning and Zoning Department to apply the decision(s). In such a situation, the Board may reopen a case at its next scheduled meeting. (©5/21/2009); (A)1/31/2012) (b)b. The Board, at the request of the Planning and Zoning Department, may also reopen a case without regard to time limits if an interpretation of a prior decision is necessary, or if interpretation, modification or enforcement of conditions of a board decision is necessary. Nothing in this section c b. should be interpreted as allowing a complete reopening of the case, nor require or presume that the Board of Adjustment should make any substantial change in their decision. There shall be a $250.00 100.00 filing fee assessed if the applicant is the party seeking a partial reopening under this section c b. for purposes of deleting or substantially modifying a condition placed on a Board of Adjustment decision. There shall be no filing fee if the request for reopening is solely at the request of the Planning and Zoning Department. In any rehearing or reopening of a Board of Adjustment decision, the criteria for decision shall be the same legal criteria as for the original decision. Section 11. Subsection (f) of Section 13-1-103 [Violations] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby repealed by deletion highlighted by the strike out feature (deletion): (f) Voluntary Settlement Agreement. In lieu of the prosecution of a violation by the commencement of an action in the Bayfield County Circuit Court, the property owner and the Bayfield County Planning and Zoning Department may enter into a voluntary settlement agreement. The settlement agreement may include a provision imposing a settlement fee to be paid by the property owner. (©)1/25/2011) Section 12. Subsection (p) of Section 15-1-6 [Definitions] of Article A [Introduction] of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (p) State. The Wisconsin Department of Commerce Safety and Professional Services. Page 6 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 Section 13. Subsection (p) of Section 15-1-8 [Incorporation of Provisions by Reference] of Article B [General Requirements] of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): This ordinance incorporates by reference the following rules, regulations, and laws, as set forth in the Wisconsin Statutes and the Wisconsin Administrative Code governing the location, construction, and use of private sewage systems: Chapters. 145,and 281.48, Wisconsin Statutes; Chapters. comm 52.63, comm dsps 381, comm dsps 382, comm dsps 383, comm dsps 384, comm dsps 385, comm dsps 391, NR 113 and NR 116 Wisconsin Administrative Code. These rules, regulations, and laws shall apply until amended or renumbered and then shall apply as amended or renumbered. Section 14. In all Sections of Title 13, Title 14, Title 15 or Title 16, Bayfield County Zoning Code, Bayfield, Wisconsin that, prior to the date of enactment of this ordinance, contained the words “zoning department”, the words “zoning department” are hereby deleted and replaced with the addition “planning and zoning department. Section 15. In all Sections of Title 13, Title 14, Title 15 or Title 16, Bayfield County Zoning Code, Bayfield, Wisconsin that, prior to the date of enactment of this ordinance, contained the words “zoning committee”, the words “zoning committee” are hereby deleted and replaced with the addition “planning and zoning committee”. Section 16. In all Sections of Title 13, Title 14, Title 15 or Title 16, Bayfield County Zoning Code, Bayfield, Wisconsin that, prior to the date of enactment of this ordinance, contained the abbreviation “comm”, the abbreviation “comm” is hereby deleted and replaced with the abbreviation “dsps”. Section 17. The [Administration] listed under Section 15-1-20 and [Powers of Duties] listed under Section 15-1-21 of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): Sec. 15-1-20 Administration. The Planning and Zoning Administrator Director shall be responsible for the administration of this ordinance. The Planning and Zoning Administrator Director may delegate his responsibilities to personnel employed by the Zoning Department and in the case of issuing abatement orders, to the County Health Department. Page 7 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 Sec. 15-1-21 Powers and Duties. In the administration of this ordinance, the Planning and Zoning Administrator Director shall have the following powers and duties: Section 18. Subsection (e) of Section 15-1-23 [Violations and Penalties] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin is hereby repealed by deletion highlighted by the strike out feature (deletion): (e) In lieu of the prosecution of a violation by the Corporation Counsel, the property owner and the Bayfield County Planning and Zoning Department may enter into a voluntary settlement agreement. The settlement agreement may include a provision imposing a settlement fee to be paid by the property owner. Schierman explained that if the Committee would like he could go through these item by item. Schultz stated that on item F he had a question. Schierman explained that the department has been advised they cannot do settlement agreements. The way it is set up is that it is a work around the court system and citations need to go through the court system. Schultz asked did someone complain about the process. Schierman stated he believed it was the Clerk of Courts because they were not getting a cut. This was an effective enforcement tool and covered the cost of enforcement. Miller had a question on the fire wood processing. Schierman explained there is a definition added and a schedule of permissible uses, which would you like explained? Miller, at what volume? Schierman responded the volume or scale could be established at the time of permitting, the Committee could put a condition on the application. A couple people came forward that would like to be able to process firewood in a commercial zone. An example of this would be the guy in Poplar with all the firewood piles. This is not someone who processes firewood for themselves. In a Commercial zoning district this would require a conditional use permit, permitted in industrial, special use B in Agricultural, and permitted in forestry. Schultz asked why it is not allowed in R-RB and Schierman explained that he didn’t think that anyone would want commercial firewood processing in a residential zone. Definition: Any facility or operation, other than sawmills, where trees or timber are refined into firewood for commercial purposes. Schultz said that could be a small operation and doesn’t want to take away from people who are selling near campgrounds. Jardine said they are just talking about a commercial business not the small guys. Pocernich agrees that there isn’t a problem with firewood processing now. Miller asked if this is only going to affect commercial zoning districts. Schierman said it is setting a definition and this is not for the lemonade stand this is for commercial. Miller said this needs to be clarified and have a volume limit or an income established to it. Furtak said maybe limit it to a truck load of wood. The average person can get a truck load a year, anything over will be commercial. File Report: Schierman stated one letter of support from the Town of Russell for the proposed changes. Page 8 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 Discussion ended. 6. Adjournment of Public Hearing: Jardine made a motion to adjourn, Schultz seconded. Motion carried. Adjourned at 4:18 pm. 7. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:18 pm. 8. Roll Call: Jardine, Pocernich, Schultz, Miller and Rondeau –all present. Others present were: Director-Rob Schierman, Mike Furtak, AZA, and Krystal Hagstrom - Secretary. 9. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the May 16, 2013 meeting. Miller motioned to approve, Schultz seconded. No further discussion. Motion carried. 10. Business: A. Stephen Thill (Namakagon) – rezone from R-RB to Commercial [7.0–acre parcel (ID# 04-034-2-43-06-23-1-04-000-10000), described as part of SE ¼ of the NE ¼, East of County Trunk D and North of County Trunk M, Section 23, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Jardine motioned to postpone. Miller seconded. No further discussion. Motion carried. B. Bayfield County / Mark Ables-Allison (Iron River) – rezone from R-1 & Ag-1 to Municipal [three parcels one being a 34.75-acre parcel (Tax ID# 04-024-2- 47-08-06-3-03-000-10000) in V.63 P.447-448, located in that part of the SW ¼ of the SW ¼, in Sec 6, T 47 N, R 8 W, Town of Iron River; (2) a 40.00-acre parcel (Tax ID# 04-024-2-47-08-07-2-01-000-10000) described as NE ¼ of the NW ¼, in V. 10-P.240-241, subject to easements in V.800 P.96; V.236 P.13; V.234 P.204; V.214 P.114 and V.209 P.347 in Sec. 7, T 47 N, R8 W, Town of Iron River; and (3) a 32.34-acre parcel (Tax ID# 04-024-2-47-08-07- 2-02-000-10000) in V. 10-P.240-241, subject to easement in V.900 P.86, located in that part of the NW ¼ of the NW ¼, Sec. 7, T 47 N, R 8 W, Town of Iron River, Bayfield County, WI] Jardine motioned to approve based on Town Board Approval, which it meets the Comprehensive Plan, and the reasoning would be that they are all one zoning district. Schultz seconded. Schultz asked if the small print on the bottom of the page was simply because part of the property was in a shoreland / wetland and Schierman stated yes. Pocernich asked what the dark square was on the map and Motiff stated that is the water treatment in Iron River and is not part of the fairground property. No further discussion. Motion carried. Page 9 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 C. A petition by Rob Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting an amendment to the Bayfield County Zoning Ordinance to create section 13-1-22(l) regarding setbacks on properties subject to adverse possession. Section 1. The definitions listed under Section 13-1-4(a) [Definitions] of Article A [Introduction and Definitions] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby created to read as follows: (22m) Fire Wood Processing. Any facility or operation, other than sawmills, where trees or timber are refined into firewood for commercial purposes. Section 2. Subsection (e)(1) aa. [Fee Schedule] of Section 13-1-21 [General Land Use Requirements] of Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (e) Fees. aa. Board of Adjustment Hearing ............................. Special Exception .............................................. $ 550.00 Variance or Appeal ............................................ $ 800.00 Refiling & Rehearing Reconsideraton* ............... $ 800.00 Reopening & Reconsideration ........................... $ 250.00 .. *Transcript and any copy fees shall be paid by individual(s) whom make the request. Section 3. Subsection (a) of Section 13-1-62 [Classification of Uses] of Article D [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions): PERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Fire Wood Processing C P SB P Section 4. Subsection (c) [Appeals to the Board] of Section 13-1-102 [Board of Adjustment] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): Page 10 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 (c) Appeals to the Board. (4) The Zoning Administrator Department shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. Section 5. Subsection (e)(1) of [Board Powers] of Section 13-1-102 [Board of Adjustment] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (e) Board Powers. The Board of Adjustment shall have the following powers and duties: (1) Where it is alleged that there is error in any order, requirements, decision or determination made by the Zoning Administrator Department and/or Zoning Committee, the Board of Adjustment shall hear appeals and render decisions therefrom. Section 6. Subsection (d)(1) [Powers and Duties of the Board] of Section 13- 1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with deletions highlighted by the strike out features (deletions): (d) Powers and Duties of the Board (1) General Powers. The powers and duties of the Board are set forth in Sec. 59.694(7) of the Wisconsin Statutes and in Section 13-1-102 of the Bayfield County Planning and Zoning Ordinance. Section 7. Subsection (e)(1) & (2) [Applications and Appeal Procedures] of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (e) Applications and Appeal Procedures (1) Who May File. Applications to the Board and appeals from Planning and Zoning Department decisions shall be filed with the Planning and Zoning Department, by the applicant or appellant, or his or her agent or attorney. Appeals may be filed by any person aggrieved or by any officer, department, board or bureau of the County or town affected by the Zoning Administrator’s Department’s decision. Page 11 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 (2) Copies to Be Sent: The Zoning Administrator Department shall promptly transmit copies of the application or appeal as follows: Section 8. Subsection (f)(3)c. of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (3) Order of Hearings. c. Notice of Public Hearing (Read by Secretary or Zoning Administrator Director. Section 9. Subsection (g)(3) [Decision of the Board] of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (3) Decisions to be Mailed. Within 30 days after the close of the hearing to which a decision relates, written copies of such decision shall be mailed to the applicant and all interested parties and delivered to the Zoning Administrator, Department which shall constitute filing the decision in the office of the Board under Sec. 59.694(10) Stats. The approval or granting of appeals by the Board is deemed to constitute an order to the Zoning Administrator Department to issue a zoning permit. A denial of the application or appeal by the Board is deemed to be an order to deny the permit. Copies of written decisions authorizing conditional use permits or variances in shoreland/ wetland/ non-metallic mining or floodplain cases shall be mailed to the Wisconsin Department of Natural Resources. Section 10. Subsection (h)(2) [Refilings and Rehearings] of Section 13-1-102A [Board of Adjustment Rules and Procedures] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (2) Reopenings and Rehearings Limited. The Board, on its own motion, may not reopen any case upon which a previous hearing has been held, except in the following circumstances: Page 12 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 (a)a. To correct a manifest error or when there is some ambiguity or missing element in the decision that makes it impossible for the Planning and Zoning Department to apply the decision(s). In such a situation, the Board may reopen a case at its next scheduled meeting. (©5/21/2009); (A)1/31/2012) (b)b. The Board, at the request of the Planning and Zoning Department, may also reopen a case without regard to time limits if an interpretation of a prior decision is necessary, or if interpretation, modification or enforcement of conditions of a board decision is necessary. Nothing in this section c b. should be interpreted as allowing a complete reopening of the case, nor require or presume that the Board of Adjustment should make any substantial change in their decision. There shall be a $250.00 100.00 filing fee assessed if the applicant is the party seeking a partial reopening under this section c b. for purposes of deleting or substantially modifying a condition placed on a Board of Adjustment decision. There shall be no filing fee if the request for reopening is solely at the request of the Planning and Zoning Department. In any rehearing or reopening of a Board of Adjustment decision, the criteria for decision shall be the same legal criteria as for the original decision. Section 11. Subsection (f) of Section 13-1-103 [Violations] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby repealed by deletion highlighted by the strike out feature (deletion): (f) Voluntary Settlement Agreement. In lieu of the prosecution of a violation by the commencement of an action in the Bayfield County Circuit Court, the property owner and the Bayfield County Planning and Zoning Department may enter into a voluntary settlement agreement. The settlement agreement may include a provision imposing a settlement fee to be paid by the property owner. (©)1/25/2011) Section 12. Subsection (p) of Section 15-1-6 [Definitions] of Article A [Introduction] of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): (p) State. The Wisconsin Department of Commerce Safety and Professional Services. Section 13. Subsection (p) of Section 15-1-8 [Incorporation of Provisions by Reference] of Article B [General Requirements] of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin to read as follows, with additions Page 13 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): This ordinance incorporates by reference the following rules, regulations, and laws, as set forth in the Wisconsin Statutes and the Wisconsin Administrative Code governing the location, construction, and use of private sewage systems: Chapters. 145,and 281.48, Wisconsin Statutes; Chapters. comm 52.63, comm dsps 381, comm dsps 382, comm dsps 383, comm dsps 384, comm dsps 385, comm dsps 391, NR 113 and NR 116 Wisconsin Administrative Code. These rules, regulations, and laws shall apply until amended or renumbered and then shall apply as amended or renumbered. Section 14. In all Sections of Title 13, Title 14, Title 15 or Title 16, Bayfield County Zoning Code, Bayfield, Wisconsin that, prior to the date of enactment of this ordinance, contained the words “zoning department”, the words “zoning department” are hereby deleted and replaced with the addition “planning and zoning department. Section 15. In all Sections of Title 13, Title 14, Title 15 or Title 16, Bayfield County Zoning Code, Bayfield, Wisconsin that, prior to the date of enactment of this ordinance, contained the words “zoning committee”, the words “zoning committee” are hereby deleted and replaced with the addition “planning and zoning committee”. Section 16. In all Sections of Title 13, Title 14, Title 15 or Title 16, Bayfield County Zoning Code, Bayfield, Wisconsin that, prior to the date of enactment of this ordinance, contained the abbreviation “comm”, the abbreviation “comm” is hereby deleted and replaced with the abbreviation “dsps”. Section 17. The [Administration] listed under Section 15-1-20 and [Powers of Duties] listed under Section 15-1-21 of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out features (deletions): Sec. 15-1-20 Administration. The Planning and Zoning Administrator Director shall be responsible for the administration of this ordinance. The Planning and Zoning Administrator Director may delegate his responsibilities to personnel employed by the Zoning Department and in the case of issuing abatement orders, to the County Health Department. Sec. 15-1-21 Powers and Duties. Page 14 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 In the administration of this ordinance, the Planning and Zoning Administrator Director shall have the following powers and duties: Section 18. Subsection (e) of Section 15-1-23 [Violations and Penalties] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin is hereby repealed by deletion highlighted by the strike out feature (deletion): (e) In lieu of the prosecution of a violation by the Corporation Counsel, the property owner and the Bayfield County Planning and Zoning Department may enter into a voluntary settlement agreement. The settlement agreement may include a provision imposing a settlement fee to be paid by the property owner. Miller stated that the firewood processing should be stated as: if it is in excess of 30 face cords of wood and a face cord be defined as 4 foot x 8 foot x 16 inch. Schultz asked about the rehearing and reconsideration. Schierman & Furtak explained that when new evidence is found and if the Board is going to hear the whole case again then there needs to be a re-hearing and re-filling charge. If the department has a hard time understanding some of the conditions placed or if previous variance recipient wants one of the conditions removed then reconsideration is addressees. Schultz asked about item F and what an SB was. Schierman explained that SB is a special use permit. Schultz asked about R-RB and why it is not permitted there. Schierman said they already addressed that by limiting them to 30 face cords of wood. Miller asked why there are so many amendments lately. Schierman stated that basically this is a house keeping amendment. The department of professional services changed their name and there is no more Comm but instead there is DSPS so these names needed changing in the ordinance. Jardine motioned to approve and to include the corrections made. Miller seconded. Pocernich has a problem with deleting the voluntary settlement agreements and would like this left in the ordinance. Schultz agrees. Pocernich stated that there should be a second opinion on this issue and he wouldn’t change it. Schultz stated people liked it because they didn’t have to go to court. Miller asked if anyone said they couldn’t do this. Schierman stated yes Linda Carlson and John Carlson. Furtak stated when this was originally created it was created with the judge. Miller asked if there is anything in black and white stating we have to fine them a certain amount? Schierman stated the citation is set by statute. At this time he read a memo from John Carlson (see Exhibit A). Miller does not see the department as a prosecutor therefore is not even in the definition. Schultz said someone else should draft it then. Miler stated we could bargain something just not money. Pocernich said to leave this in here until someone brings us to court. Furtak said it sounds like you cannot collect a fee from them. Miller suggested leaving it alone but drop the fee part. Schultz suggested a “review fee”. Jardine stated that is a gray area. Schierman agreed with Jardine and thinks that should be reviewed by an attorney. Schultz stated we can’t impose a settlement fee so how about an inspection fee, a look at fee, or a reconsideration fee. We do that already with the appeals. Miller yes charge for our expenses. Schierman stated we can already through the court process. Miller said it is not against the law to have this in the ordinance. Schierman Page 15 of 15 ZC Planning and Zoning Public Hearing and Meeting – June 20, 2013 stated it is not against the law but it is our representative’s opinion to revoke this since it violates state stats. Pocernich again said leave the ordinance as it stands. Schultz would like to amend the motion that we do not include item #8 and leave it as is. Pocernich seconded. No further discussion. Approved – Miller, Schultz, and Pocernich. Opposed – Jardine. Motion carried. Schierman would like to point out that the section that the Committee would like to be left in the ordinance does appear in another section and that is section 18: Subsection (e) of Section 15-1-23 [Violations and Penalties] of Article F [Administration and Enforcement of Chapter 1 [Zoning Code] or Title 15 [Sanitary and Private Sewage Code], Bayfield County, Wisconsin is hereby repealed. If it is taken out of one section it should be taken out of both. Schultz would like to make the same amended motion as the previous one. Pocernich seconded. Not to delete the language and to keep it. No further discussion. Approved – Miller, Schultz, and Pocernich. Opposed – Jardine. Motion carried. No further discussion on the original motion and it includes the amendments. Motion carried. 11. Monthly Report Schierman stated for April the department is 66 permits off and $18,498 off of last year. Miller motioned to approve, Jardine seconded. No further discussion. Motion carried. Schierman stated for May the department is 52 permits off and $23,343 off of last year. Miller motioned to approve, Schultz seconded. No further discussion. Motion carried. 12. Adjournment Rondeau called adjournment at 4:50 pm. Prepared by KMH on 6/21/13; given to RDS 6/21/13 Approved by RDS on 6/21/13 Sent to ZC on 6/24/13 Final Approval on 7/18/13 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2013/#6 June