City of Bayfield, WI General Provisions

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.[1]

[1]

Editor's Note: Original § 13-1-10(e), Lots abutting more restrictive district, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 500-11D.

Relationship with other laws. Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.

§ 500-10 Use regulations.

Only the following uses and their essential services may be allowed in any district:

Permitted uses. Permitted uses, being the principal uses, specified for a district.

Accessory uses.

Accessory uses and structures (except accessory dwelling units, which are permitted by conditional use permit in R-1 and R-2 Districts) are permitted in any district but not until their principal structure is present or under construction.

Any permanent, roofed structure serving as an accessory use, if attached to the principal building, shall be considered a part of the principal building. If such structure is a building and is not attached to the principal building, it shall conform to the setback and other dimensional requirements of the district within which it is located.

Conditional uses.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article V of this chapter except those existent at time of adoption of this chapter.

Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Plan Commission in accordance with Article V of this chapter.

Conditional uses authorized by the Plan Commission shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

Conditional uses authorized by the Plan Commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Plan Commission approval and the procedures required in Article V of this chapter.

Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in § 500-15 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Plan Commission, in accordance with the following procedure:

Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Plan Commission to facilitate the determination.

Investigation. The Plan Commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to recommend its classification.

Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 500-15.

Effective date of determination. At the time of this determination of the classification of the unlisted use by the Zoning Board of Appeals, the classification of the unlisted use shall become effective.

§ 500-11 Site regulations.

Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot or combined lot frontage (the City has existing forty-foot lots that are combined as a building site) shall have a minimum public street frontage of 80 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.

Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses may be located on a lot. The Plan Commission may permit as a conditional use or planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.

Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The front yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such front yard setbacks shall be no less than the average of the front yards required in both districts.

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which its bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Common Council.

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Common Council, upon the recommendation of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of the said vacated area shall not be affected by such proceeding.

Platting. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.

Dwelling units. No unfinished home, tent or trailer shall, at any time, be used as a dwelling unit, except mobile homes located in an approved mobile home park. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the Building and Housing Codes.[1] An accessory building may be used as a dwelling unit only upon the issuance of a conditional use permit for an accessory dwelling unit under § 500-75.

[1]

Editor's Note: See Ch. 152, Building Construction.

Animal yards. Animal feed yards, animal sales yards, commercial kennels for dogs or cats, riding academies and public stables shall be located no closer than 200 feet from any property line, shall provide automobile and truck egress, shall provide parking and loading spaces, so designed as to minimize traffic hazard and congestion, proponent shall show that odor, dust, noise, drainage shall not constitute a nuisance or a hazard to adjoining property or uses.

Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Common Council.

§ 500-12 Modifications.

Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.

Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks, are exempt from the height limitations of this chapter.

Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.

Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line, except that communications structures more than 15 feet in height over their mounting shall be conditional uses.

(5)

Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height not exceeding 60 feet and not exceeding five stories, provided that the front, side and rear yards required in the district in which such structure is to be located are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:

Architectural projections, such as chimneys, flues, sills, eaves, belt courses, ornaments, landings and fire escapes may project into any required yard, but such projection shall not exceed two feet.

Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

Landscaping and vegetation are exempt from the yard requirements of this chapter.

Corner side yards. The required side yard on the street side of corner lots shall be at least 50% greater than the minimum specified for the district.

§ 500-13 Reduction or joint use.

[Amended 10-18-2006 by Ord. No. 335]

The provisions of § 500-9D(1) of this chapter shall apply to yard reduction and joint use of yards.

§ 500-14 Screening and fencing requirements.

Screening or fencing as required by this chapter shall be subject to the following provisions:

Approval required. Any use or conditional use listed in this chapter requiring screening or fencing shall be permitted only when authorized by the City and subject to its approval of a screening or fencing plan for that particular use.

Objective. Planting or other suitable screening including fences or freestanding walls shall be required where deemed necessary for screening for enclosure purposes by the City, such as around outdoor storage yards and industrial property lines, salvage yards, refuse disposal sites, quarries and mines, mobile home parks, and trailer camps. Such provisions shall be required to the extent needed to provide for:

Screening of objectionable views.

Adequate shade.

Enclosure of storage materials.

Public health and safety.

(5)

A suitable setting for the particular use and other facilities.

Extent.

Screen planting. Adequate to screen objectionable views effectively within a reasonable time; in some cases temporary screening devices may be required until suitable screen planting can be achieved.

Other planting. For mobile home parks and trailer camps, other planting should be adequate in size. The quantity and character shall provide an attractive setting for the mobile homes, trailers and other improvements, provide adequate privacy and pleasant outlooks for living units, minimize reflected glare and afford summer shade.

Existing planting. Acceptable as required planting to the extent that it is equivalent, suitable and preserved in good condition.