Bayfield City Zoning Code
ARTICLE XI
Accessory Uses and Structures; Fences and Hedges; Home Occupations
§ 500-71 Accessory uses or structures.
A.
Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
B.
Placement restrictions in Residential Districts. An accessory use or structure in a Residential District may be established subject to the following regulations:
(1)
Accessory building number limits. In any Residential District, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot.
(2)
Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.
(3)
Detached accessory buildings.
(a)
No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than 30% of the required rear yard.
(b)
Any accessory building, use or structure shall conform to the applicable regulations of the district in which it is located except as specifically otherwise provided herein, except that when an accessory building is located forward of the rear building line of the principal building it shall satisfy the same side yard requirements as the principal building.
(c)
No accessory building other than a garage in a Residential District shall be erected in any yard except a rear yard, and all accessory buildings shall be located not less than seven feet from all lot lines and from any other building or structure on the same lot; except as provided in Subsection (h).
(d)
When an accessory building is a part of the main building, or is substantially attached thereto or lies within seven feet of an exterior wall of the main building, the side yard and rear yard requirements for the main building shall be applied to the accessory buildings.
C.
Use restrictions in Residential Districts. Accessory uses or structures in Residential Districts shall not involve the conduct of any business, trade or industry except for home occupations authorized by conditional use permits under § 500-76.
D.
Placement restrictions in nonresidential districts. An accessory use or structure in a Business District may be established in the rear yard or side yard and shall not be nearer than 10 feet to any side or rear lot line.
[Amended 10-18-2006 by Ord. No. 335]
E.
Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, nor nearer than three feet to the side line of the adjacent structure.
F.
Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.
G.
Temporary uses. Temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the Zoning Administrator.
H.
Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided as follows:
(1)
That such private garage shall be located not less than five feet from the front lot line;
(2)
That the floor level of such private garage shall be not more than one foot above the curb level; and
(3)
That at least 1/2 the height of such private garage shall be below the mean grade of the front yard.
I.
Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.
J.
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.
K.
Retaining walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the property line.
L.
Use for human habitation. Accessory structures shall not be used for human habitation except as provided in § 500-75.
§ 500-72 Outside storage of firewood.
A.
No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this section shall not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of the Code of the City of Bayfield.[1]
[1]
Editor's Note: See Ch. 289, Nuisances.
E.
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 500-73 Fences and hedges.
[Amended 6-12-2017 by Ord. No. 387]
A.
Fences defined. For the purpose of this section, a "fence" is herein defined as a barrier consisting of vegetation, wood, stone, metal or other like material. For the purpose of this section, the term "fence" shall include plantings, such as hedges and shrubbery.
B.
Fences categorized. Fences shall be categorized into five classifications:
(1)
Boundary fence: a fence placed on or within three feet of the property lines of adjacent properties.
(2)
Protective fence: a fence constructed to enclose a hazard to the public health, safety and welfare.
(3)
Architectural or aesthetic fence: a fence constructed to enhance the appearance of the structure or the landscape.
(4)
Hedge: a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.
(5)
Picket fence: a fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.
C.
Placement of fences regulated. Fences, walls and continuous linear shrubbery such as hedges shall be permitted in all yards subject to the following limitations:
(1)
Residential fences: permitted on property lines in Residential Districts, but shall not in any case exceed a height of four feet; shall not exceed a height of four feet in the front yard and shall not be closer than two feet to any public right-of-way. Any residential fence over four feet shall require a conditional use permit.
(2)
Security fences: Security fences are permitted by conditional use only. Security fences may be permitted on the property lines in all districts except Residential Districts.
D.
Hedges. The height and setback for hedges shall be the same as required for fences; provided, however, that hedges three feet in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the tree lawn area or, where no tree lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained.
E.
Prohibited fences. No fence shall be constructed which is in a dangerous condition, as determined by the Building Inspector, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or height and project toward the fenced property and away from any public area.
F.
Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
G.
Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.
H.
Requirements of fences. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance. Any fence not consistent with the City Historic District Guidelines addressing fencing must receive approval from the Plan Commission.
§ 500-74 Swimming pools.
A.
Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. The regulations herein shall also be applicable to hot tubs.
B.
Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.
C.
Permit required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. A fee as set by the Common Council shall accompany such application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction as provided for in Subsection B, unless the following construction requirements are observed:
(1)
All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all ordinances of the City now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.
(3)
All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and City ordinances regulating electrical installations.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.
(2)
No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the waterline of any pool be less than five feet from any lot line.
F.
Fence.
(1)
Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool, or shall have a cover or other protective device over such swimming pool of such a design and material that the same can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes. Such fence or wall shall not be less than six feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.
(2)
The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top or where the sidewalls are a minimum of 36 inches high and pool ladders can be removed when not in use.
G.
Compliance. All swimming pools existing at the time of passage of this Code of Ordinances[2] not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.
[2]
Editor's Note: Refers to the 1992 Code of Ordinances.
H.
Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Plumbing Inspector. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the State Board of Health shall be necessary before the construction of any such pool may commence.
I.
Filter system required. All private swimming pools within the meaning of this chapter must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
J.
Dirt bottoms prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
§ 500-75 Accessory dwelling units.
A.
Purpose. For the purpose of increasing the availability of residential housing within the City of Bayfield, this section authorizes the permitting by conditional use permit of accessory dwelling units on lots improved with principal single-family dwellings. To ensure that such units are compatible with areas zoned for one- and two-family residential use, they are permitted only pursuant to the requirements of this section.
B.
Requirements. A conditional use permit under § 500-29 et seq. shall be required for an accessory dwelling unit. No such permit shall be issued unless all of the following requirements are met:
(1)
The unit must be located in an R-1 or R-2 Zoning District.
(2)
A single-family dwelling must exist on the site proposed for the location of the accessory dwelling unit or be constructed thereon in conjunction with the accessory unit.
(3)
Only one accessory dwelling unit shall be permitted per parcel.
(4)
The floor area of an accessory dwelling unit shall not exceed 600 square feet.
(5)
The side yard and rear yard setbacks for detached accessory dwelling units shall be consistent with accessory building setback requirements, and an attached accessory dwelling unit shall meet the same setback requirements as those pertaining to the principal building located on the property. Either the principal dwelling or the accessory dwelling unit must be occupied by the property owner.
(6)
No accessory dwelling unit shall be used for transient occupancy.
(7)
No accessory dwelling unit shall exceed the height of the principal building on the property.
(8)
One parking space, covered or uncovered, shall be provided on-site for each studio and one-bedroom accessory unit, in addition to the required parking for the primary residence as determined at the time such application is made. For each accessory unit with a second bedroom, a second space must be provided, for a total of two additional parking spaces. If a standard parking arrangement cannot be accommodated, then one standard space may be provided in tandem for the primary residence within the driveway portion of the front yard or exterior side yard setback if it does not block the parking for the accessory unit.
(9)
Exterior alterations shall be held to the minimum necessary, blending with the existing residence on the lot and neighborhood residences by architectural use of building forms, height, materials, colors, landscaping, etc.
(10)
Exterior design shall be in harmony with the immediate neighborhood; construction materials and methods shall conform to acceptable construction practices.
(11)
The accessory unit shall not result in excessive noise, traffic and parking congestion.
(12)
The property must front on an adequate water main and be adequately served by a meter sized for single-family use.
(13)
The property must front on an adequate sewer line with capacity to serve the accessory unit.
(14)
The accessory unit must maintain the scale of adjoining residences and blends into the existing neighborhood.
(15)
The site plan shall provide adequate open space and landscaping that is useful for both the accessory dwelling unit and the primary residence. Open space and landscaping shall provided for privacy and screening of adjacent properties.
(16)
The location and design of the accessory unit shall not significantly impact the privacy and solar access of adjacent properties, and shall protect significant natural resources on site including heritage trees and shrubs.
(17)
The effect of the proposed accessory dwelling unit on the factors listed in § 500-35I has been evaluated and the standards set forth in § 500-35A through H are met.
C.
Deed restrictions.
(1)
Before obtaining a building permit for an accessory dwelling unit, the property owner shall file with the County Register of Deeds a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
(a)
The accessory unit shall not be sold separately.
(b)
The unit is restricted to the approved size.
(c)
The use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the owner of record as the principle residence.
(2)
The above declarations are binding upon any successor in ownership of the property and lack of compliance shall be cause for revoking the conditional use permit.
(3)
The conditional use permit and restrictive conditions shall terminate upon removal of the accessory unit.
§ 500-76 Home occupations.
A home occupation may be permitted as a conditional use in a dwelling unit if and only if the effect of the proposed occupation on the factors listed in § 500-35I has been evaluated and the standards set forth in § 500-35A through H are meet, and the occupation:
A.
Is operated and maintained only by a resident of the dwelling unit in which it occurs;
B.
Does not change the residential character of the dwelling unit in which it occurs;
C.
Does not have more than one employee not living in the dwelling unit; and
D.
Does not involve:
(1)
The use of an area greater than 400 square feet;
(2)
The use of any required front or exterior side yard area or setback area, or the use of any required covered or uncovered on-site parking space;
(3)
Any activity or use that involves:
(a)
A significant increase in vehicular trips to the residence;
(b)
Storage or use of hazardous waste or unsanitary material;
(c)
Creation of excessive noise levels and/or other nuisance factors; or
(d)
Auto, truck motorcycle, or motor boat repair.
§ 500-76.1 Temporary shelters.
[Added 3-11-2013 by Ord. No. 368]
A temporary shelter shall be allowed in any zoning district for up to one week without a permit and for longer periods of time, not exceeding six months, upon application to the Plan Commission for a temporary shelter permit and the granting of such a permit by the Plan Commission. Waterfront zoned properties may obtain an extension upon written request at no additional fee. The application shall describe the proposed temporary shelter and its proposed location, use, and duration, and any permit issued shall specify the type of temporary shelter, and the location, use, and duration thereof, authorized by the permit. In determining whether to issue such a permit, the Plan Commission shall consider the factors listed in § 500-35. The fee for a temporary shelter permit shall be set by the Common Council. Temporary shelters shall be allowed only as provided in this section.