Bayfield City Zoning Code
ARTICLE III
Zoning Districts
§ 500-15 Establishment of districts.
[Amended 10-18-2006 by Ord. No. 335; 12-18-2007 by Ord. No. 339]
A.
For the purposes of this chapter, the City of Bayfield is hereby divided into the following standard zoning districts:
(1)
R-1 Residential District.
(2)
R-2 Residential District.
(3)
C-1 Commercial District.
(4)
W-1 Conservancy District.
(5)
FP-1 General Floodplain District (an overlay district).
(6)
Waterfront District.
B.
Planned development districts may be established in accordance with the provisions of Article IV.
§ 500-16 Zoning Map and district boundaries.
A.
The official zoning district map is an integral part of this chapter. The single official copy of this map entitled "City of Bayfield Official Zoning Map," together with a copy of this chapter, shall be available for public inspection during office hours. The map shall be certified by the Mayor and attested by the City Clerk. Any changes in zoning district boundaries shall be recorded on the map. No such change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
B.
The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.
C.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the district boundary line.
D.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
E.
In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.
§ 500-17 R-1 Residential District.
[Amended 10-18-2006 by Ord. No. 335; 4-20-2010 by Ord. No. 349; 6-10-2013 by Ord. No. 369]
A.
Purpose. The R-1 Residential District provides for one-family and two-family year-round residential development protected from traffic hazards and the intrusion of incompatible land uses. It is intended to encourage such development around existing residential areas where soil conditions are suitable for such development and in those areas which can be economically and readily served by utilities and municipal facilities.
B.
Permitted uses.
(1)
Single-family and two-family year-round dwellings.
(2)
Private garages and carports, but only as accessory to the principal use.
(3)
Essential services and utilities intended to serve the principal permitted use.
(4)
Signs subject to the provisions of Article VIII.
(5)
Horticulture and gardening.
(6)
Customary accessory uses, provided that such uses are clearly incidental to the principal use and that no such use generates traffic or noise that would create a public or private nuisance.
C.
Conditional uses.
(1)
Multifamily (three or more) dwelling units.
(2)
Rooming houses.
(3)
Mobile home parks subject to the conditions of this chapter.
(4)
Public and semipublic uses, including but not limited to the following: public and private schools, churches, public parks and recreation areas, day-care centers, hospitals, rest homes and homes for the aged, fire and police stations, and historic sites. Sewage disposal plants, garbage incinerators and maintenance, repair or storage buildings shall not be permitted.
(5)
Telephone, telegraph and power transmission towers, poles and lines, including transformers, substations, relay and repeater stations, equipment housing and other necessary appurtenant equipment and structures, above or below ground.
(6)
Home occupations meeting the requirements of § 500-76.
(7)
Structures in the R-1 District that have been placed on the National Register of Historic Places or those structures of historic importance as designated by the Bayfield Chapter of the County Historical Society may be considered for commercial uses which are ancillary to the principal use. Such requests will be considered principally to encourage the preservation of these historic structures.
(8)
Screening and fencing over four feet in height.
(9)
Swimming pools.
(10)
Kennels.
(11)
Bed-and-breakfast establishments.
(12)
Accessory dwelling units.
D.
Dimensional requirements.
(1)
Building height limit: 35 feet.
(2)
Required lot area:
(a)
Single-family dwelling: 9,600 square feet.
(b)
Two-family dwelling: 9,600 square feet.
(c)
Multifamily dwelling (over two): 4,800 square feet per family.
(3)
Minimum lot width: 80 feet.
(4)
Yards required:
(a)
Front yard: 25 feet.
(b)
Front yard (Historic District): 10 feet.
(c)
Side yards:
[1]
Principal building: seven feet for gable or nine feet for eave; 20 feet total.
[2]
Accessory building: same as for principal building.
(d)
Rear yard: 10 feet.
(5)
Minimum floor area per family:
(a)
For a three-bedroom apartment: 1,000 square feet.
(b)
For a two-bedroom apartment: 800 square feet.
(c)
For a one-bedroom apartment: 600 square feet.
§ 500-18 R-2 Multifamily Residential District.
[Amended 4-20-2010 by Ord. No. 349; 6-10-2013 by Ord. No. 369]
A.
Purpose. The R-2 Multifamily Residential District is intended to provide for multifamily year-round residential development in areas which are served by utilities and municipal facilities.
B.
Permitted uses.
(1)
Any use permitted in the R-1 District.
(2)
Multifamily year-round dwellings.
(3)
A garage or carport as accessory uses or signs complying with the requirements of this chapter.
C.
Conditional uses.
(1)
Any use authorized by conditional permit in the R-1 District.
(2)
Rooming houses and hotels/motels.
D.
Dimensional requirements.
(1)
Building height limit: 35 feet.
(2)
Required lot area:
(a)
Single-family dwelling: 9,600 square feet.
(b)
Two-family dwelling: 9,600 square feet.
(c)
Multifamily (over two): 4,800 square feet per family.
(3)
Minimum lot width: 80 feet.
(4)
Yards required:
(a)
Front yard: 25 feet.
(b)
Front yard (Historic District): 10 feet.
(c)
Side yards:
[1]
Principal building: seven feet for gable or nine feet for eave; 20 feet total.
[2]
Accessory building: same as for principal building.
(d)
Rear yard: 10 feet.
(5)
Minimum floor area per family:
(a)
For a three-bedroom apartment: 1,000 square feet.
(b)
For a two-bedroom apartment: 800 square feet.
(c)
For a one-bedroom apartment: 600 square feet.
§ 500-19 C-1 Commercial District.
[Amended 1-25-2006 by Ord. No. 332; 4-20-2010 by Ord. No. 349; 6-10-2013 by Ord. No. 369]
A.
Purpose. The C-1 Commercial District is intended to provide for the orderly and attractive grouping, at appropriate locations, of retail stores, shops, offices, and similar commercial establishments.
B.
Permitted uses. Facilities such as, but not limited to, the following:
(1)
Retail stores and shops offering convenience goods and services.
(2)
Business and professional offices and studios.
(3)
Banks and savings and loan offices.
(4)
Commercial entertainment facilities.
(5)
Laundromats.
(6)
Restaurants.
(7)
Taverns.
(8)
Medical, dental and chiropractic clinics.
(9)
(Reserved)
(10)
Recreation service-oriented facilities.
(11)
Hotels/motels and tourist rooming houses, subject to Subsection E.
(12)
Rooming houses, subject to Subsection E.
(13)
Signs in compliance with this chapter.
(14)
Horticulture and gardening.
(15)
Bed-and-breakfast establishments, subject to Subsection E.
(16)
Dwelling (single-family, two-family, or multiple-family), subject to Subsection E.
(17)
Direct sellers with permit under Ch. 200.
[Added 9-13-2016 by Ord. No. 382]
(18)
Handicapped- and wheelchair-accessible dwelling, subject to Subsection F.
[Added 11-14-2016 by Ord. No. 384]
C.
Conditional uses.
(1)
Public and semipublic conditional uses as stated in the R-1 District.
(2)
Wholesaling establishments.
(3)
Transportation terminals.
(4)
Auto service stations and maintenance facilities.
(5)
Miniature golf, go-karts, and amusement parks.
(6)
Drive-in establishments offering in-car service to customers.
(7)
Screening and fencing over four feet in height.
(8)
Above- and below-ground telephone and power transmission towers, poles, lines, relays, repeaters, transformers and substations, above and below ground.
(9)
Home occupations or professional home offices occupying less than 25% of the floor space with one or fewer nonresident employees.
(10)
Swimming pools.
(11)
Kennels.
(12)
Club meeting facilities.
(13)
[1]Hotels/motels not subject to Subsection E.
[1]
Editor's Note: Former Subsection C(13), Semipermanent merchant, was repealed 9-13-2016 by Ord. No. 382. This ordinance also renumbered former Subsection C(14) as Subsection C(13).
D.
Dimensional requirements.
(1)
Maximum building height: 35 feet.
(2)
Side yard:
(a)
Principal building:* none or, if provided, a minimum of 10 feet.
(b)
Accessory building:* none or, if provided, a minimum of 10 feet.
(3)
Front yard setback:* 15 feet.
(4)
Front yard setback (Historic District):* 10 feet.
(5)
Rear yard setback:* 10 feet.
(6)
Minimum lot width:* 40 feet.
(7)
Minimum lot length:* 120 feet.
* In the blocks in the Commercial District which are already developed, setbacks and minimum lot widths for new or renovated buildings may correspond with the existing setbacks, provided that the Plan Commission determines such action will be in keeping with the purposes of this chapter. |
E.
A use subject to this subsection (hereafter "the subject use") shall comply with the following restrictions: The subject use shall not be permitted on any floor with an elevation of less than nine vertical feet above or below street level, measured from the highest street elevation adjoining that portion of the property on which the subject building is located. Up to, but not more than, 50% of any such floor may be used for purposes ancillary to the subject use, such as parking or storage, provided that such ancillary use may not be located on the 50% of the floor area nearest the street or avenue adjoining the subject building (or, if the building is on a corner, nearest the avenue adjoining the building), nor may such area be reserved for use by occupants or users of the subject use.
F.
A handicapped- and wheelchair-accessible dwelling is permitted on the ground floor and is not subject to Subsection E. However, such ground-floor handicapped- and wheelchair-accessible dwelling shall comply with the following restrictions: The dwelling shall be for long-term housing for individuals that require a handicapped-accessible housing unit. No more than 35% of any ground floor shall be dedicated to such dwelling. Any such dwelling shall be a minimum of 550 square feet in size, as measured from the interior walls. Prior to construction of any such dwelling, the Plan Commission must first approve architectural plans.
[Added 11-14-2016 by Ord. No. 384]
§ 500-20 (Reserved) [1]
[1]
Editor's Note: Original Sec. 13-1-25, I-1 Industrial District, was deleted 10-18-2006 by Ord. No. 335.
§ 500-21 W-1 Conservancy District.
[Amended 6-10-2013 by Ord. No. 369]
A.
Purpose. The W-1 District is intended to preserve the natural state of undeveloped lands that, due to their topography, soil composition, or other similar factors, are not suitable for significant development because of the potential hazards to public or private property or the public welfare that would result therefrom.
B.
Permitted uses.
(1)
Management of forestry, wildlife and fish.
(2)
Harvesting of wild crops such as marsh hay, ferns, moss, berries, fruit trees, and tree seeds.
(3)
Essential services.
(4)
Horticulture and gardening.
C.
Conditional uses.
(1)
Drainage where such activity will not be in conflict with the stated purposes of this district.
(2)
Public and private parks.
(3)
Dams.
(4)
Grazing where such activities will not be in conflict with the stated purposes of this district.
(5)
Orchards and wild crop harvestings.
(6)
Telephone, telegraph and power transmission towers, poles and lines, including transformers, substations, relay and repeater stations, equipment housings and other necessary appurtenant equipment and structures, above and below ground.
(7)
Signs, subject to the provisions of this chapter.
(8)
Screening and fencing over four feet in height.
(9)
Outdoor classes.
(10)
Recreational trails.
D.
No use shall involve dumping or filling of mineral soil, or peat removal or any other use that would disturb the natural fauna, flora, watercourses, water regimen, or topography.
§ 500-22 FP-1 Floodplain District.
[Amended 6-10-2013 by Ord. No. 369]
Regulations regarding development in the FP-1 Floodplain District are contained in Chapter 407, Floodplain Zoning, of the Code of the City of Bayfield.
§ 500-23 Waterfront District.
[Amended 6-10-2013 by Ord. No. 369]
A.
Purpose. The purpose of the Waterfront District is to:
(1)
Establish a zoning district specifically applicable to marine commercial and recreational uses located on the City's waterfront;
(2)
Provide for the review of proposed uses and new construction;
(3)
Carry out the policies of the Comprehensive Plan (2001-2021);
(4)
Enhance and improve the overall quality, appearance and function of the Waterfront District;
(5)
Promote the harmonious relationship between harbor uses and adjacent neighborhoods;
(6)
Ensure the protection of coastal resources and views; and
(7)
Provide public access and maintenance of public areas.
B.
Permitted uses.
(1)
Commercial fish receiving facilities.
(2)
Remodeling of existing structures; project size not to exceed more than 10% of the existing building.
(3)
Fish market, with or without cooked food to go.
(4)
Farmer's market (those operating on a more-permanent basis).
C.
Conditional uses.
(1)
Construction or alteration of landscape and parking areas.
(2)
Construction or alteration of harbor facilities, including boat docks, rest rooms, trash enclosures, walkways, lighting, and observation decks.
(3)
Dry boat storage and launching facilities.
(4)
Hoist machinery.
(5)
Hotels and motels.
(6)
Marine or visitor retail services, commercial uses and eating and drinking establishments.
(7)
New construction.
(8)
Sport-fishing facilities.
(9)
Public or quasi-public buildings of a recreational, educational, cultural or public utility service nature.
(10)
Beach and water accessways, public or private.
(11)
Parking areas or lots.
(12)
Picnic grounds and barbecue facilities, public or private, including any other structure, shelter, or building, parks.
(13)
New public fishing facilities, docks and breakwalls.
(14)
(Reserved)
(15)
Navigation aids and devices involving the erection of a structure.
(16)
Public rest room facilities.
(17)
Any other uses or service establishments that are determined by the Plan Commission to be of the same general nature as the foregoing uses; those that will not impair the present or potential uses of adjacent properties and are consistent with the policies of the Comprehensive Plan.
D.
General regulations. The following requirements shall apply in the Waterfront District for all uses proposed except as otherwise provided in this chapter:
(1)
Maximum building height: 35 feet.
(2)
Building setback:
(a)
Side yard:
[1]
Principal building:* a minimum of 10 feet.
[2]
Accessory building: a minimum of 10 feet.
(b)
Front yard:* 10 feet.
(c)
Rear yard: 10 feet.
(3)
Minimum lot width: 40 feet.
(4)
Minimum lot length: 120 feet.
*In blocks in the Waterfront District which are already developed, setbacks and minimum lot widths for new or renovated buildings may correspond with the existing setbacks, provided that the Plan Commission determines such action will be in keeping with the purposes of this chapter.[1] |
[1]
Editor's Note: Original Sec. 13-1-30, containing Table A - Permitted Uses in Districts, and Table B - Building and Property Dimensional Requirements, which followed this section, was deleted 10-18-2006 by Ord. No. 335.
§ 500-24 Deemed dimensions for lots on original plat.
If a lot subject to the area and dimensional requirements of §§ 500-17, 500-18, and/or 500-19 (hereafter "the subject lot") consists of one or more platted lots established by the original plat of the City of Bayfield and purporting thereon to have dimensions of 40 feet by 120 feet, whose actual dimensions have been shown by a subsequent survey to be less than 40 feet by 120 feet but more than 35 feet by 115 feet, then the dimensions of platted lots shall be deemed to be 40 feet by 120 feet for purposes of determining whether the subject lot meets the applicable dimensional and area requirements.