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Hayward City Zoning Code

ARTICLE XVII

General Provisions

§ 515-55 Application of provisions.

The use of any land or water; the size, shape and placement of lot; the use, size, height, type, and location of structures thereon; and the provisions for open spaces shall be in compliance with the regulations set forth on the "Official Zoning Map, City of Hayward, Wisconsin," and in the text of this chapter.

§ 515-56 Standard district provisions.

A. 
Setback requirements on highways and roads. The setback along highways and roads with speeds equal to or greater than 35 miles per hour shall be 80 feet from the center line or 40 feet from the right-of-way, whichever is greater.
[Amended 7-20-2009 by Ord. No. 490]
(1) 
All state and U.S. numbered highways are hereby designated Class A highways.
(2) 
All county trunk highways not otherwise designated as Class A highways are hereby designated Class B highways.
(3) 
All City streets and town roads not otherwise designated Class A or Class B highways are hereby designated Class C highways.
(4) 
Along highways and roads with posted speeds less than 35 miles per hour, a setback equal to the average setback of existing principal buildings located within 500 feet of a proposed building site and on the same side of the street shall be permitted where five of the principal buildings do not conform with the appropriate setback line.
(5) 
Minor readily removable structures such as open fences or signs permitted by this chapter may be placed within setback lines, subject to the granting of a conditional use permit. Public utility equipment without permanent foundations shall be permitted without the necessity for said public utility obtaining a conditional use permit. When deemed necessary by the Hayward Planning Commission in connection with development such as highway improvement programs, property owners and public utilities shall remove, at their own expense and without right of compensation, any such structures erected within setback lines established by this chapter.
[Amended 9-8-1980 by Ord. No. 197]
(6) 
Fences are allowed on property provided the property owner applying for a permit for a fence obtains a written agreement from the adjoining property owner/owners regarding location, design and style of the fence, prior to any permit being issued.
[Added 10-9-2000 by Ord. No. 393]
B. 
Access driveways.[1]
[Amended 6-8-1998 by Ord. No. 364; 7-13-1998 by Ord. No. 369; 5-26-2004 by Ord. No. 441]
(1) 
Access driveways to streets and highways from abutting properties shall comply with the following requirements:
Class of Highway
Minimum Distance of Highway Frontage Between Access Driveways For Separate Land Uses
(feet)
Minimum Distance the Nearest Edge of an Access Driveway May Be From the Right-of-Way of Any Highway or Street
(feet)
Class A highways
Federal aid highways:
Primary
600
75
Secondary
500
Class B highways
300
Class C highways
75
(2) 
Where there is more than one lot abutting on Class A and Class B highways between access driveways, a service road of not less than 50 feet right-of-way shall be provided across the entire frontage of each lot unless a temporary access permit has been granted with the approval of the agency having jurisdiction over the highway. Use of access is limited to the use authorized in the temporary access permit. This permit will be revoked when a frontage road is provided.
(3) 
Upon a recommendation from the Public Works Committee, the Common Council of the City of Hayward may, on a case-by-case basis, approve an access driveway located less than 75 feet from the right-of-way of any City street, due to circumstances unique to the property. Said approval shall be memorialized by a resolution adopted by a majority vote of the Common Council of the City of Hayward at the next regularly scheduled meeting of the full Common Council.
(4) 
The maximum number and width of access driveways to highways and service roads shall be as follows:
Type of Access Driveway
Maximum Number of Access Driveways
Maximum Width of Access Driveways
(feet)
Commercial and industrial land uses
2
35
Other land uses
1 (additional allowed by conditional use permit)
24
(5) 
While cross-overs in median strips have been provided, access driveways shall be directly opposite these cross-overs.
[1]
Editor's Note: Former Subsection B, Visual clearance at intersections was repealed 9-16-2013 by Ord. No. 520.
C. 
Excessive height permitted. Heights of the following structures may exceed ordinance limits for the district in which it is to be located with the approval of the Hayward Planning Commission: cooling towers, penthouses, stacks, lookout towers, silos, windmills, water towers, spires, radio and television aerials, masts, antennas and necessary mechanical appurtenances and other approved special structures.
D. 
Lot sizes.
(1) 
After adoption of this chapter, no lot area shall be so reduced that the dimensional and yard requirements required by this chapter cannot be met. Lots existing and of record prior to adoption of this chapter, but of substandard size, may be devoted to uses permitted in this district in which located.
(2) 
If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purposes of this chapter.
(3) 
Lots created after adoption of this chapter and which are not served by public sewer systems shall meet minimum area requirements of the Sawyer County Sanitary Code.
E. 
Accessory uses and structures.
(1) 
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.
(2) 
In the Residential 2 District, one building, other than a garage, not exceeding 150 square feet shall be permitted for each twin home dwelling unit.
[Added 1-16-2012 by Ord. No. 510]
F. 
Drainage, sanitation and water supply.
(1) 
No principal building shall be erected, structurally altered, or relocated on land which is not adequately drained at all times by reason of adverse soil conditions, steep slopes, shallow impermeable bedrock, periodic flooding, or where the lowest floor level is less than four feet above the highest groundwater level. This section shall not apply in areas served by City sanitary sewers.
(2) 
No principal building intended for human use or occupancy shall be erected, structurally altered, or relocated on a lot, unless provision is made for safe and adequate facilities for water supply and disposal of sewage in accordance with the regulations of the Sawyer County Sanitary Code and the appropriate requirements of the Wisconsin Administration Code.
(3) 
The City of Hayward Building Inspector or License and Permit Committee of the City Council shall not hereafter authorize a building to be erected, structurally altered, or relocated which has a private waste disposal system unless the plans for the system have been reviewed in accordance with the provisions of the Sawyer Sanitary Code, and a sanitary permit has been issued. Private sewage disposal systems for dwelling units shall meet the location requirements of the Sawyer County Sanitary Code and the applicable minimum standards of the Wisconsin Administrative Code.
(4) 
Where connection is not to be made to a public water system, no residential use shall be permitted unless provision is made for a safe and adequate supply of drinking water located on the premises, a permit for which has been obtained in accordance with the provisions of the Sawyer County Sanitary Code.
(5) 
Planned unit developments shall be served by the City's sanitary sewerage facilities or by sewerage facilities which meet the requirements of the Sawyer County Sanitary Code and the applicable minimum standards of the Wisconsin Administrative Code.
G. 
Excepting in the fire zone, nothing in this chapter shall prevent rebuilding a structure in the exact location and for the same use as its previous use, irrespective of zoning and setback requirements, should said structure be destroyed by fire or other means or razed for the purpose of improving the former structure subject to the review by the Building Inspector and Licensing and Permits Committee.

§ 515-57 Supplementary regulations.

A. 
Airport safety zones Pursuant to § 114.136(2)(B), Wis. Stats.
B. 
Off-street parking. Any building hereafter erected or placed on a lot shall be provided with off-street parking spaces for those using such building.
(1) 
Each parking space shall be a minimum of nine feet wide and 18 feet in length.
[Amended 7-20-2009 by Ord. No. 490]
(2) 
Residential 1 uses shall be provided with at least one parking space for each dwelling unit. Residential 2 shall have a minimum of two off-street parking spaces for each twin home dwelling unit, one of which must be within an enclosed garage.
[Amended 1-16-2012 by Ord. No. 510]
(3) 
Commercial and industrial uses as listed and permitted in the zoning districts shall be provided, except as noted below, with one parking space for each 200 square feet of floor area. However, restaurants taverns, and similar establishments shall be provided with at least one space for each three seats devoted to patron use; motels, tourist cabins and similar establishments shall be provided with at least one space for each unit; drive-in eating stands offering in-car service shall be provided with at least four spaces for each person employed to serve customers.
(4) 
Public gathering uses shall be provided with at least one space for each five patrons to be accommodated on the premises.
C. 
Off-street loading and unloading. Any commercial or industrial building hereafter erected or placed on a lot shall be provided with sufficient off-street loading and unloading space so that no public streets or alleys need be blocked by such activities. In the Industrial District, such buildings shall be provided with a minimum of 400 square feet of off-street loading and unloading space.
D. 
Notwithstanding provisions set forth in Subsection A, B or C of this section, said provisions may be modified by the granting of a conditional use permit where the Hayward Planning Commission deems said modification to be in the best interest of the City of Hayward and adjacent landowners.
[Added 9-8-1980 by Ord. No. 197]
E. 
Adverse effects on properties. Construction, grading, excavating, snow removal or other similar activities which result in drainage, runoff, erosion or the depositing of materials on adjacent properties shall not be allowed.
[Added 7-20-2009 by Ord. No. 490]
F. 
Additional requirements for Residential 2 Districts:
[Added 1-16-2012 by Ord. No. 510]
(1) 
A joint or attached driveway serving attached two-home dwelling is permitted, provided covenants addressing the maintenance of such driveway are in a form approved by the City Zoning Administrator.
(2) 
Placement of driveways that are not shared with the adjoining attached two-home dwelling shall be allowed as approved by the City Zoning Administrator.
(3) 
A minimum fire separation complying with § Comm 21.08, Wis. Adm. Code, providing a vertical separation of all areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.
(4) 
The plans, specifications and construction shall require the installation and construction of separate sewer, water and other utility services to each twin home dwelling.
(5) 
Both living units of the twin home dwelling shall remain unoccupied until completion of construction of the entire twin home dwelling.
(6) 
A maintenance agreement (party wall agreement), approved by the City Zoning Administrator, shall be entered into by the owners of the attached twin home dwelling in order to ensure that equal and reasonable maintenance and repairs are performed on the attached twin home dwelling. Alternatively, provisions for maintenance of common walls may be incorporated into applicable covenants to be reviewed and approved by the City Zoning Administrator.
(7) 
Easements necessary for water, sewer and utility services and the maintenance agreement shall be recorded with the Sawyer County Register of Deeds.
(8) 
The exterior and roof materials on each attached twin home dwelling shall be of the same color, quality and consistency.
(9) 
A statement shall be placed on the face of all twin home plats creating twin home dwelling lot stating: "When two attached, single-family dwelling units are created, matters of mutual concern to the adjacent property owners, due to construction, catastrophe, and/or maintenance, shall be guarded against by private covenants and deed restrictions, and the City of Hayward shall not be responsible for the same."

§ 515-58 Shoreland regulations.

A. 
Setback. For lots that abut on navigable waters, the following setback regulations shall apply:
[Amended 9-17-2007 by Ord. No. 477; 6-17-2013 by Ord. No. 516; 6-8-2015 by Ord. No. 525]
(1) 
All structures shall be set back 75 feet from the normal high water elevation of navigable waters.
(2) 
Additions and alterations.
(a) 
Additions and/or alterations to preexisting, nonconforming structures may be allowed less than 75 feet from the normal high water elevation of navigable waters upon receiving a conditional use permit.
(b) 
Said additions/alterations shall be no closer than the preexisting, nonconforming structure and shall include a stormwater runoff plan which will alleviate any additional runoff created by the addition and/or alteration.
(3) 
Private sewage disposal systems shall conform to the setback requirements of the Sawyer County Sanitary Code and the applicable rules, regulations and laws set forth in the Wisconsin Statutes and the Wisconsin Administrative Code.
(4) 
The City of Hayward Building Inspector shall determine the normal high water elevation where not established.
B. 
Cutting of trees and natural shrubbery within a strip paralleling the shoreline and extending inland 35 feet from the normal high water mark of the shoreline shall be limited as follows:
(1) 
Within any one-hundred-foot length of this strip, no more than 30% shall be clear cut.
(a) 
A conditional use permit will be required for any clear-cutting on slopes greater than 20%.
(b) 
Provided, further, that cutting of this 30% shall not create a clear-cut opening in this strip greater than 30 feet wide for every 100 feet of shoreline. In the remaining 70% of the strip, cutting shall be limited so as to preserve the natural beauty of a woodland cover and to control runoff.
C. 
Commercial forestry. From the inland edge of the thirty-five-foot strip to the outer limited of the shoreline, the commercial harvesting of trees shall be allowed when accomplished under accepted forest management practices. The maintenance and improvement of water quality shall be emphasized in all timber harvesting operations. The purpose of this order will favor long-lived species adapted to the site and will prescribe slash disposal methods necessary for aesthetic value.[1]
[1]
Editor's Note: Former Section 5.0, Signs, as amended, which immediately followed this section, was repealed 12-11-2006 by Ord. No. 467. See now Ch. 368, Signs.

§ 515-59 Setbacks from wetland areas (non-shoreland).

[Added 6-20-2011 by Ord. No. 502]
For lots that abut on nonnavigable wetlands, all buildings and structures shall be set back a minimum of 40 feet from the wetland boundary.
A. 
The City of Hayward Building Inspector shall determine the normal high water elevation where not established.