BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE JUNE 18, 2015 AT 4:00 P.M. BOARD ROOM, COUNTY COURTHOUSE WASHBURN, WISCONSIN

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1 UBLIC HEARING BAYFIELD COUNTY LANNING AND ZONING COMMITTEE JUNE 18, 2015 AT 4:00.M. BOARD ROOM, COUNTY COURTHOUSE WASHBURN, WISCONSIN The Bayfield County lanning and Zoning Committee of the County Board of Supervisors will hold a public hearing on Thursday, June 18, 2015 at 4:00.M. in the Board Room of the Bayfield County Courthouse in Washburn Wisconsin relative to the following: Richard Allen is petitioning for a zoning district map amendment. The parcel is a acre parcel (Tax ID #6626) located in the W ½ of the SW ¼ of the SE ¼ in V , Section 28, Township 49 North, Range 4 W, Town of Bayview, Bayfield County, WI from Residential-Recreational Business (R-RB) to Agricultural-1 (Ag-1). Edward Dumont, owner and Randy Knapp, agent request a conditional use permit to construct and operate Gasoline, Fuel Oil, (Bulk Storage Tanks & Related Facilities) [consisting of a 30,000 propane tank]. roperty is described as a? acre parcel (Tax ID# 13752) located in part of the SW ¼ of the NW ¼ E of Hwy 63, in V Section 8, Township 44 North, Range 7 West, Town of Drummond, Bayfield County, WI. A petition by Robert Schierman, Director of lanning and Zoning, on behalf of the Bayfield County lanning and Zoning Committee, requesting amendments to the Bayfield County Zoning Code of Ordinances, including the following: 1. Creation of Section (a)(4h) to define the term Brewery/Megabrewery; creation of Section (a)(4k) to define the term Brewpub; creation of Section (a)(22g) to define the term Farm Winery; creation of Section (a)(37m) to define the term Microbrewery; creation of Section (a)(37p) to define the term Micro-distillery; creation of Section (a)(37r) to define the term Micro-winery; and creation of Section (a)(72m) to define the term Winery. 2. Amendment of Section (e)(1)kk to include the term grading in the explanation of the fees required for certain shoreland permits. 3. Creation of Section (b)(4) to provide structural setbacks from cul-de-sacs. 4. Amendment of Section (h) to remove the requirement of a conditional land use permit for structures exceeding 35 feet in height in the shoreland area. 5. Amendment of Sections (b), (d) and (d)(2) to require a land use permit, as opposed to a Class A special use permit, for certain excavating, grading or filling on Lake Superior and for certain grading along the shoreline of navigable waters.

2 6. Amendment of Section (a) to include as conditional uses in r-rb, ag-1 and commercial zones the following land uses: brewery, megabrewery, microbrewery, micro-distillery, micro-winery, farm winery and winery and to remove as a permissible use the term vineyard. 7. Amendment of Section (a) to remove sa in all shoreland grading zones and replace with (p) zones. Copies of the petition and proposed amendments are available upon request from the Bayfield County lanning and Zoning Office in Washburn, Wisconsin. All interested parties are invited to attend said hearing to be heard. Any person wishing to attend who, because of a disability, requires special accommodations, should contact the lanning and Zoning office at , at least 24 hours before the scheduled meeting time, so appropriate arrangements can be made. Immediately after the public hearing, the lanning and Zoning Committee will hold its regular monthly meeting. If further information is desired, please contact the Bayfield County lanning and Zoning Department, at the Courthouse, Washburn Wisconsin - Telephone (715) or visit our website: Robert D. Schierman, Director Bayfield County lanning and Zoning Department k/debsdata/zc/phnotice/2015/#6june repared by: RDS/dak (5/22/15-9:02am) roofed by: Zoning Committee

3 AGENDA REVISED (6/16/15-3:10pm) Bayfield County lanning and Zoning Committee ublic Hearing and ublic Meeting Thursday, June 18, :00.M. Board Room, County Courthouse, Washburn, WI Committee Members: Bill Bussey, Kenneth Jardine, Dennis ocernich, Brett Rondeau and Fred Strand 1. Call To Order of ublic Hearing: 2. Roll Call: 3. Affidavit of ublication: 4. Review of Meeting Format (Hand-Out Slips to Audience) 5. ublic Comment for issues not already on the agenda [3 minutes per citizen] 6. Minutes of revious Meeting(s): (May 21, 2015) 7. ublic Hearing: (open for public comment) A. Richard Allen (Bayview) rezone property from r-rb to ag-1 B. Edward Dumont/Randy Knapp (Drummond) gasoline, fuel oil (bulk storage tanks & related facilities [consisting of a 30,000 gallon tank] C. etition to Amend Ordinance (Title 13) [13-1-4; ; ; and ] 8. Adjournment of ublic Hearing: 9. Call To Order of lanning and Zoning Committee Meeting: 10. Roll Call: 11. revious Business: (public comments at discretion of Committee) (March-E) Joseph & Sarah Zuelke (Iron River) hobby farm (crops, sheep, goats, chickens and cows) (tabled 3/19/15; 4/16/15; 5/21/15) 12. New Business: A. Richard Allen (Bayview) rezone property from r-rb to ag-1 B. Edward Dumont/Randy Knapp (Drummond) gasoline, fuel oil (bulk storage tanks & related facilities [consisting of a 30,000 gallon tank] C. etition to Amend Ordinance (Title 13) [13-1-4; ; ; and ] Agenda Review and Alteration D. Discussion and ossible Action regarding recommendation to full board for land use updates of (6) townships E. Committee Members discussion(s) regarding matters of the & Z Dept. Note: Any aggrieved party may appeal the lanning and Zoning Committee s decision to the

4 Board of Adjustment within 30-days of the final decision. 13. Monthly Report / Budget and Revenue 14. Adjournment Robert D. Schierman, Director Bayfield County lanning and Zoning Department Any person wishing to attend who, because of a disability, requires special accommodations, should contact the lanning and Zoning office at , at least 24 hours before the scheduled meeting time, so appropriate arrangements can be made. lease Note: Receiving approval from the lanning and Zoning Committee does not authorize the beginning of construction or land use; you must first obtain land use application/permit card(s) from the lanning and Zoning Department. k/debsdata/zc/agenda/#6june2015 repared by: RDS/dak (5/22/15-9:54am);(R)6/16/15-3:10pm) roofed By: Zoning Committee

5 AGENDA Bayfield County lanning and Zoning Committee ublic Hearing and ublic Meeting Thursday, June 18, :00.M. Board Room, County Courthouse, Washburn, WI Committee Members: Bill Bussey, Kenneth Jardine, Dennis ocernich, Brett Rondeau and Fred Strand 1. Call To Order of ublic Hearing: 2. Roll Call: 3. Affidavit of ublication: 4. Review of Meeting Format (Hand-Out Slips to Audience) 5. ublic Comment for issues not already on the agenda [3 minutes per citizen] 6. Minutes of revious Meeting(s): (May 21, 2015) 7. ublic Hearing: (open for public comment) A. Richard Allen (Bayview) rezone property from r-rb to ag-1 B. Edward Dumont/Randy Knapp (Drummond) gasoline, fuel oil (bulk storage tanks & related facilities [consisting of a 30,000 gallon tank] C. etition to Amend Ordinance (Title 13) [13-1-4; ; ; and ] 8. Adjournment of ublic Hearing: 9. Call To Order of lanning and Zoning Committee Meeting: 10. Roll Call: 11. revious Business: (public comments at discretion of Committee) (March-E) Joseph & Sarah Zuelke (Iron River) hobby farm (crops, sheep, goats, chickens and cows) (tabled 3/19/15; 4/16/15; 5/21/15) 12. New Business: A. Richard Allen (Bayview) rezone property from r-rb to ag-1 B. Edward Dumont/Randy Knapp (Drummond) gasoline, fuel oil (bulk storage tanks & related facilities [consisting of a 30,000 gallon tank] C. etition to Amend Ordinance (Title 13) [13-1-4; ; ; and ] Agenda Review and Alteration D. Committee Members discussion(s) regarding matters of the & Z Dept. Note: Any aggrieved party may appeal the lanning and Zoning Committee s decision to the Board of Adjustment within 30-days of the final decision. 13. Monthly Report / Budget and Revenue

6 14. Adjournment Robert D. Schierman, Director Bayfield County lanning and Zoning Department Any person wishing to attend who, because of a disability, requires special accommodations, should contact the lanning and Zoning office at , at least 24 hours before the scheduled meeting time, so appropriate arrangements can be made. lease Note: Receiving approval from the lanning and Zoning Committee does not authorize the beginning of construction or land use; you must first obtain land use application/permit card(s) from the lanning and Zoning Department. k/debsdata/zc/agenda/#6june2015 repared by: RDS/dak (5/22/15-9:54am) roofed By: Zoning Committee

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24 County of Bayfield Ordinance AN ORDINANCE AMENDING SECTIONS ; ; ; ; and , CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. WHEREAS, Wisconsin Statutes (5) authorizes the County Board to adopt a zoning ordinance; and WHEREAS, Wisconsin Statutes 59.69(5)(e) authorizes the County Board to amend an ordinance; and WHEREAS, Section Code of Ordinances, Bayfield County, Wisconsin authorizes the County Board to make amendments to Title 13, Chapter 1 of the Code of Ordinances, Bayfield County, Wisconsin pursuant to Wisconsin Statutes 59.69; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the definitions set forth in Section (a) Code of Ordinances, Bayfield County, Wisconsin to include definitions for the following terms: brewery/megabrewery; brewpub; farm winery; mircrobrewery; micro-distillery; micro-winery; and winery; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend shoreland fee schedule set forth in Section (e)(1)kk. Code of Ordinances, Bayfield County, Wisconsin to include grading in the explanation of the fees required for shoreland permits; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section (a)(4)e. relating to structures exempt under (1v) from shoreland setback requirements to accurately reflect that the maximum overhang of the exempt structure is twenty-four inches, not twenty-four feet; and WHEREAS, it is deemed in the best interest of the County of Bayfield to create subsection (4) in Section (b) Code of Ordinances to provide structural setbacks from cul-de-sacs; and WHEREAS, it is deemed in the best interest of the County of Bayfield to make a change to the height restrictions language under Section (h) Code of Ordinances, Bayfield County, Wisconsin to remove the requirement of a conditional land use permit for all structures exceeding (35) feet in height in the shoreland area; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section (b), (d) and (d)(2) to provide that a land use permit, and not a Class A special use permit, is required for certain excavating, grading or filing on Lake Superior and for grading in areas with certain slopes or along the shoreline of certain navigable waters; and

25 WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the table listed under Section (a) Code of Ordinances, Bayfield County, Wisconsin to remove as a permissible use the word vineyard and to include among permissible uses the terms brewery, megabrewery, microbrewery, micro-distillery, micro-winery, farm winery, and winery and further to provide that said permissible uses shall be conditional uses in r-rb, ag-1 and commercial zones; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the table listed under Section (a). Code of Ordinances, Bayfield County, Wisconsin to remove the special use (class a) shoreland grading in the r-1, r-2, r-3, r-4 r-rb, commercial, industrial, municipal, ag-1, ag-2, f-1, f-2 and w (conservancy) columns; and replace with permitted use (p); and WHEREAS, it is deemed in the best interest of the County of Bayfield that the Code of Ordinances, Bayfield County, Wisconsin be further modified and amended in the manner hereinafter set forth; NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as follows: Section 1. Subsection (a)(4h),(4k),(22g),(37m),(37p),(37r),and (72m) of Section [Definitions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows: (4h) Brewery/Megabewery. A place too large or economically diversified to be a microbewery. A building or establishment for commercially brewed beer or other malt liquors where milling, malting, mashing, lautering, boiling, fermenting, conditioning, filtering and filling occurs and produces more than 15,000 barrels of beer annually. A global business industry. (4k) Brewpub. A brewpub is a restaurant or pub that sells beverages brewed or distilled on the premises. (22g) Farm Winery. A farm winery is a winery where the fruit, which is the source of the wine, is usually produced on the farm (crop failure may require a farm winery to outsource fruit). A farm winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (37m) Microbrewery. A microbrewery is a brewery that produces a small amount of beer less than 15,000 US beer barrels (475,000 US Gallons) annually. A microbrewery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise.

26 (37p) Micro-distillery. A micro-distillery is a small distillery established to produce beverage grade alcohol in relatively small quantities. A microdistillery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (37r) Micro-winery. A micro-winery is a small wine producer that does not necessarily have its own vineyard, and may instead sources its fruit product from outside suppliers. A micro-winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (72m) Winery. A winery is a building or property that produces wine, or a business involved in the production of wine. A winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. Section 2. kk. Subsection (e)(1)kk. [Fees] of Section [General Land Use Requirements] of Article B [General rovisions 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): Shoreland (non-conforming, impervious surface, grading, etc.)... $ Section 3. Subsection (a)(4)e. [Structures Exempt Under (1v)] of Section [Setbacks and Height Restrictions] of Article B [General rovisions 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): e. The structure shall not exceed a thirteen (13) foot height, with a maximum overhang of twenty-four (24) feet.inches. Section 4. Subsection (b)(4) [Highway Setbacks] of Section [Setbacks and Height Restrictions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with creations highlighted by the double underline feature (creations):

27 (4) Cul-de-sac Setback. Setback of 75 from centerline of a cul-de-sac or 30 from ROW whichever is greater. Section 5. (h) Subsection (h) [Height Restrictions] of Section [Setbacks and Height Restrictions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with deletions highlighted by the strike out feature (deletions) Height Restrictions. A conditional land use permit shall be required for any structure within shoreland areas, which exceeds thirty-five (35) feet in height, excluding farm and public utility structures. Within shoreland areas no structures may be constructed taller than 35 feet in height. The height of a structure shall be the difference in elevation between its highest point and its lowest point of intersection with ground level, exclusive of chimneys, communications, antennas, weather vanes, and lightening rods which do not extend more than five (5) feet above the highest point on the roof. Applications for land use permits for structures thirty (30) feet and more in height shall include elevational drawings accurately showing the height of the proposed structure as defined above. Section 6. Subsection (b), [Lake Superior] and (d) and (d)(2) [Grading] of Section [Filling; Grading; Dredging; Lagooning] of Article B [General rovisions 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): (b) (d) Lake Superior. Except as provided in subsection (c), a Class A special land use permit shall be required for excavating, grading, or filling of two hundred (200) square feet or more within one thousand (1,000) feet of the normal high water mark of Lake Superior (roadway maintenance accepted). Grading. Except as provided in subsections (b) and (c), a Class A special land use permit shall be required for the grading or filling of one thousand (1,000) square feet or more within a strip paralleling the shoreline of a navigable water and extending inland three hundred (300) feet from the ordinary high water mark. (2) A Class A special land use permit shall be required for any

28 grading in areas on slopes greater than twenty percent (20%). Section 7. Subsection (a) of Section [Classification of Uses] of Article D [Zoning Districts 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): ERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Brewery-Megabrewery, (Bottling, Sales and Associated Facilities) C C Microbrewery, Micro-distillery, Micro-winery, Farm Winery, Winery, Vineyard, (Bottling, Sales and Associated Facilities) SB C C SB C Section 8. Subsection (a) of Section [Classification of Uses] of Article D [Zoning Districts 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): ERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Shoreland Grading Section 9. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of

29 ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed. Section 10. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. Section 11. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage.

30 County of Bayfield Ordinance AN ORDINANCE AMENDING SECTIONS ; ; ; ; and , CODE OF ORDINANCES, BAYFIELD COUNTY, WISCONSIN. WHEREAS, Wisconsin Statutes (5) authorizes the County Board to adopt a zoning ordinance; and WHEREAS, Wisconsin Statutes 59.69(5)(e) authorizes the County Board to amend an ordinance; and WHEREAS, Section Code of Ordinances, Bayfield County, Wisconsin authorizes the County Board to make amendments to Title 13, Chapter 1 of the Code of Ordinances, Bayfield County, Wisconsin pursuant to Wisconsin Statutes 59.69; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the definitions set forth in Section (a) Code of Ordinances, Bayfield County, Wisconsin to include definitions for the following terms: brewery/megabrewery; brewpub; farm winery; mircrobrewery; micro-distillery; micro-winery; and winery; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend shoreland fee schedule set forth in Section (e)(1)kk. Code of Ordinances, Bayfield County, Wisconsin to include grading in the explanation of the fees required for shoreland permits; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section (a)(4)e. relating to structures exempt under (1v) from shoreland setback requirements to accurately reflect that the maximum overhang of the exempt structure is twenty-four inches, not twenty-four feet; and WHEREAS, it is deemed in the best interest of the County of Bayfield to create subsection (4) in Section (b) Code of Ordinances to provide structural setbacks from cul-de-sacs; and WHEREAS, it is deemed in the best interest of the County of Bayfield to make a change to the height restrictions language under Section (h) Code of Ordinances, Bayfield County, Wisconsin to remove the requirement of a conditional land use permit for all structures exceeding (35) feet in height in the shoreland area; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend Section (b), (d) and (d)(2) to provide that a land use permit, and not a Class A special use permit, is required for certain excavating, grading or filing on Lake Superior and for grading in areas with certain slopes or along the shoreline of certain navigable waters; and

31 WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the table listed under Section (a) Code of Ordinances, Bayfield County, Wisconsin to remove as a permissible use the word vineyard and to include among permissible uses the terms brewery, megabrewery, microbrewery, micro-distillery, micro-winery, farm winery, and winery and further to provide that said permissible uses shall be conditional uses in r-rb, ag-1 and commercial zones; and WHEREAS, it is deemed in the best interest of the County of Bayfield to amend the table listed under Section (a). Code of Ordinances, Bayfield County, Wisconsin to remove the special use (class a) shoreland grading in the r-1, r-2, r-3, r-4 r-rb, commercial, industrial, municipal, ag-1, ag-2, f-1, f-2 and w (conservancy) columns; and replace with permitted use (p); and WHEREAS, it is deemed in the best interest of the County of Bayfield that the Code of Ordinances, Bayfield County, Wisconsin be further modified and amended in the manner hereinafter set forth; NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby ordain as follows: Section 1. Subsection (a)(4h),(4k),(22g),(37m),(37p),(37r),and (72m) of Section [Definitions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows: (4h) Brewery/Megabewery. A place too large or economically diversified to be a microbewery. A building or establishment for commercially brewed beer or other malt liquors where milling, malting, mashing, lautering, boiling, fermenting, conditioning, filtering and filling occurs and produces more than 15,000 barrels of beer annually. A global business industry. (4k) Brewpub. A brewpub is a restaurant or pub that sells beverages brewed or distilled on the premises. (22g) Farm Winery. A farm winery is a winery where the fruit, which is the source of the wine, is usually produced on the farm (crop failure may require a farm winery to outsource fruit). A farm winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (37m) Microbrewery. A microbrewery is a brewery that produces a small amount of beer less than 15,000 US beer barrels (475,000 US Gallons) annually. A microbrewery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise.

32 (37p) Micro-distillery. A micro-distillery is a small distillery established to produce beverage grade alcohol in relatively small quantities. A microdistillery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (37r) Micro-winery. A micro-winery is a small wine producer that does not necessarily have its own vineyard, and may instead sources its fruit product from outside suppliers. A micro-winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (72m) Winery. A winery is a building or property that produces wine, or a business involved in the production of wine. A winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. Section 2. kk. Subsection (e)(1)kk. [Fees] of Section [General Land Use Requirements] of Article B [General rovisions 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): Shoreland (non-conforming, impervious surface, grading, etc.)... $ Section 3. Subsection (a)(4)e. [Structures Exempt Under (1v)] of Section [Setbacks and Height Restrictions] of Article B [General rovisions 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): e. The structure shall not exceed a thirteen (13) foot height, with a maximum overhang of twenty-four (24) feet.inches. Section 4. Subsection (b)(4) [Highway Setbacks] of Section [Setbacks and Height Restrictions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with creations highlighted by the double underline feature (creations):

33 (4) Cul-de-sac Setback. Setback of 75 from centerline of a cul-de-sac or 30 from ROW whichever is greater. Section 5. (h) Subsection (h) [Height Restrictions] of Section [Setbacks and Height Restrictions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with deletions highlighted by the strike out feature (deletions) Height Restrictions. A conditional land use permit shall be required for any structure within shoreland areas, which exceeds thirty-five (35) feet in height, excluding farm and public utility structures. The height of a structure shall be the difference in elevation between its highest point and its lowest point of intersection with ground level, exclusive of chimneys, communications, antennas, weather vanes, and lightening rods which do not extend more than five (5) feet above the highest point on the roof. Applications for land use permits for structures thirty (30) feet and more in height shall include elevational drawings accurately showing the height of the proposed structure as defined above. Section 6. Subsection (b), [Lake Superior] and (d) and (d)(2) [Grading] of Section [Filling; Grading; Dredging; Lagooning] of Article B [General rovisions 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): (b) (d) Lake Superior. Except as provided in subsection (c), a Class A special land use permit shall be required for excavating, grading, or filling of two hundred (200) square feet or more within one thousand (1,000) feet of the normal high water mark of Lake Superior (roadway maintenance accepted). Grading. Except as provided in subsections (b) and (c), a Class A special land use permit shall be required for the grading or filling of one thousand (1,000) square feet or more within a strip paralleling the shoreline of a navigable water and extending inland three hundred (300) feet from the ordinary high water mark. (2) A Class A special land use permit shall be required for any grading in areas on slopes greater than twenty percent

34 (20%). Section 7. Subsection (a) of Section [Classification of Uses] of Article D [Zoning Districts 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): ERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Brewery-Megabrewery, Microbrewery, Micro-distillery, Micro-winery, Farm Winery, Winery, Vineyard, (Bottling, Sales and Associated Facilities) SB C C SB C Section 8. Subsection (a) of Section [Classification of Uses] of Article D [Zoning Districts 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): ERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Shoreland Grading Section 8. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed.

35 Section 9. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. Section 10. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage.

36 LAND USE CHANGES OF MUNICIAL ENTITIES WITHIN BAYFIELD COUNTY, WISCONSIN WHEREAS, Wisconsin Statues authorizes Bayfield County to create, enact, and amend a comprehensive plan; and WHEREAS, Wisconsin Statutes (2) (h) sets forth specific requirements for the Land Use (Section 7) element of any Comprehensive lan; and WHEREAS, the current Land Use element of the Bayfield County Comprehensive lan, contained in Section 7 of the Bayfield County Comprehensive lan, may not contain all of the recent Land Use changes ; and WHEREAS, it is deemed to be in the best interest of the County of Bayfield to review and discuss Section 7 of the Bayfield County Municipal Entities with a Comprehensive lan to ensure all of the Land Use updates set forth are acknowledged by the Bayfield County Board of Supervisors; and WHEREAS, it is deemed to be in the best interest of the County of Bayfield, to acknowledge the Town and City changes in the manner hereinafter set forth; NOW, THEREFORE, the Bayfield County Board of Supervisors does hereby acknowledge as follows: Section 1. Section 7 [Land Use] of the Bayfield County Comprehensive lan is hereby expanded to acknowledge the following changes to Land Use throughout Bayfield County Municipal Entities included herein. Town of Delta o Town of Delta adopted a resolution for changes to short term rental requirements. o Attachment; Ordinance No , posted December 18, 2014 Town of Clover o Town of Clover adopted a resolution for changes to Transportation, Utilities and Community Facilities, Economic Development and Land Use. o Attachment; Amendment number one, August 13, Town of Barnes o Town of Barnes adopted a resolution for changes to the Land Use lan in the Community Facilities and Utilities Chapter/arks and Trail Section. o Attachment; meeting minutes from March 17, Town of Eileen o Town of Eileen adopted a resolution for changes to their Land Use Map. o Attachment; Town of Eileen meeting minutes from February 12, City of Washburn o City of Washburn lan Commission adopted a resolution for changes to their zoning code. o Attachment; City of Washburn Comprehensive lan Amendment from January 20, Town of Cable o Town of Cable adopted a resolution for changes to their Campground and Shoreland policies. o Attachment; DF from Town of Cable. Section 2. The Bayfield County Comprehensive lan shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this

37 ordinance are hereby repealed. Section 3. Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage.

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48 MINUTES BAYFIELD COUNTY LANNING AND ZONING COMMITTEE UBLIC HEARING AND UBLIC MEETING JUNE 18, Call to Order of ublic Hearing: Chairman Rondeau called the public hearing to order at 4:10 pm. 2. Roll Call: Bussey, Jardine, Rondeau and Strand all present. ocernich in at 4:15 Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hudachek - Secretary. 3. Affidavit of ublication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 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. ublic Comment relevant affairs to be addressed towards lanning and Zoning Committee [ 3 minutes per citizen] 6. Minutes of revious Meeting(s): Rondeau stated the minutes are from the May 21, 2015 meeting. Strand motioned to approve, Bussey seconded. No further discussion. Motion carried. 7. ublic Hearing: A. Richard Allen (Bayview) rezone R-RB to Ag-1 [a 5.14-acre parcel (Tax ID #6626), described as parcel in W ½ of the SW ¼ of the SE ¼ Section 28, Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI] Mark Guenther, adjacent property owner to the South, spoke in opposition explains that the property owner intends to have livestock (pigs and sheep) about 170 feet from bedroom window. He spoke with the owner and he stated that he only wanted one or two pigs and a sheep. He hears from other people that he will be getting more. He runs his landscaping business from the property already. This land used to be a large scale farming operation, now it is down to a 5 acre parcel. He has placed honey bees on his property already, about 50 feet from his driveway, when it rains his boat will have water in it, the bees will go there looking for that water. He asked that the committee make an exception to allow his business to be run from the property but do not allow the zoning change. Bussey asked which side of the property Mr. Guenther is located on and he answered east and handed a map to the Committee. Wanda Meierotto, adjoining land owner, once owned this property as Country Kids Daycare, she supports what Guenther already said in detail. age 1 of 13 ZC lanning and Zoning ublic Hearing and Meeting June 18, 2015

49 Croonborg-Murphy stated she has been working with Mr. Allen since last June. The use of the property does not have any permits that are required. There is a landscaping business and leasing to a general contracting business from that property, the general contractor can be permitted with a CU but there is no way to permit the landscaping business. Mr. Allen expressed he might want a commercial greenhouse on property and possibly a commercial kitchen and a school room or something of that nature. She sat down with Mr. Allen and put all of these uses together and he does want to have livestock the only two uses that fit what he would like to do is Commercial or Agricultural, Commercial you cannot have livestock. She thinks that Mr. Allen s primary concern is his landscaping business. Croonborg-Murphy apologizes that she has to represent Mr. Allen s interests, she does not want to do that, she is just trying to recount facts. Once this is rezoned she can permit the uses. The adjoining property owners concerns are for the livestock not for the business, if rezoned he would have unlimited livestock use, there is no way to limit livestock in agriculture zone. Right now it is R-RB and she could permit a hobby farm but not the landscaping business. Stuck in a place where he wants uses that are conflicting in different zoning districts. Bussey stated if zoned commercial you could permit the landscaping business but no livestock, hobby farm is not available in commercial, Croonborg-Murphy answered no. Bussey asked what the surrounding properties are zoned, Croonborg-Murphy answered agricultural, except the Good Thyme is zoned commercial. Strand asked if beehives are defined as agricultural, Croonborg- Murphy answered they are not defined as livestock in the ordinance. File Report: Schierman stated no letters of support or opposition and there is town board approval indicated complies with comp plan. Croonborg-Murphy did attend that meeting and the future land use plan is zoned agricultural for that parcel. There is a Hwy 13 viewing corridor overlay. Discussion ended. B. Edward Dumont / Randy Knapp (Drummond) gasoline, fuel oil (bulk storage tanks & related facilities [consisting of a 30,000 gallon tank] [a acre parcel (Tax ID #13752), described as SW ¼ of the NW ¼ East of Hwy 63, Section 8, Township 44 North, Range 7 West, Town of Drummond, Bayfield County, WI] Randy Knapp, Midland Services Energy Operations Manager, here to ask for permission to have this request granted, this same operation was built up in Bayfield last year. Just recently received from the State of Wisconsin Department of Safety and rofessional Services a conditionally approved letter that he would like to submit for the file. File Report: Schierman stated there is town board approval and meet town comp plan, they stated that all business is welcome in Drummond. No letters of support or opposition. Discussion ended. C. A petition by Robert Schierman, Director of lanning and Zoning, on behalf of the Bayfield County lanning and Zoning Committee, requesting an age 2 of 13 ZC lanning and Zoning ublic Hearing and Meeting June 18, 2015

50 ordinance amending (Title 13) sections , , , , and code of ordinances, Bayfield county, Wisconsin. Section 1. Subsection (a)(4h),(4k),(22g),(37m),(37p),(37r),and (72m) of Section [Definitions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows: (4h) Brewery/Megabewery. A place too large or economically diversified to be a microbewery. A building or establishment for commercially brewed beer or other malt liquors where milling, malting, mashing, lautering, boiling, fermenting, conditioning, filtering and filling occurs and produces more than 15,000 barrels of beer annually. A global business industry. (4k) Brewpub. A brewpub is a restaurant or pub that sells beverages brewed or distilled on the premises. (22g) Farm Winery. A farm winery is a winery where the fruit, which is the source of the wine, is usually produced on the farm (crop failure may require a farm winery to outsource fruit). A farm winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (37m) Microbrewery. A microbrewery is a brewery that produces a small amount of beer less than 15,000 US beer barrels (475,000 US Gallons) annually. A microbrewery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (37p) Micro-distillery. A micro-distillery is a small distillery established to produce beverage grade alcohol in relatively small quantities. A micro-distillery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (37r) Micro-winery. A micro-winery is a small wine producer that does not necessarily have its own vineyard, and may instead sources its fruit product from outside suppliers. A micro-winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. (72m) Winery. A winery is a building or property that produces wine, or a business involved in the production of wine. A winery may conduct tours and classes and contain a brewpub, tasting room, and sales room for associated merchandise. Section 2. Subsection (e)(1)kk. [Fees] of Section [General Land Use Requirements] of Article B [General rovisions 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): kk. Shoreland (non-conforming, impervious surface, grading, etc.). $ Section 3. Subsection (a)(4)e. [Structures Exempt Under (1v)] of Section [Setbacks and Height Restrictions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, age 3 of 13 ZC lanning and Zoning ublic Hearing and Meeting June 18, 2015

51 Wisconsin is hereby amended to read as follows, with deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): e. The structure shall not exceed a thirteen (13) foot height, with a maximum overhang of twenty-four (24) feet.inches. Section 4. Subsection (b)(4) [Highway Setbacks] of Section [Setbacks and Height Restrictions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with creations highlighted by the double underline feature (creations): (4) Cul-de-sac Setback. Setback of 75 from centerline of a cul-de-sac or 30 from ROW whichever is greater. Section 5. (h) Subsection (h) [Height Restrictions] of Section [Setbacks and Height Restrictions] of Article B [General rovisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with deletions highlighted by the strike out feature (deletions) Height Restrictions. A conditional land use permit shall be required for any structure within shoreland areas, which exceeds thirty-five (35) feet in height, excluding farm and public utility structures. Within shoreland areas no structures may be constructed taller than 35 feet in height. The height of a structure shall be the difference in elevation between its highest point and its lowest point of intersection with ground level, exclusive of chimneys, communications, antennas, weather vanes, and lightening rods which do not extend more than five (5) feet above the highest point on the roof. Applications for land use permits for structures thirty (30) feet and more in height shall include elevational drawings accurately showing the height of the proposed structure as defined above. Section 6. Subsection (b), [Lake Superior] and (d) and (d)(2) [Grading] of Section [Filling; Grading; Dredging; Lagooning] of Article B [General rovisions 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): (b) (d) Lake Superior. Except as provided in subsection (c), a Class A special land use permit shall be required for excavating, grading, or filling of two hundred (200) square feet or more within one thousand (1,000) feet of the normal high water mark of Lake Superior (roadway maintenance accepted). Grading. Except as provided in subsections (b) and (c), a Class A special land use permit shall be required for the grading or filling of one thousand (1,000) square feet or more within a strip paralleling the shoreline of a age 4 of 13 ZC lanning and Zoning ublic Hearing and Meeting June 18, 2015

52 navigable water and extending inland three hundred (300) feet from the ordinary high water mark. (2) A Class A special land use permit shall be required for any grading in areas on slopes greater than twenty percent (20%). Section 7. Subsection (a) of Section [Classification of Uses] of Article D [Zoning Districts 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): ERMISSIBLE USES R-4 R-3 R-1 Brewery-Megabrewery, (Bottling, Sales and Associated Facilities) Microbrewery, Micro-distillery, Micro-winery, Farm Winery, Winery, Vineyard, (Bottling, Sales and Associated Facilities) R-2 R-RB C I M A-1 A-2 F-1 F-2 W SB C C C C SB C Section 8. Subsection (a) of Section [Classification of Uses] of Article D [Zoning Districts 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 deletions highlighted by the strike out feature (deletions) and additions highlighted by the double underline feature (additions): ERMISSIBLE USES R-4 R-3 R-1 Shoreland Grading R-2 R-RB C I M A-1 A-2 F-1 F-2 W No one spoke in support or opposition. Schierman explained he sent out language to all the towns for their review as well. Section one would create new definitions. There was an old definition of winery. In his opinion, Bayfield County not being a pass through County needs to provide for reasons to help people with business. On average one microbrewery is opening per day. Expanded on definitions on micro brewing. Section two adds grading into the shoreland fee. ocernich asked the definition of grading; Schierman stated that is in section 6. Section three is a correction of an error; it should read 24 inches not 24 feet for a roof overhang. Section four is a setback that we are missing, setbacks for a cul-de-sac. Section five is on height restriction, there were changes presented to this that are in front of you. The purpose of this is to take it out of the condition use and make it a variance request. Section six deals with grading. Shoreland grading has been a class A permit, the responses from the towns are not encompassing what they should, as far as best management practices. Would like to make it a land use permit with a age 5 of 13 ZC lanning and Zoning ublic Hearing and Meeting June 18, 2015

53 fee of $100 instead of $175. This would also speed up the process. Bussey asked if a town has ever objected to a request. Schierman answered not that he has seen (he read a few examples of towns approvals for shoreland grading, Namakagon stating no violation of town plan, and another stating no reason not to approve). The state and many statutes explain what best management practices are. Section seven is a modification of the classification list. Sections eight through ten are the legal clauses. Discussion ended. 8. Adjournment of ublic Hearing: Jardine made a motion to adjourn, Bussey seconded. Adjourned at 4:35 pm. Motion carried. 9. Call to Order of lanning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:35 pm. 10. Roll Call: Bussey, Jardine, ocernich, Rondeau and Strand all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hudachek - Secretary. 11. revious Business: (March E) Joseph and Sarah Zuelke (Iron River) hobby farm (crops, sheep, goats, chickens and cows) (tabled 3/19/15; 4/16/15) [a 17-acre parcel (Tax ID #35687), described as N 745 FRAC NW ¼ of the NW ¼ Section 30, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Schierman stated that there was a letter submitted by the applicant asking to withdraw this request and asking to refund the fees (read letter). Item FF in the fee schedule states no refunds on special request application after deadline date. Bussey motioned to accept withdraw. discussion. Motion carried. Jardine seconded. No further 12. New Business Bussey motioned to decline refund of the application fee based on provisions of the ordinance addressing that. Strand seconded. Jardine stated with all the notifications the department has more than spent the fee for the request. Schierman added that the $30 recording fee will be returned to the applicant. No further discussion. Motion carried. A. Richard Allen (Bayview) rezone R-RB to Ag-1 [a 5.14-acre parcel (Tax ID #6626), described as parcel in W ½ of the SW ¼ of the SE ¼ Section 28, Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI] Strand stated that this one troubles him, sounds like the applicant wants to do numerous things that won t comply with any zoning, Rondeau agrees. Croonborg-Murphy stated she had been pursuing the violation for over a year. age 6 of 13 ZC lanning and Zoning ublic Hearing and Meeting June 18, 2015