Friday, September 22, 2017

Bayfield County Zoning Commission.

Hello Everyone,
Please read the results of a Planning and Zoning Commission Meeting yesterday, included below.
BY February 2018, the Bayfield County Zoning Commission may have a plan to effectively return shoreland zoning rights to the County of Bayfield.

This would mean that the county would return to determining lot size, setback and etc, rather than the STATE government mandates of “one size fits all”  for all lakes in Wisconsin. The state currently says that a Lake in the middle of Madison is the same as a pristine lake in Northern Wisconsin. Thus, all lakes can be developed to the same degree.  The State’s rules open up many shoreland options for development that are detrimental to the health of the lakes. Their rules also  allow cabins every 50 feet of shoreline, rather than any county’s previous rules. In Bayfield County, a class 3 lake such as Pigeon requires 300 feet of frontage for new dwellings. Lake classifications were also done away with by Act 55, but there is hope we can regain that as well

This is a huge protection for our lakes. Many thanks to the folks who wrote to the Zoning Commission voicing their opinions against ACT 55. It seems as our voices were heard and that our elected officials are listening!

Also, please, if you are able, consider attending the Bayfield County Lakes Forum Meeting (Flier attached) on October 7 at the Drummond Town Hall.

Trish


From: Ellen Lafans [mailto:ehlafans@gmail.com]
Sent: Friday, September 22, 2017 11:44 AM
To: Ellen Lafans <ehlafans@gmail.com>
Subject: Bayfield County Zoning and Planning Committee Meeting 9.21.17

Hello all,  
Yesterday, our hardworking Bayfield County Planning and Zoning Committee agreed to work with lake associations and towns and to have a plan set by Feb. 2018 on zoning issues. (As many of you are aware, lake classifications, ordinances & protections were gutted by something call ACT 55.)
I spoke very briefly at the very start of the committee meeting in favor of this before they discussed this issue. I described that I was from BCLF, and that myself and Roger Dreher were willing to work with them on behalf of the BCLF. I presume that appropriate folks and other experts will be working with Jennifer Croonberg-Murphy from the zoning administration to come up with plans. They will be dividing groups into two groups, on shore land and other lands, so that we can concentrate on shore land. They did not describe how they would find experts to work with them...
Susan Hedman and others did a marvelous job of laying the groundwork for this work to begin.  See below email from Susan outlining this idea as well as flier about meeting.
We will be further discussing this at our BCLF annual meeting on Oct 7th @ 10 am in Drummond. Please invite those that would be interested in this issue as this will be a very good meeting that is at the heart of why we need BCLF as well as our lake associations! Every Bayfield County Lake Association should send at least one rep. 
If you know of folks interested in serving on the BCLF Board, we will be electing officers at this time. 
Best regards,
Ellen Lafans
Board member:  BCLF  
Crystal Lake/Cable
---------- Forwarded message ----------
From: Susan Hedman <susan.hedman@gmail.com>
Date: Tue, Aug 15, 2017 at 9:28 AM
Subject: Bayfield County Zoning
To: "William D. Bussey" <wbussey@bayfieldcounty.org>
Hi Bill –
The Bayfield County Planning and Zoning Committee’s recent decision to postpone consideration of proposed shoreline zoning amendments has generated a lot of discussion among Towns and Lake Associations.  Those discussions have focused primarily on options to amend the County’s general zoning ordinance, since DNR guidance makes clear that Act 55 does not prevent counties from using general zoning authority to continue to regulate density, lot size, setbacks, multiple unit developments, land uses, etc. to protect public health, safety and welfare – provided general zoning provisions more restrictive than Act 55 do not apply exclusively to shoreland.  For instance, Bayfield County's general zoning ordinance could be amended to:
·         Operationalize the bank and bluff setback provision in the proposed shoreline zoning amendments, by creating a county-wide overlay district based on soil suitability and slope -- showing zones where development is permitted, prohibited or subject to conditional uses. Bayfield County developed a preliminary version of such an overlay district during its comprehensive planning process when it published a "Natural Resources Protection Areas" overlay map in the county's Comprehensive Plan:
·         Update zoning classicfications to ensure consistency with densities in Comprehensive Land-Use Plans that have been developed by the County and Towns; and
·         Update open-space requirements for Multiple Unit Developments.
UW Extension land use experts (Tim Kane and Brian Ohm) have identified several zoning ordinances that other Wisconsin counties have adopted to address some of these issues:
  • Buffalo County has a steep soils overlay district and a suitable soils overlay district in the county zoning ordinance:  http://www.buffalocounty.com/DocumentCenter/View/724.  
  • Waukesha County has an ordinance restricting development in areas of shallow groundwater.  This provision is in Waukesha County’s stormwater ordinance and is referenced in the zoning ordinance.  A copy of the Waukesha ordinance is attached to this e-mail.
  • County and municipal subdivision/land division ordinances also sometimes have provisions like the following language from the City of Madison code:                                 
No land shall be subdivided which is held by the City Plan Commission to be unsuitable for use by reason of flooding, bad drainage, soil or rock formations with severe limitations for development, severe erosion potential, or unfavorable topography, or any other feature likely to be harmful to health, safety or welfare of future residents or landowners in the proposed subdivision or of the community.
This provision was upheld in a 1993 Court of Appeals case, Busse v. City of Madison, 177 Wis.2d 808, 503 N.W.2d 340.
I understand that a number of Towns and Lake Associations would like an opportunity to work with the County to explore these ideas – and they have indicated that help may also be available from UW Extension, the State Soil Scientist and other experts. This is a remarkable opportunity to form a small workgroup to assist County zoning staff.   I am hoping that you might be willing to propose something like this for Planning and Zoning Committee consideration.  Would you be willing to do so at the meeting this week?
Thank you for considering this suggestion -- and for your leadership on the County Board.
Your constituent,

Susan

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