County targets ‘ridiculousness’ of bluff zoning requirements

Ozaukee County officials are looking at changing the zoning for bluff-top properties overlooking Lake Michigan that would allow accessory structures but help protect the bluff from further erosion.

Sanitation and Zoning Coordinator Ed Pfister told supervisors on the county Natural Resources Committee that structures such as garden sheds, garages, fire pits, decks or gazebos are subject to the same setback restrictions as a house, which means none of those accessory structures are allowed within 75 feet of the bluff’s edge, and possibly more.

That’s because the current bluff-top zoning language does not address accessory structures specifically but just “structures.”

“There is some ridiculousness to the application of this ordinance to accessory structures,” Pfister said.

That has led to some structures being built without permits in the back yards of bluff-top properties.

County officials aren’t aware of them until a neighbor seeks a permit for their project and, when their permit is denied, complain that their neighbor built an accessory structure, Pfister said.

Because there is no ordinance that addresses accessory structures, “it’s the wild wild west,” Supr. Tony Matera said. “And that puts you in the middle of a pissing match between neighbors.”

Pfister showed photos of some structures built illegally, such as a fire pit within 20 feet of a bluff’s edge.

“Are we going to go in and order the owner to tear it out?” he asked supervisors.

The discussion came up in the course of updating the county’s Shoreland Protection Ordinance, which it is required to do periodically by the state.

The Shoreland Protection Ordinance regulates activity in wetlands, shorelines, waterways and installation and maintenance of private wastewater treatment systems, like septic tanks, among other things.

Changing the ordinance requires a public hearing be held.

Regarding accessory structures in bluff area, Supr. Bruce Ross said protecting the bluff should be the county’s top priority.

“From a policy position, we should protect the bluff, No. 1.”

  “All these (accessory structures) are fine in my mind as long as they’re not going underground and affecting the water table,” Matera said.

Pfister agreed.

“I don’t think allowing an accessory structure is detrimental to the bluff,” he said.

If the ordinance were to be approved, it would only apply to the towns of Grafton and Port Washington, as the county does not have jurisdiction over the cities of Mequon and Port Washington and the Town of Belgium has no lakeshore bluffs.

Pfister said the ordinance would be wrritten to fit with Grafton and Port Washington town ordinances.

Committee members directed Pfister to draft an ordinance that addresses how far the setback on bluffs should be for accessory structures such as fire pits, structures on concrete slabs and that are no larger than perhaps 200 square feet.

The committee is scheduled to hold a public hearing at 9 a.m. on Tuesday, June 4, and afterward vote whether to recommend the ordinance change to the County Board, which would vote on it the next day, Wednesday, June 5.