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Marinette City Zoning Code

ARTICLE XIV

B-3 Community Business District

§ 465-88 Purpose.

The purpose of this district is to provide for the establishment of stores, shops and service establishments at the central focal points of the City's transportation system, offering a wide variety of commercial and retail sales and serving the entire urban area of the City of Marinette.

§ 465-89 Use.

In the B-3 District no building or premises shall be used and no building shall be erected or structurally altered after the effective date of this chapter, unless otherwise provided in this chapter, except for one or more of the following listed permitted principal uses, permitted accessory uses or conditional uses.

§ 465-90 Permitted uses.

A. 
Single- and two-family residences existing on the effective date of this chapter. Construction of new single- or two-family residences after the effective date of this chapter is prohibited.
B. 
Multiple-family residences detached from a principal use existing on the effective date of this chapter. Construction of new multiple-family residences detached from a principal use after the effective date of this chapter is prohibited.
C. 
Multiple-family residences at or below a first floor existing on the effective date of this chapter. Construction of new multiple-family residences after the effective date of this chapter is prohibited.
D. 
Hotels and motels existing on the effective date of this chapter.
E. 
Convenience retail and service stores as follows, all conducted wholly within an enclosed building, except as provided for herein:
(1) 
Bakery, retail.
(2) 
Barbershop.
(3) 
Beauty or styling salon.
(4) 
Bicycle sales, rental and repair shop.
(5) 
Book and stationery shop, newsstand, excluding adult uses, as defined.
(6) 
Camera and photographic supply store, including drive-in, pickup/dropoff centers.
(7) 
Candy and ice cream store.
(8) 
Clothes and costume rental service.
(9) 
Coffee shop.
(10) 
Dressmaking, tailor or alteration shop.
(11) 
Drugstore.
(12) 
Florist shop.
(13) 
Food store; grocery; meat, poultry and fish market; and delicatessen; including the use of controlled-atmosphere smoke-producing and processing equipment for retail and customer order purposes.
(14) 
Gift or antique shops, excluding secondhand shops.
(15) 
Hobby shop.
(16) 
Jewelry store.
(17) 
Laundromat and dry cleaning establishment, including clothes or garment pickup/dropoff facilities.
(18) 
Locksmith.
(19) 
Office supply store.
(20) 
Package beverage store, including drive-through facilities.
(21) 
Pet shop.
(22) 
Photocopying center.
(23) 
Recorded music store.
(24) 
Repair, rental and servicing of any article the sale of which is a permitted use in the B-3 District, except automobile body repair.
(25) 
Restaurant, including drive-in and outdoor cafe restaurants and refreshment stands.
(26) 
Secondhand store.
(27) 
Shoe repair and combination shoe sales store.
(28) 
Tobacco and pipe shop.
(29) 
Travel bureau and transportation ticket.
(30) 
Upholstering shop.
F. 
General merchandise and service stores as follows, all conducted wholly within an enclosed building, except as provided for herein:
(1) 
Apparel store.
(2) 
Business machine sales and service.
(3) 
Catalog and mail-order store.
(4) 
Department store, including outdoor storage areas of building and garden supplies, as permitted in this chapter.
(5) 
Drapery, curtain, and fabric store.
(6) 
Flea market.
(7) 
Furniture and home furnishing store.
(8) 
Furriers and fur shops.
(9) 
Household appliance store.
(10) 
Interior decorating and picture framing studio.
(11) 
Leather goods and luggage store.
(12) 
Musical instrument store.
(13) 
Opticians' sales.
(14) 
Orthopedic and medical appliance store.
(15) 
Radio, television, stereophonic and other electronic appliance store.
(16) 
Shoe and boot store.
(17) 
Sporting goods and trophy store.
(18) 
Toy store.
(19) 
Variety store.
G. 
Miscellaneous retail building, home improvement and gardening supply stores and uses as follows:
(1) 
Building supply store, not involving the manufacture, treatment, or processing of any product, or the cutting or planing of any product other than cutting or planing which is incidental or essential to the retail business. All storage which is adjacent to or across an alley from any residential district shall be within completely enclosed buildings or contained within accessory outdoor storage areas effectively screened from the residential district.
(2) 
Carpenter, electrical, plumbing, heating, and air conditioning shop, showroom and storage area, all conducted wholly within completely enclosed buildings.
(3) 
Feed and fuel store. All storage of feed or fuel which is adjacent to or across an alley from any residential district shall be within completely enclosed buildings or contained within accessory outdoor storage areas effectively screened from the residential district.
(4) 
Floor covering and carpet store, all conducted wholly within a completely enclosed building.
(5) 
Garden supply, commercial nursery, greenhouse or orchard. All storage of supplies which is adjacent to or across an alley from any residential district shall be within completely enclosed buildings or located in accessory outdoor storage areas in a manner which constitutes an effective screen from the residential district.
(6) 
Hardware store. All storage of building or garden supplies which is adjacent to or across an alley from any residential district shall be within completely enclosed buildings or contained within accessory outdoor storage areas effectively screened from the residential district.
(7) 
Paint, glass and wallpaper store, all conducted wholly within a completely enclosed building.
(8) 
Storage areas of a department store containing building or garden supplies, provided that when such areas are adjacent to or across an alley from a residential district such storage is within completely enclosed buildings or contained within accessory outdoor storage areas effectively screened from the residential district.
(9) 
Tool and equipment rental store. All storage of retail or rental tools and equipment which is adjacent to or across an alley from a residential district shall be within completely enclosed buildings or contained within accessory outdoor storage areas effectively screened from the residential district.
H. 
Miscellaneous retail and services uses as follows, all conducted wholly within a completely enclosed building, except as provided for herein:
(1) 
Amusement enterprises and pool halls. No amusement enterprise or pool hall shall be located within 1,000 feet, as measured by the most direct means, from lot line to lot line of any public or private elementary or secondary school or religious institution, as defined herein.
(2) 
Animal hospital, provided any structure housing animals be a minimum of 50 feet from any lot line which is adjacent to or across an alley from a residential district.
(3) 
Bank and other financial institutions, including drive-through facilities.
(4) 
Bowling alleys and roller skating rinks.
(5) 
Civic, social and fraternal clubs and lodges, and union halls, including for-profit and nonprofit establishments.
(6) 
Adult day-care centers.
(7) 
Cultural institutions, including libraries, museums and art galleries.
(8) 
Funeral home.
(9) 
Janitorial supply and service store.
(10) 
Kennel, provided any structure housing animals is a minimum of 50 feet from any lot line which is adjacent to or across an alley from a residential district.
(11) 
Medical clinic or laboratory, excluding hospitals.
(12) 
Monument and memorial sales and storage, not involving the manufacture, treatment, processing or cutting of any product other than that which is clearly incidental or essential to the retail business.
(13) 
Nursery and child-care centers.
(14) 
Offices; business, professional, governmental, civic, service, philanthropic, political and union.
(15) 
Philanthropic and charitable institutions.
(16) 
Physical fitness center and health club.
(17) 
Printing and publishing establishment, including newspaper establishment.
(18) 
Private business, dance, driving or martial arts school or other similar private school.
(19) 
Public administrative offices and public service buildings and uses, including fire and police stations, community centers and public emergency shelters.
(20) 
Public transportation uses, limited to municipal bus, railroad passenger, and transportation terminals.
(21) 
Public utility offices and uses, including utility substations.
(22) 
Radio and television station or studio.
(23) 
Recording and sound studio.
(24) 
Sign painting shop, limited to posters, banners, bumper stickers, truck and window lettering, and other nonelectrical advertising displays.
(25) 
Studio for art, dance, music or photography.
(26) 
Tavern and/or cocktail lounge, including outdoor serving areas.
(27) 
Taxidermist.
(28) 
Theater (indoor), excluding adult uses, as defined herein.
(29) 
Church, synagogue or place of worship.
[Amended 9-3-2013 by Ord. No. 2013-2257]
I. 
Motor-vehicle-oriented uses as follows, provided that all storage which is adjacent to or across an alley from any residential district shall be within completely enclosed buildings or contained within accessory outdoor storage areas effectively screened from the residential district:
(1) 
Automobile parts and accessory store, only within completely enclosed buildings.
(2) 
Automobile sales and/or service establishment, excluding automobile body repair shops.
(3) 
Automobile and/or truck rental or leasing establishment.
(4) 
Parking facilities, including structures and ramps.
(5) 
Recreation vehicle sales, service and storage establishments, including boats and motorcycles.
J. 
Signs in conformance with this chapter.

§ 465-91 Permitted accessory uses.

A. 
Garages for the storage or loading of vehicles used in conjunction with the operation of a principal use.
B. 
Off-street parking and loading spaces and facilities in conformance with this chapter.
C. 
Utility sheds, power supply units, external building heating/cooling systems, and other uses normally auxiliary to the principal use.
D. 
Outdoor storage areas of a building supply store, a feed and fuel store, a hardware store, a department store, a tool and equipment rental store containing retail or rental goods, or a motor vehicle use, provided that, when such areas are adjacent to or across an alley from a residential district, such areas shall be effectively screened as required in this chapter.
E. 
Outdoor storage areas of a garden supply store, a commercial nursery, greenhouse or orchard containing retail garden supplies, plants or planting materials, provided that, when such areas are adjacent to or across an alley from a residential district, such storage shall be located in a manner which produces an effective screen.
F. 
Public use service building or structure.
G. 
Outdoor dining areas located in public rights-of-way or major street setback areas, in conjunction with an adjacent bakery, candy and ice cream store, coffee shop, food store, grocery, delicatessen or restaurant in conformance with this chapter.
H. 
Exterior use of property to remove and replace vehicle tires.
I. 
Permanent cosmetic makeup, only when performed in conjunction with a beauty salon or similar principal permitted use.

§ 465-92 Conditional uses.

A. 
Multiple-family residences above the first floor and in conformance with this chapter or on the first floor, provided the property owner retains a minimum of two off-street parking spaces on site for each rental unit's inhabitants. For purposes of this chapter, "on site" shall refer to the parcel of property owned by the property owner upon which the multiple-family residence sits, and nearby public parking or off-street parking shall not be considered "on site."
[Amended 7-1-2014 by Ord. No. 2014-2285]
B. 
Hotels and motels constructed after the effective date of this chapter.
C. 
Community living arrangements, in conformance with § 62.23(7)(i), Wis. Stats.
D. 
Commercial development as follows:
(1) 
New developments. Any group of permitted use(s) which is planned, developed or functions as a unit and is located on a lot or contiguous group of lots, whether or not divided by a street or alley right-of-way, which equals an area of 2 1/2 acres or greater.
(2) 
Additions, enlargements or expansions. Any addition, enlargement or expansion of any use(s) contained within a group of permitted uses, when such group is located on a lot or contiguous group of lots, whether or not divided by a street or alley right-of-way, which equals an area of 2 1/2 acres or greater.
(3) 
Buildings detached from a principal building. Any permitted use(s) which is to be located on the same lot(s) as, and detached from, any building which contains a group of permitted uses, which is planned, developed or functions as a unit, and when such group is located on a lot or a contiguous group of lots, whether or not divided by a street or alley right-of-way, which equals an area of 2 1/2 acres or greater.
(4) 
Unified business center. A commercial development as defined in this chapter.
(5) 
Automobile body shop.
(6) 
Automobile or truck wash.
(7) 
Drive-in theater, excluding adult uses.
(8) 
Outdoor commercial recreational uses, including amusement parks, golf ranges, miniature golf courses, baseball ranges, and carnivals and circuses licensed by the City, which are conducted for 30 or more consecutive days.
(9) 
Brewpub or winery, accessory to a restaurant, tavern, cocktail lounge or package beverage store, provided that no greater than 30% of the gross floor area is devoted to any manufacturing or processing, or storage of beverages produced on premises and provided that brewpubs produce no greater than 3,000 barrels of fermented malt beverages per year or that wineries produce no greater than 20,000 gallons of wine per year, in conformance with Ch. 125, Wis. Stats., and the City's Code.
(10) 
Aluminum collection centers.
(11) 
Recycling collection centers.
(12) 
Bed-and-breakfast establishments.
(13) 
Utility substations and communication towers, radio/television/relay towers and antennas.
(14) 
Rooming houses and boardinghouses above first floor.
(15) 
Stormwater detention and retention basins.
(16) 
Drive-thru facilities in conjunction with any permitted use, excluding alcohol beverage sales, which may not be made therefrom.
(17) 
Self-service storage facilities (mini warehouses).
(18) 
Automobile fuel station or automobile fuel and service station, including combination convenience store.
(19) 
Body-piercing establishments.
(20) 
Tattoo establishments.
(21) 
Convenient cash, cash checking, payday loan businesses (effective January 1, 2011, payday loan businesses require a permit from the Marinette Common Council and may only be granted a conditional use permit if located at least 150 feet from any single-family or two-family residential zoning district, and may only be granted a conditional use permit if located at least 1,500 feet from another payday loan business, pursuant to Wisconsin State Law, 2009 Act 405).
(22) 
Educational training centers.
(23) 
Educational and/or training facilities that may accommodate light assembly, fabrication and necessary equipment required to complete contracted production tasks.
(24) 
Car wash.
(25) 
Pawnbroker/pawn shop.
[Added 5-2-2023 by Ord. No. 2023-2508]

§ 465-93 Building height.

Buildings erected or structurally altered shall not exceed 96 feet or eight stories in height.

§ 465-94 Yard requirements.

[Amended 2-4-2025 by Ord. No. 2538]
A. 
Front yard. Where parts of the frontage are designated on the district map as residential district and B-3 Community Business District, the setback regulations of the residential district shall apply to the commercial district; otherwise no setback shall be required. Subject to all other statutes, ordinances and rules governing signs, a sign shall be allowed in the setback, provided it does not obstruct the vision or passage of pedestrians or operators of bicycles or motor vehicles; except that no sign shall be allowed in the portion of the setback of a corner lot at the intersection of two streets described as follows: a triangle formed by the corner point of the lot and points on the front and side lot line 20 feet in from the corner.
B. 
Side yard. For buildings or parts of buildings erected or structurally altered after the adoption of this chapter for residential use, the side yard regulations for the Single-Family Residential District shall apply, otherwise no setbacks shall be required.
C. 
Rear yard. There shall be a rear yard having a minimum depth of 20 feet for a building three stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased four feet. Builder shall have the option of providing a loading space of equal area between sidewalk and front of building.
D. 
Lot area. Lots shall have a minimum area of 5,000 square feet.
E. 
Lot area per family. Every building or part of a building erected or structurally altered for residential purposes after January 4, 1955, shall provide a lot area of not less than 7,200 square feet per family.
F. 
Lot width. Lot shall not be less than 60 feet in width.

§ 465-95 Plan Commission approval.

To encourage a commercial use environment that is compatible with existing land uses, the City's Comprehensive Plan and the intent of this chapter, no building permit shall be issued without the review and approval of the Plan Commission except those items listed in the Plan Commission Approval Matrix.[1] Said review and approval shall be concerned with the location of the use in addition to the site plan review and approval procedures required under this chapter.
[1]
Editor's Note: The Plan Commission Approval Matrix is an attachment to this chapter.