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Marinette City Zoning Code

ARTICLE XVI

MU Mixed Use District

§ 465-104 Purpose.

The primary purposes of the MU (Mixed Use) District are to accommodate retail, service, office, institutional and residential uses characteristic of a mixed-use neighborhood in a manner consistent with an adopted neighborhood plan or site development plan in selected areas of the City.

§ 465-105 Site plan review required.

For the purposes of promoting compatible development, stability of property values and to prevent impairment or depreciation of property values, no person(s) shall be issued a permit for new construction or additions without first obtaining approval of a site plan as set forth in this chapter.

§ 465-106 Permitted principal uses.

A. 
Single-family dwellings.
B. 
Two-family dwellings.

§ 465-107 Conditional uses.

Each principal and accessory use shall require a conditional use permit subject to this chapter where construction of a new building or group of buildings on the same lot or contiguous group of lots is required. New occupancy of a building for any of the following conditional uses, which does not involve additions, enlargements or expansion, does not require a new conditional use permit.
A. 
Multiple-family residences. Such residences may be located at or above the first floor and attached or detached to another principal use.
B. 
Elderly and/or handicapped multifamily units, elderly and handicapped community living arrangements and assisted living facilities. Such units, living arrangements or facilities may be located at or above the first floor and attached or detached to another principal use. Assisted living facilities shall also be in conformance with § 50.034, Wis. Stats., and Ch. DHS 89, Wis. Adm. Code.
C. 
Related elderly housing facilities, including management office, service building, clubhouse, centralized recreational facilities, including swimming pools, private noncommercial tennis and game courts, private noncommercial common dining room, infirmary and limited medical emergency facilities restricted to serving residents, limited convenience retail and service uses for the benefit of the residents and guests.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
D. 
Convenience retail and service stores as follows, all conducted wholly within an enclosed building, except as provided for herein and in this chapter:
(1) 
Bakery, retail.
(2) 
Barbershop.
(3) 
Beauty or styling salon.
(4) 
Bicycle sales, rental and repair shop.
(5) 
Book and stationery shop or newsstand; excluding adult uses, as defined in Article XXIX.
(6) 
Camera and photographic supply store.
(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 custom order purposes.
(14) 
Gift shop.
(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.
(21) 
Pet shop.
(22) 
Photocopying center.
(23) 
Record or tape store.
(24) 
Repair, rental or servicing of any article the sale of which is a conditional use in the B-4 District.
(25) 
Restaurant, including outdoor cafe restaurants and refreshment stands.
(26) 
Secondhand and antique shop.
(27) 
Shoe repair and combination shoe sales.
(28) 
Tobacco and pipe shop.
(29) 
Travel bureau and transportation ticket office.
(30) 
Upholstering shop.
E. 
General merchandise and service stores as follows, all conducted wholly within an enclosed building, except as provided for in this chapter:
(1) 
Apparel store.
(2) 
Business machine sales and service.
(3) 
Catalog and mail-order store.
(4) 
Department store.
(5) 
Drapery, curtain, and fabric store.
(6) 
Furniture and home furnishing store.
(7) 
Furriers and fur shops.
(8) 
Household appliance store.
(9) 
Interior decorating and picture framing studio.
(10) 
Leather goods and luggage store.
(11) 
Musical instrument store.
(12) 
Opticians' sales.
(13) 
Orthopedic and medical appliance store.
(14) 
Radio, television, stereophonic and other electronic appliance store.
(15) 
Shoe and boot store.
(16) 
Sporting goods and trophy store.
(17) 
Toy store.
(18) 
Variety store.
F. 
Miscellaneous retail building, home improvement and gardening supply stores and uses as follows, all conducted wholly within an enclosed building, except as provided for in this chapter:
(1) 
Building supply store, not involving the manufacture, treatment or processing of any product, other than the cutting and planing, which is clearly incidental or essential to the retail business.
(2) 
Carpenter, electrical, plumbing, heating and air conditioning shop, showroom and storage area.
(3) 
Floor covering and carpet store.
(4) 
Garden supply store.
(5) 
Hardware store.
(6) 
Paint, glass and wallpaper store.
(7) 
Tool or equipment rental store.
G. 
Miscellaneous retail and service uses as follows, all conducted wholly within an enclosed building, except as provided for herein and in this chapter:
(1) 
Adult day-care centers.
(2) 
Bank and other financial institutions, including drive-thru facilities.
(3) 
Bowling alleys and roller skating rinks.
(4) 
Civic, social and fraternal clubs and lodges, and union halls, including for-profit and nonprofit establishments.
(5) 
Funeral homes.
(6) 
Janitorial supply and service stores.
(7) 
Medical clinics or laboratories, excluding hospitals.
(8) 
Nursery and child-care centers.
(9) 
Offices: business, professional, governmental, civic, service, philanthropic, political and union.
(10) 
Physical fitness center and health club.
(11) 
Printing and publishing establishments, including newspaper establishments.
(12) 
Private business: dance, driving or martial arts schools, or other similar private schools.
(13) 
Recording and sound studio.
(14) 
Sign painting shop, limited to posters, banners, bumper stickers, truck and windows and other nonelectrical advertising displays.
(15) 
Studio for art, dance, music or photography.
(16) 
Tavern and cocktail lounge, and combination restaurant or eatery, including outdoor serving areas
(17) 
Theater, indoor.
H. 
Motor vehicle uses as follows, provided that all storage shall be within completely enclosed buildings or contained within accessory outdoor storage areas effectively screened:
(1) 
Automobile accessory and parts store.
(2) 
Parking facilities, including structures and ramps. Parking structure and ramp facilities shall be designed with high quality materials that are compatible with other buildings on the site and shall be designed with vertical emphasis and articulation. At least 50% of any parking structure's total ground floor frontage, excluding driveway entrances and elevators, shall be designed to accommodate commercial or office space.
I. 
Institutional uses as follows:
(1) 
Cultural institutions, including libraries, museums and art museums.
(2) 
Educational institutions, including public and private schools.
(3) 
Parks and playgrounds, including buildings and grounds, and properly licensed concessions
(4) 
Philanthropic and charitable institutions.
(5) 
Public administrative offices and public service buildings, including fire and police stations, community centers and public emergency shelters
(6) 
Public transportation uses, including municipal bus and transportation terminals.
(7) 
Public and private utility offices.
(8) 
Religious institutions, including churches, chapels, temples, synagogues, convents, seminaries, rectories, parsonages, parish houses and residential quarters for clergy. Such quarters are permitted to be located on the same lot with a religious institution.
J. 
Outdoor advertising signs in conformance with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 465-108 Conditional uses.

A. 
Single-family attached residences in conformance with this chapter.
B. 
Hotels and motels in conformance with this chapter.
C. 
Community living arrangements, in conformance with § 62.23(7)(i), Wis. Stats., and this chapter.
D. 
Convention center in conformance with this chapter.
E. 
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 this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
F. 
Bed-and-breakfast establishments in conformance with this chapter.
G. 
Utility substations not visible from public streets or public spaces in conformance with this chapter.
H. 
Stormwater detention and retention basins.
I. 
Drive-thru facilities in conjunction with any permitted use, excluding alcohol beverage sales, and in conformance with this chapter. Drive-thru lanes shall not be located between a building and a major street.
J. 
Unified business center. A commercial development, as defined in this chapter.
K. 
Large-scale commercial development. A commercial development, as defined in this chapter.

§ 465-109 Accessory uses.

A. 
Garages for the storage or loading of vehicles used in conjunction with the operation of a principal use.
B. 
Home occupations in residential dwellings in conformance with the standards and conditions set forth in this chapter.
C. 
Off-street parking and loading spaces and facilities in conformance with this chapter. Loading docks shall be properly screened and/or recessed. Screening shall be accomplished by walls of the same building material as the principal building.
D. 
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 the City's Code.
E. 
Power supply units, external building heating/cooling systems, and other uses normally auxiliary to the principal use. Such equipment shall be screened by fencing, walls or vegetation. Rooftop equipment shall be screened behind parapets or recessed into roofs with matching building materials and shall be located below the highest vertical element of the building.
F. 
Public use service building or structure.
G. 
Trash enclosures. Such enclosures shall be constructed of building materials that match the associated building. Screening shall be provided on three sides and on the fourth side by a gate which also provides screening.
H. 
Signs in conformance with the following:
(1) 
Nonresidential uses and residential and nonresidential uses located in the same building shall be restricted to the requirements of the City's Code.
(2) 
Residential uses shall be restricted to the requirements of the City's Code.
I. 
Sidewalk display area located on private property along the frontage of each tenant space and in compliance with the Americans with Disabilities Act.
J. 
Any other accessory use as permitted by the Plan Commission.

§ 465-110 Lot area.

A. 
Single-family attached residences.
(1) 
Single-family attached residences located on separate lots. Interior lots shall be required to have a minimum lot area of 2,500 square feet and a minimum lot width of 25 feet. Corner lots shall be required to have a minimum lot area of 3,000 square feet and a minimum lot width of 30 feet.
(2) 
Single-family attached residences located on a common lot.
B. 
A series of single-family attached residences located on a common property shall be required to have a minimum lot width of 25 feet for each interior unit and a lot width of 30 feet for each corner unit. A single-family attached residential development shall be required to have a minimum lot area of 2,500 square feet for each interior unit and a minimum of 3,000 square feet for each corner unit.
C. 
Commercial, office, institutional, multiple-family residential, elderly and/or handicapped multifamily units, elderly and handicapped community living arrangements, and assisted living facilities. There shall be no minimum lot area or width requirements, except that multiple-family residential, elderly and/or handicapped multifamily uses shall be required to have a minimum of 500 square feet of lot area per dwelling unit.
D. 
Lots used for community living arrangements, elderly and handicapped community living arrangements and assisted living facilities shall be required to have a minimum of 500 square feet of lot area per bed.

§ 465-111 Building height.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Principal buildings or structures. No building or structure, nor the enlargement of any building or structure, shall exceed 50 feet or five stories in height. Buildings shall be a minimum of 25 feet in height at their lowest portion, or as approved by the Plan Commission.

§ 465-112 Yard requirements.

A. 
Single-family attached residences.
(1) 
Front yard. There shall a minimum setback of 25 feet from the street right-of-way.
B. 
Side yards.
(1) 
Interior side yard. There shall be a minimum interior side yard of five feet for one-story buildings and eight feet for two-or-more-story buildings. Interior lots shall have two interior side yards. Single-family attached residences without any windows or openings may have the interior side yard reduced to zero feet when located adjacent to another single-family attached residence and when approved as part of a planned development through a conditional use permit.
(2) 
Street side yard. There shall be a build-to line range of zero feet to 15 feet, measured from the street-side lot line or from the setback line of any major street. Corner lots shall have at least one street side yard and may have a second street side yard or one interior side yard. A minimum of 60% of the principal building width or a combination of 60% of the principal building width and accessory building width, measured at the ground level, shall be located at the build-to line on at least one street side yard.
C. 
Rear lot access. A minimum nine-foot side yard shall be maintained on one side of the principal building for purposes of providing adequate rear lot access, except where an attached garage is part of the principal building or where a lot has access to an alley.
D. 
Rear yard. There shall be a minimum rear yard of 25 feet.
E. 
Distance between grouped buildings. A minimum yard of 20 feet shall be maintained between two or more principal buildings that are constructed on the same lot.
F. 
Permitted encroachments beyond build-to line.
(1) 
Notwithstanding the ordinance, covered or uncovered porches, balconies, stoops, bay windows and stairs shall be permitted to extend into an encroachment zone up to zero feet from the property line. Such encroachment zone shall be located between the front yard build-to line and front property line and the street side yard build-to line and street side yard property line.
(2) 
Eaves may extend up to four feet into the permitted encroachment zone. In no case may an eave extend beyond the property line.
(3) 
Garden walls or fences shall be permitted along the build-to line or property line at a street or at a common property line. These walls or fences may be made of either the material of the adjacent building or masonry, metal, landscape material, or combination of acceptable materials.

§ 465-113 Accessory building, structures or uses.

A. 
Accessory front yard. There shall be a minimum accessory front yard of 70 feet, measured from the front lot line or from the setback line of any major street. The minimum accessory front yard may be reduced by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
Accessory side yards.
(1) 
Accessory interior side yard. There shall be a minimum accessory interior side yard of two feet.
(2) 
Accessory street side yard. There shall be a build-to line of 15 feet, measured from the street side lot line or from the setback line of any major street. Corner lots shall have at least one street side yard and may have a second street side yard or one interior side yard. A minimum combination of 60% of the principal building width and the accessory building width, measured at the ground level, shall be located at the build-to line on at least one street side yard.
(3) 
Accessory rear yard. There shall be a minimum accessory rear yard of two feet.
(4) 
Distance between accessory buildings or structures and the principal building or structure. Accessory buildings or structures shall not be constructed or placed closer than five feet to any principal building or structure on the lot.
C. 
Maximum coverage of lot with accessory buildings or structures. Accessory buildings or structures, other than swimming pools, shall not cover any portion of a lot in excess of 15% of the lot area, unless approved under a conditional use permit.
D. 
Exterior building and structure materials. Exterior building materials for accessory buildings and/or structures shall be consistent with materials used on the principal building(s).

§ 465-114 Exceptions.

A. 
Where primary entrances are located along a street side yard, or a rear yard located along a public street, a minimum of 90% of the principal building width measured at the ground level shall be located at a consistent build-to line.
B. 
Where primary entrances are located along a private street, there shall be a build-to line range of zero feet to 15 feet, measured from the back of the curb of the private street pavement or other defined edge, as approved by the Plan Commission. A minimum of 90% of the principal building width measured at the ground level shall be located at a consistent build-to line.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 465-115 Multiple-family residential, elderly and/or handicapped multifamily units, elderly and handicapped community living arrangements and assisted living facilities.

A. 
Front yard. There shall be a build-to line of a range of zero feet to 15 feet, measured from the front lot line or from the setback line of any major street. A minimum of 60% of the principal building width measured at the ground level shall be located at a consistent build-to line.
B. 
Side yards.
(1) 
Interior side yard.
(a) 
One- or two-story building: 10 feet.
(b) 
Three-story building: minimum 10 feet for the first and second story, 12 feet for the third story.
(c) 
Four-story building: minimum 10 feet for the first and second story, 12 feet for the third story, and 14 feet for the fourth story.
(d) 
Five-story building: minimum 10 feet for the first and second story, 12 feet for the third story, 14 feet for the fourth story, and 16 feet for the fifth story.
(e) 
Where a building has a masonry wall without any windows or openings on a side of a building, the interior side yard along that side of the building may be reduced to zero.
(2) 
Street side yard. There shall be a build-to line range of zero feet to 15 feet, measured from the street side lot line or from the setback line of any major street. Corner lots shall have at least one street side yard and may have a second street side yard or one interior side yard. A minimum of 60% of the principal building width and accessory building width, measured at the ground level, shall be located at a consistent build-to line on at least one street side yard.
C. 
Rear yard. A rear yard of not less than 10 feet is required unless the rear yard is located along a public street, in which case a build-to line range of zero feet to 15 feet, measured from the rear lot line or from the setback line of any major street, shall be required.
D. 
Distance between grouped buildings. A minimum yard of 20 feet shall be maintained between two or more principal buildings that are constructed on the same lot.
E. 
Permitted encroachments beyond build-to line.
(1) 
Covered or uncovered porches, balconies, stoops, bay windows and stairs shall be permitted to extend into an encroachment zone range of zero feet to 15 feet. Such encroachment zone shall be located between the front yard build-to line and front property line and the street side yard build-to line and street side yard property line.
(2) 
Eaves may extend up to four feet into the permitted encroachment zone. In no case may an eave extend beyond the property line.
(3) 
Garden walls or fences shall be permitted along the build-to line or property line at street or public way frontage or at a common property line. These walls or fences may be made of either the material of the adjacent building or masonry, metal, landscape material, or combination of acceptable materials.
F. 
Accessory building, structures or uses.
(1) 
Accessory front yard. There shall be a minimum accessory front yard of 70 feet, measured from the front lot line or from the setback line of any major street. The minimum accessory front yard may be reduced by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Accessory side yards.
(a) 
Accessory interior side yard. There shall be a minimum accessory interior side yard of four feet.
(b) 
Accessory street side yard. There shall be a build-to line range of zero feet to 15 feet, measured from the street side lot line or from the setback line of any major street. Corner lots shall have at least one street side yard and may have a second street side yard or one interior side yard. A minimum combination of 60% of the principal building width and the accessory building width, measured at the ground level, shall be located at the build-to line on at least one street side yard.
(3) 
Accessory rear yard. There shall be a minimum accessory rear yard of four feet, except where a rear yard is located along a public street; in which case there shall be a build-to line of 12 feet, measured from the front lot line or from the setback line of any major street.
(4) 
Distance between accessory buildings or structures and the principal building or structure. Accessory buildings or structures shall not be constructed or placed closer than five feet to any principal building or structure on the lot.
(5) 
Maximum coverage of lot with accessory buildings or structures. Accessory buildings or structures, other than swimming pools, shall not cover any portion of a lot in excess of 15% of the lot area, unless approved under a conditional use permit.
(6) 
Exterior building and structure materials. Exterior building materials for accessory buildings and/or structures shall be consistent with materials used on the principal building(s).
G. 
Exceptions.
(1) 
Where more than one building has frontage along a major street, a consistent build-to line shall be provided for all buildings, except where approved by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Where a primary entrance into a building or unit is located on a street side yard or a rear yard located on a public street, a minimum of 60% of the principal building width, measured at the ground level, shall be located at a consistent build-to line.
(3) 
Where an entrance for underground parking is provided from a public street, the build-to line may be increased to a maximum of 25 feet.
(4) 
Where a primary entrance into a building or unit is located along a private street there shall be a build-to line range of zero feet to 15 feet, measured from the back of the curb of the private street pavement or other defined edge as approved by the Plan Commission. A minimum of 60% of the principal building width measured at the ground level shall be located at a consistent build-to line. Elderly and/or handicapped multifamily units, elderly and handicapped community living arrangements and assisted living facilities shall not be required to build to the build-to line along a private street.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(5) 
Build-to lines located on lots with curved property lines at a public or private street may be substituted with a straight line located at the average depth of the curved line. Where two or more buildings are located along a curved property line along a public or private street, a curved build-to line may be substituted with a straight line located at the average depth of the curved line along the frontage of each building.
(6) 
Encroachments permitted under this chapter shall also be permitted where a primary entrance into a building or unit is located along a private street or when a rear yard is located along a public street. The encroachment zone shall be located between the build-to line and the property line or other defined edge approved by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 465-116 Commercial, office, institutional and multiple-family residential above first floor.

A. 
Front yard. No front yard shall be required; however, no building shall have a yard greater than 15 feet from a property line along a public street or the setback line of any major street.
B. 
Side yards.
(1) 
Interior side yard.
(a) 
Two-story building: 10 feet.
(b) 
Three-story building: minimum 10 feet for the first and second story, 12 feet for the third story.
(c) 
Four-story building: minimum 10 feet for the first and second story, 12 feet for the third story, and 14 feet for the fourth story.
(d) 
Five-story building: minimum 10 feet for the first and second story, 12 feet for the third story, 14 feet for the fourth story, and 16 feet for the fifth story.
(e) 
Where a building has a masonry wall without any windows or openings on a side of a building, the interior side yard along that side of the building may be reduced to zero feet.
(f) 
Where a building has an interior side yard along a private street, no yard shall be required; however, no building shall be less than 20 feet from another building located across a private street.
C. 
Street side yard. No street side yard shall be required; however, no building shall have a yard greater than 15 feet from a property line along a public street or the setback line of any major street.
D. 
Rear yard. A rear yard of not less than nine feet is required unless the rear yard is located along a public street; in which case, the rear yard may be reduced to zero feet. No building shall have a yard greater than 15 feet from a property line along a public street or the setback line of any major street.
E. 
Accessory buildings, structures or fences.
(1) 
Where a principal building and accessory structure(s) have frontage along a public street, the required yard for the accessory structure(s) shall not be less than the principal building's yard. The minimum building to property line setback for the side and rear yards that do not front on a street shall be five feet, unless constructed in accordance with the Commercial Building Code and used in conjunction with an approved commercial principal use of the property.
(2) 
No fence shall be constructed in any yard unless said fence is approved through a conditional use permit/site plan review.
(3) 
Exterior building and structure materials. Exterior building materials for accessory buildings and/or structures shall be consistent with materials used on the principal building(s).
F. 
Accessory uses. Landscaping requirements shall be required for accessory uses where no building or structure is involved.
G. 
Exceptions:
(1) 
Where more than one building has frontage along a major street, no yard along the major street shall be greater or lesser than an adjacent building, except where approved by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Where a building has frontage along two or more public streets not classified as major streets, a maximum yard of 15 feet shall only be required for one of the public streets.
(3) 
Where a building has a front yard along a public street and a street side yard along a major street, the Plan Commission may approve a setback greater than 15 feet for the front yard side of the building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]