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Marinette City Zoning Code

ARTICLE II

General Regulations on Uses, Heights and Yards

§ 465-10 Jurisdiction.

The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the City of Marinette.

§ 465-11 When compliance is required.

A. 
The use and height of buildings erected, converted, enlarged or structurally altered after the adoption of this chapter and the use of any land shall be in compliance with the regulations established herein for the district in which the land or building is located.
B. 
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which any permit has been issued before the effective date of this chapter or amendment thereto and the construction of which shall have been started within six months from the date of such permit.

§ 465-12 Reduction or combination of yard areas.

A. 
No lot, yard, parking area, open space, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter.
B. 
No part of any lot, yard, parking area, open space, building area or other space required for a structure or use shall be included as a lot, yard, parking area, open space, building area or other open space required for another structure.

§ 465-13 Site restrictions.

A. 
No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The City Building Inspector, in applying the provisions of this section, shall in writing recite the particular facts upon which he or she bases his or her conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if applicant so desires. Thereafter, the Plan Commission may affirm, modify, or withdraw the determination of unsuitability.
B. 
All lots shall abut upon a public street, and each lot shall have a minimum frontage as specified in this chapter.
C. 
All principal structures in single-family and two-family residential district shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot. The Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

§ 465-14 Street dedication.

No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

§ 465-15 Property lines abutting district boundaries.

Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which form the district boundary line.

§ 465-16 Use restrictions.

The following use restrictions and regulations shall apply:
A. 
Principal uses. Only those principal uses specified for a district, its essential services, and the following uses shall be permitted in that district.
B. 
Accessory uses and structures are permitted in any district but not until the principal structure is present or under construction. Accessory structures are permitted on the rear yard and side yards only. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations and professional home offices as defined in this chapter.
(1) 
Accessory uses include but are not limited to:
(a) 
Storage; parking facilities.
(b) 
Gardening; servants', owner's, itinerant agricultural laborers' and watchpersons' quarters not for rent.
(c) 
Private swimming pools.
(d) 
Private emergency shelters.
C. 
Accessory buildings - lot coverage. Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard and shall not exceed 900 square feet in area; shall not be more than 15 feet and six inches high and shall not be nearer than four feet to any lot line.
D. 
Accessory uses and structures shall be located on the same lot as the principal use; however, accessory uses and structures may be located on a lot that is contiguous to and under the same ownership as the lot on which the principal use is located. Lots separated by a street, alley or railroad are not deemed to be contiguous.
E. 
Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and site approval by the Marinette Plan Commission in accordance with Article XXXI of this chapter.
F. 
Temporary uses, such as banners, sales tents, Christmas tree sales, seasonal sale of farm produce, contractor's office and construction equipment shells, and temporary shelters, may be permitted by the Plan Commission.

§ 465-17 Height limitations.

Buildings hereinafter erected or structurally altered shall not exceed the maximum height permitted in the district in which the building is located.

§ 465-18 Exceptions to height and yard space requirements.

The regulations contained in this chapter relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
A. 
Public and quasi-public buildings. Churches, schools, hospitals, sanitariums and other public and quasi-public buildings may be erected to a height not exceeding 75 feet or seven stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
B. 
Essential services. Chimneys; cooling towers; elevator bulkheads; fire towers; monuments; penthouses; stacks; scenery lofts; tanks; water towers; ornamental towers, spires; wireless, television, microwave radio relay structures; telephone, telegraph and power poles and lines, and mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the City of Marinette.
C. 
Residences in the residential districts may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located.
D. 
Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
E. 
With respect to a building extending from street to street on through lots, the requirements of this chapter for a rear yard may be waived if an equivalent open space on the same lot is otherwise provided and the setback requirement on both streets is complied with.
F. 
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and the ordinary projections of sills, belt courses, cornices, and ornamental features projecting not more than 12 inches.
G. 
Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided they be so located as not to obstruct light and ventilation.

§ 465-18.1 Solar regulations.

[Added 6-4-2024 by Ord. No. 2524]
A. 
Scope. This regulation applies to all solar installations within the City of Marinette.
B. 
Purpose. To protect neighboring landowners from undue solar reflectivity when installing solar systems, to regulate where they can be installed, and to regulate setbacks from solar systems.
C. 
Definitions specific to solar systems:
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS
A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.
COMMUNITY SOLAR GARDEN
A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Also referred to as shared solar.
COMMUNITY-SCALE SOLAR ENERGY SYSTEM
A commercial solar energy system that converts sunlight into electricity for the primary purpose of serving electric demands off-site from the facility, either retail or wholesale. Community-scale systems are principal uses and projects typically cover less than 10 acres.
GRID-INTERTIE SOLAR ENERGY SYSTEM
A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.
GROUND-MOUNT
A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems shall be considered accessory uses.
LARGE-SCALE SOLAR ENERGY SYSTEM
A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A large-scale solar energy system will have a project size greater than 10 acres and is the principal land use for the parcel(s) on which it is located.
OFF-GRID SOLAR ENERGY SYSTEM
A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.
PASSIVE SOLAR ENERGY SYSTEM
A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM
A solar energy system that converts solar energy directly into electricity.
ROOF-MOUNT
A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. Roof-mount systems are accessory to the principal use.
SOLAR COLLECTOR
A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware.
SOLAR ENERGY
Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM
A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.
SOLAR HOT AIR SYSTEM (also referred to as Solar Air Heat or Solar Furnace)
A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating, typically using a vertically mounted collector on a south-facing wall.
SOLAR HOT WATER SYSTEM
A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
SOLAR MOUNTING DEVICES
Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
SOLAR REFLECTIVITY
The energy, brightness and/or the heat generated by the sun shining on the panels and reflecting off the shiny surface of the panels.
SOLAR REFLECTIVITY PATH
The energy, brightness and/or the heat generated by the sun shining on the panels and reflecting off the shiny surface of the panels. This path starts in the west and moves to the east opposite of the suns path and will reflect off the solar panel's at a right angle to the sun.
D. 
Permitted accessory use. Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the following design standards will require a conditional use permit.
(1) 
Height. Solar energy systems must meet the following height requirements:
(a) 
Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building mounted mechanical devices or equipment.
(b) 
Ground or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.
(c) 
Solar carports in nonresidential districts shall not exceed 20 feet in height.
(2) 
Setback. Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below.
(a) 
Roof- or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. (Roof-mounted systems extending beyond the perimeter of the building could interfere with ladder placement). Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.
(b) 
Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.
(3) 
Visibility. Solar energy systems in all districts shall be designed to minimize visual impacts from the public right-of-way and to the neighbors as to not create a nuisance to the neighborhood or the vehicles that travel on the public roadways due to the solar reflectivity path.
(a) 
In historic zones solar systems shall be allowed only if approved by the historic preservation commission and be hidden from sight as to not detract from the historical zone.
(b) 
Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than 10 inches above the roof. Roof-mounted systems cannot exceed the roof dimensions.
(c) 
Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
(d) 
Reflectors, all solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.
(4) 
Lot coverage. Ground-mount systems total collector area shall not exceed half the building footprint of the principal structure. Reference current code.
(a) 
Ground-mount systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.
(b) 
Ground-mounted systems shall not count toward accessory structure limitations.
(c) 
Solar carports in nonresidential districts are exempt from lot coverage limitations.
(5) 
Plan approval and permits required. All solar energy systems requiring a building permit or other permit shall provide a detailed site plan for review addressing all the setbacks, load calculations, solar reflectivity paths and any other pertinent details to provide for a thorough review.
(6) 
In all commercial districts solar installations shall require planning commission approval prior to permitting.
E. 
Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.
F. 
Plan approvals, Residential R-1 and R-2 zones. Applications that meet the design requirements of this section shall be granted administrative approval by the Building/Zoning Official. Plan approval does not indicate compliance with Building Code or Electric Code.
G. 
Plan approvals, commercial zones. Applications that meet the design requirements of this section shall be routed through the Planning Commission approval process by the Building/Zoning Official. Plan Commission approval does not indicate compliance with Building Code or Electric Code.
(1) 
Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.
(2) 
Compliance with Building Code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Wisconsin Building Code or the Building Code adopted by the local jurisdiction, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.
(3) 
Compliance with State Electric Code. All photovoltaic systems shall comply with the Wisconsin State Electric Code.
(4) 
Compliance with NFPA and DSPS regulations.
(5) 
Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Wisconsin State Plumbing Code requirements.
(6) 
Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
(7) 
Aviation protection. For solar systems located within 500 feet of an airport or within the approach zones of any landing zone including helipads, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(8) 
Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.
(a) 
Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months.
(b) 
The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
(c) 
Disposal of structures and/or foundations shall meet the provisions of the Community Solid Waste Ordinance.[1]
[1]
Editor's Note: See Ch. 349, Solid Waste.