Marinette City Zoning Code
ARTICLE XXIV
Waterfront Overlay Zoning Districts
§ 465-192 Goals for waterfront.
A.
Traditional water-dependent uses, such as cargo handling, commercial marinas, boatyards, and fishing docks, are of vital importance for maintaining the economic viability and maritime heritage of the City of Marinette's waterfront. However, maritime centers have experienced varying degrees of economic decline in recent years; some water-dependent uses are potentially subject to displacement by non-water-dependent uses, and a number of sites suitable for water-dependent use are now vacant or underutilized.
B.
An important goal of the Marinette Comprehensive Plan and the City of Marinette Waterfront Plan is to enhance the existing natural amenities and resources and maintain and enhance the social, economic and environmental benefits associated with the waterfront area where feasible for the enjoyment by residents and visitors and future generations through the application of appropriate techniques (including zoning and other land use laws and regulations) to support traditional water-dependent uses.
§ 465-193 Intent of waterfront overlay zones.
The intents of the waterfront overlay zoning districts are to:
A.
Protect industrial (water-dependent) uses from encroachment from incompatible uses;
B.
Allow existing water-dependent industrial and commercial uses to operate more successfully through, for example, permitting appropriate outside storage facilities; and
C.
Allow expansion of existing water-dependent facilities where feasible.
§ 465-194 Site plan review required.
Plan Commission review of site plans for all new or expanding development in the Waterfront Overlay Zones is required. The level of detail required in the site plan review process is determined on a case-by-case basis. Upon the request of the applicant, a preliminary conference involving the applicant, Plan Commission, and a representative of the Public Works/Building Department may be held to enable review of the basic site design concept prior to preparation and submission of the formal site plan. The site plan review required by this chapter (Article IV) specifies the application requirements, including the information to be provided. A number of the specific items of information to be provided are applicable to the review of waterfront development proposals. For example, the submitted site plan must show:
A.
Location of proposed land and water uses and the proposed use, dimensions, height;
B.
Architectural features of all structures;
C.
Location of outdoor storage (boat storage, for example) and description of material to be stored;
D.
Location and description of all proposed waterfront public access/recreation provisions;
E.
Provision for pedestrian and patron access, including public and private sidewalks;
F.
Walkways and docks; and
G.
Location, supporting design data, and copies of computations used as a basis for the design capacities and performance of stormwater management facilities.
§ 465-195 Waterfront Residential Overlay District.
B.
Building area for principal uses.
(2)
Shore frontage: 100 feet minimum per lot and per residential dwelling unit or institutional or governmental principal structure located within 250 feet of the normal high-water line of any water body or edge of a wetland.
(3)
Setbacks (minimum):
(a)
Fifteen feet from lot lines.
(b)
Seventy-five feet from the normal high-water line of water bodies or the upland edge of a wetland.
(c)
Twenty-five feet from the normal high-water line of an intermittent stream and 75 feet from a perennial stream (if sustained slopes exceed 20%, a 100-foot setback of undisturbed vegetation shall be maintained).
(4)
Height: 35 feet maximum.
(5)
Lot coverage: 20% maximum.
§ 465-196 Mixed Use Waterfront Overlay District.
A.
Permitted uses.
(1)
All maritime commercial and water-related recreational uses;
(2)
Non-maritime commercial uses (excluding transient accommodations) up to a total of 5,000 square feet in total building area; and
(3)
Offices, clubs, hotels, motels, and boatels;
(4)
Multifamily residential development;
(5)
Restaurants, bars, and grills; and
(6)
Walkways, walking trails, elevated viewing platforms, day-site picnic areas, information kiosks, interpretive sculptures, lakefront celebration plaza; as well as accessory road, driveway and parking areas.
B.
Maritime commercial uses shall include:
(1)
The sale and display of new or used boats and marine supplies;
(2)
The sale of engines, parts, marine electronic equipment, fishing supplies and sporting equipment for use with or in conjunction with boats;
(3)
The storage and dockage of boats both in and out of water;
(4)
Retail sale of marine fuel and oils;
(5)
Assembly of marine-related equipment and incidental light manufacturing;
(6)
The manufacture, construction, repair, maintenance and assembly of marine-related equipment, boats and accessories.
(7)
Sale of fish and shellfish either at retail or wholesale, the refrigerated storage of fish and the conducting of commercial fishing, including docking, loading and unloading of fish boats;
(8)
The storage of equipment for boats and the fishing industry in open lots.
C.
Lot standards.
(1)
Lot area: minimum 2,000 square feet per lot and per residential dwelling unit structure.
Exception: No minimum for maritime commercial uses.
E.
Development standards. When granting permission for a specific mixed use project the following conditions shall apply:
(1)
Retail sales, service and boat construction shall be clearly accessory and incidental to the principal use of the site as a marina.
(2)
The applicant/owner is responsible for securing any and all permits relating to dredging or governmental agencies; and
(3)
Other conditions may address the establishment and maintenance of property line buffers, parking areas, landscaping, signage, and other site development considerations.
(4)
Parking requirements as specified in this chapter.
§ 465-197 Maritime Industry Overlay District.
A.
The following uses are permitted subject to lot, structure and performance standards:
(1)
All maritime water-dependent industry;
(2)
All maritime commercial uses;
(3)
Non-maritime limited commercial use up to a total of 2,000 square feet in total building area, provided it is a nonresidential accessory use to an existing maritime commercial use for as long as the principal maritime use continues to operate.
(4)
Marinas with up to 550 linear feet of slip/dock space.
Exception: One residential dwelling unit is permitted as an accessory use to a commercial use. This is only to be used by the employer or employees of the commercial use. The applicant must demonstrate with clear and convincing evidence that the state subsurface wastewater laws will be satisfied.
C.
Setbacks (minimum).
(1)
Lot line setbacks: 15 feet from all lot lines.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2)
Height: 35 feet maximum.
(3)
Lot coverage: 70% maximum (includes nonvegetated surfaces).
(4)
High-water line: 15 feet from all ordinary high-water lines.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 465-198 Resource Protection Shoreland Zone.
A.
The following uses are permitted, subject to lot, structure and performance standards:
(1)
Small nonresidential structures or facilities for educational, scientific or nature interpretation purposes.
B.
Accessory uses: road, driveway and parking areas.
D.
Setbacks (minimum).
(1)
Lot line setbacks: 25 feet from lot lines.
(2)
Water setback: 75 feet from the normal high-water line of a water body or the upland edge of a wetland (100-foot setback of undisturbed vegetation shall be maintained).
(3)
Height: 20 feet maximum.
(4)
Lot coverage: 5% maximum (includes nonvegetated surfaces).