Marinette City Zoning Code
ARTICLE XXX
Development and Design Standards
§ 465-274 Purpose.
The purpose of the development and design standards are to provide for the future growth and development of those multifamily residences, businesses, and industries that seek an aesthetically attractive working environment. The intent and purpose of this article is to promote and maintain desirable conditions within multiple-family residential, business/commercial and industrial districts that are practical, feasible and an asset to owners, neighbors, and the City of Marinette while maintaining an attractive environment.
§ 465-275 Objectives.
The purpose of this article is to establish rules, regulations, standards, and procedures for approval of all new development proposals and the expansion of existing businesses and industries in order to:
A.
Provide for safe, efficient vehicular and pedestrian circulation.
B.
Provide for screening, landscaping, signage, and lighting.
C.
Ensure efficient, safe, and attractive land development.
D.
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimal adverse effect on adjacent properties.
E.
Develop proper safeguards to minimize the impact on the environment.
F.
Ensure the provision of adequate water supply, drainage, and stormwater management, sanitary facilities, and other utilities and services.
G.
Encourage modern and innovative design, construction, technology, and planning methods.
H.
Advance and promote sound growth and continued development within the City.
§ 465-276 Applicability.
This article applies to the following zoning districts: all multiple-family residential districts, business/commercial districts and industrial/manufacturing districts.
§ 465-277 Standard requirement.
The interpretation and application of the provisions of these standards shall be held as minimum requirements for the promotion of the public health, safety, and welfare.
A.
No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this article.
B.
Where permitted and prohibited uses, site and landscape regulations, building design criteria, off-street parking and loading requirements, and other regulations contained herein are either more or less restrictive than comparable conditions imposed by provisions contained in this chapter or of any other law, ordinance, rule, resolution or regulations, the requirements that are more restrictive or which impose a higher standard shall govern.
§ 465-278 Administration.
A.
The administration of this article shall be vested in the following: City Zoning, Engineering and Building Inspector, the City departments, and the City Plan Commission.
B.
It shall be the duty of the Building Inspector to be in charge of the day-to-day administration and interpretation of the development and design standards. Enforcement of these standards is charged to the City of Marinette Building Inspector in accordance with § 62.23(7), Wis. Stats.
C.
All proposed site plans shall be forwarded to the following City departments: zoning, engineering, building inspection, fire, and public works. These departments shall review each plan and make recommendations to approve, approve with conditions, or reject said plan to the City of Marinette Plan Commission. These departments shall be responsive to applicants and their possible time constraints and shall expedite the review process to the extent possible.
D.
From time to time the design criteria may be amended, changed or deleted. Such action shall take place originating before the Plan Commission in accordance with § 62.23(7), Wis. Stats.
§ 465-279 Appeals.
Unless otherwise provided herein, appeals to the requirements contained in these standards shall be heard by the Plan Commission.
§ 465-280 General building and performance standard.
The purpose of this section is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration, and decay; and to enhance the health, safety, and general welfare of the residents of the community.
A.
Building style and design. The City of Marinette's overall approach encourages a variety of architectural styles. However, basic harmony is intended to prevail so that no one structure detracts from the attractiveness of the overall environment. The Plan Commission shall review building design in order to ensure architectural compatibility and integrity.
B.
Building exterior.
(1)
The building exterior requirements of this section are intended to be minimum requirements, and more stringent requirements may be imposed by the Plan Commission, taking into consideration public interests such as coordinating a consistent appearance and quality of construction with adjacent structures, the size of the proposed structure, the topography of the site, and the proximity of the structure to public rights-of-way.
(2)
In multiple-family residential, commercial/business and industrial/manufacturing districts, colors, materials, finishes, and building form shall be coordinated in a consistent manner on the front, side, and rear exterior walls. Materials shall be one of the following:
(a)
Hard-burned clay brick color and texture to be approved.
(b)
Concrete masonry.
[1]
Units shall be those generally described by the National Concrete Masonry Association as "customized architectural concrete masonry units" or shall be broken-faced brick-type units with marble aggregate or split face or broken-off concrete block. There shall be no exposed concrete block on the exterior of any building. Any concrete masonry units that have a gray cement color shall be coated.
[2]
Concrete may be poured in place, tilt-up or precast. Poured-in-place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finishes, except in special cases, shall be coated. Precast units which are not uniform in color shall be coated. Coating shall be an approved cementitious or epoxy type with a ten-year minimum life expectancy.
(c)
Natural stone.
(d)
Glass curtain walls.
(e)
Metal siding may be used only in combination with one of the approved materials and with approval of the Plan Commission. Metal siding may be utilized only on the side and rear building walls that do not face an adjacent street. The first 25 feet of any building side wall or 25% of the side wall surface, whichever is greater, and 25% of the rear wall (excluding door, window or other openings) shall be constructed of the materials listed under Subsection B(2)(a) through (d) above. Any metal siding proposed for use shall be entirely coated with a colorfast, abrasion- and corrosion-resistant, long-life (minimum of 20 years) finish that is resistant to chemicals, withstands temperature extremes, and has a low permeability. Such panels shall be insulated (facing shall carry a UL approval), have a vapor barrier and have a minimum eight-foot (from floor) interior wear wall. Any material utilized to attach the metal siding to the building shall be concealed or the utilization of shadow panels or semi-concealed fastener panels with fasteners painted to match the panels shall be required. In the M-1 Light Manufacturing District and the M-2 Heavy Manufacturing District metal siding may be used for entire side and rear building walls with approval by the Plan Commission.
(f)
Other materials approved by the City Plan Commission.
C.
Building design and construction requirements for building additions and expansion. All buildings hereinafter constructed, expanded, remodeled or otherwise improved within these districts shall be designed in such a manner so that it provides a basic harmony with and does not detract from the overall attractiveness of surrounding development and shall be constructed of the following materials:
(1)
Brick
(2)
Concrete masonry.
(a)
Units shall be those generally described by the National Concrete Masonry Association as "customized architectural concrete masonry units" or shall be broken-faced brick-type units with marble aggregate or split face or broke-off concrete block. There shall be no exposed concrete block on the exterior of any building. Any concrete masonry units that have a gray cement color shall be coated.
(b)
Concrete may be poured in place, tilt-up, or precast. Poured-in-place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finish, except in special cases, shall be coated. Precast units which are not uniform in color shall be coated. Coating shall be an approved cementitious or epoxy type with a ten-year minimum life expectancy.
(3)
Natural stone.
(4)
Any other material approved by the Plan Commission.
(5)
Metal panels may be used only to accentuate or as a finish material within these districts. Any metal panel proposed for use within these districts as a finish material or to accentuate building shall be entirely coated with a colorfast, abrasion- and corrosion-resistant, long-life (minimum of 20 years) finish that is resistant to chemicals, withstands temperature extremes, and has a low permeability. Any material utilized to attach the metal panels to the building shall be concealed or the utilization of shadow panels or semi-concealed fastener panels with fasteners painted to match the panels shall be required.
D.
Building design and construction requirements. All buildings hereinafter constructed, expanded, remodeled, or otherwise improved within this district shall be designed in such a manner so they provide basic harmony with and do not detract from the overall attractiveness of surrounding development and shall be constructed of the following materials:
E.
Mechanical equipment. All mechanical equipment, including roof-mounted, shall be integrated into the design of the structure to the extent possible, enclosed or screened as part of the overall architectural design.
F.
Construction. Construction shall commence within one year of plan approval or in accordance with a development agreement with the City. No site plan approval by the Plan Commission shall be valid for more than 12 months from the date of such approval unless a building permit is obtained and development in accordance with such site plan is commenced within such period. The provisions of this section shall apply unless otherwise agreed to by the Plan Commission.
G.
Maintenance. The exterior walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition, free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, cracked, chipped, damaged or otherwise deteriorated shall be replaced, refinished, repaired or repainted in accordance with the reasonable determination and order of the Building Inspector within 60 days' notice of such defect.
H.
Screening of outdoor storage. All materials, equipment, and receptacles and containers for refuse and recyclables shall be stored within a building or fully screened so as not to be visible from adjoining properties and be located in the side or rear yard, except for construction and landscaping materials currently being used or intended for use on the premises within six months.
I.
Fences.
(1)
Construction and maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute a nuisance, public or private. Any such fence which is, or has become, dangerous to the public safety, health or welfare, is a public nuisance and shall be repaired. Link fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top except for limited outdoor storage areas.
(2)
Location and height.
(a)
On corner lots in all districts, no fence or planting in excess of 30 inches above the street center-line grade shall be permitted within a triangular area defined as follows: Beginning at the intersection of the projected curbing lines of two intersecting streets; thence 30 feet along one property line; thence diagonally to a point 30 feet from the point of beginning on the other property line; thence to the point of beginning.
(b)
In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, identifiable as a collapsible section, or other such means of recognizable ingress shall be unobstructed and a minimum of three feet in width. The location of such ingress points shall be positioned at any point paralleling the front lot line between the side lot property line and the principal structure.
(3)
Fences in all districts shall not exceed eight feet in height.
J.
Lighting standards. To provide for the basic needs of safety and security, appropriate lighting shall be provided in order to delineate roads, drives, parking areas, pedestrianways, buildings, and other organizational points. Lighting shall be an integral part of the overall architectural design; therefore, proposed lighting, whether freestanding or building-mounted, shall complement the architectural character of the principal use. Lighting design shall correlate energy conservation with aesthetic, architectural, and safety factors.
(1)
Any lighting used to illuminate off-street parking, loading and service areas shall be shaded, diffused or arranged to reflect light away from adjacent parcels and public streets. Glare, whether direct or reflected, as differentiated from general illumination, shall not be visible beyond the limits of the site from which it originates. Parking lot lights may be used in either a single or twin format. Characteristics: 27,000 lumen high-pressure sodium, mercury vapor, or metal halide, spaced approximately 100 to 120 feet off center, consisting of sharp, cutoff-type luminaries.
(2)
Walkway lighting should be of the same family as mentioned above, height to be 10 to 14 feet above grade. Characteristics: 150 to 175W color-corrected mercury vapor. Bollard lighting can be used as low-level walkway illumination on private property.
(3)
Building lighting should occur as part of the overall design concept using recessed lighting in overhangs and at the entrance. Well-designed soft lighting of the building exterior is allowed, provided it does not impact on the surrounding properties, complements the architecture, and the light source is concealed.
(4)
The use of floodlights, building-mounted or otherwise, and tall "freeway-type" fixtures is prohibited.
§ 465-281 Site plan.
A.
Procedure. The following procedure shall be followed for the submittal of site plans. Where procedures and requirements imposed by this section of the article are either more restrictive or less restrictive than comparable procedures and requirements imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or impose higher standards or requirements shall govern.
B.
Preliminary consultation. Prior to the submittal of a site plan, it is recommended that the developer meet with the City Engineer, the Building Inspector, and/or other appropriate City staff to discuss zoning district, site plan, and landscaping plan requirements. Such meeting should occur prior to any extensive outlay of funds on the part of the developer since it is intended to identify potential problems and methods, to alleviate them and to encourage a cooperative effort between the developer and the City.
C.
Plan submittal. Fourteen copies of all site plans requiring approval of the Plan Commission. All plans shall be drawn to an engineering scale no greater than one inch equals 100 feet plus one complete set of such plans reduced in size to 11 inches by 17 inches and include the following information:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1)
Name of project/development;
(2)
Location of project/development by street address;
(3)
Name and mailing address of developer/owner;
(4)
Name and mailing address of engineer/architect;
(5)
North point indicator;
(6)
Scale;
(7)
Boundary lines of property, with dimensions;
(8)
Location, identification, and dimensions of existing and proposed:
(a)
Topographic contours at a minimum interval of two feet;
(b)
Adjacent streets and street rights-of-way;
(c)
On-site streets and street rights-of-way;
(e)
All buildings and structures;
(f)
Parking facilities;
(g)
Water bodies and wetlands;
(h)
Surface water holding ponds, drainage ditches, and drainage patterns;
(i)
Sidewalks, walkways, and driveways;
(j)
Off-street loading areas and docks;
(k)
Fences and retaining walls;
(l)
All exterior signs;
(m)
Exterior refuse collection areas;
(n)
Exterior lighting; and
(o)
Traffic flow on and off site.
(p)
Location of open space;
(r)
Location and dimensions of proposed outdoor display areas.
(t)
Erosion control plans.
D.
Construction timetable. A staging plan for any projects involving more than one phase or construction season, which sets forth the chronological order of construction and relates to the proposed uses and structures of various service facilities and estimated completion dates.
E.
Other information considered pertinent by City staff and/or the developers.
F.
Site plan review. Site plans shall be forwarded to the Plan Commission. The Plan Commission shall review and either approve, conditionally approve, or deny approval of the site plan based upon the appropriate zoning district requirements and the criteria set forth above.
G.
After the Plan Commission has approved or conditionally approved plans that have been submitted, the work described in the plans shall be started within three months or they will become null and void. If the work described in the Plan Commission approval is started within the three-month time period, then the approval shall be deemed active and work shall be completed to the specifications of the approved plan within six months. If work is expected to extend beyond the six-month timeframe (such as for very large projects or for very detailed projects) a written request can be submitted along with the Plan Commission submittal, and the Plan Commission may extend the six-month extension at its discretion. If no extension is granted, then the project shall be completed within the six-month timeframe or face noncompliance penalties and/or possible Plan Commission revocation of approval.
[Added 6-6-2023 by Ord. No. 2510]
H.
Appeals. Appeals of a Plan Commission decision may be made to the Marinette Common Council.
I.
Landscaping. The City of Marinette finds that it is in the public interest for all developments to provide landscape improvements for the purposes of: complementing the natural environment; improving the general appearance of the City and enhancing its aesthetic appeal; preserving the economic base; improving quality of life; delineating and separating use areas; increasing the safety, efficiency, and aesthetics of use areas and open space; screening and enhancing privacy; mitigating the diverse impact of climate; conserving energy; abating erosion and stabilizing slopes; deadening sound; and preserving the quality of our air and water.
(1)
Landscape plan.
(a)
All applicants for building permits for multifamily dwelling units, uses permitted in all business districts (except the B-1 District), and uses permitted in all manufacturing districts shall submit a landscape plan for review and approval as required herein prior to the request for a building permit.
(b)
Where procedures and requirements imposed by this section of the article are either more restrictive or less restrictive than comparable procedures and requirements imposed by any other provision of this article or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or impose higher standards or requirements shall govern.
(2)
Procedure. The following procedure shall be followed for the submittal of landscape plans.
(a)
Preliminary consultation. Prior to the submittal of a landscape plan, it is recommended that the developer meet with the City Engineer, the Building Inspector, and/or other appropriate City staff to discuss zoning district, site plan, and landscaping plan requirements. Such meeting should occur prior to any extensive outlay of funds on the part of the developer since it is intended to identify potential problems and methods, to alleviate them, and to encourage a cooperative effort between the developer and the City.
(b)
Plan submittal. Fourteen copies of all landscape plans requiring approval by the Plan Commission shall be submitted to the City Engineer. Landscaping plans may be submitted separately or included in the site plan. All plans shall be drawn to an engineering scale no greater than one inch equals 100 feet plus one complete set of such plans reduced in size to 11 by 17 inches and contain the following information:
[1]
The location and dimensions of all proposed open space areas;
[2]
The location and dimensions of all proposed buildings, roads, etc;
[3]
Identification of all proposed vegetation;
[4]
Symbols, quantities, common names, and size of all plant materials, and whether plant is balled, burlapped, potted, or bare root;
[5]
Showing all species to scale of mature crown diameter or spread;
[6]
All existing vegetation to be saved; and typical sections of berms, fences, retaining walls, planter boxes, etc.
(c)
Reviews. Review of landscape plans shall be conducted concurrently and follow the same procedure as site plan review.
(d)
Appeals. Appeals of Plan Commission decisions may be made to the City Council.
(3)
Specific requirements.
(a)
Ground cover. The street front yard and the front 1/3 of the side yards abutting the building shall be sodded. All other open space areas shall, at a minimum, be seeded. The following exceptions may be granted by City staff during the review process.
[1]
The use of mulch material for shrubs and foundation plantings;
[2]
The seeding of future expansion areas delineated on the site plan;
[3]
Areas maintained in a natural state that are undisturbed during construction; or
[4]
Other landscape elements such as decks, patios, stepping stones or landscape stones may be incorporated therein.
(b)
Minimum size of plantings. Required vegetation shall be of the following minimum planting size:
[1]
Deciduous trees: 1.5 inches' diameter as measured six inches above ground.
[2]
Coniferous trees: six feet in height.
[3]
At least 20% of the required number of trees shall be hardwood deciduous trees.
[4]
Evergreen shrubs used for screening purposes, including those used in conjunction with berms, shall be a minimum of 24 inches in height.
(c)
Species.
[1]
All trees used in site development shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.
[2]
All plant material shall conform to American Standards for Nursery Stock, latest edition, sponsored by the American Association of Nurserymen, Inc. All vegetation shall be planted in accordance with accepted planting procedures.
[3]
All proposed vegetation included in the landscape plan shall be reviewed by the City of Marinette Department of Parks, Recreation and Forestry to assure compliance with the requirements contained herein.
(d)
Implementation/replacement.
[1]
All approved landscaping is to be installed in accordance with compliance timetable.
[2]
Any vegetation included on an approved landscape plan that dies shall be replaced within one planting season. Vegetation replaced shall conform to the approved landscape plan and the requirements contained herein.
(e)
Maintenance. It shall be the joint responsibility of the owner/and or lessee of the principal use, uses, or building to maintain in a neat and adequate manner all landscaping materials, vegetation, screening, and fences contained in the approved landscape and site plans.
(f)
Compliance timetable. All landscape plans shall include a timetable for construction, installation or planting within a period not to exceed two years from the date of commencement of construction. Any person who is, or has been, required to landscape any part of a zoning lot and who has not complied with that requirement shall, within 60 days of receipt of written notice from the Building Inspector that a violation of this article exists, comply with all requirements or be subject to penalties of the ordinance.
J.
District requirement. Future development within the City shall meet the following minimum requirements.
(3)
B-3 Community Business District shall contain, at a minimum:
(a)
One tree per 1,000 square feet or fraction thereof of gross floor area.
(4)
Industrial/manufacturing districts.
(a)
One tree per 10,000 square feet or fraction thereof of lot area.
(5)
Buffers. That portion of any business, manufacturing/industrial, or multifamily district that is abutting property zoned for single- or two-family residential development shall have a landscaped area at least six feet wide extending the full length of the business, industrial, or multifamily district and meeting the following minimum requirements:
(a)
One tree per 35 lineal feet, or fraction thereof, of lot line bordering single- and/or two-family districts.
(b)
A shrub, border, hedge, wall, fence, earthen berm, or other durable landscape barrier, or combination thereof, at least four feet high but not exceeding six feet high, which is 90% impervious to sight, placed along the perimeter of such landscaped strip, except in the front yard setback.