Marinette City Zoning Code
ARTICLE XXXIV
Zoning Text and Map Amendments
§ 465-305 Authority.
Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Common Council may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Marinette Plan Commission.
§ 465-306 Initiation.
A change or amendment may be initiated by the Common Council, Marinette Plan Commission or by a petition of one or more of the owners or lessees of property within the area affected by the change.
§ 465-307 Petition.
Petition for any change to the district boundaries or amendments to the regulation shall be filed with the City Clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
A.
Petitioner's name, address, phone number, and interest in property (owner, broker, etc.).
B.
Existing and proposed zoning district.
C.
Proposed use (a statement of the type, extent, area, etc., of any development project).
D.
The names and addresses of owners of all properties located within 200 feet of the area proposed to be rezoned.
E.
Compatibility with adjacent lands (a statement of land uses and impact of zoning change).
F.
Legal description of property to be rezoned.
G.
Plot plan or survey plat drawn to scale of one inch equals 100 feet, showing the area proposed to be rezoned, its location, its dimension, the location and classification of adjacent zoning districts, and the location and existing uses and buildings of all properties within 200 feet of the area proposed to be rezoned.
H.
Additional information as may be requested by the Marinette Plan Commission.
§ 465-308 Review and recommendation.
The Plan Commission shall review all proposed changes and amendments within the corporate limits of the City and shall recommend to the Common Council in writing that the petition be granted as requested, modified or denied. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Marinette Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
A.
Existing uses of property within the general area of the property in question.
B.
Zoning classification of property within the general area of the property in question.
C.
Suitability of the property in question to the uses permitted under the existing zoning classification.
D.
Trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.
E.
The Plan Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant.
F.
The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant.
G.
Conformance with the Comprehensive Plan.
§ 465-309 Hearings.
The Common Council shall, after publishing a Class 2 notice under Ch. 985, Wis. Stats., hold a public hearing upon each proposed amendment. The notice shall list the time, place, and the changes or amendments proposed. The City Clerk shall also give at least 10 days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment. If the proposed amendment had been initiated by petition, then at least 10 days' prior written notice of the public hearing shall also be sent to all property owners within 200 feet of the areas of land included within the proposed amendment. In addition, when a proposed amendment is initiated by petition, all such affected neighboring property owners shall be mailed a copy of the agenda without attachments for the Plan Commission meeting at which a recommendation on such proposed amendment is to be acted upon.
§ 465-310 Board's action.
Following such public hearing and after careful consideration of the Marinette Plan Commission's written report and recommendations, the Common Council shall act on the petition, either approving, modifying and approving, or disapproving of the same.
§ 465-311 Fee.
A petition for a change or amendment shall be accompanied by a fee as established from time to time by the Common Council.
§ 465-312 Enforcement and penalties.
A.
The Building Inspector, with the aid of the Police Department, shall enforce the provisions of this chapter.
B.
No structure shall be located, erected, moved, reconstructed, extended, enlarged or structurally altered until a building permit therefor shall have been applied for and issued.
C.
All applications for a building permit shall include the following where applicable: plans in duplicate, drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building, the line within which the building shall be erected, altered or moved, the existing and/or intended use of each building or part of a building, the number of families the building is intended to accommodate and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter. All dimensions shown relating to the location and size of the lot shall be based upon an actual survey. The lot and the location of the building thereof shall be staked out on the ground before construction is started.
§ 465-313 Certificate of occupancy.
A.
No vacant land shall be occupied or used, and no structure, building or premises erected, altered or moved or changed in use shall be occupied, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such permit shall be issued only when the building or premises and the proposed use thereof conform with all the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
Under such rules and regulations as may be established by the Common Council, the Building Inspector may issue a temporary certificate of occupancy for part of a building.
§ 465-314 Violations and penalties.
Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall, upon conviction, be punishable as set forth in Chapter 1, General Provisions, Article II, General Penalty, of this Code.
§ 465-315 Fee schedule.
All fees shall be determined by a separate resolution of the Common Council from time to time as deemed appropriate, except where specifically listed in this chapter.
