Marinette City Zoning Code
ARTICLE IX
R-2 One- and Two-Family Residential District
§ 465-41 Purpose.
The R-2 One- and Two-Family Residential District is intended to provide for moderate density single-family and two-family residential development served by municipal sewer and water facilities. This district is intended to provide a quiet and pleasant area protected from traffic hazards and the intrusion of incompatible land uses.
§ 465-42 Use.
In a One- and Two-Family Residential District no building or premises shall be used and no building shall be erected or structurally altered after the adoption of this chapter, except for one or more of the listed permitted principal uses, permitted accessory uses, or conditional uses.
§ 465-43 Compatibility with existing structures.
Facades of new structures, additions to structures and conversion of existing structures constructed after the adoption of this chapter shall maintain a compatible relationship with the prevailing appearance of surrounding structures and meet the structural requirements of § 465-27 of this chapter. "Surrounding structures" shall be defined as all principal and accessory structures located on the same side of the street as the subject property to the next intersecting streets and all principal and accessory structures located across the street from the subject property to the next intersecting streets. Corner lots shall take into account both streets for compatibility.
§ 465-44 Permitted principal uses.
§ 465-45 Permitted accessory uses.
A.
Only two accessory buildings (to include sheds, garages, gazebos or any other roofed-type structure), not to exceed 900 square feet total between them, are allowed on a single lot/parcel. The accessory buildings together with the main building shall not cover more than 40% of the lot area or buildable area regardless of the 900-square-foot limitation. On lots that are larger than one acre (43,560 square feet), one additional accessory structure up to 900 square feet may be allowed, with Plan Commission approval.
B.
Not over two boarders or lodgers not members of the family.
C.
Professional offices as defined in this chapter.
E.
Home occupations, as defined in this chapter, not involving the conduct of a business on the premises.
F.
Uses customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business.
§ 465-46 Conditional uses.
A.
Community living arrangements with a capacity of nine to 15 persons, as provided in § 62.23(7)(i), Wis. Stats.
B.
Mortuaries and funeral homes.
C.
Two-family dwellings on substandard lots.
D.
Churches, public and parochial schools, colleges and universities, including dormitories, public libraries, public museums, art galleries, and municipal parking lots.
E.
Municipal buildings, except sewage disposal plants, garbage incinerators, public warehouses, public garages, public shops, and storage yards and penal or correctional institutions and asylums. Public recreational and community center buildings and grounds.
F.
Telephone offices, exchanges and lines and static transformer stations, provided there is no service garage or storage yard.
G.
Bed-and-breakfast establishments - residential.
H.
Family day-care home for nine or more children.
I.
Home occupations, subject to the following:
[Added 9-5-2023 by Ord. No. 2512]
(1)
The home occupation shall be conducted only by residents of the dwelling unit and shall be conducted entirely within the dwelling unit.
(2)
Only members of the immediate family residing on the premises may be employed and one nonfamily member not living on the premises.
(3)
There shall be no outdoor storage or display of equipment, materials, or articles offered for sale.
(4)
There shall be no articles offered for sale on the premises except such as is directly produced by the home occupation.
(5)
There shall be no mechanical equipment used other than such as is permissible for purely domestic purposes.
(6)
There shall be no signage associated with the home occupation, except for one sign not to exceed two square feet and not illuminated.
(7)
Only vehicles of a type ordinarily used for conventional passenger transportation, i.e., passenger automobile or vans and pickup trucks not exceeding a payload capacity of one ton, shall be used in conjunction with a home occupation, except that not more than one commercial vehicle may be authorized by the City Plan Commission as part of the conditional use permit. The use of any public right-of-way for the parking or storage of any commercial vehicles or trailer associated with a home occupation is prohibited.
(8)
A home occupation, which meets the criteria listed in § 465-46I(1) through (6) above and which, in addition, contains no signage, has no retail sales, and has no stock-in-trade kept or sold, and in which the clients do not generally visit the premises, shall be permitted and shall not require a conditional use permit.
§ 465-47 Building height.
Principal structures shall not exceed 35 feet nor 2 1/2 stories in height.
A.
Residences 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.
B.
Accessory structures shall not be more than 15 feet and six inches high.
§ 465-48 Yard requirements.
A.
Front yard setback. Unless otherwise provided, there shall be a setback line of not less than 25 feet, provided that:
(1)
Where 40% or more of the frontage is occupied with buildings having an average setback line of more, or less, than 25 feet, the setback line in any vacant interior lot in such frontage shall be established at the point of intersection of its center line, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.
(2)
On corner lots less than 70 feet wide and of record on January 4, 1955, where reversed frontage exists, the setback on the side street shall be not less than 50% of the setback required on the lot in the rear, and no accessory building shall project beyond the setback line of the lots in the rear; provided, further, that in no case shall the "buildable" width of such corner lot be reduced to less than 24 feet.
(3)
A residential porch may be constructed closer to the front lot line than the minimum required setback if the porch does not exceed the predominant existing front porch setbacks in the block in which it is located.
B.
Side yard. There shall be a side yard on each side of a building.
(1)
For buildings not over 1 1/2 stories high, the sum of the widths of the required side yards shall be not less than 15 feet, and no single side yard shall be less than six feet in width.
(2)
For buildings from 1 1/2 to 2 1/2 stories high, the sum of the widths of the required side yards shall be no less than 25 feet, and no single side yard shall be less than 10 feet in width.
D.
Lot area. Every building erected or structurally altered after January 4, 1955, shall provide a lot area of not less than 7,200 square feet per family. In the R-2 Residential District a two-family dwelling may be permitted as a conditional use on a lot that was of record as of January 4, 1955, and that has an area less than 14,400 square feet. However, such lot must have a minimum size of 7,200 square feet and must meet the setback and yard requirements for the R-2 District.
E.
Lot width. No such lot shall be less than 60 feet in width.
F.
Minimum building area. The minimum floor area per family shall be 600 square feet.
G.
Maximum lot coverage. The maximum lot coverage shall be 40%.
§ 465-49 Yard requirements for accessory uses.
B.
Accessory structure use. Accessory structures in residential districts shall not involve the conduct of any business, trade, or industry.
C.
Lot coverage. Accessory structures which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard.
D.
Minimum building area. Accessory structures shall not exceed 900 square feet in area unless the lot is larger than one acre (refer to § 465-45A).
E.
Accessory structure side yard setback. Accessory structures shall not be nearer than four feet to any lot line.
§ 465-50 Additional development standards.
A.
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.
B.
Maximum coverage of lot with accessory buildings or structures. Accessory buildings or structures, other than swimming pools, shall not cover any portion of lot in excess of the area outlined in this chapter.
C.
Primary entrance. The primary entrance of new principal buildings constructed after adoption of this chapter shall be located along a street-facing facade and shall be emphasized by a covered porch or stoop having a minimum area of 25 square feet with a minimum depth of six feet. The roof over a required porch or stoop shall be no more than 12 feet above the floor of the porch and be at least 30% solid. Porches or stoops shall be defined by columns, railings, balustrades, trellises and/or decorative posts to define the perimeter.
D.
Windows.
(1)
Minimum opening requirement. All facades of new principal buildings and additions constructed after adoption of this chapter, including attached garages where permitted, shall have at least one window or other opening on each story, with a minimum area of nine square feet. Notwithstanding the above, street-facing facades of new principal buildings shall require a minimum of 15% of the total wall area to be comprised of windows or other openings.
(2)
Exceptions.
(a)
Windows located in garage doors on attached garages shall not be calculated toward the minimum 15% requirement of street-facing facades that contain the primary entrance.
(b)
A window shall not be required on an upper story where a lower roofline creates an upper-story wall area that does not have a minimum of eight feet in height, measured from the slope of the lower roof to the ceiling height of the upper story, by six feet in width at any point along the upper-story wall area impacted by the lower roof.
§ 465-51 Principal building height.
The height of new principal buildings shall not vary by more than one story compared to the height of surrounding principal structures.
§ 465-52 Garages.
Attached garages shall only be permitted when attached garages represent the prevailing style of surrounding garages. Where permitted, attached garages shall not be permitted to have any wall closer to the front lot line than the living area of the principal building and shall not comprise more than 50% of the total length of the front facade of new principal buildings as measured along the ground floor. The front facade shall be further defined as the enclosed portion of the principal building which contains the primary entrance. Notwithstanding the above, an attached garage is permitted where the garage door is oriented to an alley.
§ 465-53 Additional elements of compatibility.
In addition to the above, three of the following five compatibility elements must also be satisfied:
A.
Orientation of principal structure. The principal structure shall be oriented on the lot the same way as surrounding principal structures (e.g., longest wall perpendicular or parallel to the front lot line).
B.
Visual size. The gross area of the front facade of a principal structure shall be no greater than 125% of the average gross area of the front facades of the adjacent principal structures on the same side of the street.
C.
Raised porches. A raised porch (porch raised above grade) shall be required where raised porches represent the prevailing style of surrounding principal structures.
D.
Building materials. Building materials shall match the prevailing building materials used on surrounding principal structures.
E.
Roof slope and orientation. The orientation of the roof and roof slope shall be compatible with the slope and orientation of roofs on surrounding principal structures.