Marion City Zoning Code
ARTICLE I
General Provisions
§ 625-1 Authority and purpose.
In accordance with the authority granted by § 62.23, Wis. Stats., and for the purposes listed in said section, the Common Council of the City of Marion, Wisconsin, adopts this Comprehensive Zoning Ordinance effective as of December 11, 2000. The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity, and general welfare of the City of Marion.
§ 625-2 Intent.
It is the general intent of this chapter to regulate and restrict the use and development of all structures, lands, and waters; to regulate and restrict lot coverage, population distribution and density, tree cutting, dredging and lagooning in shoreland areas and the size and location of all structures, so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic, and other dangers; provide adequate light and air; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; prevent water pollution; protect spawning grounds, fish and aquatic life and otherwise further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the City; and implement the City's Comprehensive Plan and plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.
§ 625-3 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants or agreements between parties or with any rules, regulations, or permits previously adopted or issued pursuant to law; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.
§ 625-4 Interpretation.
The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
§ 625-5 Title.
This chapter shall be known as, referred to, or cited as the "Zoning Ordinance, City of Marion, Wisconsin."
§ 625-6 Zoning districts.
[Amended 6-10-3013 by Ord. No. 2013-002]
Zoning districts are provided as follows:
R-1 | New Single-Family Residential District |
R-2 | Existing Single-Family Mixed Residential District |
R-3 | Two-Family Residential District |
R-4 | Multiple-Family Residential District |
R-5 | Zero Lot Line Single-Family Residential District |
B-1 | Downtown Business District |
B-2 | Highway Business District |
M | Manufacturing District |
C | Conservancy District |
A | Agricultural District |
PUD | Planned Unit Development District |
§ 625-7 Zoning Map.
A.
The revised Official Zoning Map is an integral part of this chapter. A copy of this map titled "Zoning Map, Marion, Wisconsin," together with a copy of this chapter, shall be available in the City Clerk-Treasurer's office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the map.
B.
The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.
C.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lot lines, and where the designations on the map are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of the district.
D.
In unsubdivided property, the district boundary shown on the map shall be determined by township or range line, 1/4 sections and divisions thereof, property lines, by scale, or by dimensions shown on said map.
§ 625-8 General regulations.
Except as otherwise provided the following shall apply:
A.
Nonconforming uses and structures.[1]
(1)
Existing nonconforming uses. The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; however, only the portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
(a)
Total lifetime structural repairs or alterations shall not exceed 50% of the municipality's current assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
(b)
Substitutions of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
(c)
Abolishment or replacement. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter. When a nonconforming use is damaged by fire, explosion, flood, public enemy, or other calamity to the extent of more than 50% of its current value, it shall not be restored except so as to comply with the use provisions of this chapter.
(2)
Existing nonconforming structures.
(a)
A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform to the lot width, lot area, yard, height, setback, parking and loading, and access provisions of this chapter.
(b)
Additions and enlargements to existing nonconforming structures are permitted and shall conform to the required building setback lines along streets and highways and the yard, height, parking, loading, and access provisions of this chapter. The provisions of this subsection with respect to additions or enlargements are applicable only if the lot or parcel conforms to the existing Sanitary Code requirements or is serviced by a public sanitary sewer.
(c)
Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or other calamity may be reconstructed and insofar as is practicable shall conform to the required building setback lines along streets and highways and the yard, height, parking, loading, and access provisions of this chapter. The provisions of this subsection with respect to reconstruction are applicable only if the lot or parcel conforms to the existing Sanitary Code requirements or is serviced by public sanitary sewer. Pursuant to § 62.23(7)(hc), Wis. Stats., a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the restored structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
(d)
Existing nonconforming structures may be moved and insofar as is practicable shall conform to the required building setback lines along streets or highways and the yard, height, parking, loading, and access provisions of this chapter. The provisions of this subsection with respect to moving are applicable only if the lot or parcel conforms to the existing Sanitary Code requirements or is serviced by public sanitary sewer.
(3)
Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Zoning Board of Appeals.
B.
Amendments.
(1)
Authority. Pursuant to the provisions of § 62.23(7), Wis. Stats., the Common Council may, after notice and public hearing as hereinafter provided, amend the regulations of this chapter or change the district boundaries.[2]
(2)
Initiation of petition. A proposal to amend the text or change the district mapping of this chapter may be initiated by the Common Council on its own motion or by petition of one or more property owners.
(3)
Petitions. Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the City Clerk-Treasurer, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition, and shall include the following:
(a)
A plot plan drawn to scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 100 feet of the area proposed to be rezoned.
(b)
Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.
(c)
Additional information required by the Common Council.
(4)
Official public hearing. The City shall hold a public hearing on such petition, after giving a Class 2 notice under Ch. 985, Wis. Stats., of the proposed amendment, giving an opportunity to any person interested to be heard.
(5)
Action. As soon as possible after such public hearing the Common Council shall act to approve, modify and approve, or disapprove the proposed amendment.
(6)
Protest. In case of a protest against such change duly signed and acknowledged either by the owners of 20% or more of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such land, such amendment, supplement or change shall not become effective except by the favorable vote of 3/4 of the members of the Common Council.
C.
Annexation. All territory annexed to the City shall become part of the R-1 District.
D.
Compliance.
(1)
No lot shall be occupied by more than one permitted principal building, but in the case of public, institutional, industrial, or commercial buildings, a group of principal buildings under the same ownership may be considered as occupying the same lot if in the opinion of the Common Council such buildings and uses are compatible.
(2)
No building or structure shall be erected, reconstructed, structurally altered, enlarged, or moved nor shall any building, structure, or land be designed or designated for any use other than the uses permitted in the district in which such building, structure or land is located.
(3)
The provisions of this chapter shall not prohibit the erection of a single-family dwelling and customary accessory uses in any district in which single-family dwellings are so permitted on a lot which is smaller than required, provided that such lot is separately recorded by deed in the office of the Register of Deeds prior to December 11, 2000, and provided further that the owner of any such lot did not own sufficient adjoining land at the effective date of the adoption of this chapter to conform therewith. All structures erected on such lot must be designed and erected in conformance with the provisions of this chapter.
E.
Reduction or joint use.
(1)
No lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements when reduced, the Zoning Board of Appeals may grant a variance.
(2)
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
F.
Exemption from height regulations. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, hospitals, smokestacks, storage tanks, water towers, ornamental towers, masts or aerials and necessary mechanical appurtenances are exempted from the height regulations of this chapter but are subject to other regulations or ordinances of the City of Marion.
G.
Yards. Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the projection of sills, cornices, and ornamental features which shall not exceed 24 inches, except that in commercial areas a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard. Fire escapes may project into a yard area not more than five feet.
H.
Vision clearance triangle. In each quadrant of every street intersection there shall be designated a vision clearance triangle bounded by the inner street lines and a line connecting them 20 feet from their intersection. Within the triangle no object shall be allowed above a height of 2 1/2 feet above the street if it obstructs the view across the triangle.
I.
Overnight parking or storage. In required yards, streets or other areas in all residential districts, the overnight parking or storage of machinery, buses carrying greater than 16 passengers, unlicensed or junked automobiles, or vehicles used for garbage collection or hauling livestock is prohibited.
J.
Accessory buildings. The construction of an accessory building shall not precede the construction of a principal building in all residential districts.
K.
Swimming pools.
(2)
Location.
(a)
Swimming pools constructed in the R-1, R-2, R-3, R-4 and R-5 Districts shall be located on the same lot as and in either the rear or the side yard of a principal building; however, they shall not be constructed in the front yard or in a required corner side yard in such districts. Swimming pools, either open or closed, shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.
(b)
Swimming pools constructed in the B-1 or B-2 Business District shall not occupy any portion of a required front, side, or rear yard; however, they may be located in yard areas other than such required yards.
(3)
Clearance from property lines and buildings. Swimming pools (including decking) shall not be located nearer than six feet to any property line or building.
(4)
Protection. So as to prevent unauthorized access, swimming pools shall be protected by means of a fence, wall or other permanent barrier so designed, constructed, and maintained as to completely surround the swimming pool, extending to a height of not less than four feet above the actual grade. Such barrier shall prevent the passage of an object with a diameter larger than nine inches. All gates provided in such barrier shall be equipped with hardware designed to automatically close and latch said gate.
L.
Fences and hedges.
(1)
Fences and hedges may be placed, erected or grown upon a property line in the rear or side yard and shall not exceed 72 inches in height, except in the Manufacturing District (M District). In the M District, a fence may not exceed 15 feet in height. Fences or shrubs may be placed, erected or grown in the front yard building setback area and shall not exceed a height of four feet. A fence may encroach upon a vision triangle, provided that it does not exceed four feet, is ninety-percent see-through and does not obstruct the vision of either pedestrians or motorists. The finished side of all fences shall face the abutting property. No fence shall be less that 30 inches in height, except that ornamental or garden fences not erected on or near property borders shall be permitted.[4]
(2)
Conditions and materials. Fences shall be constructed of naturally resistant or treated wood, or wire, metal or stone, or shrubbery, or of a synthetic human-made material designed for the purpose of fencing, or other material as approved by the Zoning Administrator, or a combination thereof. In the event of an issue or dispute as to the suitability of a particular material for fencing purposes, the Zoning Administrator shall determine whether such material falls within the permitted materials to be utilized for fencing under this subsection. In the event that such determination is made that the materials are not suitable for such purpose, the use of such materials shall not be permitted in a given situation. Wire fences shall be of galvanized and/or vinyl-coated chain-link materials in a mesh or woven design. No single-strand wire fences are permitted. No barbed wire shall be used in fence construction, except in the Agricultural District. All fences shall be kept in good repair and condition.
M.
Junk and salvage yards.
(1)
License required. No person shall use any building or premises for the buying, selling, gathering, delivery, shipping, storing or salvaging of old iron, bottles, paper, rags, farm machinery, vehicles or other materials commonly included in the term "junk" without obtaining a license for the operation of a junk and salvage yard. Outside storage of one or more unlicensed vehicles on the same premises shall be prima facie evidence of the operation of a junk or salvage yard.
(2)
Application. Application for a license hereunder shall be made in writing to the Zoning Administrator stating:
(a)
The location and description of the premises to be licensed.
(b)
The nature of the business to be conducted on the premises.
(c)
The type of construction of any building to be used in connection with the business.
(d)
The applicant's name and address and, if a partnership or corporation, the names and addresses of all officers thereof.
(3)
Fee; term. The fee for a license issued hereunder shall be set by the Common Council. Licenses shall expire 12 months after issuance but may be renewed by the governing body if it is satisfied that the license and the premises comply with this subsection.[5]
(4)
Hearing. The Zoning Administrator shall refer an application for a license hereunder to the Common Council, which shall conduct a hearing of such application within a reasonable time, notice of which shall be given by publication and by posting at least once during the 10 days preceding the hearing. If the Common Council is satisfied from the evidence produced at the hearing that the applicant is able to conduct the business and the premises is suitable therefor, the Common Council shall authorize issuance of the license.
(5)
Location. No junk or salvage yard shall be located within 500 feet of any residence, other than the residence of the owner of the premises, or any residential or business district or 150 feet of a lake, river or stream. No junk or salvage operations shall be carried on within 25 feet of any street right-of-way.[6]
N.
Corner lots. The side yard next to the street of a corner lot shall conform to the front yard requirements of the district in which said corner lot is located.
O.
Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
P.
Dwelling design and construction. Dwellings as defined and permitted by this chapter shall conform to the following. A dwelling shall:
(1)
Be attached to a permanent foundation meeting the requirements of applicable Building Code provisions in such manner as to comply with standards for vertical loading and uplift and lateral forces and so designed and constructed that the floor elevation is reasonably compatible with other dwellings in the area.
(2)
Have a first story minimum area of 800 square feet and be not less than 20 feet in its smallest horizontal dimension, exclusive of attached garage, carport or open deck.
(3)
Have any wheels, axles, hitches, tow bars and other equipment for transporting on streets or highways removed when the structure is placed on the foundation.
(4)
Have a double-pitched roof having a minimum of three inches of vertical rise per foot of horizontal run.
(5)
Have roof overhang of one foot minimum measured from the vertical sides of the structure.
(6)
Have roofing material of a type customarily found on conventionally constructed dwellings, including wood shakes or shingles, asphalt composition shingles, or fiberglass composition shingles, but not corrugated metal or corrugated fiberglass.
(7)
Have exterior siding of a type customarily found on conventionally constructed dwellings, including wood clapboards, simulated clapboards such as vinyl, metal or masonite-type siding, wood shakes, wood shingles, brick, stone or other masonry-type siding and wood shakes, wood shingles, brick, stone or other masonry-type veneer materials, but not smooth, ribbed or corrugated metal or plastic panels except when part of solar collector systems.
(8)
Have a one-car garage with paved driveway.