Marshfield City Zoning Code

The division of a lot, tract or parcel of land into two (2) or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the re-subdivision or re-platting of land or lots.

The dedicating, vacating, or reserving of a public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies.

The dedicating of any street or alley through any tract of land regardless of the area involved.

No person, owner, agent shall record in the office of the Recorder of Deeds, any plat or subdivision of any lands within the jurisdiction of Marshfield until such plat has been approved in conformity with the provisions herein set forth.

He/she shall outline and describe the existing conditions of the site and the proposed development to supplement the drawings and sketches required in this Section.

A general location map shall be prepared and submitted and shall show the proposed subdivision and its relationship to existing community facilities. Such location map shall show the location and name of the subdivision, existing main traffic arteries, public transportation lines, schools, parks, playgrounds, high pressure gas lines, power lines and any other significant physical features.

A sketch plan shall be prepared and submitted showing the proposed layout of streets, lots and other features in relation to existing utilities and other conditions in a form that clearly illustrates the subdivider's request.

Within five (5) days of the review of the pre-application plan the subdivider shall be informed by City staff whether such plans and the data submitted meet the objectives of these regulations. If City staff find the plans and data do not meet the objectives of these regulations, it shall express its reasons therefor.

Five (5) copies shall be submitted to the Planning Commission.

Within sixty (60) days after the submission of a plat to the Commission, the commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record. If approved, the Planning Commission shall express its approval as Conditional Approval and state the conditions of such approval, if any. If disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Planning Commission. The action of the Planning Commission shall be noted on three (3) copies of the preliminary plat with any conditions attached. One (1) copy shall be returned to the subdivider and the other two (2) retained by the Planning Commission.

The Planning Commission shall forward copies of the Preliminary Plat to the Board of Aldermen for its review.

Conditional approval of the preliminary plat shall not constitute approval of the final plat, but rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Planning Commission, and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.

Prior to the approval of the preliminary plat, the Planning Commission may require due consideration by the subdivider for dedication or reservation of suitable sites for schools, parks, playgrounds, or other public recreational areas or open spaces. Any areas so dedicated or reserved shall conform as nearly as possible to the recommendations of the Planning Commission in its Comprehensive Development Plan of the City.

The scale of the preliminary plat shall not be less than one (1) inch equals one hundred (100) feet on a sheet of sufficient size.

The preliminary plat shall contain the following information:

Existing conditions which shall be shown.

Proposed development which shall be shown.

The name of subdivision (not to duplicate or closely approximate the name of any existing subdivision).

Location by section, township, range, County and State, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable error of closure on any portion of a final plat shall be one (1) foot in five thousand (5,000).

The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments. Monuments shall be located at the corners of all blocks and shall be of a material and size specified by the City.

Location of lots, streets, public highways, alleys, parks, and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angles, points and points of curve to lot lines.

Lots shall be numbered clearly and in the center of each lot. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block.

The exact locations, widths, and names of all streets to be dedicated.

Location and width of all easements to be dedicated.

Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use.

Setback lines on front and side streets with dimensions.

Name and address of developer and (or) owner and surveyor making the plat.

Scale of plat (the scale to be shown graphically and in feet per inch), date and north point.

Statement dedicating all easements.

Statement dedicating all streets, alleys and other public areas not previously dedicated.

Certification by registered engineer or surveyor that details of the plat are correct.

Certificate of approval by Planning Commission.

Such other certificates, affidavits, endorsements or dedications as may be required by the Planning Commission in the enforcement of this Chapter.

Certificate of approval of the Board of Aldermen.

Reference to protective covenants on subdivision or property, if any.

In addition to the final plat, such cross-sections and profiles of streets and drainage, showing grades, as required by the Planning Commission or Board of Aldermen shall be submitted.

Upon filing of the final plat the subdivider shall pay a fee set per Chapter 100, Section 100.260, Fees, per lot.

Land shall be suited to the purpose for which it is to be subdivided and its proposed use shall be in accordance with the requirements of any zoning ordinance.

Proposed subdivision shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.

The arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing principal streets in surrounding area, or conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuation or conformance to existing streets impracticable.

When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.

Streets that are obviously in alignment with others already existing and named shall bear the name of the existing streets. No street name shall be used which will duplicate or be confused with the name of any existing street in the City. Street names shall be subject to the approval of the Planning Commission.

Minor streets shall be so laid out that their use by through traffic will be discouraged.

Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

All streets shall be platted in such manner that all resulting lots will conform to the applicable zoning regulations.

Streets should be laid out so as to intersect as nearly as possible at right angles and no street should intersect any other street at an angle of fifteen degrees (15°) more or less from ninety degrees (90°).

There shall be no easements controlling access to streets, except where the control of such easements is definitely placed in the City under conditions approved by the Planning Commission. The subdividing of the land shall be such as to provide each lot, by means of a public street or way with satisfactory access to an existing public highway or to a thoroughfare as shown on an official map.

Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be avoided.

When connecting street lines deflect from each other they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than two hundred (200) feet for minor and collector streets, and of such greater radii as the Planning Commission shall determine for special cases.

A tangent shall be provided between all reverse curves of a sufficient length as related to the radius so as to provide for a smooth flow of traffic.

Clear visibility, measured along the centerline of a street, shall be provided for at least two hundred (200) feet on all streets.

Vertical curves are required for changes in grade.

No street grade shall be greater than seven percent (7%) nor less than five-tenths of one percent (0.5%).

Street right-of-way and paved widths shall not be less than as follows:

Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Where ever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

Dead-end streets (cul-de-sacs), designed to be so permanently, shall not be longer than eight hundred (800) feet and shall be provided at the closed end with a turnaround of at least seventy (70) feet minimum diameter, plus a fifteen (15) foot right-of-way for utilities behind all curbs.

Except where land use shall justify same or in other unusual cases, no dead-end streets, other than cul-de-sac treatment, shall be approved unless such dead-end streets are provided to connect with future streets in adjacent land.

There shall be no private streets platted, conveyed, or dedicated in any manner in any subdivision; to qualify as a public street said street must be accepted by the Board of Aldermen and their acceptance shown in the official minutes.

The minimum right-of-way width of an alley shall be twenty (20) feet.

All alleys shall be graded to slope to the centerline.

Easements with a right-of-way width of ten (10) feet shall be provided on each side of all rear lot lines where alleys are not provided and along certain side lot lines where necessary for utilities and drainage.

Temporary construction easements four (4) feet in width shall be provided outside the permanent easements above.

Easements of greater widths may be required along or across lots where necessary for the extension of main storm and sanitary sewers and other utilities.

Utility pole anchor easements shall be provided where deemed necessary.

Whenever any stream or important surface drainage course is located in the area that is being subdivided, the subdivider shall dedicate an adequate easement as specified by the City along each side of the stream for the purpose of future widening, deepening, sloping, improving or protecting the stream, or for drainage, parkway or recreational use.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by this Title and to provide for convenient access, circulation control and safety of street traffic.

Block dimensions may be subject to adjustment by the Planning Commission where topography, character of the proposed use or similar conditions justify lesser or greater lengths or widths.

All lots shall have a full frontage on a dedicated public street.

Lot dimensions and areas shall conform to the requirements of this Title, provided further, that no lot, irrespective of potential residential use, shall be less than ten thousand (10,000) square feet, for any subdivision of land under these regulations.

All side lot lines shall be at right angles to straight street lines and radial to curved street lines where practicable.

Building lines (when applicable) or set-back lines shall be shown on the preliminary and final plats for all lots in the subdivisions and shall not be less than the building or set-back lines required by this Title.

Corner lots shall have such extra width as will permit the establishment of building lines on both streets.

House number shall be assigned to each lot by the City.

Where deemed essential by the Planning Commission, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit development or where shown in the Comprehensive Development Plan, the Planning Commission may require the dedication or reservation of such other areas or sites of a character, extent, and location suitable to the needs created by such development for schools, parks, and other neighborhood purposes.

The requiring of the dedication of public spaces as provided in the paragraph above shall not constitute an acceptance of the dedication by the City.

The improvements listed in this Section shall be installed prior to the issuance of any building permits for the subdivided area, except as hereinafter provided. In lieu of actual completion of such improvements, the subdivider may file with the Board of Aldermen a surety bond to secure the actual construction of such improvements in a manner satisfactory to the Board of Aldermen and within a period specified by the Board of Aldermen, but such period shall not exceed two (2) years. Such bond shall be accompanied by signed statements from the City Superintendent that the amount of the bond is adequate to cover the cost of the improvements. Provided however, that in lieu of actual completion of such improvements or the posting of a bond as provided for, the Planning Commission may require the subdivider to file with the Board of Aldermen a letter stating his/her intentions to complete the improvements as required herein as development takes place on his/her building sites.

The owner of the tract shall prepare and secure tentative approval of a final subdivision plat of the entire area and may install the above improvements only in a portion of such area, but the improvements must be installed in any portion of the area for which a final plat is approved for recording, or a bond actually posted, and the owner may sell or lease or offer for sale or lease lots only in the approved portion of said property, provided however, that trunk sewers and sewage treatment plants shall be designed and built to service the entire area or designed and built in such a manner that they can be easily expanded.

The subdivider shall furnish the City with plans and profiles of all streets, sanitary sewers and storm drainage in detail.

Monuments shall be placed at all block corners, angle points of curves in streets, and at intermediate points as shall be required by the City. The monuments shall be of such material, size and length as may be approved by the City.

Lot corner pins shall be provided at all corners of each lot and shall be of such material, size and length as may be approved by the City.

Major Collector Street [eighty (80) foot right-of-way].

Minor Arterial Street [seventy (70) foot right-of-way].

Local (Residential Street) [fifty (50) foot right-of-way].

Cul-de-sac [Sixty (60) foot right-of-way].

Sidewalk Construction. Minimum requirement for sidewalks shall be as follows:

Perpetual Care Of Sidewalks. All sidewalks within the corporate limits of the City of Marshfield that may hereafter be constructed per Section 425.080, Required Improvements, is hereby made perpetual, and after inspection and approval by the City, the City of Marshfield shall maintain.

Where the City water system is reasonably accessible or procurable, (such accessibility to be determined by the City), the subdivider shall connect with the City Water Department to make the water supply available for each lot within the subdivided area.

In a proposed subdivision, pending accessibility of the City water supply, the subdivider may be required to construct wells or a private water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision at the time improvements are erected thereon. The adequacy, healthfulness, and potability of the water supply shall be subject to the approval of the State Board of Health. The construction of the water supply system shall be subject to the approval of the City.

The subdivider shall also contract with the City Water Department for the installation of fire hydrants in accordance with the City requirements.

When the subdivider can show that provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the Planning Commission, a departure may be made without destroying the intent of such provisions, the Planning Commission may recommend a variance to the Board of Aldermen. Any variance thus authorized is to be stated in writing in the minutes of the Planning Commission with the reasoning on which the departure was justifiably set forth.

These variances shall never be authorized as a blanket variance for an entire subdivision.

This Section shall apply to land which is divided into parcels or lots for commercial purposes, including B-3 General Business Zoning.

No building permit or certificate of occupancy shall be issued within the City unless such use or building occupies a parcel or lot which fronts on a public street, or a private access road improved to the standards of this Section. A private access road may be utilized in lieu of frontage on a public street.

A document describing the private access road and the provisions for maintenance shall be recorded with the Webster County Recorder's office and provided to the purchaser of property. The maintenance provisions shall apportion the maintenance responsibilities among the appropriate property owners.

All private access roads shall be a maximum length of one hundred fifty (150) feet without a turn around. Turn around is to be constructed in a size to allow emergency vehicles, including fire trucks, to turn around. Fire Chief of the Marshfield Fire Protection District, or his designee, must approve the site plan for the turn around.

All private access roads shall have a right-of-way width of thirty (30) feet and a minimum driving width of twenty (20) feet with no parking signs posted on either side of the road.

Private access roads, where intersecting public streets shall have a minimum six (6) inches concrete over four (4) inches rock base apron between the street pavement and the property line.

All private access roads to be constructed per City of Marshfield street specifications for driving surface.

All private roads to have an elevation higher than the surrounding grade and be served by ditches and proper drainage or provide concrete curb and gutter.

Culverts shall be required at all drive entrances as indicated on the approved plans if ditches are utilized.

Plans for a private access road shall be submitted to the Planning and Zoning Commission for review and recommended approval to the Board of Aldermen.

The Board of Aldermen shall have final approval of private access road requirements prior to issuing any permits.

The Board of Aldermen may establish a fee to cover the cost of review and inspections pursuant to this Section. Said fee shall be paid prior to the issuance of any permits.

The Board of Adjustment shall have jurisdiction to consider appeals for variances or exceptions from this Section.

The Planning Commission shall determine its recommendations as to whether the subdivision plat shall be recommended for approval, with modification, or disapproval, and shall give written notice to the subdivider and the Board of Aldermen of its determination.

The Board of Aldermen may approve, modify, or disapprove a Final Subdivision Plat, after recommendation from the Planning Commission, and shall so notify the applicant of its decision. If approved, the Mayor shall sign the original in the appropriate Certification Block.

No plat or description of a subdivision shall be filed in the office of the County Recorder, until the same shall have been given final approval by the Board of Aldermen. This plat or description must be signed by the Mayor and attested by the City Clerk.

All final plats shall be filed and recorded within two (2) years of the date of approval by the Board of Aldermen, and no lots shall be sold from any plat until same has been recorded as herein provided. Failure to record such approved plat within two (2) years of the approval shall void all approvals thereto.

Sale of land in unapproved plat. No owner, or agent of the owner, of any land located within the platting jurisdiction of this municipality, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen and recorded in the office of the County Recorder. Any person violating the provisions of this Section shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. A municipality may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.

Any persons violating the provisions of this Title shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by confinement in the County Jail for not more than one (1) year, or by both such fine and confinement.