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Marshfield Wood County
City Zoning Code

ARTICLE III

Land Use Regulations

§ 18-50 Purpose.

[Ord. No. 1240, 11-13-2012]
The purpose of this Article is to indicate which land uses may locate in each zoning district and under what requirements; and which land uses may not locate therein. Certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use. A further distinction is made for land uses which may locate in a given district only upon obtaining a conditional use or temporary use permit.

§ 18-51 Regulation of allowable uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1281, 7-8-2014]
The allowable land uses for each zoning district are established in Article II of this Chapter. Detailed descriptions and regulations for uses are found in Sections 18-55 through 18-66. Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this Chapter or unless an appropriate variance has been granted pursuant to Section 18-165. For land uses not specifically listed, the Zoning Administrator shall make an interpretation to determine if an amendment to this Chapter is necessary.
(1) 
Principal land uses permitted by right. Principal land uses listed as permitted by right (designated by the letter “P” in Section 18-54) are permitted per the general land use requirements of this Article; per the density, intensity, and bulk regulations of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this Chapter; and per any and all other applicable City, county, state, and federal regulations. In some instances, permitted uses may be considered accessory uses as determined by the Zoning Administrator.
(2) 
Principal land uses permitted as conditional uses. Principal land uses allowed only with a conditional use permit (designated by the letter “C” in Section 18-54) may be permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (1), above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in Section 18-161. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. Except for uses approved under a general development plan and specific implementation plan in a planned development (see Section 18-167), all uses requiring a conditional use permit shall comply with the procedural requirements of Section 18-161.
(3) 
Accessory land uses. Accessory land uses are allowed subject to all the requirements and exemptions applicable to principal land uses permitted by right as listed in Subsection (1), above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exemptions applicable to principal land uses requiring a conditional use permit as listed in Subsection (2), above. Accessory land uses shall also comply with the regulations listed in Section 18-65. No accessory use shall be established on any lot prior to the establishment of an allowable principal use, unless otherwise stated in this Chapter. City parks are exempt from this requirement. With the exception of an in-home suite or Accessory Dwelling Units, in no instance shall an accessory building, cellar, basement, tent, or recreational trailer to be used as a residence.
(4) 
Temporary land uses. Temporary land uses permitted by right (designated by the letter “P” in the Table of Land Uses in Section 18-54) are permitted on a temporary basis subject to permitting requirements of Section 18-162. Temporary land uses permitted only with a conditional use permit (designated by the letter “C” in the Table of Land Uses) may be permitted subject to temporary use and conditional use permitting requirements of Sections 18-162 and 18-161.

§ 18-52 Regulations applicable to all land uses.

[Ord. No. 1240, 11-13-2012]
All uses of land initiated within the jurisdiction of this Chapter on, or following, the effective date of this Chapter shall comply with all of the provisions of this Chapter.
(1) 
Land use regulations and requirements. All uses of land shall comply with all the regulations and requirements of this Chapter. Such regulations directly relate to the protection of the health, safety, and general welfare of the residents of the City of Marshfield.
(2) 
Density, intensity, and bulk regulations and requirements. All development and use of land shall comply with all the applicable requirements of Articles II and IV of this Chapter.
(3) 
Overlay zoning district requirements. All land use and/or development of land shall comply with all the regulations and requirements any applicable Overlay Zoning District (see Article VI).
(4) 
Performance standards. All development of land shall comply with all applicable requirements established in Article VII.
(5) 
Landscape regulations. All new development of land shall comply with all the regulations and requirements of Article VIII pertaining to the provision of landscaping and bufferyards. Such requirements address issues such as minimum required landscaping of developed land and minimum required provision of bufferyards between abutting zoning districts; which are directly related to the effective bulk of a structure.
(6) 
Signage regulations. Except within the Campus Development District, all land use and/or development of land shall comply with all requirements of Chapter 24 Sign Code, pertaining to the type and amount of signage permitted on property. Such requirements address issues such as the maximum area of permitted signage and the number and types of permitted signage.
(7) 
Number of buildings per lot. Only one principal building shall be permitted on any one lot, with the following exceptions:
(a) 
Development in the Campus Development District (per Section 18-42 and 18-166).
(b) 
Group and Large Developments (per Section 18-114).
(c) 
Planned Developments (per Sections 18-43 and 18-167).
(d) 
Industrial Land Uses (see Section 18-59).
(e) 
Storage Land Uses (see Section 18-60).
(f) 
Temporary buildings.
(g) 
Mobile home parks.
(h) 
Buildings in public parks.
(8) 
Accessory uses and structures. Accessory uses and structures may be allowed where they comply with the requirements of Section 18-65.
(9) 
Group and large development requirements. A Group or Large Development may include any of the land uses in this Chapter. All uses and/or development of land within a Group or Large Development shall comply with all requirements of Section 18-114.
(10) 
Planned development requirements. All uses and/or development of land within a planned development shall comply with all requirements of Sections 18-43 and 18-167.
(11) 
Nonconforming lots, uses, structures, and site requirements. Land uses not in conformance with the requirements of the applicable zoning district shall be subject to the special limitations and exceptions as established in Article V. Land uses located on substandard lots or on nonconforming lots or in nonconforming structures shall comply with all the regulations and requirements of Article V. Substandard lots are buildable, provided the structures meet all other requirements of this Chapter.
(12) 
Outlots. Outlots approved prior to January 1, 2013, the effective date of this Chapter, that do not have access to a public right of way are not intended for development.
(13) 
Site plan review required. All uses are subject to site plan review and approval in accordance with Section 18-164.
(14) 
Filling. Filling shall be in accordance with the following:
(a) 
Filling of low areas on lots or sites in the City of Marshfield involving amounts of fill in excess of 100 cubic yards shall require a land use permit issued by the administrator.
(b) 
Applicants for approval to fill must submit plans indicating the amount of fill proposed, type of fill, and the location of the fill.
(c) 
Upon inspection of the site, the administrator may request the City engineer to review the proposed fill and submit a written comment on the proposal.
(d) 
If the City engineer determines that the proposed fill would cause flooding or drainage problems on abutting properties, the administrator may reject, condition, or impose limitations on the proposed filling.
(15) 
Procedural regulations and requirements. All land use and/or development of land shall comply with all requirements of Article X pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements.

§ 18-53 Detailed land use descriptions and regulations.

[Ord. No. 1240, 11-13-2012]
The land use categories employed by this Chapter are defined in Section 18-55 through Section 18-66. Land use categories which are not listed in this Chapter are not necessarily excluded from locating within any given zoning district. Section 18-169 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this Chapter.

§ 18-54 Table of land uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1245, 3-12-2013; Ord. No. 1276, 4-22-2014; Ord. No. 1311, 8-11-2015; Ord. No. 1316, 9-18-2015; Ord. No. 1323, 12-8-2015; Ord. No. 1329, 3-8-2016; Ord. No. 1355, 8-22-2017; Ord. No. 1380, 6-26-2018; Ord. No. 1433, 5-12-2020]
The Table of Land Uses on the following pages is provided as a convenience for the Zoning Administrator and the general public. Where there are conflicts between the text of this Chapter and any the Table of Land Uses, the text shall prevail.[1]
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.

§ 18-55 Residential land uses.

[Ord. No. 1240, 11-13-2012; amended Ord. No. 1252, 7-9-2013; Ord. No. 1499, 8-8-2023; 11-11-2025 by Ord. No. 1537; 11-11-2025 by Ord. No. 1538]
(1) 
Single Family: A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single family residence which is located on an individual lot. Regulations:
(a) 
The dwelling unit must be a site built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC), a modular home as permitted by Chapter 15 of the City of Marshfield Municipal Code, or a manufactured home that has received a Federal Manufactured Housing Certificate label.
(b) 
The dwelling must be attached to a finished, permanent foundation, such as a poured concrete slab or basement meeting UDC requirements.
(c) 
Minimum required parking: Two spaces.
(d) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Single Family land uses. Specific requirements for Single Family uses can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage)
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Building Footprints.tiff
(2) 
Two Flat: This dwelling unit type consists of a single structure with two separate residences each having a private individual access and no shared internal access other than a common hallway. Two Flats are attached units within a two story structure with one unit above the other, possibly with a shared front porch. Regulations:
(a) 
This dwelling unit type may not be split into additional residences.
(b) 
Minimum required parking: two spaces per dwelling unit.
(c) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Two Flat land uses. Specific requirements for Two Flats can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage):
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Building Footprints.tiff
(3) 
Twin-House: This dwelling unit type consists of two separate residences, each having a private individual access and no shared internal access. Similar to Duplexes, Twin-Houses are attached side-by-side units, each with a ground floor and roof. Unlike Duplexes, Twin-Houses are located on separate lots. Regulations:
(a) 
Individual sanitary sewer and public water laterals and utility meters are required for each lot.
(b) 
This dwelling unit type may not be split into additional residences.
(c) 
A Twin-House is permitted a zero foot setback along the common wall and lot line.
(d) 
Minimum required parking: two spaces per dwelling unit.
(e) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Twin-House land uses. Specific requirements for Twin-Houses can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage):
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Multifamily Building Footprints.tiff
(4) 
Duplex: This dwelling unit type consists of two separate residences, each having a private individual access, and no shared internal access. Duplexes are attached side-by-side units located on one lot, each with a ground floor and roof. Regulations:
(a) 
This dwelling unit type may not be split into additional residences.
(b) 
A Duplex is permitted a zero foot setback along the common wall.
(c) 
Minimum required parking: two spaces per dwelling unit.
(d) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Duplex land uses. Specific requirements for Duplexes can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage):
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Multifamily Building Footprints.tiff
(5) 
Townhouse: A Townhouse consists of attached, two story residences, each having a private, individual access. This dwelling unit type may be located on its own lot or within a group development. Each dwelling unit shares at least one common wall with an abutting dwelling unit.
(a) 
No more than eight and no less than three Townhouse dwelling units may be attached per building.
(b) 
For townhouse buildings with individual lots per dwelling unit, all lots combined must meet the minimum lot width, minimum lot area, and maximum building coverage of lot standards as required in the underlying zoning district.
(c) 
This dwelling unit type may not be split into additional residences.
(d) 
A Townhouse is permitted a zero foot setback along the common wall and/or lot line.
(e) 
Minimum required parking: two spaces per dwelling unit.
(f) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Townhouse land uses. Specific requirements for Townhouses can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage):
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Townhouse Building Footprint.tif
(6) 
Multiplex: This dwelling unit type consists of three or more individual attached dwelling units which have private, individual exterior entrances. Regulations:
(a) 
As part of the conditional use requirement for group developments, any development comprised of one or more Multiplex buildings which contain five or more dwelling units shall provide additional site design features such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities.
(b) 
This dwelling unit type may not be split into additional residences.
(c) 
Minimum required parking: One space per dwelling unit.
(d) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Multiplex land uses. Specific requirements for Multiplexes can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage):
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Apartment Building Footprint.tif
(7) 
Apartment: This dwelling unit type consists of a single structure with three or more individual attached dwelling units which take access from a shared entrance or hallway. Regulations:
(a) 
As part of the conditional use requirement for group developments, any development comprised of one or more Apartment buildings which contain five or more dwelling units shall provide additional site design features such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities.
(b) 
This dwelling unit type may not be split into additional residences.
(c) 
Minimum required parking: One space per dwelling unit.
(d) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Apartment land uses. Specific requirements for Apartments can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage):
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Manufactured Home Building Footprint.tif
(8) 
Mobile Home and Manufactured Homes: A Mobile Home dwelling unit type consisting of a fully detached, single family residence, which has not received a Federal Manufactured Housing Certificate and was manufactured prior to June 15, 1976. A Manufactured Home is a one- or two family home certified and labeled as a manufactured home under 42 USC 5401-5426 which when placed on the site is set on an enclosed foundation in accordance with §70.043(1) Wis. Stats. and subchapters III, IV, and V, and XI of chapter SPS 321 of the Wis. Adm. Code, or a comparable foundation as approved by the local building services supervisor. Regulations:
(a) 
No Mobile Home may be split into two or more residences.
(b) 
Within 30 days of occupancy, the owner shall remove the axle and install skirting.
(c) 
Minimum required parking: 2 spaces per Mobile Home and Manufactured Home.
(d) 
Mobile homes and manufactured homes shall have a minimum of a 3/12 pitched roof unless located in a mobile home park or mobile home subdivision.
(e) 
Each mobile home and manufactured home in the city which is occupied as a residence shall be installed on a basement on grade beams with masonry skirting, or comparable foundation approved by the building services supervisor.
(f) 
The minimum width for mobile homes and manufactured homes shall be 22 feet unless located in a mobile home park or mobile home subdivision.
(g) 
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for Mobile Home and Manufactured Home land uses. Specific requirements for Mobile Homes and Manufactured Homes can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
Key to Figure
A
Minimum lot width (at building minimum setback line)
B
Street setback (lot line to principal building or attached garage):
C
Corner lot (street side) setback (lot line to principal building or attached garage)
D
Side setback (lot line to principal building or attached garage)
E
Rear setback (lot line to principal building or attached garage)
F
Accessory building side and rear setback (lot line to accessory building)
G
Minimum pavement setbacks (lot line to pavement excluding driveways entrances and lots that are 50 feet wide or less)
H
Minimum principal building separation (multi-structure developments on shared lots)
018 Building Footprints.tiff
(9) 
Mobile Home Subdivision: This land use is a form of residential development which is exclusively reserved for individually sold lots containing Mobile Homes and Manufactured Homes. Each Mobile Home and Manufactured Home must meet the requirements listed under Subsection (8), above. Regulations:
(a) 
Development shall be located so as to blend with abutting residentially zoned areas to the greatest extent possible.
(b) 
Minimum required parking: 2 spaces per residential dwelling unit.
(10) 
Mobile Home Park: This land use is a form of residential development which is exclusively reserved for individually sold or rented air right pads containing Mobile Homes or Manufactured Homes. Each Mobile Home or Manufactured Home must meet the requirements listed under Subsection (8), above. Regulations:
(a) 
Development shall be located so as to blend with abutting residentially zoned areas to the greatest extent possible.
(b) 
Except for where access is currently permitted, no direct access shall be permitted to local residential streets. Access shall be provided by private streets.
(c) 
The minimum lot size for new mobile home parks shall be 5 acres.
(d) 
Each mobile home within a mobile home or manufactured home park shall have 40 feet of frontage on a public or private drive.
(e) 
Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and the subdivision regulations may be modified in order to meet the following minimum requirements:
1. 
The entry road shall be a minimum of 32 feet in width.
2. 
Minor streets may be no less than 30 feet in width.
3. 
Cul-de-sac streets shall be limited in length to 300 feet and shall be provided at the closed end with a turnaround or cul-de-sac with a roadway 90 feet in diameter or more.
4. 
All streets shall be paved with bituminous or concrete pavement and meet all standards prescribed by city codes and regulations, when such street has been developed to the extent of 2/3 of its length.
(f) 
Each mobile home shall be at least 20 feet from other mobile homes at the closest point when parallel to each other and 20 feet from a private drive. Existing mobile home parks are exempt from this requirement when a new unit is being placed in a previously defined mobile home/manufactured home space or lot.
(11) 
Mixed Use Dwelling Unit(s): One or more residential dwellings within a mixed use structure (i.e. a single building containing more than one type of land use). Mixed Use Dwelling Unit(s) are permitted on the ground floor of a building used for an office, commercial, or institutional land use, except in the DMU district. Regulations:
(a) 
Minimum required parking: One space per residential dwelling.

§ 18-56 Agricultural land uses.

[Ord. No. 1240, 11-13-2012]
(1) 
Cultivation: Operations primarily oriented to the on-site, outdoor raising of plants for commercial purposes. Cultivation includes the raising of trees as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered Cultivation if said plants are consumed by animals which are located offsite. This land use excludes Community Garden and Market Garden. Regulations:
(a) 
Minimum required parking: None.
(2) 
Husbandry: All operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit per acre. This includes horses, cattle, sheep, goats, llamas (and related species), deer, antelope, swine, foul (including chickens, turkeys, ducks, geese, peacocks, guinea hens, game birds), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and algae), and any animals typically hunted or trapped. This excludes animals typically kept as pets and commonly available at commercial pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles, amphibians, tropical/exotic birds). Apiaries are also considered Husbandry land uses. Regulations:
(a) 
Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines.
(b) 
All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 25 feet from any residentially zoned property.
(c) 
Minimum required parking: One space per employee on the largest work shift. (Note: agricultural land uses are hereby made exempt from the surfacing requirements of Section 18-103).
(3) 
Intensive Agriculture: All operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit per acre and/or agricultural activities requiring structures, equipment and/or infrastructure specific to one operation rather than to farming in general. Examples of such land uses include feed lots, hog farms, poultry operations, aquaculture, and certain other operations meeting this criterion. Regulations:
(a) 
Intensive Agricultural uses shall not be located in or abut an existing or platted residential subdivision.
(b) 
All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 300 feet from all residentially zoned property and 100 feet from all other lot lines.
(c) 
Intensive Agricultural uses shall be located in an area which is planned to remain commercially viable for agricultural land uses.
(d) 
Intensive Agricultural uses shall be completely surrounded by a bufferyard with a minimum opacity of 0.8.
(e) 
Minimum required parking: One space per employee on the largest work shift. (Notes: customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of Section 18-103).
(4) 
On-Site Agricultural Retail: The sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within On-Site Agricultural Retail operations; such activity constitutes Indoor Sales or Service (see Section 18-58 (4)). Regulations:
(a) 
Signage shall be limited to one on-site sign which shall not exceed 30 square feet in area.
(b) 
Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit (per Chapter 15 of the City of Marshfield Code of Ordinances).
(c) 
On-Site Agricultural Retail uses, once discontinued for a period of 12 months, shall not be reestablished except with the granting of a conditional use permit, and shall only be permitted in the RH-35 district.
(d) 
Minimum required parking: One parking space shall be required for every 200 square feet of product display area. (Note: agricultural land uses are hereby made exempt from the surfacing requirements of Section 18-103).
(5) 
Agricultural Service: Operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used or produced by agricultural operations. Examples of such land uses include, but not limited to, agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial Composting uses, see Section 18-63(2)). Regulations:
(a) 
Agricultural Service uses shall not be located in or abut an existing or platted residential subdivision.
(b) 
All outdoor animal containments (i.e. pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines.
(c) 
If within the RH-35 district, agricultural service uses shall be located in an area which is planned to remain commercially viable for agricultural land uses.
(d) 
Once discontinued for a period of 12 months, Agricultural Service uses shall not be reestablished except with the granting of a conditional use permit, and shall only be permitted in the RH-35 or GI districts.
(e) 
Minimum required parking: One space per employee on the largest work shift. (Notes: customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of Section 18-103).
(6) 
Community Garden: Community Garden areas for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands and may be principle or accessory uses. Regulations:
(a) 
All garden areas and structures shall be located a minimum of 5 feet from the lot line.
(b) 
A site plan shall be submitted to the Zoning Administrator for approval. Said site plan shall list the property owner, established sponsoring organization and garden manager, and demonstrate consideration for and indicate locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.
(c) 
The following structures are permitted in Community Gardens: tool sheds, shade pavilions, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children’s play areas.
(d) 
Signs shall be limited to identification, information, and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet.
(e) 
Fences shall comply with the regulations in Section 18-106.
(f) 
The applicant shall demonstrate adequate off-street parking availability.
(7) 
Market Garden: An area for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands, with on-site sales of crops grown on-site permitted, and may be principle or accessory uses. Market Gardens shall adhere to the following listed regulations.
(a) 
All activity areas and structures shall be located a minimum of 5 feet from the lot line.
(b) 
A site plan shall be submitted to the Zoning Administrator for approval. Said site plan shall list the property owner, established sponsoring organization, and garden manager, and demonstrate consideration for and indicate locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.
(c) 
The following structures are permitted within Market Gardens: tool sheds, shade pavilions, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children’s play areas.
(d) 
Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.
(e) 
Signs shall be limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet.
(f) 
Fences shall comply with the regulations in Section 18-106.
(g) 
The applicant shall demonstrate adequate off-street parking availability.

§ 18-57 Institutional land uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1454, 4-13-2021]
(1) 
Small Scale Indoor Institutional: Small scale indoor institutional uses of 10,000 gross square feet or less including indoor public and not for profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), municipal facilities, clinics, pre-K through high schools, college or trade schools, churches, nonprofit clubs, nonprofit fraternal organizations, funeral homes, and similar land uses. Small Scale Indoor Institutional uses have less impact on surrounding properties than Large Scale Indoor Institutional uses. Regulations:
(a) 
An off-street passenger loading area shall be provided if the majority of the users will be children (as in the case of a school, church, library, or similar land use).
(b) 
Minimum required parking: Generally, one space per 3 expected patrons at maximum capacity; however, the following specific requirements may apply.
1. 
Church: One space per 5 seats at the maximum capacity.
2. 
Community or recreation center: One space per 350 square feet of gross floor area, or one space per 4 patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.
3. 
Funeral home: One space per 3 patron seats at the maximum capacity, plus one space per employee on the largest work shift.
4. 
Library or museum: One space per 350 square feet of gross floor area or one space per 4 seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.
5. 
Elementary and junior high: One space per 2 employees.
6. 
Senior high: One space per 2 employees, plus 30 percent of maximum capacity.
7. 
College or trade school: One space per staff member on the largest work shift, plus one space per 2 students of the largest class attendance period.
(2) 
Large Scale Indoor Institutional: Large scale indoor institutional uses with greater than 10,000 gross square feet including, indoor public and not for profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), municipal facilities, hospitals, large scale clinics, pre-K through high schools, college or trade schools, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, funeral homes, and similar land uses, and outdoor facilities ancillary to such uses (such as sports fields and outdoor gathering spaces). Regulations:
(a) 
An off-street passenger loading area shall be provided if the majority of the users will be children (as in the case of a school, church, library, or similar land use).
(b) 
Minimum required parking: Generally, one space per 3 expected patrons at maximum capacity; however, the following specific requirements may apply.
1. 
Hospital: 1.5 spaces per bed.
2. 
Church: One space per 5 seats at the maximum capacity.
3. 
Community or recreation center: One space per 350 square feet of gross floor area, or one space per 4 patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.
4. 
Funeral home: One space per 3 patron seats at the maximum capacity, plus one space per employee on the largest work shift.
5. 
Library or museum: One space per 350 square feet of gross floor area or one space per 4 seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.
6. 
Elementary and junior high: One space per 2 employees.
7. 
Senior high: One space per 2 employees, plus 30 percent of maximum capacity.
8. 
College or trade school: One space per staff member on the largest work shift, plus one space per 2 students of the largest class attendance period.
(3) 
Correctional Institutional: A facility for the detention, confinement, treatment, or rehabilitation of persons arrested or convicted for the violation of the law including adult detention centers, juvenile delinquency centers, jails, prisons, and similar land uses. Regulations:
(a) 
All structures shall be located a minimum of 100 feet from any residentially zoned property.
(b) 
Minimum required parking: One space per each employee on the largest work shift including contracted employees plus 10 percent of that number of spaces.
(4) 
Outdoor Open Space Institutional: Cemeteries, privately held permanently protected green space areas, open grassed areas not associated with any particular active recreational land use, and similar land uses. Regulations:
(a) 
All buildings shall be located a minimum of 50 feet from any residentially zoned property. Grave sites are exempt from setback requirements.
(b) 
Minimum required parking: No parking is required; however, for uses accessory to cemeteries (e.g., mausoleums), parking may be required per the recommendation of the Plan Commission or Zoning Administrator.
(5) 
Passive Outdoor Recreation: Recreational land uses which involve passive recreational activities, such as arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, picnic areas, picnic shelters, botanical gardens, fishing areas, and similar land uses. Regulations:
(a) 
Minimum required parking: One space per 4 expected patrons at maximum capacity for any use requiring over 5 spaces.
(6) 
Active Outdoor Recreation: Recreational land uses which involves active recreational activities. Such land uses include tennis courts, basketball courts, ball diamonds, football fields, soccer fields, neighborhood parks, playgrounds, tot lots, outdoor swimming pools, swimming beach areas, fitness courses, golf courses, and similar land uses. Regulations:
(a) 
Facilities using recreational facility night lighting and abutting a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.50. Said bufferyard shall be located at the property line abutting said residentially zoned property.
(b) 
All structures shall be located a minimum of 50 feet from any residentially zoned property.
(c) 
Facilities which serve a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children.
(d) 
Minimum required parking: The Zoning Administrator shall determine parking requirements based on specific uses and needs.
(7) 
Essential Services: The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies, of underground and overhead lines and pipes for gas, electric, telephone, communications, cable television, steam, public water supply, sanitary sewage collection, stormwater conveyance, or other comparable utilities. Essential Services include such above-surface facilities as poles, guide wires, fire alarm boxes, water hydrants, pump houses, well houses, lift stations, utility posts, police call boxes, and standpipes. Essential Services do not include larger utility facilities included under Public Services and Utilities, such as electric substations, wastewater treatment plants, and water towers. Essential services are exempt from density, intensity, and bulk regulations.
(8) 
Small Scale Public Services and Utilities: Small scale City, county, state, and federally owned facilities such as light stations, water towers, public and/or private utility substations, utility and public service related distribution facilities, and similar land uses. This does not include uses listed under Essential Services or Large Scale Public Services and Utilities. Regulations:
(a) 
All structures shall be located a minimum of 20 feet from any residentially zoned property.
(b) 
Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.
(c) 
The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.
(d) 
All outdoor storage areas abutting a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60. Said bufferyard shall be located at the property line abutting said residentially zoned property.
(e) 
Minimum required parking: One space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises.
(9) 
Large Scale Public Services and Utilities: Large scale City, county, state, and federally owned facilities such as public works facilities and garages, wastewater treatment plants, potable water treatment plants, public and/or private utility substations, utility and public service related distribution facilities, and similar land uses. This does not include uses listed under Essential Services or Small Scale Public Services and Utilities. Regulations:
(a) 
All structures shall be located a minimum of 20 feet from any residentially zoned property.
(b) 
Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.
(c) 
The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.
(d) 
All outdoor storage areas abutting a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60. Said bufferyard shall be located at the property line abutting said residentially zoned property.
(e) 
Minimum required parking: One space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises.
(10) 
Institutional Residential: Residential development designed to accommodate Institutional Residential land uses, such as senior housing, retirement homes, assisted living facilities, nursing homes, hospices, convents, monasteries, dormitories, nursing homes, convalescent homes, limited care facilities, physical rehabilitation centers, transitional housing (housing and supportive services for homeless persons that is designed to facilitate the movement of homeless persons to independent living), and similar land uses not considered to be Community Living Arrangements (see separate listings). Regulations:
(a) 
Project shall provide an off-street passenger loading area at a minimum of one location within the development.
(b) 
Minimum required parking: The following specific parking requirements may apply.
1. 
Senior housing or retirement housing: One half space per dwelling unit.
2. 
Assisted living facility or limited care facility: One space per 2 dwelling units.
3. 
Monastery, convent, or dormitory: One space per 6 residents, plus one space per employee on the largest work shift, plus one space per 5 chapel seats if the public may attend.
4. 
Nursing home or hospice: One space per 4 patient beds, plus one space per 2 employees on the largest work shift, plus one space per doctor.
(11) 
Community Living Arrangement (1-8 Residents): Facilities including community living arrangements for adults (per Wisconsin Statutes 46.03(22)), community living arrangements for children (per Wisconsin Statutes 48.743), and community based residential facilities (per Wisconsin Statutes 50.01(1g)). Community Living Arrangements do not include Group Daycare Centers, nursing homes, hospitals, prisons, or jails. Community Living Arrangement facilities are regulated depending upon their capacity as provided for in Wisconsin Statutes 62.23(7)(i), provided any such regulations do not violate federal or state housing or anti-discrimination laws. Regulations:
(a) 
No Community Living Arrangement shall be established within 2,000 feet of any other such facility regardless of its capacity.
(b) 
The applicant shall demonstrate that the total capacity of all Community Living Arrangements (of all capacities) in the City shall not exceed one percent of the City’s population or one percent of the Aldermanic District's population (as shown in the most recent U.S. Census).
(c) 
Foster homes housing 4 or fewer children and licensed under Wisconsin Statutes 48.62 shall not be subject to (a), above; and shall not be subject to, or count toward, the total arrived at in (b), above.
(d) 
Each facility shall have a rear and side yard which is visually screened from abutting residential properties unless such facility is contained in a single family dwelling.
(e) 
Minimum required parking: One space for each employee of the largest shift plus one space for every 3 beds.
(f) 
The Plan Commission may grant exceptions to any of these regulations by issuance of a conditional use permit.
(12) 
Community Living Arrangement (9-15 Residents): See description under Subsection (11), above. Regulations:
(a) 
No Community Living Arrangement shall be established within 2,000 feet of any other such facility regardless of its capacity.
(b) 
The applicant shall demonstrate that the total capacity of all Community Living Arrangements (of all capacities) in the City shall not exceed one percent of the City’s population.
(c) 
Foster homes housing 4 or fewer children and licensed under Wisconsin Statutes 48.62 shall not be subject to (a), above; and shall not be subject to, or count toward, the total arrived at in (b), above.
(d) 
Each facility shall have a rear and side yard which is visually screened from abutting residential properties unless such facility is contained in a single family dwelling.
(e) 
Minimum required parking: One space for each employee of the largest shift plus one space for every 3 beds.
(f) 
The Plan Commission may grant exceptions to any of these regulations by issuance of a conditional use permit.
(13) 
Community Living Arrangement (16+ Residents): See description under Subsection (11), above. Regulations:
(a) 
No Community Living Arrangement shall be established within 2,000 feet of any other such facility regardless of its capacity.
(b) 
The applicant shall demonstrate that the total capacity of all Community Living Arrangements (of all capacities) in the City shall not exceed one percent of the City’s population.
(c) 
Foster homes housing 4 or fewer children and licensed under Wisconsin Statutes 48.62 shall not be subject to (a), above; and shall not be subject to, or count toward, the total arrived at in (b), above.
(d) 
The minimum lot size for each district shall apply, except that the minimum lot area in square feet shall be increased 1,000 square feet for each additional 2 residents over 15.
(e) 
Each facility shall have a rear and side yard which is visually screened from abutting residential properties unless such facility is contained in a single family dwelling.
(f) 
Minimum required parking: One space for each employee of the largest shift plus one space for every 3 beds.
(g) 
The Plan Commission may grant exceptions to any of these regulations by issuance of a conditional use permit.

§ 18-58 Commercial land uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1253, 7-9-2013; Ord. No. 1380, 6-26-2018; Ord. No. 1403, 3-12-2019; Ord. No., 5-12-2020]
(1) 
Office: Indoor Offices where the primary function is the handling of information or administrative services. Office uses do not typically provide services directly to customers on a walk-in basis. Regulations:
(a) 
Minimum required parking: One space per 350 square feet of gross floor area.
(2) 
Personal or Professional Service: Indoor service land uses where the primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include establishments where customers make an appointment, such as professional services, insurance or financial services, realty offices, small scale walk-in medical offices and clinics, veterinary clinics, barber shops, beauty shops, tattoo parlors, and related land uses including ancillary on site production of items used in the provision of such services. Personal and Professional Services do not include hospitals which are regulated under Large Scale Indoor Institutional. Regulations:
(a) 
Minimum required parking: Generally, one space per 350 square feet of gross floor area.
(3) 
Artisan Studio: A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use.
(a) 
Minimum required parking: One space per 350 square feet of gross floor area plus adequate onsite parking is required for all customer and employee vehicles.
(4) 
Indoor Sales or Service: The sale and/or display of merchandise or equipment or non-personal or non-professional services, entirely within an enclosed building. Includes general merchandise stores, grocery stores, butcher, sporting goods stores, antique stores, gift shops, laundromats, bakeries, pawn shops, payday lenders, and a number of other uses meeting this definition. Regulations:
(a) 
Spacing requirements for payday lenders:
1. 
The payday lender is located at least 1,500 feet from another payday lender; and
2. 
The payday lender is located at least 150 feet from any single family or two family residential zoning district.
3. 
Exceptions to the location requirement. If a payday lender that is doing business on January 1, 2011, from a location that does not comply with the space requirements in this section, the payday lender may continue to operate from that location.
(b) 
Minimum required parking: One space per 350 square feet of gross floor area.
(5) 
Outdoor Display: Land uses where sales and display merchandise or equipment is conducted outside of an enclosed building. Examples include, but are not limited to, outdoor garden centers, outdoor recreation equipment sales, monument sales, lumber, vehicle rental, truck/trailer rental, and manufactured and mobile housing sales. If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered incidental to Indoor Sales or Service under Section 18-58(4). Regulations:
(a) 
The outdoor display area shall be calculated as the area which would be enclosed by a required physical separation installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors.
(b) 
The facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property.
(c) 
The display of items shall not be permitted in required setback areas, landscape areas, bufferyards, or permanently protected green space areas unless located in a parking lot.
(d) 
Inoperable vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.
(e) 
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by (i), below. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
(f) 
Display areas shall be separated from any circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
(g) 
Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(h) 
Outdoor Display shall be permitted during the entire calendar year, however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within 10 calendar days of the goods’ removal.
(i) 
Minimum required parking: One space per 1,000 square feet of gross floor area.
(6) 
Indoor Commercial Entertainment: Land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include, but are not limited to, restaurants, taverns, theaters, health or fitness centers, training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, and pool halls. Regulations:
(a) 
Any new customer entrances facing abutting property zoned Single Family Residential shall be located at least 50 feet from said abutting property line. The Plan Commission may grant exceptions to this requirement by issuance of a conditional use permit.
(b) 
Facility shall provide bufferyard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property.
(c) 
Minimum required parking: One space per every 100 square feet of gross floor area for banquet halls, theaters, or similar uses. One space per every 150 feet of gross floor area for restaurants, taverns and similar uses. One space per every 300 feet of gross floor area for all other uses.
(7) 
Outdoor Commercial Entertainment: Land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples of such land uses include outdoor eating and drinking areas, outdoor food vendors and related seating used longer than 30 days, outdoor assembly areas, volleyball courts, horse shoes, and outdoor swimming pools associated with a lodging facility. Regulations:
(a) 
Any new customer entrances facing abutting property zoned Single Family Residential shall be located at least 50 feet from said abutting property line. The Plan Commission may grant exceptions to this requirement by issuance of a conditional use permit.
(b) 
Facility shall provide bufferyard with minimum opacity of 0.50 along all borders of the property abutting residentially zoned property.
(c) 
Minimum parking for food vendor trailers is one space per 20 square feet of gross floor area of the trailer.
(d) 
Outdoor Commercial Entertainment activities proposed in a public right of way or on City owned property may be permitted, but must receive Board of Public Works and Common Council approval for such use.
(e) 
Minimum required parking: One space for every 5 persons at the maximum capacity of the outdoor area when located outside the DMU District.
(f) 
Outdoor Commercial Entertainment uses may not take up required on-site parking spaces.
(g) 
Special events are permitted and are excluded from this land use.
(8) 
Intensive Outdoor Recreation: Recreational land uses, that require intensive lighting and generate regional traffic and noise beyond property lines and require intensive lighting. Such land uses include, but are not limited to, race tracks, stadiums, fair grounds, batting cages, driving ranges, outdoor commercial swimming pools, miniature golf facilities, amusement parks, drive-in theaters, water parks, and similar land uses. Regulations:
(a) 
Facilities using night lighting and abutting a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 1.0. Said bufferyard shall be located at the property line abutting said residentially zoned property.
(b) 
Facilities which serve a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children.
(c) 
All activity areas shall have a minimum setback of 100 feet from any residentially zoned property.
(d) 
Minimum required parking: One space per 4 expected patrons at maximum capacity.
(9) 
In-Vehicle Sales or Service: Land uses where sales and/or services are conducted to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include, but are not limited to, drive-in facilities, drive-through facilities, fuel stations, and car washes. Regulations:
(a) 
If outdoor seating is available, clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).
(b) 
The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.
(c) 
In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.
(d) 
The setback of the outer edge of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially-zoned property lines, and shall be a minimum of 5 feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 25 feet per the measurement of roof height.
(e) 
Facility shall provide a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property.
(f) 
Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands. Said curbs shall be a minimum of 6 inches high and shall be of a non-mountable design.
(g) 
Each drive-up lane shall have a minimum stacking length of 100 feet behind the pass through window and 40 feet beyond the pass through window. This requirement may be adjusted by the Plan Commission through the conditional use process.
(h) 
Minimum required parking: Refer to the parking requirements of the other land use activities on the site, such as indoor sales and service land uses for a gas station/convenience store, or office land uses for a bank.
(10) 
Bed and Breakfast: Bed and Breakfasts are places of lodging that provide rooms for rent for more than 10 nights during a 12-month period, are the owner’s personal residence, and are occupied by the owner at the time of rental. Regulations:
(a) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.40 along all property borders abutting residentially zoned property.
(b) 
The dwelling unit in which the Bed and Breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the Bed and Breakfast operation is active.
(c) 
Each operator shall keep a list of names of all persons staying at the Bed and Breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by City officials at any time.
(d) 
The maximum stay for any occupants of Bed and Breakfast operations shall be 14 consecutive days.
(e) 
Minimum required parking: One space per each bedroom in addition to requirements for principal residents.
(11) 
Commercial Indoor Lodging: Facilities where overnight housing in individual rooms or suites of rooms is provided, with each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, lounge, fitness centers, and other on-site facilities available to non-lodgers are considered ancillary uses and therefore do not require review as a separate land use. Regulations:
(a) 
Any new customer entrances facing abutting property zoned Single Family Residential shall be located at least 50 feet from said abutting property line. The Plan Commission may grant exceptions to this requirement by issuance of a conditional use permit.
(b) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property.
(c) 
Minimum required parking: One space per bedroom, plus one space for each employee on the largest work shift. Additional parking for other on-site uses may be required.
(12) 
Boarding House: Boarding Houses include any residential use with shared bathroom, living, and/or kitchen facilities. Regulations:
(a) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property.
(b) 
Minimum required parking: One space per each bedroom for rent.
(13) 
Campground: Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or recreational vehicles. Regulations:
(a) 
Campgrounds shall be surrounded by a bufferyard with a minimum opacity of 0.70 along all property borders abutting residentially zoned property.
(b) 
Minimum required parking: One and one-half (1.5) spaces per campsite.
(14) 
Group Daycare Center (9+ Children): Facilities where qualified persons provide childcare services for 9 or more children. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day care centers are considered an accessory use and require review as a separate land use. Regulations:
(a) 
Group Daycare Centers shall not be located within a residential building.
(b) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Article VIII).
(c) 
The property owner’s permission and signature is required as part of the conditional use permit application.
(d) 
Minimum required parking: One space per 5 students, plus one space for each employee on the largest work shift.
(15) 
Animal Boarding: Facilities where short-term and/or long-term animal boarding is provided, including commercial kennels, commercial stables, and animal shelters. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to and do not require separate consideration. Regulations:
(a) 
Facility shall provide appropriate separation from animal containment areas to residentially zoned property.
(b) 
Each animal shall be provided with an indoor containment area.
(c) 
The minimum permitted size of horse or similar animal stall shall be 100 square feet.
(d) 
Minimum required parking: One space per every 1,000 square feet of gross floor area.
(16) 
Indoor Maintenance Service: Facilities where maintenance service is provided, including repair, and operations (except loading) are located entirely within an enclosed building. This shall not include Vehicle Sales, Vehicle Service, or Vehicle Repair land uses. Regulations:
(a) 
Minimum required parking: One space per 350 square feet of gross floor area.
(17) 
Outdoor Maintenance Service: Facilities where maintenance service is provided, including repair, and where all or any portion of the operation is located outside of an enclosed building. This shall not include Vehicle Sales, Vehicle Service, or Vehicle Repair land uses. Regulations:
(a) 
All outdoor activity areas shall be completely enclosed by a minimum 6 feet high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of 0.60.
(b) 
Outdoor storage of unlicensed or inoperable vehicles is prohibited outside fenced areas.
(c) 
Minimum required parking: One space per 350 square feet of gross floor area, or one space per each employee on the largest shift, whichever is less.
(18) 
Vehicle Sales: The sale and display of vehicles for sale or rent outside of an enclosed building. Such land uses also include an ancillary repair shop associated with the vehicle display lot and sales building. Regulations:
(a) 
The outdoor vehicle sales area shall be clearly depicted on the site plan.
(b) 
The display of vehicles shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards.
(c) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all borders of the display area abutting residentially zoned property.
(d) 
Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(e) 
Inoperable vehicles or equipment or other items typically stored or displayed in a junkyard or salvage yard shall not be displayed.
(f) 
Minimum required parking: One space per 350 square feet of gross floor area.
(19) 
Vehicle Service: Facilities where vehicle service is provided entirely within an enclosed building, such as an oil change shop. This shall not include Vehicle Sales or Vehicle Repair. Regulations:
(a) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all borders of the display area abutting residentially zoned property.
(b) 
Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(c) 
Inoperable vehicles or equipment or other items typically stored or displayed in a junkyard or salvage yard shall not be displayed.
(d) 
Minimum required parking: One space per 350 square feet of gross floor area.
(20) 
Vehicle Repair: Facilities where vehicle repair is provided entirely within an enclosed building including unlicensed or inoperable vehicles used for spare parts. This shall not include Vehicle Sales or Vehicle Service. Regulations:
(a) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all borders of the display area abutting residentially zoned property.
(b) 
Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(c) 
Outdoor storage of unlicensed or inoperable vehicles is prohibited outside fenced areas.
(d) 
Minimum required parking: One space per 350 square feet of gross floor area.
(21) 
Sexually-Oriented Land Uses: Any facility oriented to the display of sexually-oriented materials such as videos, movies, photos, books, or magazines; or actual persons displaying and/or touching sexually specified areas; including the provision of body piercing or tattooing services to “sexually specified areas.” For the purpose of this Chapter, “sexually specified areas” includes any of the following: genitals, anal area, female areola or nipple. “Sexually-oriented material” includes any media which displays sexually specified area(s). Establishments which sell or rent sexually-oriented materials shall not be considered sexually-oriented if the area devoted to sale of said materials is less than 5 percent of the sales area devoted to non-sexually-oriented materials and if such materials are placed in generic covers or otherwise obscured areas. Regulations:
(a) 
Facilities shall be located a minimum of 1,000 feet from any commercially zoned property or residentially zoned property; and shall be located a minimum of 1,000 feet from any school, church, or outdoor recreational facility.
(b) 
Exterior building appearance and signage shall be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values.
(c) 
Minimum required parking: One space per 350 square feet of gross floor area, or one space per person at the maximum capacity of the establishment, whichever is greater.
NOTE: The incorporation of this Subsection into this Chapter is designed to reflect the Common Council’s official finding that sexually-oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other, similar jurisdictions. Specifically, the Common Council is concerned with the potential for such uses to limit: the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent of this Subsection to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the City’s Comprehensive Plan and protect the character and integrity of its commercial and residential neighborhoods.
(22) 
Low Intensity Production: Facilities that include light manufacturing, product assembly, printing, and other relatable activities that may be used in conjunction with another permitted commercial use. Activities shall be less intensive than Light Industrial uses, fit in with the surrounding land uses, and not present any detrimental impacts (noise, vibration, odor, etc.) at the property line. Some examples of this use include medical manufacturing, microbreweries, product assembly, food production, artisanal products, printing, or similar uses as determined by the Zoning Administrator. Regulation:
(a) 
Exterior building appearance shall blend in with the surrounding neighborhood and show little to no signs of production or manufacturing activities being performed inside the building.
(b) 
All activities, but excluding loading and unloading, shall be conducted entirely within the confines of a building.
(c) 
Indoor storage of products or materials related to the low intensity production is allowed.
(d) 
Minimum required parking: One space per employee on the largest shift.

§ 18-59 Industrial land uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1396, 12-18-2018; Ord. No. 1401 – amended 2-26-2019]
(1) 
Light Industrial: Facilities where all operations, with the exception of loading, are conducted entirely within an enclosed building. Such land uses are not associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line, and do not pose a significant safety hazard (such as danger of explosion). Light Industrial land uses may include ancillary office space and may conduct indoor sales as an accessory use provided that the use complies with the requirements of Section 18-65 (18). Regulations:
(a) 
All activities, but excluding loading and unloading, shall be conducted entirely within the confines of a building.
(b) 
Minimum required parking: One space per each employee on the largest work shift.
(2) 
Heavy Industrial: Industrial activities that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. Examples include, but are not limited to: meat product producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay, or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; recycling facilities not involving the on-site storage of salvage materials; and large-scale alcoholic beverage producers exceeding the production limits in Chapter 125, Wisconsin Statutes. Regulations:
(a) 
All outdoor activity areas shall be surrounded by a bufferyard with a minimum opacity of 1.00.
(b) 
All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property.
(c) 
Outdoor materials may not exceed 40 feet in height, unless approved through a Conditional Use Permit.
(d) 
In no instance shall a Heavy Industrial land use exceed the performance standards listed in Article VII.
(e) 
Minimum required parking: One space per each employee on the largest work shift.
(3) 
Research, Development, and Related Manufacturing: Research and development and the manufacturing of items for testing and for sale that are associated with the research and development conducted on-site. All operations, with the exception of loading, shall be conducted entirely within an enclosed building. Such land uses shall not be associated with or result in nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line, and do not pose a significant safety hazard (such as danger of explosion). Regulations:
(a) 
All activities, except loading and unloading, shall be conducted entirely within the confines of a building.
(b) 
Minimum required parking: One space per each employee on the largest work shift.
(4) 
Production Greenhouse: Any business whose principal activity is the growing and wholesaling of plants or plant by-products (not including fruits and vegetables) that are either grown or stored within an enclosed building or structure constructed chiefly of glass or glass-like material, cloth, or other permanent material. Such uses also often involve the seasonal display of plants and related products outdoors. Regulations:
(a) 
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of (f), below. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
(b) 
Storage and/or Outdoor Display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
(c) 
Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.
(d) 
The facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of Outdoor Display areas abutting residentially zoned property.
(e) 
Minimum required parking: One space per 350 square feet of gross floor area.
(5) 
Indoor Food Production: Any business whose principal activity is the production and wholesaling of plants or plant by-products (including fruits and vegetables) that are grown on-site within an enclosed building or structure constructed chiefly of glass or glass-like material, cloth, or other permanent material. Such uses also often involve the seasonal display of plants and related products outdoors. Indoor Food Production also includes the farming of aquatic organisms (plants and animals) under controlled conditions, and which is located entirely within an enclosed building and utilizes recirculating (closed) system technology. Such operations may also incorporate aquaponics, which is the symbiotic cultivation of plants and aquatic organisms in a recirculating system. Regulations:
(a) 
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls and fencing shall be a minimum of 8 feet in height and shall be designed to completely screen all stored materials or products from view of non-industrialized areas at an elevation of 5 feet above the grade of all abutting properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80.
(b) 
Storage and/or Outdoor Display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
(c) 
All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.
(d) 
The storage of items shall not be permitted in any landscaping areas, bufferyard areas, or permanently protected green space areas.
(e) 
In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of (n), below. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
(f) 
Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(g) 
Indoor aquaculture operations shall be connected to the municipal water and sanitary sewer system and all wastewater shall be discharged to the municipal sanitary sewer system.
(h) 
Prior to the issuance of a conditional use permit, applicants wishing to establish indoor aquaculture operations shall prepare a report outlining the estimated average daily water usage and quantity of wastewater discharge. Such report shall be reviewed and approved by the City Engineer.
(i) 
On-site processing of seafood is permitted; provided the activity is conducted entirely within an enclosed building and no odors are detectable from the property line.
(j) 
The on-site retail sale of seafood or vegetables shall be considered Incidental Indoor Sales subject to the provisions of Section 18-65 (18), provided the area devoted to sales does not exceed 25 percent of the total area of the building(s) within which the operation is located. Retail areas that exceed 25 percent of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use.
(k) 
Site plans shall be provided which indicate the location of all outdoor activity areas.
(l) 
On-site composting shall be permitted, subject to the following regulations:
(m) 
Compost areas shall be fully screened on all 4 sides.
(n) 
Composting shall comply with all county, state, and federal rules, regulations, and permitting requirements.
(o) 
No outdoor activity areas shall be located in bufferyard areas. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.
(p) 
Minimum required parking: For indoor aquaculture, one space for each 500 square feet of principal building area. For wholesale greenhouses, one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.

§ 18-60 Storage land uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1396, 12-18-2018; Ord. No. 1453, 4-13-2021]
(1) 
Indoor Storage and Wholesaling: Land uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per Section 18-65 (18). Regulations:
(a) 
Minimum required parking: One space per 2,000 square feet of gross floor area.
(2) 
Outdoor Storage and Wholesaling: Land uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an Outdoor Storage and Wholesaling land use. Examples of this land use include, but are not limited to, storage yards, equipment yards, lumber yards, and coal yards. Regulations:
(a) 
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, landscaping, and fencing. Such screening shall be a minimum of 8 feet in height and shall be designed to completely screen the area from non-industrialized areas Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 2.00.
(b) 
The storage of items shall not be permitted in required frontage landscaping areas, bufferyard areas, or permanently protected green space areas.
(c) 
In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Subsection (g). If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
(d) 
Storage areas shall be separated from any public vehicular parking or circulation area.
(e) 
Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(f) 
Inoperable vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.
(g) 
Minimum required parking: None.
(3) 
Personal Storage Facility: Also known as “mini-warehouses,” these land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned storage area. Such storage areas may be available on either a condominium or a rental basis. This land use may include multiple buildings, shall be regulated as a conditional use, and shall not be considered a Group Development. Regulations:
(a) 
Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.
(b) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.80 along all property borders abutting residentially zoned property.
(c) 
No electrical power shall be run to the storage facilities, except for exterior lighting and interior hallway lighting.
(d) 
The following standards shall apply to any facility located in the “CMU” Community Mixed Use district:
1. 
All entrances to individual storage units shall be accessed from the interior of a building.
2. 
Shall be located in an existing commercial building as an adaptive re-use project.
3. 
No bufferyard is required.
4. 
Facilities may run electrical power within hallways, common areas, or office areas but not in individual storage units, except for lighting.
(e) 
Minimum required parking: One space for each employee on the largest work shift.

§ 18-61 Transportation land uses.

[Ord. No. 1240, 11-13-2012]
(1) 
Transit Center: A building, structure, and/or area designed and used for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another. Examples include, but are not limited to, bus stations, train stations, and park and ride stations. Regulations:
(a) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 1.0 along all property borders abutting residentially zoned property.
(b) 
All buildings, structures, outdoor storage areas, and any other activity areas, except employee and passenger parking, shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c) 
Minimum required parking: As sufficient to accommodate parking needs.
(2) 
Distribution Center: Facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per Section 18-65 (18). Regulations:
(a) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property.
(b) 
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c) 
In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.
(d) 
Minimum required parking: One space per each employee on the largest work shift.
(3) 
Freight Terminal: Land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses requiring trans-shipment. Regulations:
(a) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property.
(b) 
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c) 
In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.
(d) 
Minimum required parking: One space per each employee on the largest work shift.
(4) 
Airport: Transportation facilities providing takeoff, landing, servicing, storage, and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment) within the jurisdiction of this Chapter shall occur only in conjunction with an approved Airport. Regulations:
(a) 
The Airport shall be constructed, operated, and maintained in accordance with the rules and regulations of the Federal Aviation Administration (FAA) and State.
(b) 
Minimum required parking: One space per each employee on the largest work shift, plus one space per every 5 passengers based on average daily ridership.
(5) 
Heliport: An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities. Regulations:
(a) 
The Heliport shall be located at least 200 feet from any residentially used or zoned property, measured in a straight line from the closest point of the takeoff and landing area to the property line of the closest residentially used or zoned property. The application shall include a site plan of the proposed facility and an area map showing the distance between the proposed takeoff and landing area and the nearest residential property.
(b) 
The Heliport shall be constructed, operated, and maintained in accordance with the rules and regulations of the Federal Aviation Administration (FAA) and State.
(c) 
Minimum required parking: none.
(6) 
Off-Site Parking: Off-Site Parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed, and operable. See also Section 18-103 for additional parking regulations. Regulations:
(a) 
Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

§ 18-62 Telecommunication land uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1323, 12-8-2015]
(1) 
Satellite Dish: A bowl-shaped antenna with which signals are transmitted to or received from a communications satellite. This land use applies to dishes for personal use and private businesses (e.g. taverns and restaurants). Regulations:
(a) 
In all districts, satellite dishes less than 3 feet in diameter may be located anywhere on a lot, or on any principal or accessory building, except in the required or provided front or street side yard, whichever is more permissive.
(b) 
In all districts, satellite dishes larger than 3 feet in diameter may be erected on the roof of any principal or accessory buildings, or any yard except the required or provided front or street side yards, whichever is more permissive.
(c) 
No advertising or graphic designs are permitted on satellite dishes in any zoning district.
(d) 
In the event that a usable signal cannot be obtained by locating a satellite dish in locations permitted by this chapter, the Zoning Administrator may allow the placement of a satellite dish in a location that does not adversely affect health, safety, general welfare, or aesthetics of the general public.
(e) 
There is no permit or fee required for the installation of a satellite dish.
(2) 
Personal Antenna or Tower: Devices used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any building or structure. This definition includes the structure, supports, antennas, and equipment buildings. This land use applies to antenna and towers for personal use. Examples include amateur radio antenna and personal television antenna. Regulations:
(a) 
A building permit is not required for a personal antenna or tower. However, a Land Use Permit is required for freestanding personal antennas and towers greater than 35 feet gall (measured from the group) or 15 feet tall when attached to the roof of a building (measured from the roof where attached to the roof of a structure). With the Land Use permit, the owner shall provide a drawing which shows the proposed method of installation, the manufacturer's specifications (if any), and a site plan which depicts the location of the proposed antenna, any existing antenna, property lines and all buildings.
(b) 
Personal antennas and towers shall be installed pursuant to the manufacturer's specifications.
(c) 
Personal antennas and towers shall not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.
(d) 
Personal antennas mounted on the sides of building shall not protrude more than 2.5 feet from the side of the building.
(e) 
Guyed wires shall, at a minimum, meet the setbacks of a nonresidential accessory building. It shall be installed in such a manner as to protect the public safety and to minimize the visual impact on surrounding properties and from public streets.
(f) 
The attachment to a personal antenna or tower of any flag, decorative or commercial sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices is prohibited. This regulation does not include weather devices.
(3) 
Communication Antenna: Devices used for the transmission or reception of electromagnetic , radio signals used in the provision of mobile services, attached to a Communication Tower, building, or alternative tower structures, including equipment buildings/cabinets. Regulations:
(a) 
Applicability.
1. 
Communication Antennas may be installed, erected and maintained pursuant to the provisions of this section. All antennas in the City of Marshfield shall be subject to these regulations.
2. 
A different use on the same lot shall not preclude the installation of an antenna on such lot.
3. 
This land use category includes the placement of new antennas and equipment buildings used in conjunction with an existing tower.
(b) 
General requirements.
1. 
Compliance with federal regulations. Communication antennas and towers shall be erected and installed in accordance with the state electrical code adopted by reference in Chapter 17 of the Municipal Code National Electrical Safety Code, Federal Communications Commission, Federal Aviation Administration, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
2. 
Communication antennas shall not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.
3. 
Communication Tower and Nonresidential Building: Communication Antennas may be placed on commercial communication towers and nonresidential buildings.
4. 
Height requirements. Communication antenna height shall be restricted to 200 feet above grade when located on a communication tower or alternative structure.
5. 
Alternative structures. Communication antennas may be placed on alternative tower structures such as clock towers, bell steeples, light poles, water towers, or similar structures.
6. 
Other limitations. A communication antenna shall not adversely impact surrounding property; specifically, it shall not have, economic, or safety impact on surrounding public or private property or interfere with transmission or reception.
7. 
Advertising. No form of advertising or identification, sign or mural is allowed on the antenna other than the customary manufacturer identification plate.
8. 
All antennas shall at a minimum meet the required setbacks of a principal structure for the underlying zoning district, but may encroach into a required setback up to 2.5 feet and shall meet all applicable building code requirements. Communication antennas mounted on the sides of buildings shall not protrude more than 2.5 feet from the side of the building.
9. 
No part of an antenna array shall extend beyond any property boundary. Guyed wires shall meet the setbacks of a nonresidential accessory building. It shall be installed in such a manner as to protect the public safety and to minimize the visual impact on surrounding properties and from public streets.
10. 
The attachment to an antenna or tower of any flag, decorative or commercial sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices is prohibited. This regulation does not include weather devices.
11. 
Substantial modification. Substantial modification requires a Conditional Use Permit. Substantial modification of a mobile service support structure, including the mounting of an antenna on such a structure, includes the following:
a. 
For structures with an overall height of 200 feet or less, increases the overall height by more than 20 feet.
b. 
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more.
c. 
Measured at the width of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
d. 
Increases the square footage of the equipment compound by a total of more than 2,500 square feet. The equipment compound is the area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
12. 
Substantial modification exceptions. If a greater height is necessary than the height listed in Section 18-62(3)(b)(11)(a) or (b) to avoid interference with an existing antenna, or if a greater protrusion is necessary than the increase listed in 18-62(3)(b)(11)(c) to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable, such activity shall not be considered a substantial modification. Along with the request for such exceptions, proper documentation must be provided from a reliable source that a greater height or protrusion is necessary.
(c) 
Equipment buildings. Equipment buildings, including cabinets, used in connection with communication antennas will be subject to the following conditions:
1. 
Whenever wireless telecommunications facilities are established, all related ground mounted equipment buildings shall be considered ancillary to any existing or proposed primary use. Any impact of the equipment buildings shall be made as minimal as possible so as not to detract from the principal use of the property.
2. 
Except for wiring or similar materials needed to connect antennas with equipment buildings or power sources, ground mounted equipment and materials may only be stored in an enclosed building.
3. 
Equipment buildings or structures may be mounted on the roof of a building provided that such building or structure is placed as unobtrusively as possible.
4. 
Any ground mounted equipment building used for accessory equipment must either be screened from view from all abutting residential uses and potentially incompatible municipal uses with a minimum of a 6 foot tall evergreen hedge or other suitable vegetation, or the equipment building must be constructed with similar materials, style, roof pitch, etc., to complement the architectural character of the surrounding neighborhood. Alternative screening materials may be used in nonresidential areas.
5. 
All ground mounted equipment buildings shall at a minimum meet the required setbacks of a principal structure for the underlying zoning district and shall meet all applicable building code requirements.
6. 
Increasing the total square footage of the equipment compound area by more than 2,500 square feet shall require a Conditional Use Permit.
(d) 
Exceptions. Exceptions to the setbacks and height requirements listed above may be granted by a conditional use permit if appropriate engineering data is submitted showing that failure characteristics of the structure will not adversely impact abutting property and the structure does not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.
(e) 
Application Process: See Section 18-62(4)(n) and (o) for application requirements.
(4) 
Communication Tower: A communication tower is a freestanding structure (referred to as a mobile service support structure in 66.0404, Wis. Stat.) designed to support a mobile service facility. A mobile service facility includes the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area. Regulations:
(a) 
Applicability. All new communication towers in the City of Marshfield shall be subject to these regulations. Preexisting towers are considered grandfathered and this section shall only apply to new towers and the expansion of a preexisting tower.
1. 
A different use on the same lot shall not preclude the installation of an antenna or tower on such lot.
(b) 
Compliance with federal regulations. Communication towers shall be erected and installed in accordance with the state electrical code adopted by reference in Chapter 17 of the Municipal Code., National Electrical Safety Code, Federal Communications Commission, Federal Aviation. Administration, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
(c) 
Placement requirements.
1. 
It is the intention of the city to accommodate expansion of communication technology while minimizing the number of tower sites. New communication towers shall be structurally and electrically designed to meet the requirements of this chapter.
2. 
All communication towers shall at a minimum meet the required setbacks of a principal structure for the underlying zoning district and shall meet all applicable building code requirements.
3. 
Communication tower guyed wires shall comply with the required setbacks for a principal structure of the underlying zoning district in which the tower is located.
4. 
The placement of towers on the roof of existing buildings must maintain a setback that is the same as the building setback required for new buildings and cannot exceed a maximum height of 200 feet above grade. Substantial Modification.
5. 
Substantial modification requires a conditional use permit. Substantial modification of a mobile service support structure, including the mounting of an antenna on such a structure, includes the following:
a. 
For structures with an overall height of 200 feet or less, increases the overall height by more than 20 feet.
b. 
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more.
c. 
Measured at the width of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
d. 
Increases the square footage of the equipment compound by a total of more than 2,500 square feet. The equipment compound is the area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
6. 
Substantial modification exceptions. If a greater height is necessary than the height listed in Section 18-62(4)(c)5.a. or b. to avoid interference with an existing antenna, or if a greater protrusion is necessary than the increase listed in 18-62(4)(c)5.c. to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable, such activity shall not be considered a substantial modification.
(d) 
Equipment buildings. Section 18-62(3)(c) for requirements.
(e) 
Height requirements. Communication tower height shall be restricted to 200 feet. District height restrictions shall not apply to l communication towers.
(f) 
Communication towers shall not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.
(g) 
Collocation. Unless granted an exception through the Conditional Use Permit process, a communication tower shall be structurally and electrically designed to accommodate the applicant's antenna and comparable antennas for 2 additional users, where the communication towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights.
(h) 
Other limitations. The communication tower shall not adversely impact surrounding property; specifically, it shall not have, an economic, or safety impact on surrounding public or private property or interfere with transmission or reception.
(i) 
Advertising. No form of advertising or identification, sign or mural is allowed on the tower other than the customary manufacturer identification plate.
(j) 
Lighting. Communication towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(k) 
Fencing. A communication tower shall be enclosed by security fencing not less than 6 feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area (such as vinyl fences in residential areas or chain link fences with slats in industrial areas).
(l) 
Abandonment.
1. 
For all new towers, the applicant shall provide a written agreement stating that if the tower or transmitters are unused for a period exceeding 12 months, the applicant shall remove the tower or transmitters upon written request from the Zoning Administrator within 60 days of such request.
2. 
If unused facilities are not removed within 60 days of such notification, the City may remove the items at the expense of the holder of the conditional use permit. Within 30 days of the date on which the tower use ceases, the permit holder shall provide the commission written notice of the cessation of use.
(m) 
Exceptions. Exceptions to the setbacks and height requirements listed above may be granted by a conditional use permit if appropriate engineering data is submitted showing that failure characteristics of the structure will not adversely impact abutting property and the structure does not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.
(n) 
Application Process for siting and construction of any new mobile services support structures and facilities.
1. 
A building permit is required for the siting and construction of any new mobile service support structure and facilities.
2. 
A written permit application must be completed by any applicant and submitted to the City. The application must contain the following information:
a. 
The name and business address of, and the contact individual for, the applicant.
b. 
The location of the proposed or affected support structure.
c. 
The location of the proposed mobile service facility.
d. 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
e. 
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
f. 
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
3. 
A permit application will be provided by the City upon request to any applicant.
4. 
If an applicant submits to the City an application for a permit to engage in an activity described in this ordinance, which contains all of the information required under this ordinance, the City shall consider the application complete. If the City does not believe that the application is complete, the City shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
5. 
Within 90 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the 90 day period:
a. 
Review the application to determine whether it complies with all applicable aspects of the political subdivision’s building code and, subject to the limitations in this section, zoning ordinances.
b. 
Make a final decision whether to approve or disapprove the application.
c. 
Notify the applicant, in writing, of its final decision.
d. 
If the decision is to deny the application, include with the written notification substantial evidence which supports the decision.
6. 
The City may deny an application if an applicant refuses to evaluate the feasibility of collocation within the applicant’s search ring and provide the sworn statement described under Section 18-62(4)(n)2.f. above.
7. 
Fees shall be as stated in the City of Marshfield Fees Schedule, as established by the Common Council and shall be on file in the office of the City Clerk.
(o) 
Application Process for collocation on existing mobile services support structures and facilities.
1. 
A building permit is required for the siting and construction of any new mobile service support structure and facilities.
2. 
A written permit application must be completed by any applicant and submitted to the City. The application must contain the following information:
a. 
The name and business address of, and the contact individual for, the applicant.
b. 
The location of the proposed or affected support structure.
c. 
The location of the proposed mobile service facility.
3. 
A permit application will be provided by the City upon request to any applicant.
4. 
Collocation on existing mobile services support structures and facilities is subject to the same requirements for the issuance of a building permit to which any other type of nonresidential development or land use development is subject (Section 15-02 of the Municipal Code).
5. 
If an applicant submits to the City an application for a permit to engage in an activity described in this ordinance, which contains all of the information required under this ordinance, the City shall consider the application complete. If the City does not believe that the application is complete, the City shall notify the applicant in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
6. 
Within 45 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the 45 day period:
a. 
Review the application to determine whether it complies with all applicable aspects of the political subdivision’s building code and, subject to the limitations in this section, zoning ordinances.
b. 
Make a final decision whether to approve or disapprove the application.
c. 
Notify the applicant, in writing, of its final decision.
d. 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
7. 
Fees shall be as stated in the City of Marshfield Fees Schedule, as established by the Common Council and shall be on file in the office of the City Clerk.

§ 18-63 Extraction and disposal land uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1441, 8-11-2020]
(1) 
Extraction: Land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. Regulations:
(a) 
The facility shall receive approval from the county prior to action by the City of Marshfield.
(b) 
The facility shall comply with all county, state, and federal regulations and provide copies of all approved county, state, and federal permits.
(c) 
The facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property other than permanent open space.
(d) 
All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.
(e) 
Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and re-vegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110 percent of the costs determined to be associated with said restoration (as determined by a third party selected by the City), shall be filed with the City by the petitioner (subject to approval by the Zoning Administrator), and shall be held by the City for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for publicly-owned waste disposal facilities).
(f) 
Minimum required parking: One space per each employee on the largest work shift.
(2) 
Composting: Land uses devoted to the collection, storage, processing, and/or disposal of vegetation. Regulations:
(a) 
Composting facilities shall comply with all county, state, and federal regulations.
(b) 
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by non-agricultural land uses.
(c) 
All buildings, structures, and activity areas shall be located a minimum of 50 feet from all lot lines.
(d) 
No food scraps or other vermin-attracting materials shall be processed, stored, or disposed of on-site.
(e) 
Operations shall not involve the on-site holding, storage, or disposal of hazardous wastes as defined by State Statutes in any manner.
(f) 
Minimum required parking: One space for each employee on the largest work shift.
(3) 
Recycling and Waste Disposal: Recycling facilities not involving the on-site storage of salvage materials. Waste disposal facilities are any facilities and/or areas used for the disposal of solid wastes including those defined by Wisconsin Statutes 289.01(33), but not including Composting operations. Regulations:
(a) 
Recycling and Waste Disposal facilities shall comply with all county, state, and federal regulations.
(b) 
Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of the property.
(c) 
All buildings, structures, and activity areas shall be located a minimum of 50 feet from all lot lines.
(d) 
Any on-site holding, storage, or disposal of hazardous materials shall meet all local, state, and federal requirements and the business shall acquire and maintain all necessary permits, licenses, and registrations.
(e) 
Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and re-vegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110 percent of the costs determined to be associated with said restoration (as determined by a third party selected by the City), shall be filed with the City by the petitioner (subject to approval by the City Administrator), and shall be held by the City for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for Recycling and Waste Disposal facilities owned by public agencies).
(f) 
Minimum required parking: One space for each employee on the largest work shift.
(4) 
Salvage or Junkyard: Land or structure used for a salvaging operation including but not limited to: the above-ground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of unlicensed and/or inoperable vehicles intended for scraping or recycling. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use. This shall not include Vehicle Repair. Regulations:
(a) 
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property.
(b) 
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 50 feet from all roads and lot lines.
(c) 
In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.
(d) 
Any on-site holding, storage, or disposal of hazardous materials shall meet all local, state, and federal requirements and the business shall acquire and maintain all necessary permits, licenses, and registrations.
(e) 
Minimum required parking: One space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.
(5) 
Sand and Mineral Processing: Land or structure used for processing sand or minerals, extracted onsite or transported to the site, that remove the desired product from the mineral or enhance the characteristics of the sand or mineral. Regulations:
(a) 
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property.
(b) 
All outdoor storage areas, shall be located a minimum of 50 feet from all roads and lot lines.
(c) 
In no instance shall activity areas be located within a required bufferyard area.
(d) 
Any on-site holding, storage, or disposal of hazardous materials shall meet all local, state, and federal requirements and the business shall acquire and maintain all necessary permits, licenses, and registrations.
(e) 
The facility shall comply with all county, state, and federal regulations and be able to provide copies of all approved county, state, and federal permits.
(f) 
Minimum required parking: One space for every for each employee on the largest work shift.

§ 18-64 Energy production land uses and structures.

[Ord. No. 1240, 11-13-2012]
(1) 
Small Wind Energy Systems: A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which will be used primarily to reduce on-site consumption of utility power. A small wind energy system shall not exceed a rated capacity of 60 kW. Regulations:
(a) 
Permitted locations. A small wind energy system is permitted as a conditional use in any zoning district as an accessory structure.
(b) 
Total height. For property sizes up to 2 acres, the total height shall not exceed 60 feet. For property sizes between 2 and 5 acres, the total height shall not exceed 100 feet. For property sizes greater than 5 acres, the total height shall not exceed 150 feet.
(c) 
Location. No small wind energy system shall be located in any provided front or side yard.
(d) 
Setbacks.
1. 
Property lines. A small wind energy system shall be set back from the nearest property line, public road right of way and communication and electrical line not less than 1.1 times its total height.
2. 
Inhabited structures. A small wind energy system shall be set back from the nearest inhabited building other than the owner’s not less than 1.5 times its total height.
(e) 
Design standards.
1. 
Monopole or freestanding design. The design of the small wind energy system shall be of a monopole or freestanding design without guy wires.
2. 
Minimum blade height. The minimum height of the lowest extent of a turbine blade shall be 30 feet above the ground or 30 feet above any structure or obstacle within 100 feet from the tower.
3. 
Access. No tower shall have a climbing apparatus within 12 feet of the ground. All access doors or access ways to towers and electrical equipment shall be lockable.
4. 
Noise. No small wind energy system shall exceed 80 dBA as measured at the property line or 50 dBA as measured at the nearest neighboring inhabitable building.
5. 
Visual appearance. Small wind energy systems shall be finished in a rust-resistant, nonobtrusive finish and color that is non-reflective. No small wind energy system shall be lighted unless required by the FAA. No advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy system.
6. 
Electrical interconnections. All electrical connections shall be underground and comply with all applicable codes; public utility requirements; Chapter PSC 119 “Rules for Interconnecting Distributed Generation Facilities;” PSC Forms 6027 and 6028 “Standard Distributed Generation Application Form;” and PSC Forms 6029 and 6030, “Distributed Generation Interconnection Agreement.”
7. 
Shadowing/flicker. Wind energy systems shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant impact on neighboring or adjacent uses either through siting or mitigation.
8. 
Signs. All signs, both temporary and permanent, are prohibited on the wind energy system, except that the manufacturer’s identification and appropriate warning signs are allowed.
9. 
Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.
10. 
Signal interference. Efforts shall be made to site small wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system shall cause permanent and material interference with television or other communication signals.
11. 
Overspeed controls. Every small wind energy system shall be equipped with both manual and automatic overspeed controls.
(f) 
Conditional use permit application requirements. Conditional use applications for a small wind energy system shall include the following information:
1. 
Site plan to scale showing the location of the proposed wind energy system and the locations of all existing buildings, structures, public right of ways and property lines along with distances. The extent of the site plan shall include the area included in the minimum setbacks in Subsection (d).
2. 
Elevations of the site to scale showing the height, design and configuration of the wind energy system and the height and distance to all existing structures, buildings and electrical lines in relation to property lines.
3. 
Standard drawings and an engineering analysis of the systems tower including weight capacity.
4. 
A standard foundation design along with soil conditions and specifications for the soil conditions at the site.
5. 
Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system including the name and address of the manufacturer, model and serial number.
6. 
Emergency and normal shutdown procedures.
7. 
A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.
8. 
Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator unless the system will not be connected to the electricity grid.
9. 
A building permit shall be required and if necessary an electrical permit for the installation or modification of a wind energy system. Such system shall be installed and functioning within a period of 12 months from date of building permit issuance otherwise the conditional use permit shall be null and void and the applicant must start over on the conditional use process.
10. 
Sound level analysis prepared by the wind turbine manufacturer or qualified engineer.
11. 
Estimated cost to physically remove the wind energy system to comply with surety standards.
12. 
Evidence of compliance with or non-applicability with Federal Aviation Administration requirements.
13. 
Liability insurance coverage in the amount of $1,000,000 of which the City of Marshfield shall be the certificate holder.
(g) 
Abandonment.
1. 
At such time that a wind energy system is scheduled to be abandoned or discontinued operation, the applicant will notify the Zoning Administrator by certified U.S. mail of the proposed date of abandonment or discontinuance of operation.
2. 
The owner shall physically remove the wind energy system within 120 days of abandonment or discontinuance of operation. This period may be extended at the request of the owner and the discretion of the Zoning Administrator. Physically remove shall mean: Removal of the wind turbine, tower and related above grade structures and restoration of the location of the wind energy system to its natural condition, except that any landscaping, grading or below grade foundation may remain in the after conditions.
3. 
In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out of service for a continuous period of 120 days. After the 120 days of inoperability, the Zoning Administrator may issue a Notice of Abandonment to the owner of the wind energy system. The owner shall have the right to respond to the Notice of Abandonment within 30 days from notice receipt date. The Zoning Administrator shall withdraw such notice if the owner provides information that demonstrates the wind energy system has not been abandoned.
4. 
If the owner fails to respond to the Notice of Abandonment or if after review by the Zoning Administrator it is determined that the wind energy system has been abandoned or discontinued, the owner of the wind energy system shall remove the wind turbine, tower and related above grade structures at the owner’s expense within 90 days of receipt of the Notice of Abandonment. If the owner fails to physically remove the wind energy system after the Notice of Abandonment procedure, the City or their designee shall have the authority to enter the subject property and physically remove the wind energy system.
5. 
The Planning Commission shall have the authority to require the applicant to provide a form of surety (i.e., post a bond, letter of credit or establish an escrow account or by other means) at the time of construction to cover costs associated with the removal in the event the City must remove the wind energy system. The applicant shall submit a fully inclusive estimate of the costs associated with the removal, prepared by a qualified engineer. The amount shall include a mechanism to accommodate the rate of inflation over 15 years.
(h) 
Violation. It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this ordinance or with any condition contained in the conditional use site plan review issued pursuant to this ordinance.
(i) 
Penalties. Any person who fails to comply with any provisions of this ordinance, conditional use permit or building permit issued pursuant to this ordinance shall be subject to enforcement and penalties as allowed by this ordinance and Section 1-05 of the City of Marshfield Code of Ordinances.
(j) 
Waiver provisions. During the conditional use process, the Common Council may waive any portion of this ordinance in such cases where, in the opinion of the Planning Commission, strict conformity would pose an unnecessary hardship to the applicant and a waiver would not be contrary to the spirit and intent of this ordinance.
(2) 
Solar Energy System: An energy system which converts solar energy to usable thermal, mechanical, chemical, or electrical energy. Regulations:
(a) 
A valid electrical permit shall be obtained by the applicant prior to installation of any solar energy system.
(b) 
Roof top solar energy systems:
1. 
Are permitted by right in all zoning districts.
2. 
Are limited to the height restriction for principal buildings of the district in which they are located.
(c) 
Building-mounted solar energy systems:
1. 
Building-mounted solar energy systems that meet the setbacks for accessory structures are permitted by right in all zoning districts.
2. 
Building-mounted solar energy systems are limited to 20 feet in height or the height of the principal structure, whichever is greater.
(d) 
Free standing solar energy systems:
1. 
Free standing solar energy systems shall comply with the height limits for accessory buildings.
2. 
Free-standing solar energy systems shall adhere to the following setbacks:
a. 
Rear Yard: 5 feet.
b. 
Side Yard: 3 feet.
c. 
Front or Side Street Yard: The provided yard or the required setback for the zoning district, whichever is less.
d. 
Free standing solar energy systems that do not meet the setbacks above shall require a conditional use.
(e) 
See Article II for specific bulk, density, and intensity requirements for accessory structures in each district.
(f) 
No person in control of property shall allow a tree or shrub to be placed or grow so as to cast a shadow between the hours of 9:00 a.m. and 3:00 p.m. Central Daylight Saving Time, upon a solar collector energy system capable of generating more than 1,000,000 British thermal units per year, and which supplies a part of the energy requirements for improvements on the property where the solar energy system is permanently located. The provisions of this Subsection shall not require the removal of existing vegetation.

§ 18-65 Accessory land uses and structures.

[Ord. No. 1240, 11-13-2012; Ord. No. 1276, 4-22-2014; Ord. No. 1281, 7-8-2014; Ord. No. 1311, 8-11-2015; Ord. No. 1433, 5-12-2020; Ord. No. 1448, 1-26-2021]
(1) 
Minor Home Occupation: Economic activities performed within a residence. Examples include personal and professional services. Minor Home Occupations are intended to provide a means to accommodate a small home-based family or professional business without the necessity of a Conditional Use Permit or rezoning from a residential to a business district. Minor Home Occupations are limited to low intensity service-oriented businesses and businesses with a minimal number of short customer visits. Regulations:
(a) 
The Minor Home Occupation shall be conducted only within the enclosed area of the dwelling unit or garage.
(b) 
There shall be no exterior evidence of the Minor Home Occupation, no exterior alterations which change the character of the structure as a single family dwelling unit, and no signage identifying the Home Occupation.
(c) 
There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the Home Occupation.
(d) 
Except for one vehicle and one trailer, no storage or display of materials, goods, supplies, or equipment related to the operation of the Minor Home Occupation shall be visible outside any structure located on the premises.
(e) 
Minor Home Occupations shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(f) 
Minor Home Occupations may occupy no more than 10 percent of the floor area of the dwelling unit.
(g) 
Detached accessory buildings may only be used for storage and are not counted against the 10 percent allowance.
(h) 
Minor Home Occupations shall be carried out only by members of the immediate family residing on the premises.
(i) 
No structural alterations or construction involving features not customarily found in dwellings are allowed.
(j) 
Minor Home Occupations shall not involve manufacturing, processing, gunsmithing, the repair or dismantling of appliances, vehicles, or motors or construction of equipment and machinery.
(k) 
No Minor Home Occupation shall endanger the public health and safety and shall not interfere with other parcels in the neighborhood.
(l) 
No article may be sold or offered for sale on the premises; samples and goods may be kept, but not sold on the premises. Internet sales and private home or personal item events (such as Tupperware, Mary Kay, or similar events) are permitted and are not be considered a Home Occupation.
(m) 
Minimum required parking: No additional spaces required for Minor Home Occupations.
(2) 
Conditional Home Occupation: Conditional Home Occupations are intended to provide greater flexibility than Minor Home Occupations in terms of number of employees, number of customer visits, and allowable occupations. For example, retail trade may be conducted in a Conditional Home Occupation, whereas Minor Home Occupations are limited to service-oriented businesses and businesses that do not generate customer visits. Regulations:
(a) 
The Conditional Home Occupation shall be conducted only within the enclosed area of the dwelling unit or garage.
(b) 
There shall be no exterior alterations which change the character of the structure as a single family dwelling unit and/or exterior evidence of the Conditional Home Occupation, other than those signs permitted in the district.
(c) 
Except for one vehicle and one trailer, no storage or display of materials, goods, supplies, or equipment related to the operation of the Conditional Home Occupation shall be visible outside any structure located on the premises.
(d) 
There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the Conditional Home Occupation.
(e) 
The Plan Commission may grant exceptions to any of the above requirements (a) through (e).
(f) 
Conditional Home Occupations may occupy no more than 50 percent of the floor area of the dwelling unit including the garage.
(g) 
Conditional Home Occupation dwellings are limited to be a maximum of 3,000 square feet including the basement.
(h) 
Conditional Home Occupations may employ one employee not residing at the home.
(i) 
Under no circumstances shall a vehicle repair shop or body work business qualify as a Conditional Home Occupation.
(j) 
No Conditional Home Occupation shall endanger the public health and safety and shall not interfere with other parcels in the neighborhood.
(k) 
Minimum required parking shall be reviewed at the time of conditional use permit review.
(l) 
Conditional Home Occupations must be reviewed by the Building Inspector and shall meet Wisconsin Commercial Building Code requirements.
(m) 
Sale or transfer of the property shall cause the conditional use permit to be null and void.
(3) 
In-Home Daycare: Occupied residences in which a qualified person or persons provide childcare for 4 to 8 children. The care of less than 4 children is not subject to the regulations of this Chapter.[1]
[1]
Editor's Note: See § 66.1017(1)(a), Wis. Stats.
(4) 
In-Family Suite: An area within a dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, and sleeping areas, including exterior porches, patios, and decks. In addition to the required internal physical connection, separate outdoor access or separate access to the garage may be provided. However, external stairs serving as the primary access to the In-Family Suite are prohibited. Regulations:
(a) 
In-Family Suites may not be occupied by a non-family member.
(b) 
In-Family Suites should be considered and regulated as part of a single family dwelling unit.
(c) 
The principal dwelling unit and the In-Family Suite shall together appear as a single family dwelling.
(d) 
A separate walled garage area or driveway is not permitted.
(e) 
A separate address for the In-Family Suite is not permitted.
(f) 
A separate utility connection or meters are not permitted.
(g) 
A physical all-weather connection between the main living area and the In-Family Suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other non-living area. A door may be used to separate the In-Family Suite from the principal dwelling, but may not be locking, except that a locking door may be used for the bedroom and bathroom doors of the In-Family Suite.
(h) 
When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an In-Family Suite, the building plan shall be marked as “not a separate dwelling unit or apartment,” and a signed letter from the applicant stating agreement with this condition shall be filed.
(5) 
Accessory Dwelling Unit: Residential dwelling unit located on the same lot as a single family dwelling unit, either in the same building as the single family dwelling unit or in a detached building. Regulations:
(a) 
The number of occupants of the Accessory Dwelling Unit shall not exceed one family plus one roomer or 2 unrelated individuals.
(b) 
Additional entrances shall not be added to the front elevation of an existing building, but may be added to side or rear or street side elevations.
(c) 
Accessory Dwelling Units shall adhere to the setback requirements and standards for the underlying zoning district.
(d) 
Accessory Dwelling Unit entryways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.
(e) 
For Accessory Dwelling Units located on the same lot as a single family dwelling unit, the following additional regulations shall apply:
1. 
Principal building must be owner-occupied.
2. 
The Accessory Dwelling Unit shall not be sold separately from the principal dwelling.
3. 
The maximum size of an Accessory Dwelling Unit shall not exceed 75 percent of the principal dwelling’s floor area, up to a maximum size of 700 square feet.
4. 
The appearance or character of the principal building must not be significantly altered so that its appearance is no longer that of a single family dwelling.
5. 
The exterior finish material must match in type, size and placement, the exterior finish material of the principal dwelling unit.
6. 
The roof pitch must match the predominant roof pitch of the principal dwelling unit or structure.
7. 
Trim must match the trim used on the principal dwelling unit.
8. 
Projecting eaves must match those of the principal dwelling unit or structure.
9. 
Windows must match those in the principal dwelling unit in both proportion (relationship of width to height) and orientation (horizontal or vertical).
(6) 
Farm Residence: A Farm Residence is a single family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Section 18-56.
(7) 
Migrant Employee Housing: Migrant Employee Housing includes any facility subject to the regulation of Wisconsin Statutes, Section 103.90(3)(a). Regulations:
(a) 
Migrant Employee Housing shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines abutting all properties in residential, office, or business zoning districts.
(b) 
Migrant Employee Housing shall be an accessory use to an active principal land use and under the same ownership.
(8) 
Residential Accessory Structure: Structures primarily used to shelter parked vehicles (including garages and carports) or to store residential maintenance equipment of the subject property (such as a shed). Other examples may include personal greenhouse, lean-to, pool house, personal recreation area, and workshop. Regulations:
(a) 
Two residential accessory structures shall be permitted by right for each dwelling unit for single-family , two-family, and multi-family uses Attached garage shall not count towards this total.
(b) 
A combined total of 1,500 square feet of gross ground floor area of all accessory structures on the property is permitted by right when the ground floor area of the single-family principal structure if 1,200 square feet or greater in area. A combined total of 1,200 square feet of gross ground floor area of all accessory structures on the property is permitted by right when the ground floor area of the sing-family principal structure is less than 1,200 square feet.
(c) 
Residential Accessory Structures up to 900 square feet of gross ground floor area per unit are permitted by right for buildings with two dwelling units or greater.
(d) 
The measurement of accessory building size shall include the total of all detached or attached accessory structures on the lot. Accessory uses and structures listed in Section 18-65(10)(19) are not counted towards the total square foot allowance.
(e) 
A conditional use permit is required for exceptions to any of the above regulations.
(f) 
No accessory use, building, or structure, except as stated in subsections (1 and 2) below, shall be constructed prior to the construction of the principal structure, this section shall not be construed to govern the sequencing of a construction project in which both the principal and accessory structures are to be built simultaneously.
1. 
Sheds under 200 square feet that are intended for storage of landscaping and property maintenance equipment for a vacant site are permitted.
2. 
A Residential Accessory Structure may be constructed on a vacant parcel which abuts a property under the same ownership if the owner complies with subsection a below;
a. 
The property owner shall file an agreement and deed restriction with the register of deeds for the County in which the property resides as approved by the Zoning Administer, that prohibits the sale of the lot with the accessory use separately from the lot with the principal use to which it is associated (i.e. both lots must be sold together) and that such restriction remains in perpetuity.,
(g) 
Garage or carport setbacks on corner lots.
1. 
For lots 50 feet wide and less, the street side setback of a garage may be reduced to no less than 17 feet where the garage doors are parallel to the right-of-way along the street side yard.
2. 
For lots more than 50 feet wide, the street side setback of a garage may be reduced to no less than 20 feet where the garage doors are parallel to the right-of-way along the street side yard.
(h) 
Detached accessory structure setback.
1. 
Front yards.
a. 
Detached accessory structure must comply with either the required front yard setbacks, or the setback of the existing façade facing the front yard street, whichever is more permissive. On an interior lot, the minimum front yard setback for a detached garage is 20 feet.
b. 
Detached accessory structures shall not be located entirely between the principal building and the right-of-way in the front yard. See Figure 18-65 for example.
2. 
Street side yards.
a. 
Garages and carports must comply with subsection (g) above if the garage door or front opening of a carport is parallel to the right-of-way along a street. All other detached accessory structures shall be set back a minimum of 3 feet from the right-of-way.
3. 
Side yards.
a. 
All detached accessory structure shall be set back at least 3 feet from all side yard property lot lines.
4. 
Rear yards.
a. 
All detached accessory structure shall be setback at least 5 feet from all rear yard property lines unless greater setbacks are required in other sections of this Chapter.
b. 
For rear yards on a double frontage lot, detached accessory structure shall be setback from the right-of-way, a minimum of 20 feet or the average, per the requirements Section 18-72, whichever is more permissive.
c. 
Detached garages or carport that have direct street access from the rear yard must have a minimum setback of 20 feet.
5. 
In those instances where the rear or side lot line is coterminous with an alley right-of-way, the Minimum Garage Setback to Alley requirements of the district shall apply.
6. 
An accessory structure existing at the time of adoption of this Chapter may be reconstructed on the same footprint regardless of setback.
(i) 
Accessory structure attached to principal buildings. When an accessory structure is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this chapter applicable to principal buildings except where encroachments are specifically allowed elsewhere in this chapter.
Figure 18-65: Accessory Structures in Front Yard.
018 Figure 18-65.tiff
(9) 
Nonresidential Accessory Structure: Structures subordinate to the principal building and/or use as determined by the Zoning Administrator. Some examples include gas station canopies and building or structures used to shelter business vehicles, store equipment, and showcase and store materials that are sold on site. Accessory structures and uses for public facilities are exempt from the regulations listed below. Regulations:
(a) 
Three total structures shall be permitted by right for all nonresidential uses. City parks schools, and property zoned IP, LI, GI, or RD are permitted to have more than three accessory structures.
(b) 
No accessory use, building, or structure shall be constructed prior to the construction of the principal structure, except for an accessory structure when abutting a lot under the same ownership that contains the principal building. City parks and schools are exempt from this requirement.
(c) 
A conditional use permit is required for exceptions to any of the above regulations.
(d) 
Garage or carport setbacks on corner lots.
1. 
For lots 50 feet wide and less, the street side setback of a garage may be reduced to no less than 17 feet where the garage doors are parallel to the right-of-way along the street side yard.
2. 
For lots more than 50 feet wide, the street side setback of a garage may be reduced to no less than 20 feet where the garage doors are parallel to the right-of-way along the street side yard.
3. 
For lots more than 50 feet wide, the average setback of the 4, or fewer, nearest buildings may be used to determine the street side setback of a garage, but in no case shall the reduced setback be less than 20 feet.
(e) 
Detached accessory structure setback.
1. 
Front yards.
a. 
Detached accessory structures must comply with either the required front yard setbacks or the setback of the existing façade facing the front yard street, whichever is more permissive. On an interior lot, the minimum front yard setback for a detached garage is 20 feet.
b. 
Accessory buildings shall not be located entirely between the principal building and the street in the front yard. See Figure 18-65 for example.
2. 
Street side yards.
a. 
Garages and carports must comply with subsection (d) above if the garage door or front opening of a carport is parallel to the right-of-way along a street. All other detached accessory structures shall be set back a minimum of 3 feet from the right-of-way.
3. 
Side yards.
a. 
All detached accessory buildings shall be set back a minimum of 3 feet from all side yard property lot lines.
4. 
Rear yards.
a. 
All detached accessory structures shall be setback at least 5 feet from all rear yard property lines unless greater setbacks are required in other sections of this Chapter.
b. 
For rear yards on a double frontage lot, detached accessory structure shall be setback from the right-of-way, a minimum of 20 feet or the average, per the requirements Section 18-72, whichever is more permissive.
c. 
Detached garages that have direct access from the rear yard must have a minimum setback of 20 feet.
5. 
In those instances where the rear or side lot line is coterminous with an alley right-of-way, the Minimum Garage Setback to Alley requirements of the district shall apply.
6. 
An accessory structure existing at the time of adoption of this Chapter may be reconstructed on the same footprint regardless of setback.
(f) 
Accessory structure attached to principal buildings. When an accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this chapter applicable to principal buildings except where encroachments are specifically allowed elsewhere in this chapter.
(10) 
Recreational Facility: This land use includes all active outdoor recreational facilities. Common examples include swing sets, tree houses, play houses, basketball courts, tennis courts, swimming pools, recreation-type equipment, pavilions, and other recreational facilities in public parks. Regulations:
(a) 
All private recreation facilities and their attendant structures shall comply with the bulk requirements for accessory buildings.
(b) 
Materials and lighting at said property line are to be equal to or less than 0.5 footcandles (see Section 18-104).
(c) 
Swimming pools shall be regulated by the performance standards provided in Section 18-107.
(11) 
Deck: A structure that has no roof or walls and is considered part of a building or structure. Setbacks shall be measured from the post of the deck. Regulations:
(a) 
Decks that exceed 18 inches in height from grade and are attached to the principal structure are subject to the setback regulations for the principal structure.
(b) 
Decks and those lower than 18 inches above grade are subject to the setback regulations of a detached accessory building unless otherwise allowed by other sections of this Chapter (i.e. encroachments into the required setbacks).
(12) 
Landscape Feature: This land use includes features such as little libraries, ponds, gazebos, pergolas, patios, retaining walls, and other manmade lawn and landscaping elements. Regulations:
(a) 
All Landscape Features shall be setback a minimum of 3 feet from the property line, except retaining walls, which may be located up to the property line.
(13) 
Residential Kennel: An enclosed structure designed for the keeping of dogs and/or cats that is accessory to a residential use. Regulations:
(a) 
Outdoor containments for dogs and/or cats shall be subject to the setback requirements for accessory buildings for the district in which they are located.
(14) 
Residential Stable: An accessory building that is designed for the keeping of equines for the private use of the occupants of the principal dwelling and their guests, but in no event for hire. Regulations:
(a) 
Outdoor containments for equines shall be located a minimum of 25 feet from any residentially zoned property.
(b) 
A minimum lot area of 175,000 square feet (4 acres) is required for a private residential stable.
(c) 
A maximum of one horse per 2 acres of fully enclosed (by fencing and/or structures) area is permitted.
(d) 
The minimum permitted size of horse or similar animal stall shall be 100 square feet.
(15) 
Outdoor Wood Boiler: An outdoor accessory structure designed to heat air or liquid through a wood fire and then transmit that heated air or water to the principal building for direct use and/or heating the principal building. Regulations:
(a) 
The outdoor wood boiler shall be set back from all property lines and roads a distance equal to the minimum required yards for principal buildings.
(b) 
The outdoor wood boiler shall be separated by at least 200 feet from any dwelling unit on an abutting property.
(16) 
On-Site Parking: On-Site Parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed, and operable. Regulations:
(a) 
Access and vehicular circulation shall be designed to discourage cut-through traffic.
(17) 
Company Cafeteria: A food service operation which provides food only to company employees and their guests. Regulations:
(a) 
Company Cafeterias shall meet state food service requirements.
(b) 
Company Cafeterias shall be located on the same property as a principal land use engaged in an operation other than food service.
(18) 
Onsite Ancillary Use: Uses incidental to the principal uses, including the sale and display of merchandise or equipment outside of an enclosed building, indoor sales, concession stands, and light industrial activities. Regulations:
(a) 
Ancillary uses shall not exceed 25 percent of gross floor area of principal building(s) on the site.
(b) 
Ancillary uses may be in detached structures when part of a group development or public park.
(c) 
Onsite ancillary uses in residentially zoned districts. All onsite ancillary uses shall be permitted in residentially zoned districts only if the principal use of the property is multifamily or institutional and when the use is intended for those already on the premises.
1. 
Common examples for multifamily include indoor or outdoor gather spaces and on-site recreation facilities.
2. 
Common examples for institutional uses include concession stands, small indoor sales, and personal service space in parks, schools, churches, large community living arrangements, and similar institutional uses.
(19) 
Short-Term Rental: A residential dwelling unit that is offered for rent for a fee and for fewer than 29 consecutive days, as defined in Wis. Stat. Sec. 66.0615(1)(dk)
(a) 
Regulations related to Short-Term Rentals can be found in Chapter 9, Article XI of the Municipal Code.

§ 18-66 Temporary uses.

[Ord. No. 1240, 11-13-2012; Ord. No. 1289; 11-11-2014; Ord. No. 1336, 7-12-2016; Ord. No. 1501, 10-10-2023]
All of the following temporary uses shall comply with Section 18-162, standards and procedures applicable to all temporary uses, except as otherwise exempted in this Chapter.
(1) 
Temporary Farm Product Sales: This land use includes the temporary outdoor display and sales of farm products, typically from a roadside stand. Regulations:
(a) 
Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(b) 
If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.
(c) 
Adequate parking shall be provided.
(2) 
Temporary Outdoor Sales: Includes the display of any items outside the confines of a building, which is not otherwise permitted as a permitted or conditional use, or a special event otherwise regulated by the Municipal Code. Examples of this land use include, but are not limited to, sidewalk sales, seasonal garden shops, tent sales, Christmas tree sales, fireworks sales, and outdoor food vendors for 30 days or less. Regulations:
(a) 
Temporary outdoor sales shall be limited to 30 days (beyond 30 days the land use is an Outdoor Display or Outdoor Commercial Entertainment for outdoor food vendors).
(3) 
Temporary Outdoor Assembly: Includes any organized temporary outdoor assembly such as outdoor weddings, wedding receptions, tent meetings, or public gatherings. Regulations:
(a) 
Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(b) 
If subject property is abuts a residentially zoned property, activities shall cease at 10:00 p.m. unless a noise variance is granted by the Common Council.
(c) 
Adequate provisions for crowd control shall be made, and shall be described within the temporary use application.
(d) 
Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the temporary use application.
(e) 
Any temporary structures used in association with this use shall be removed within 48 hours after the event.
(4) 
Temporary Shelter Structure: These structures are typically supported by poles, have a fabric or plastic roof and/or sides, do not have a foundation, and do not comply with Chapter 15 Buildings and Building Regulations of the City of Marshfield Code of Ordinances. Such structures are often advertised for the outdoor storage of vehicles and other personal property. Such structures do not include camping tents, temporary gazebos, permanent Residential Accessory Buildings (including car ports, sheds, and garages), and temporary structures associated with permitted Temporary Outdoor Assembly. Regulations:
(a) 
One Temporary Shelter Structure may be permitted per lot.
(b) 
Temporary Shelter Structures shall meet the required setbacks for a Residential Accessory Building.
(c) 
Temporary Shelter Structures are not permitted to be up for more than 180 days in a calendar year.
(d) 
Structures over 100 square feet in area require a land use permit.
(e) 
Existing temporary shelter structures are hereby amortized for a period not to exceed ten years from date of the passage of this ordinance. Any new structures shall comply with the above requirements.
(5) 
Temporary Storage Container: These containers are portable storage containers designed and used primarily for the temporary storage of household goods and other such materials for use on a limited basis on residential property. Regulations:
(a) 
The container shall not exceed outside dimensions of 16 feet in length, 8 feet in width, and 9 feet in height.
(b) 
The container shall be permitted on the property for up to 14 days associated with each change of occupancy as defined by a recorded change in property ownership or valid lease.
(c) 
The container cannot encroach on the public right of way, neighboring property, sidewalk, or be placed in the street.
(d) 
The container must be placed on asphalt, concrete, gravel, or other hard-paved surface.
(6) 
Temporary On-Site Construction Storage: Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project. Regulations:
(a) 
The structure shall be removed within 10 days of issuance of occupancy permit.
(b) 
Projects requiring the structure to be in place for more than 365 days shall require a conditional use permit.
(c) 
The structure shall be limited to a maximum area not exceeding 10 percent of the property’s gross site area.
(7) 
Temporary contractor’s project office. Includes any structure containing an on-site construction management office for an active construction project. Regulations:
(a) 
The structure shall be removed within 10 days of issuance of occupancy permit.
(b) 
Shall not be used for sales activity.
(c) 
Projects requiring land use to be in place for more than 365 days shall require a Conditional Use Permit.
(8) 
Temporary on-site real estate sales office. Includes any building which serves as an on-site sales office for a development project. Regulations:
(a) 
The structure shall not exceed 5,000 square feet in Gross Floor Area.
(b) 
The structure shall be removed or converted to a permitted land use within 10 days of the completion of sales activity.
(c) 
Projects requiring land use to be in place for more than 365 days shall require a conditional use permit.
(9) 
Temporary Relocatable Building: Includes any manufactured building which serves as a temporary building for less than 6 months. Regulations:
(a) 
Facilities serving for more than 12 months shall be considered conditional uses and are subject to the general standards and procedures presented in Section 18-161.
(b) 
The structure shall be limited to a maximum area not exceeding 10 percent of the property’s gross site area.
(10) 
Garage or estate sale (auction). Garage or Estate Sales include the sale or offering for sale of miscellaneous used items commonly associated with residential use. Regulations:
(a) 
Permits are not required for Garage or Estate Sales.
(b) 
Sales shall occur only during daylight hours.
(c) 
No sale shall exceed 4 consecutive days in duration.
(d) 
Not more than 4 sales shall be held within one calendar year.
(11) 
Farmer’s market. Farmer’s Markets include the temporary or occasional outdoor retail sales of farm produce, plants and flowers, bakery goods, and/or crafts from vehicles or temporary stands located within a parking lot or public right of way. Food trucks are permitted with property owner signature and applicable City of Marshfield licenses. Regulations:
(a) 
Facility shall have vehicular access to a collector or higher classification street.
(b) 
Minimum required parking: One space per vendor, plus adequate parking to accommodate customer traffic.