Marshfield Wood County
City Zoning Code
City Zoning Code
ARTICLE VII
Design and Performance Standards
§ 18-100 Purpose.
[Ord. No. 1240, 11-13-2012]
The purpose of this Article is to regulate the design and performance standards of developments within the City to maintain and enhance the attractiveness and values of property in the community.
§ 18-101 Access standards.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this Section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of access to public rights-of-way.
(2)
Applicability. The requirements of this section shall apply to each access drive onto a public street or right of way in all new development.
(3)
Review and approval. The City Engineer shall review and approve all proposed access drives on the subject property.
(4)
Angle of intersection with public right of way. All access drives shall intersect at an angle of 90 degrees wherever possible.
(5)
Distance from property line. The distance from an access drive to the property line of an abutting property shall not be less than 3 feet, as measured along the property line, except for existing driveways, driveways on lots of 50 feet in width or less, and shared driveways.
(6)
Width of driveways. Except on lots 50 feet wide or less, all access drives shall have a minimum width of 12 feet for single and two family dwellings. Access drives for all other uses shall be determined by the City Engineer.
(7)
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards. Traffic into and out of all off-street parking, loading, and traffic circulation areas serving 6 or more parking spaces shall be forward moving, with no backing into streets or pedestrian ways. Traffic control devices shall be required as approved by the City Engineer.
(8)
Traffic Study: If it is determined by the City Engineer or Plan Commission that a proposed nonresidential development will have a substantial impact to traffic, the City may require that a traffic impact analysis be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. It shall be conducted by a third party agreed upon by both the applicant and City at the applicant's expense. The components of the traffic impact analysis shall be determined by the City Engineer or Plan Commission.
(9)
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.
(10)
Paving of access. All access approach areas located within a street right of way shall be paved to the satisfaction of the City Engineer with a hard, all-weather surface, and shall be maintained so as to prevent the transport of gravel, dirt, or other eroded material from the subject property into the right of way. When the street has curb and gutter the hard surface between the right of way and the curb shall be concrete. This requirement must be fulfilled before building occupancy to the satisfaction of the City Engineer.
§ 18-102 Visibility standards.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this Section is to alleviate or prevent congestion of public and private rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility.
(2)
Applicability. The requirements of this Section shall apply to all new development.
(3)
Review and approval. The City Engineer shall review and approve all developments for conformance with this Section. The City Engineer may grant exceptions to the requirements of this section if the intersection is controlled, or if the structure within the triangle does not obstruct visibility for traffic.
(4)
Vision triangle at public streets. A vision triangle extending 30 feet from all public street right of way intersections shall be maintained. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 ½ feet and 8 feet. Development in the DMU and UMU districts shall be exempt from this requirement.
(5)
Vision triangle at alleys and driveways. A 10 foot by 10 foot triangle extending from the edge of a driveway or alley and the right of way shall be maintained. No wall, fence, structure, utility structure or appurtenance or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 ½ feet and 8 feet. Development in the DMU and UMU districts shall be exempt from this requirement.
Figure 18-102: Visibility standards.  |
§ 18-103 Off-street parking and traffic circulation.
[Ord. No. 1240, 11-13-2012; Ord. No. 1253, 7-9-2013; Ord. No. 1269, 3-11-2014; Ord. No. 1383, 7-10-2018]
(1)
Purpose. The purpose of this Section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation.
(2)
Applicability. The requirements of this Section shall apply to all new development. Any parking requirements may be modified, reduced, or waived by the Plan Commission with the issuance of a conditional use permit.
(3)
Review and approval. Through the site plan review process (see Section 18-164), the Zoning Administrator shall review and approve all development for conformance with this Section.
(4)
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. A garage stall, meeting the access requirements of Subsection (7)(h), below, shall be considered a parking space.
(5)
Minimum required off-street parking spaces. Off-street parking requirements for each land use (see Article III) are generally tied to the use’s capacity and gross floor area or the number of employees at the subject property during the largest work shift. The term “capacity” means the maximum number of persons that may be accommodated by the use as determined by its design or number of persons expected at one time by the facility, excluding special events. . The term “employee(s) on the largest work shift” means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Where said parking needs of any land use exceed the minimum requirements of this Chapter, the City may require additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand to be provided by said land use.
(6)
Parking requirements for new development and change of land use.
(a)
All required parking for new development, including aisles, must be provided on-site or on adjoining property if owned or controlled by the owner of the subject property and hard surfaced within one year of occupancy.
(b)
All additional required parking, new parking areas, aisles, and/or new access points, for a change in land use that triggers an increase in the parking requirements, must be provided on-site or on adjoining property if owned or controlled by the owner of the subject property and hard surfaced within one year of occupancy.
(7)
Off-street parking and traffic circulation standards.
(a)
Circulation. The site shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the general rules of the road. All traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices or other requirements as determined by the City Engineer.
(b)
Surfacing and marking. All new and expanded off-street parking and traffic circulation areas (including all residential driveways) shall be paved with a hard, all-weather or other surface to the satisfaction of the City Engineer. Said surfaces intended for 10 or more parking stalls shall be marked in a manner which clearly indicates required parking spaces.
1.
The following are exempt from the surfacing requirements in (b) above.
a.
All driveways in the RH-35 district.
b.
Driveways where the only access is through a non-paved alley.
c.
New parking areas for company vehicles, traffic circulation areas, and outdoor storage yards, when not used for customer and staff vehicle parking zoned “GI” General Industrial district, may be gravel or some other surface approved by the City Engineer, only if all the following conditions are met:
i.
The gravel or similar surface has a delineated boundary.
ii.
The gravel or similar surface area is setback at least 50 feet from any stormwater management facility.
iii.
The site has a hard surfaced driveway access.
iv.
The gravel or similar surface may not be located within 15 feet from any property line.
v.
The driveway to the site is hard surfaced at a length of at least 50 feet from the right of way.
(c)
Access. Except for single family and two family dwellings, each off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a street on a public right-of-way of 60 feet in width or greater. All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley, in a manner which least interferes with traffic movements. All new access aprons from the street to the edge of sidewalk or right-of-way shall be paved with a hard, all-weather or other surface to the satisfaction of the City Engineer.
(d)
Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage. Snow storage shall not adversely affect any abutting property owner.
(e)
Lighting. All off-street parking and traffic circulation areas serving 10 or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. The illumination level shall not exceed the standards of Section 18-104. In addition, light bulbs on the subject property shall not be visible from residentially zoned property.
(f)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Chapter 24 of the City of Marshfield Code of Ordinances.
(g)
Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in Article VIII.
(h)
Parking space design standards. Other than handicapped parking, each off-street parking space shall comply with the minimum requirements of Figure 18-103(b). The minimum required length of parking spaces shall be 18 feet. All parking spaces shall have a minimum vertical clearance of at least 9 feet. The Zoning Administrator may grant exceptions to these standards.
(i)
Handicapped parking spaces. Handicapped parking shall be provided at a size, number, location, and with signage as specified by state and federal regulations.
(j)
Parking lot design standards. Horizontal widths for parking rows and aisles shall meet the standards listed in Figure 18-103(b) unless granted an exception by the City Engineer. The parking lot must also adhere to the design standards for landscaping found in Section 18-133(3)(d). Additional design standards may apply to group developments and/or large developments (See Section 18-114).
(k)
Partial or phased development of required parking spaces. Any development may seek permission to not install a portion of its required parking at time of site plan review; however, the site plan shall depict the minimum number of required parking spaces.
(8)
Joint and cooperative parking facilities.
(a)
Parking facilities which have been approved by the City Engineer to provide required parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses. However, this aggregate requirement may be reduced or expanded if part of a cooperative parking facility, the Zoning Administrator approves a reduction under Section 18-103(15), or the total number of required parking is reduced by the Plan Commission through a conditional use permit.
(b)
The applicant(s) for approval of a joint parking facility shall demonstrate to the satisfaction of the City Engineer that there is no substantial conflict in the demand for parking during the principal operating hours of the two of more uses for which the joint parking facility is proposed to serve.
(c)
Cooperative parking facility. Up to 15 percent reduction in the number of required parking spaces for 4 or more separate uses; 10 percent for 3 separate uses; and 5 percent for 2 separate uses may be authorized by the Zoning Administrator following approval of a plan which provides for a collective parking facility of, serving 2 or more buildings or uses, developed through voluntary cooperation or under any parking district which may hereafter be provided by law.
(d)
Joint but alternate use. The administrator may authorize the joint use of parking facilities under the following conditions:
1.
Up to 50 percent of the parking facilities by nighttime uses may be supplied by the off-street parking facilities of daytime uses.
2.
Up to 50 percent of the parking facilities of daytime uses may be supplied by the off-street parking facilities of nighttime uses.
3.
Up to 100 percent of the parking facilities of a church or auditorium incidental to a grade school may be supplied by the off-street parking facilities of daytime uses.
4.
For the purposes of this section, daytime uses are defined as offices, banks, retail stores, personal service or repair shops, household equipment or furniture stores, manufacturing or wholesale, or similar primarily daytime uses; and nighttime uses are defined as auditoriums incidental to grade schools, churches, bowling alleys, dancehalls, theaters, bars or restaurants, motels, or similar primarily nighttime or Sunday uses and R-8 and R-9 nonelderly, multifamily housing.
5.
Conditions required for joint use shall be as follows:
a.
The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities or a longer distance as permitted by the plan commission through a conditional use permit.
b.
The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
c.
A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the administrator. Joint use parking privileges shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required in this chapter.
(9)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking on a residential lot shall not be located between the principal structure and a street right of way, except within residential driveways, parking pads, and parking lots designated on the approved site plan.
Figure 18-103(a): Minimum Driveway Expansion and Parking Pad Setback.  |
(10)
Throat length. The throat length for all new nonresidential and new multiple family residential development shall be reviewed and determined by the City Engineer based upon traffic patterns and safety concerns.
(11)
Potential reduction in parking. The Plan Commission may decrease the required number of off-street automobile parking spaces based upon information furnished by the applicant that indicates, to the satisfaction of the Plan Commission, that actual off-street parking demand for that particular use is less than the required standard set forth in this Chapter or that the demand can be adequately met by on-street or public parking without detrimental impact to the surrounding neighborhood.
(12)
Maintenance. The City Engineer may require the property owner to replace portions of parking areas in disrepair. .
(13)
Setbacks. The distance from an off street parking area to the property line of an abutting property shall not be less than 3 feet, as measured along the property line, except for existing driveways, driveways on lots of 50 feet in width or less, and shared driveways. Existing parking areas may be maintained, repaired, or replaced at their setback as of the effective date of this chapter. Residential land use parking areas and the edge of driveway additions (see Figure 18-103(a)) shall have a 5 foot setback from the front and street yard property line.
(a)
Except in the DMU and UMU districts, there shall be a minimum 10 foot setback for any driveway width additions or parking pads in the front and street side yards for any nonresidential use. See Figure 18-103(a). Driveways adjacent to alleys are exempt from this requirement.
(14)
Parking requirement exceptions. Exceptions to parking requirements shall be as follows:
(a)
DMU Downtown Mixed Use exception. The Plan Commission may grant exceptions, through the issuance of a conditional use permit, to the off-street parking requirements in the DMU district, where, because of small lot sizes or historic development patterns, it is either impractical or infeasible to meet the provisions of this section.
(b)
Elderly housing developments. The Plan Commission may grant exceptions, through the issuance of a conditional use permit, to the off-street parking requirements for certain elderly housing developments where the developer can successfully demonstrate that automobile ownership will be sufficiently low so that the required number of stalls would be unnecessary. In no instance may the number of stalls be reduced to less than 0.5 per dwelling unit.
(c)
Off-site parking. The Plan Commission may grant exceptions, through the issuance of a conditional use permit, whenever required parking and loading spaces cannot be located on a parcel because of development restrictions imposed by the presence of an existing principal structure which is to continue in use or to other conditions requiring off-parcel parking and to the distance requirements in Subsections (14)(c)1 and (14)(c)2 of this section. Required parking may then be provided off the parcel, for permitted uses only, subject to the following requirements:
1.
If the use is residential, hotel, motel, or tourist home, the off-site spaces shall be within 200 feet of the principal entrance or the entrance for individual occupants for whom spaces are reserved.
2.
If the use is other than residential, hotel, motel or tourist home, the farthest portion of the parking lot shall be within 1,000 feet of an entrance to the establishment.
3.
Distances indicated in Subsections (14)(c)1 and (14)(c)2 of this section shall be measured along routes generally available to the pedestrians involved.
4.
Off-site parking areas shall be held in fee simple by the same owner as the use requiring the off-street parking space, or under lease, rental, or other form of agreement satisfactory to the plan commission with respect to ensuring continuing availability for required off-site parking for the use.
(d)
Hard-surfacing. The Plan Commission may grant exceptions, through the issuance of a conditional use permit, to temporarily or permanently wave the hard-surfacing requirements of this Section.
(e)
Setbacks. The Plan Commission may grant exceptions, through the issuance of a conditional use permit, reduce or wave the setback requirements of this Section (18-103).
(f)
Other exceptions to the parking requirements may be granted by the Plan Commission through the issuance of a conditional use permit. Exceptions may only be granted where unique circumstances exist and extraordinary hardships or particular difficulties may result from strict compliance with this section and further provided that such exception shall not impair the general purposes of this section and the overall chapter.
(15)
The Zoning Administrator may allow a reduction in the number of parking spaces constructed provided that the applicant can demonstrate on a site plan that the property has enough room to accommodate the required parking spaces.
Figure 18-103(b): Parking Layout Dimensions | |||||
|---|---|---|---|---|---|
Minimum Permitted Dimensions | Parking Angle in Degrees | ||||
0° | 45° | 60° | 75° | 90° | |
Stall Width at Parking Angle (SW) | 9.0’ | 9.0’ | 9.0’ | 9.0’ | 9.0’ |
Stall Width Parallel to Aisle (WP) | 17’ | 12.7’ | 10.4’ | 9.3’ | 9.0’ |
Stall Depth to Wall (D) | 9.0’1 | 17.5’1 | 19.0’1 | 19.5’1 | 18.5’1 |
Stall Depth to Interlock (DI) | N/A | 15.3’ | 17.5’ | 18.8’ | N/A |
Stall Length (SL) | 18.0’ | 18.0’ | 18.0’ | 18.0’ | 18.0’ |
Aisle Width (AW) | 12.0’1 | 12.0’1 | 16.0’1 | 17.20’1 | 24.0’ |
Notes: 2This dimension represents (AW) for one-way traffic. | |||||
 |
§ 18-104 Exterior lighting standards.
[Ord. No. 1240, 11-13-2012; Ord. No. 1270, 3-11-2014]
(1)
Purpose. The purpose of this Section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
(2)
Applicability. The requirements of this Section apply to all new private exterior lighting within the jurisdiction of this Chapter, except for the following, provided the lighting is not causing nuisance to adjoining property owners or to the public:
(a)
Lighting within public rights-of-way and/or lighting located on public property including parks, athletic fields, and fairground uses.
(b)
Lighting for public monuments, statuary, and flags.
(c)
Lighting solely for signs (regulated by the Sign Ordinance).
(d)
Temporary lighting for theatrical, television, performance areas, community events, construction sites, seasonal/holiday lighting, or similar temporary uses.
(e)
Underwater lighting in swimming pools and other water features.
(f)
Lighting that is only used under emergency conditions.
(g)
Lighting exempted as part of a Conditional Use Permit.
(h)
Lighting required by the FCC, FAA, Airport, and State or Federal law.
(i)
Lighting required for air navigation.
(j)
All lighting luminaires and light poles existing prior to the effective date of this Section shall be considered grandfathered and may be replaced at their present location and height provided any nonconformity is not increased.
(3)
Review and approval. The City shall review and approve all development for conformance with this Section through the site plan review process (see Section 18-164).
(4)
Depiction on required site plan. Exterior lighting for multifamily and nonresidential development shall be depicted as to its location, orientation, and configuration on the site plan required for the development of the subject property. Submitted materials should include specification sheets for all proposed luminaries.
(5) ARCHITECTURAL/DECORATIVE LIGHTING FIXTURE FOOTCANDLE FULL CUTOFF/FULL SHIELD FIXTURE GLARE LIGHT SOURCE LIGHT TRESPASS LUMEN LUMINAIRE NON-CUTOFF FIXTURE PARTIALLY SHIELDED SEMI-CUTOFF FIXTURE UPLIGHTING
Definitions.
Lighting that is decorative, and/or used to illuminate architectural and/or landscaped features and pedestrian areas, and primarily installed for aesthetic effect. May be wall or ground mounted.
A complete lighting assembly (including the lamp, housing, reflectors, lenses, and shields), less the support assembly (pole or mounting bracket); a light fixture. Includes luminous tubes, lamps or similar devices, permanently installed or portable, used for illumination, decoration, or advertisement.
A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot.
A light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane through the luminaire’s lowest light-emitting part.
Intense or blinding light that is sufficiently brighter than the level to which the eyes are adapted, to cause visual discomfort, or loss of visual performance and ability.
The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
Light falling where it is not wanted or needed including spill light and obtrusive light.
A quantitative unit measuring the amount of light emitted by a light source.
The complete lighting unit, including the lamp, the fixture, and other parts.
A light fixture that has no limitations on light distribution at any angle.
A luminaire shielded in such a manner that more than zero but less than ten percent of the light emitted directly from the lamp or indirectly from the fixture is projected at angles above the horizontal plane through the luminaire’s lowest light-emitting part and includes semi-cutoff fixtures.
A luminaire shielded in such a manner that more than zero but less than five percent of the light emitted directly from the lamp or indirectly from the fixture is projected at angles above the horizontal plane through the luminaire’s lowest light-emitting part.
A lamp or wall light designed or positioned to cast its light upwards. The lights shall be designed to minimize light that does not illuminate the target area. The light source shall be screened or shielded from adjoining properties.
(6)
General exterior lighting requirements.
(a)
Flashing, flickering and/or other lighting which may distract motorists are prohibited.
(b)
Intensity of illumination.
1.
The maximum number of footcandles at a property line that is abutting a residentially zoned property shall be 0.5 footcandles. The maximum number of footcandles at a street right-of-way or property line abutting a nonresidential zoning district is 2.0 footcandles. Properties owned by the same owner or where an agreement has been established by abutting property owners, may be excluded from the footcandle requirement at the abutting property line(s).
2.
Reflected glare onto nearby buildings, streets or pedestrian areas is prohibited.
3.
4.
Reflected glare onto nearby buildings, streets, or pedestrian areas is prohibited.
5.
All under-the-canopy fixtures shall be full cutoff and recessed into the structure ceiling.
(c)
Fixtures and luminaires.
1.
Light poles.
a.
The maximum fixture height in the SR-2, SR-3, SR-4, SR-6, TR-6, MR-12, NMU, and MH-8 districts shall be 20 feet. The maximum fixture height in all other districts shall be 40 feet, except for any fixture located within 100 feet of a residentially zoned property, then the maximum height shall be 25 feet. The height shall be measured from the ground to the top of the fixture.
b.
All pole lights shall be directed down and have full cutoff or fully shielded luminaries except for the following:
i.
Lighting sources that emit less than 2,500 lumens (roughly equivalent to 150 watt incandescent light bulb).
ii.
Non cutoff or flood lighting may be used to illuminate properties zoned industrial for parking, loading, and outdoor yard areas where the fixture lens is screened from any adjoining residentially zoned property. Fixture lenses should be screened from public rights-of-way when feasible.
2.
Wall lights.
a.
All wall lights shall be directed down and have full cutoff or fully shielded luminaries except for the following:
i.
Lighting sources that emit less than 2,500 lumens (roughly equivalent to 150 watt incandescent light bulb).
ii.
Partially shielded fixtures may be used for loading and parking areas for nonresidential uses where the fixture lens is not facing or is screened from any adjoining residentially zoned property. Fixture lenses should be directed away from public rights-of-way when feasible.
iii.
Non cutoff or flood lighting may be used to illuminate properties zoned industrial for parking and outdoor yard areas where the fixture lens is screened from any adjoining residentially zoned property. Luminaires should be screened from public rights-of-way when feasible.
iv.
Uplighting shall only be permitted for the architectural/decorative lighting of a building or landscaping.
3.
Uplighting shall only be permitted for the architectural/decorative lighting of a building or landscaping.
4.
Free standing decorative and bollard lighting is permitted provided the lighting source emits less than 2,500 lumens if visible from adjoining properties or public right-of-way.
5.
Blinders, shields, or some other type of protectors may be required to be placed on any lights so as to minimize glare or to direct the beam away from adjoining properties, rights-of-way, or driveways if deemed a nuisance.
6.
The color and design of fixtures shall be compatible with the building(s) and public lighting in the area, and shall be uniform throughout the entire development site.
(7)
Public safety and nuisance.
(a)
Generally. The City may require the modification or removal or limited operation of any new lighting fixtures found to be a public hazard or public nuisance according to the criteria of this Section.
(b)
Hazard. Criteria for finding illumination to be a public hazard are as follows:
1.
Light trespass or glare that is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle.
2.
Light trespass or glare that impairs a person’s visual performance or ability to avoid obstacles in his path.
(c)
Nuisance. Criteria for finding illumination to be a public nuisance are as follows:
1.
Light trespass or glare that deprives an owner or occupant of usual and reasonable use and enjoyment of his property.
2.
Light trespass or glare that causes visual discomfort or impairment of visual performance in a manner that deprives any person from the usual and reasonable enjoyment of the public streets and properties of the City.
§ 18-105 Exterior storage standards.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this Section is to control the use of office and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to Article III.
(2)
Applicability. The requirements of this Section apply to all development.
(3)
Review and approval. If a conditional use permit is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this Section through the site plan review process (see Section 18-164).
(4)
Requirements for exterior storage in mixed use districts. In all commercial zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any required front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of 5 feet from any and all property lines: screened refuse containers; construction materials, landscape materials, and related equipment connected within on-site construction; and off-street parking.
(5)
Inoperable motor vehicles. Refer to section 15-53 (3)(q) of the City of Marshfield Municipal Code.
(6)
Outdoor storage of firewood. No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery. Firewood should be neatly stacked and may not be stacked closer than 2 feet to any lot line and not higher than 6 feet from grade, except abutting a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this Section shall not include hedges and other vegetation.
(7)
All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of.
(a)
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles, or that harbor or are infested or inhabited by rats or other vermin, are public nuisances and may be abated pursuant to the provisions of this Chapter.
(b)
Not more than 20 percent of the required side and rear yard may be used for storage of firewood at any one time.
§ 18-106 Fencing standards.
[Ord. No. 1240, 11-13-2012; Ord. No. 1331, 6-14-2016]
(1)
Purpose: The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, and decorative posts in order to prevent the creation of nuisances and to promote the general safety and welfare of the public.
(2)
Applicability: Except for situations where exceptions are explicitly stated in this Chapter, the requirements of this Section apply to all fencing and decorative posts equal to, or exceeding, 36 inches in height, in all zoning districts.
(3)
Review and Approval: Except for situations where exceptions are explicitly stated in this Chapter, all fences which are equal to or greater than 36 inches in height located in any district shall obtain a building permit prior to installation.
(a)
Permit application and site plan. A building permit application for a fence shall consist of a standard building permit application together with a site plan. The site plan should show abutting streets, lot lines and their dimensions, existing buildings, existing easements, existing utilities, the proposed fence location and proposed setbacks. A drawing or picture of the fence indicating its style and height should also be provided.
(b)
Exemptions from permit and permit standards.
1.
Temporary Fencing including the protection of excavation and construction sites, the protection of individual plants, and snow fencing which shall be permitted in all districts not exceeding 4 feet in height provided it is removed between May 1 and November 1 of each year.
2.
Decorative fencing, fences encompassing a garden, and other similar fences including pet kennels are exempt from a required permit provided they are not located in the required or provided front yard, are setback a minimum of 5 feet from all property lines, and do not exceed 6 feet in height.
(c)
Exceptions to the requirements of this section may be granted through a conditional use permit.
(4)
Permit Standards:
(a)
Materials. Materials of any fence or decorative post shall be as follows:
1.
In Residential Districts including SR-2, SR-3, SR-4, SR-6, TR-6, MR-12, MR-24 and MH-8 zoning districts, fences shall be installed/constructed using residential-style fencing.
a.
Residential-style fencing includes the following: naturally resistant or treated wood, wood composite, brick, stone, masonry, wrought iron, vinyl, galvanized/coated chain link, and wire mesh.
b.
All fencing shall require a top rail support.
c.
Any fence within the required or provided front yard, whichever is less shall be a maximum of 50 percent opaque (such as a wrought iron or picket or wood rail fence). On a corner lot where no other location is suitable for a fence, a front yard may be determined by the Zoning Administrator. Chain link fencing is not permitted within the required or provided front yard, except when used in conjunction with parks and schools.
d.
The following are prohibited materials in residential districts unless exempt elsewhere in this Section: corrugated metal, chicken wire, livestock fencing, barb wire, razor wire, “t/u-post”, and electric fencing.
2.
In all other districts not listed above, fences shall be installed/constructed using residential-style fencing in addition to corrugated metal, other solid metal fences, or security fencing.
a.
All fencing shall require a top rail support.
b.
Except a security fence, any fence within the required or provided front yard, whichever is less as determined by the Zoning Administrator, shall be a maximum of 50 percent opaque.
c.
Barb wire fencing is only permitted on the top of a security fence when located at least 6.5 feet above the ground.
d.
The following are prohibited materials in nonresidential districts unless exempt elsewhere in this Section: livestock fencing, “t/u post”, electric fence, and razor wire.
e.
Wire fencing, livestock fencing, “t/u posts”, electric fencing and other fencing associated with an agricultural use shall be permitted within the “RH-35” zoning district.
(b)
Location. The location of any fence or decorative post shall be as follows:
1.
On all properties, no fence or decorative post shall be located closer than 3 feet of the right-of-way line in the provided front yard, provided street side yard property line, or when abutting an alley.
2.
Fences may be located up to a parcel property line abutting a side or rear yard. Fences may cross property lines when used in conjunction with parks, schools, and airports or when the abutting property is under the same ownership.
4.
Fences may be located within easements per the provisions of the easement.
5.
Fences shall be located a minimum of 3 feet from any utility equipment. Some utility equipment may require a greater clearance.
(c)
Maximum Height: The maximum height of any fence or decorative post shall be the following:
1.
In Residential Districts including SR-2, SR-3, SR-4, SR-6, TR-6, MR-12, MR-24, MH-8 zoning districts:
a.
Four feet when located within the required or provided front yard, whichever is closer to the street.
b.
Six feet within the side, rear, or street side yard, but not in the required or provided front yard, whichever is closer to the street.
c.
Eight feet where such portions of a Residential property is directly abutting a nonresidential zoning district or major street for the purpose of increasing privacy or decreasing noise levels, within the side, rear, or street side yard, but not in the required or provided front yard, whichever is closer to the street.
3.
Height shall be measured from the ground or structure immediately under the fence to the top of the fence face.
4.
Height exceptions:
a.
Decorative posts at a minimum spacing of 24 inches may extend 8 inches above the maximum height.
b.
To accommodate slopes and/or lawn maintenance, up to 6 inches of ground clearance shall be allowed which will not contribute to the measurement of maximum fence height.
c.
Berms with slopes less than or equal to a minimum of 3 feet of horizontal to a maximum of every 1 foot of vertical (i.e. 3:1) shall not contribute to the measurement of maximum fence height.
(d)
On Fence Lighting: On fence lighting is permitted and shall conform to all requirements of Section 18-104 as well as the State electrical and building codes.
(e)
Orientation: Any and all fences or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property.
(f)
Replacement: Any existing fence as of the effective date of this Chapter may be replaced to their current location and height.
(g)
Maintenance:
1.
Any and all fences or decorative posts shall be maintained in a structurally sound and attractive manner.
2.
Any utility equipment located within a fence shall be safe and accessible. If the metering location becomes unsafe or inaccessible, the owner shall be required to remove the fence or have the utility equipment moved at the owner’s expense.
(h)
Swimming Pools: Fencing for swimming pools shall be provided per the Model Swimming Pool Enclosure Code established by the National Spa and Pool Institute (NSPI).
Figure 18-106(a): Fencing Standards.  |
Figure 18-106(b): Fencing Standards.  |
Figure 18-106(c): Fencing Standards.  |
§ 18-107 Swimming pool standards.
[Ord. No. 1240, 11-13-2012]
(1)
Applicability. This section applies to all permanent swimming pools, defined as an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 36 inches requiring water filtration, circulation, and purification, used or intended to be used solely by the owner, operator, or lessee thereof and family and guests invited to use it; and including all structural facilities, appliances, appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
(2)
Regulations:
(a)
Swimming pools, except inflatable temporary pools, shall be set back a minimum of 3 feet from the property line and shall not be located in the required or provided front yard, whichever is less.
(b)
Swimming pools less than 4 feet tall shall be surrounded by a security fence which is a minimum of 4 feet in height.
(c)
All gates shall be secured when the pool is unattended.
(d)
Aboveground pools with a wall 4 feet in height or higher shall not require a fence; however, ladders for these pools shall be removed when not in use and steps to decks abutting these pools shall be secured with gates when unattended.
§ 18-108 Vibration standards.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this Section is to regulate the creation of vibration which adversely affects abutting properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this Section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.
(3)
Review and approval. Through the site plan review process (see Section 18-164), the Plan Commission shall review and approve all development on the subject property.
(4)
Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property.
(5)
Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given in Figure 18-108, below.
(6)
Method of measurement. Measurements shall be made at or beyond the abutting lot line or the nearest residential district boundary line. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in 3 mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula: D = K/f, where D = displacement in inches; K = a constant to be determined by reference to Figure 18-108 below; f = the frequency of vibration transmitted through the ground (cycles per second).
Figure 18-108: Vibration Measurement Constant | ||
|---|---|---|
K All Other Districts | K GI District | |
On or beyond any abutting lot line | ||
Continuous | 0.003 | 0.015 |
Impulsive | 0.006 | 0.03 |
Less than 8 pulses per 24-hour period | 0.015 | 0.075 |
On or beyond any residential district boundary line | ||
Continuous | 0.003 | 0.003 |
Impulsive | 0.006 | 0.006 |
Less than 8 pulses per 24-hour period | 0.015 | 0.015 |
§ 18-109 Odor standards.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this Section is to regulate the creation of odor which adversely affects abutting properties in order to prevent the creation of nuisances and to promote the healthy, safety, and general welfare of the public.
(2)
Applicability. The requirements of this Section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property, or by incidental fertilizer application, traffic, parking, loading, or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this Section as essential public services.
(3)
Standards. Except for food preparation and cooking odors emanating from residential land uses, and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within the SR-2, SR-3, SR-4, TR-6, MR-12, MR-24, MH-8, NMU, CMU, UMU, DMU, CD, RD, and IP zoning districts.
§ 18-110 Glare and heat standards.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this section is to regulate the creation of glare or heat in order to prevent the creation of nuisances and to promote the health, safety, and welfare of the public.
(2)
Applicability. The requirements of this Section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
(3)
Standards. No direct or sky-reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise. As determined by the Zoning Administrator, there shall be no discernible transmission of heat or heated air at the lot line. Solar systems regulated by Wisconsin Statutes 66.0401 shall be entitled to the protection of its provisions.
§ 18-111 Fire and explosions.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely affect abutting properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all land uses and activities.
(3)
Standards. Any use involving materials which could decompose by detonation shall be located not less than 400 feet from any residential or commercial zoning district except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and fire fighting devices in accordance with all fire prevention codes of the State of Wisconsin. See also Chapter 6 of the City of Marshfield Municipal Code.
§ 18-112 Toxic, noxious, and waste materials.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this section is to regulate the handling of toxic, noxious, or waste material which adversely affects abutting properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all land uses and activities.
(3)
Standards. No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to private property or business. No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Public Health.
§ 18-113 Hazardous materials.
[Ord. No. 1240, 11-13-2012]
(1)
Purpose. The purpose of this section is to provide information to the City regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.
(2)
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(d)
Hazardous substances subject to Wisconsin Statutes 100.37(1)(c).
(e)
Toxic substances subject to Wisconsin Statutes 101.58(2)(j).
(f)
Infectious agents subject to Wisconsin Statutes 101.58(2)(f).
(g)
Any material for which the State of Wisconsin requires notification of a local fire department.
(h)
Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.
(3)
Standards. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal. Reportable quantities of hazardous chemicals must also be reported to the State of Wisconsin Tier-Two reporting system (WHOPRS).
§ 18-114 Group development and large development standards.
[Ord. No. 1240, 11-13-2012; Ord. No. 1295, 3-10-2015; Ord. No. 1349, 5-9-2017]
(1)
Purpose. The purpose of this section is to establish standards that ensure group developments and large developments are properly located and are compatible with the surrounding area and the overall community character of the City of Marshfield.
(2) GROUP DEVELOPMENT1. 2. 3. LARGE DEVELOPMENT
Definitions.
Any development located on one lot and comprised of any single instance or any combination of the following development types:
One or more principal multi-family residential buildings with 9 to 24 or greater residential units on the same lot.
Two or more principal structures on the same lot, whether currently serving a single use or more than one use.
Any addition of principal buildings that increases the total number of principal structures on the same lot to two or more.
Any new nonresidential development or additions to an existing principal structure on which the new gross floor area exceeds 50,000 square feet. Existing principal structures or previous additions are not counted towards the new gross floor area.
(3)
Common examples.
(a)
Common examples of group developments include apartment or condominium complexes with 9 or more total units, commercial centers, shopping centers, and office centers where there are two or more principal buildings. Planned Developments are not considered group developments.
(b)
Common examples of large developments include multi-tenant, nonresidential buildings that are in excess of 50,000 gross square feet.
(4)
Exceptions to group developments. The following situations are exempt from the group development requirements of this Section.
(a)
Structures within City parks.
(b)
Development in the Campus Development District.
(c)
Development in the Planned Development District.
(f)
Accessory Structures.
(g)
Temporary Structures.
(h)
Mobile Home Parks.
(i)
Structures in Public Parks.
(l)
Nonresidential buildings where it can be demonstrated to the satisfaction of the Zoning Administrator that any principal building can be subsequently detached with a lot and yards conforming to the requirements of this Chapter.
(5)
Review and approval.
(a)
All new group and large developments require a conditional use permit (see Section 18-161 for review and approval procedure) regardless of whether individual use(s) within the development are permitted by right within the applicable district.
(b)
Any land use that is either a permitted by right or a use allowed by conditional use permit within the applicable zoning district may be included within a group development and/or large development.
(c)
Land uses permitted by right in the applicable zoning district shall be permitted by right within an approved group and/or large development, subject to the provisions of this section, unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development and/or large development as a whole.
(d)
Land uses allowed by conditional use permit within the applicable zoning district shall be allowed within the group development and/or large development only with conditional use approval for that land use category. The consideration of the conditional use for the group development and/or large development may occur in conjunction with the review for additional conditional land uses.
(e)
The detailed land use regulations in Article III that pertain to each proposed land uses shall also apply within a group development and/or large development, as will all other applicable provisions of this Chapter.
(f)
All new and amended Group Developments and Large Developments require a plat for a major subdivision, or Certified Survey Map (CSM). An existing, approved plat for a major subdivision or CSM may be utilized provided the exterior boundary of the lot does not change. Any changes to the exterior boundary of a lot, including but not limited to lot line adjustments, combinations, or dedication of right-of-way, would require a new CSM.
(g)
Group developments and large developments that include new residential development/component shall meet the requirements for parkland dedication (Article V of Chapter 19) for all new proposed dwelling units that have not been previously approved. The parkland dedication requirements shall be met even if an existing CSM has already been approved and is being utilized for the development project.
(6)
Changes to group and/or large development.
(a)
Amendments to an approved large development. Following initial issuance of a conditional use permit of a large development, the subsequent additions to structures, and expansions of parking or storage areas.
(b)
Amendments to an existing group development. Any subsequent addition of structures, additions to structures, increase in the number of units, and expansions of parking or storage area to an existing development, that meets the definition of group development in Section 18-114(2)(a), shall comply with Section 18-161(15).
(c)
Changes to individual land uses within a group development and/or large development listed as permitted by right uses within the applicable zoning district are allowed without amendment to the group development and/or large development conditional use permit, unless said conditional use permit placed restrictions on change of use.
(d)
Changes to individual land uses within a group development and/or large development listed as conditional uses within the applicable zoning district may be allowed only by amendment to the conditional use permit, regardless of whether said use entails modifications to the building and/or site layout in the group development and/or large development.
(7)
Standards Applicable to All Group Developments and to All Large Developments.
(a)
All land uses and development shall comply with the applicable requirements of this Chapter, including, but not limited to, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space preservation requirements; access, parking, loading, and unloading requirements shall also comply with the requirements of this Chapter unless granted an exception through the issuance of a conditional use permit.
(b)
All group developments and/or large developments shall be subject to the site plan review and approval process. The applicant shall demonstrate how the proposed development relates to each of the following criteria:
(8)
Outdoor display areas. Exterior display areas shall be permitted where clearly depicted on the approved site plan.
(9)
Outdoor storage uses and areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted where clearly depicted and labeled on the approved site plan.
(13)
Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties.
(14)
Natural resources protection. Existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any storm water detention or conveyance features are solely borne by the developer/owner unless dedicated to and accepted by the City.
(15)
Additional Rules Applicable to All Group and Large Developments (per Section (2), above).
(a)
Compatibility report. The City may require a written Compatibility Report siting adequate evidence that the proposed building and overall development project shall be compatible with the City’s Comprehensive Plan and any detailed neighborhood or special area plan for the area. The Compatibility Report shall specifically address the following items:
1.
Traffic impact analysis. The City may require that a traffic impact analysis be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. It shall be conducted by a third party agreed upon by both the applicant and City at the applicant's expense. Such Traffic Impact Analysis shall require the following components:
a.
A demonstration that vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length; design, location, and number of traffic control devices; and sidewalks.
b.
Where the traffic impact analysis indicates that a project may cause off-site public roads, intersections, or interchanges to function below a level of service (LOS) C, the City may deny the application, require a size reduction in the proposed development, and/or require the developer to construct and/or pay for required off-site improvements to achieve a LOS C for a planning horizon of a minimum of 10 years assuming full build-out of the development.
c.
The City has the option to require a trip generation study.
(b)
Economic and fiscal analysis. The City may require completion of an economic and fiscal impact analysis containing the following items:
1.
Estimate to what extent the proposed project would reduce the proposed market area’s economic base by eliminating existing businesses.
2.
Compare and evaluate the projected costs and benefits to the community resulting from the project, including:
a.
Projected costs arising from increased demand for and required improvements to public services and infrastructure.
b.
Value of improvements to public services and infrastructure to be provided by the project.
c.
Projected tax revenues to the City to be generated by the project in the first 5 years of business.
d.
Projected impact of the project in the first 5 years on land values (both residential and nonresidential) and potential loss or increase in tax revenues to the City of Marshfield.
(c)
Building placement and site layout. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods, and must forward community character objectives as described in the City’s Comprehensive Plan.
(d)
The City may require that a detailed neighborhood plan be submitted and approved by the Plan Commission and Common Council. The detailed neighborhood plan shall be prepared for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood. The developer is encouraged to hold neighborhood meetings with nearby property owners. The detailed neighborhood plan shall contain the following specific elements’:
1.
Land use with specific zoning districts and/or land uses.
2.
Transitional treatments such as berms and/or landscaping between areas with differing land uses or character.
3.
Complete transportation network, including pedestrian and bicycle facilities and transit routes and stops, where applicable.
4.
Conceptual stormwater management facilities.
5.
Proposed public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities.
6.
Proposed community character themes, including building materials, landscaping, streetscaping, and signage.
7.
Demonstrate that the proposed detailed neighborhood plan is in harmony with the land use, multi-modal transportation, utility, stormwater management, community character provisions of the City’s Comprehensive Plan.
§ 18-115 Administration and enforcement.
[Ord. No. 1240, 11-13-2012]
(1)
Determinations necessary for administration and enforcement of performance standards set forth in this Article range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement.
(2)
Where determinations can be made by the Zoning Administrator using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violations is issued.
(3)
Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, the following procedures shall be available for causing corrections or apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
(a)
The Zoning Administrator shall give written notice, by certified mail or other means, ensuring a signed receipt for such notice to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator.
(b)
The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within the time limit set constitutes admission of violation of the terms of this Chapter. The notice shall further state that upon request of those to whom it is directed, technical determination as described in this Chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the City.
§ 18-116 Building relocation.
[Ord. No. 1449, 2-9-2021]
(1)
Moving existing buildings within the city limits:
(a)
Except for Section 18-116(1)(b), moving an existing building, regardless of foundation type or prior/intended use, from one location to another location when either the origin and/or the destination is within the city limits, requires:
1.
A city of Marshfield moving permit.
2.
Common Council approval and a public hearing prior to the movement of the building (See Section 18-116(5)) is required when the destination of the building is located within city limits.
3.
A building inspection before and after the structure is removed.
4.
Site plan review for the new location of the building if located within the city limits.
(b)
Exceptions. The following buildings may be moved but do not require Common Council approval or a moving permit unless required below. Anyone moving a building within the city limits is responsible for contacting the proper utilities that may be impacted by the move.
1.
Manufactured/mobile homes located in a mobile home park or mobile home subdivision (as defined by Section 18-55(9) and Section 18-55(10) of this Chapter) that are to be moved within the boundaries of the same mobile home park or mobile home subdivision.
a.
An Installation permit for secondary installation is required for the above type of move.
2.
New modular homes that are certified and built to the Wisconsin Uniform Dwelling Code.
3.
New manufactured homes that are certified and built to the United States Department of Housing and Urban Development’s Manufactured Home Construction and Safety Standards.
4.
Used manufactured/mobile homes that are certified and built to the United States Department of Housing and Urban Development’s Manufactured Home Construction and Safety Standards (Part 3280).
a.
The City of Marshfield reserves the right to inspect the home prior to the issuance of an Installation Permit to determine if the home is in compliance or is capable of being brought into compliance with the United States Department of Housing and Urban Development’s Manufactured Home Construction and Safety Standards (Part 3280).
b.
No home will be allowed to be installed or occupied until all of the documentation is presented to the City of Marshfield and a Manufactured Home Installation Permit is obtained.
c.
The home must have a Certification Label attached to each section of the manufactured home. If the certification label is not available, a Letter of Label Verification from the Institute for Building Technology and Safety (https://www.ibts.org/what-we-do/manufactured-home/verification-letter-certificate/) is acceptable.
d.
Prior to the move to the site a Manufactured Home Installation permit is to be obtained from the City of Marshfield. The permit application shall include the following:
i.
A copy of the manufacturer’s data plate. If the data plate is not available, a Letter of Label Verification from the Institute for Building Technology and Safety ((https://www.ibts.org/what-we-do/manufactured-home/verification-letter-certificate/) is acceptable.
ii.
A Foundation Plan compliant with SPS 321.40(2) is to be filed with the City of Marshfield.
5.
New or existing pre-manufactured accessory buildings (sheds and small garages) when meeting the requirements listed in Chapter 13 and when hauled to a site in the City on a properly operational and licensed vehicle or trailer.
a.
A moving permit is required for accessory buildings fourteen (14) feet wide or greater.
6.
Job trailers that are used specifically for private use at construction sites.
8.
Buildings where it is determined that it is in the City’s best interest for the building to move in a more timely manner.
a.
A City of Marshfield Moving permit is required for that portion of the trip that uses city streets, but Common Council approval and a public hearing are not required.
b.
The City Administrator, Public Works Director, and Development Services Director or their designee must all approve the move.
c.
The building may not have a detrimental impact on surrounding properties.
d.
Applicant shall follow notification requirements in Section 18-116(5)(b)
e.
A building permit may be required.
9.
Buildings where the final location will be outside of the city limits.
a.
Applicant shall follow notification requirements in Section 18-116(5)(b)
(2)
Plans and permit requirements for moving buildings.
(a)
The application for a moving permit required for moving buildings shall be accompanied by:
1.
Relocation fee (for principal buildings) or Moving Permit fee (for accessory structures) per the City’s Fee Schedule.
2.
A dimensioned plot plan showing the location of the structure on the parcel of land to which it is being proposed to be moved.
3.
Construction plans showing any exterior or interior structural, electrical, plumbing, heating or ventilating changes, alterations or additions if any such are required or intended.
4.
A statement of any exterior work that will be done which would affect the appearance of the structure.
5.
A map showing the proposed moving route and stating the proposed moving date.
(b)
A part of the permit shall be a list of the changes, alterations or additions required in structural electrical, plumbing, heating, or ventilating work.
(3)
Cash or certified check required for moving buildings.
(a)
Before a moving permit that requires Common Council approval is issued there shall be deposited to the city the sum of $2,000 in the form of cash or a certified check made payable to the City. Such cash or certified check shall guarantee to the City that the structure will be in its new location in accordance with the provisions of Section 18-116(2) of this Chapter within six months after the date such permit is issued. The deposit for a residential accessory building shall be $500, and, in either case the deposit shall be returned after completion of the project.
(4)
Insurance required for moving buildings.
(a)
The Public Works Director, or his designee, shall require sufficient proof that the person moving the building will use equipment which will not damage such streets, sidewalks, alleys or public ways or grounds, and shall further require proper proof that such mover is insured by a reputable insurance company for public liability in an amount not less than $100,000/$300,000, and for property damage in the amount of not less than $50,000. A certificate of insurance from the company insuring such mover, shall be filed with the Public Works Director, or his designee, before any permit shall be issued, and which certificate shall state the mover’s insurance policy is then in full force and effect, and shall further state that upon cancellation of such policy, the company shall give to the city at least ten days’ written notice thereof.
(5)
Council action and notification of utilities, police and fire department for moving.
(a)
When Common Council approval is required in Section 18-116(1), a public hearing shall have been held before the council on the proposed relocation of a building. A notice of the public hearing shall be published as a class I notice in the official newspaper a minimum of one week before the council meeting at which the hearing is scheduled. The notice shall state the type of structure proposed to be moved, its present location, the location to which it is proposed to be moved, and the date and time of the hearing. Notices shall also be sent to property owners within 200 feet of the location to which it is proposed to be moved.
(b)
The applicant shall immediately notify any public utility, whose lines or poles may be interfered with, of the application. Such utility shall take any steps necessary to permit the building to be moved without damage to its lines and poles. The applicant shall also notify the police department and the fire department of the application, and if the chief of police deems it necessary, a police escort shall accompany the building when it is moved. Upon completion of the moving, the City Engineer, or his designee, and the City Forester shall inspect the route and report any damage caused to the above-described property, and the estimated cost of repairing the property. All claims shall be submitted to the mover's insurance company for payment. No cash deposit as required in section 18-116(3) of this Code shall be returned to the mover or applicant until all insurance claims are satisfied. Upon settlement of all such damage claims, the City shall release the balance of the deposit, if any. The applicant shall be liable for any such costs or damages exceeding the deposit.
(c)
Application for a permit to move a building shall be made upon proper forms furnished by the City of Marshfield Development Services Department. Application for a moving permit that requires Common Council approval shall be made at least 14 days prior to the proposed moving date.
§ 18-117 Major street setback.
[Added 10-14-2025 by Ord. No. 1535]
(1)
Purpose. The purpose of this section is to require an additional setback for buildings along certain roads within the city that may require future right-of-way expansion. All roads identified as major streets currently do not meet the minimum street width requirements established in the Subdivision Code and were determined to be potential street rights-of-way that the City could consider expanding in the future.
(2)
Applicability and standards.
(a)
All roads identified on the map below (Figure 18-117(a)) are considered to be a major street and shall follow any regulations from this chapter, unless otherwise stated.
(b)
When a property is located along a collector or a minor arterial that is identified on said map, the major street setback is the required setback distance established in the underlying zoning district plus 10 feet. For example, the front setback for the SR-3 zoning district is 25 feet and the property is located on a minor arterial identified in § 18-117; thus, the new required setback is 35 feet.
(c)
Only the segment of the road that is identified on the map is considered to be a major street.
(d)
Major street setbacks shall not apply in the DMU and UMU districts.
(e)
The Zoning Administrator may determine that a property is exempt from the major street setback requirement if the public right-of-way (ROW) adjacent to the property meets or exceeds the minimum ROW standards specified in § 19-64(1)(f) of the municipal code.
Figure 118-117(a): Major Street Map .tiff.png "018 Figure 18-117(a).tiff") |