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