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City of Marion, WI
Shawano, Waupaca County
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Table of Contents
Table of Contents
A. 
Application and hearing. Any conditional uses listed in this chapter shall be permitted only when reviewed by the Plan Commission and authorized by the Common Council. Application for a conditional use permit shall be made to the Zoning Administrator who shall refer it to the Plan Commission and the Common Council. The Council shall then schedule a public hearing on the application. Notice of such hearing shall be given by the Common Council by publishing in the official newspaper such information as will provide adequate notice to residents of the City of the proposed application, its location, and the time and place of the hearing and the statement that all interested parties will be heard. Such notice shall be published two times, in each of the two preceding weeks, the second not less than seven days before said hearing, and copies of such notice shall be mailed to all abutting property owners within 100 feet by first-class mail.
[Amended 12-10-2012 by Ord. No. 2012-001]
B. 
Review and approval. The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems, and the proposed operation.
[Amended 12-10-2012 by Ord. No. 2012-001]
C. 
Determinations. The Plan Commission shall make such findings that it deems appropriate based on the information submitted to it. The Common Council shall consider such findings and recommendations and make the ultimate determination of whether to grant the conditional use and the conditions upon which such grant is made. The determination of the Common Council shall be final.
[Amended 12-10-2012 by Ord. No. 2012-001]
D. 
Conditions. Conditions, such as landscaping, architectural features and completion dates, sureties, lighting, fencing, planting screens, operation, improved traffic circulation, deed restriction, highway access restrictions, increased yards, grade, drainage, or parking requirements, may be required by the Common Council upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
[Amended 12-10-2012 by Ord. No. 2012-001]
E. 
Compliance. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.
F. 
Violation. Any permitted conditional use which does not continue in conformity with the conditions of the permit shall be revoked.
G. 
Revocations. Revocations may be appealed to the Common Council within 90 days after date of notification.
A conditional use permit is required for the following uses. Restrictions for each use are listed below.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RECREATIONAL VEHICLE COURT
Any plot or plots of ground upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECREATIONAL VEHICLE SITE
A plot of ground within a recreational vehicle court intended for the accommodation of a recreational vehicle as defined herein.[1]
TENT
A portable load of canvas, strong cloth, or other similar material stretched and sustained by poles. In this article, one tent shall be considered the equivalent of one recreational vehicle.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Area of applicability. Recreational vehicle courts shall be located only in C Conservancy and A Agricultural Districts.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Recreational vehicle court plan. A recreational vehicle court plan shall be provided for recreational vehicle courts at such locations as may be approved by the Common Council upon review by the Plan Commission according to the minimum standards as hereinafter specified.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Site requirements. The site of a recreational vehicle court must consist of one or more contiguous parcels of 1/2 acre or more. A site can consist of land owned or leased by the applicant. Land leased by the applicant cannot be occupied by a building nor be required yard area or parking area for such building and must be devoted for use by occupants of the recreational vehicles. The site cannot be separated by a waterway or public way. All parcels must be zoned C Conservancy or A Agricultural. Parcels contiguous only at a point do not constitute parcels.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Plan review. Any person making application for a recreational vehicle court conditional use permit shall submit with his written application a proposed plan in triplicate.
F. 
Area of court. No permit shall be issued for the establishment of a recreational vehicle court unless such court contains not less than 1/2 acre of land to provide a minimum of six recreational vehicle sites. An additional 1,200 square feet shall be provided for each additional recreational vehicle site over six to a maximum of 100 sites; however, nothing herein contained shall prevent the location of a recreational vehicle court on land upon which is located another commercial establishment, provided that the provisions of Subsection D are met.
G. 
Construction standards. In addition to the standards set forth in this Code, recreational vehicle courts shall be constructed in compliance with the pertinent rules of the Department of Health Services as set forth in Ch. DHS 178, Wis. Adm. Code.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Use for dwelling purpose. No person shall place a mobile home or shall place a recreational vehicle within the City for dwelling purposes, either temporary or permanent, on any land located outside a recreational vehicle court. Occupancy within an authorized recreational vehicle court shall not exceed seven months during any twelve-month period.
I. 
Use for nonresident purposes. No persons shall hereafter place or use a mobile home or a recreational vehicle for the conduct of any business, profession, occupation, or trade as a selling or advertising device on any land within the City except for the following:
(1) 
A mobile home or recreational vehicle shall not be considered permissible as an accessory building.
(2) 
A mobile home or recreational vehicle may be used as a temporary office or shelter incidental to construction on or development of the premises on which it is located only during the time construction or development is underway.
(3) 
Mobile homes and recreational vehicles occupied as temporary living quarters by persons involved in special events or which are equipped to perform a public service function and operated or sponsored by governmental, civic or other like organizations shall be allowed with the City as a conditional use at such locations and for such duration as shall be prescribed by the Mayor.
J. 
Nonconforming uses. A mobile home located within the City and occupied as a permanent residence at the time of the passage of this section shall hereafter be deemed a nonconforming use and may continue as such but shall be treated in the same manner and under the same rules as any other nonconforming use.
K. 
Mobile homes. Except as provided in this Code, no person shall store a mobile home on any land within the City.
L. 
Recreational vehicles.
(1) 
The storage of one recreational vehicle in any accessory private garage building or in the rear yard of any occupied dwelling is permitted, provided that no living quarters shall be maintained or any business practiced in such recreational vehicle while the same is so parked or stored.
(2) 
Within an authorized recreational vehicle court, a recreational vehicle shall not occupy a site for more than 60 days during those seasons other than winter without being removed from the court a minimum of 24 continuous hours and may be stored unoccupied during the four-month winter season from December 1 to April 1.
M. 
Repair. Mobile homes and recreational vehicles when occupied may be left a reasonable time for repairs at any place where such repairs are ordinarily made.
N. 
Sales lots. Unoccupied mobile homes and recreational vehicles may be stored for the purpose of inspection and sale upon any manufactured home, mobile home or recreational vehicle sales lot.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The minimum size of any campground shall be two acres in gross area.
B. 
The maximum number of travel trailers or campsites shall be 20 per acre as computed from the gross area of the park or campground, and in no case shall the square feet of each site be less than 2,000 square feet.
C. 
Before beginning operation of any campground, 50% of the sites and 100% of the facilities shall be completed.
D. 
In addition to setback from the right-of-way of any state, county, or City road, all campgrounds shall have a boundary zone of 40 feet between any campsite and any side or rear lot line.
E. 
The minimum width of roads within a campground shall be 30 feet.
F. 
All access roads to and from the campground shall be well lighted and hard surfaced with bituminous concrete or equal material.
G. 
Every campground shall conform to all applicable state laws until they are amended and then apply as amended.
H. 
All wiring within a camp must conform to state electrical codes.
I. 
Designated spots on each site will be marked or constructed for outside cooking or the building of campfires, and no fires will be allowed outside of these designated areas.
J. 
The perimeter of the camping area or perimeter of the parcel must be fenced.
The following public and semipublic uses shall be conditional uses and may be permitted as specified:
A. 
Governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums.
B. 
Utilities and communication towers with associated buildings, but not including studios.
C. 
Public, private and parochial preschool, elementary and secondary schools and churches, provided that the lot area is not less than one acre and all principal structures and uses are not less than 50 feet from any lot line.
D. 
Institutions. Religious and charitable institutions and cemeteries, provided that all principal structures and uses are not less than 50 feet from any lot line.
Mobile home parks may be permitted in the R-4 District as a conditional use and shall conform to the following standards:
A. 
Minimum park size: five acres.
B. 
Minimum distance of any mobile home from the park boundary: 10 feet.
C. 
Minimum lot size per mobile home: 5,000 square feet.
D. 
Minimum lot width: 50 feet.
E. 
Minimum distance between mobile homes: 10 feet all around.
F. 
Minimum number of public accesses shall be two; they shall be by sixty-foot roadway with each at least 300 feet apart.
G. 
Water and sewer. Each mobile home lot shall be connected to public water supply and sewage disposal systems. The mobile home park shall be furnished with one water meter assigned to the ownership of the mobile home park.
H. 
Solid waste. Each mobile home lot shall have adequate garbage and refuse disposal service.
I. 
Mobile homes shall not be within 15 feet of the roadway serving such unit.
J. 
An inclement weather shelter shall be provided.
K. 
Recreation area. At least 5% of the total area of each park shall be designated as a recreation area with play equipment furnished and maintained by the park owner.
L. 
Landscaping and screening. Along each boundary line of a mobile home park there shall be a landscape planting which shall be so designated and maintained as to be fifty-percent or more opaque between two feet and eight feet above average ground level at maturity to effectively screen the facility from view. A planting plan shall be submitted as part of the initial mobile home park. Not more than two openings for access shall be provided in such planting, the sizes and locations of which shall be subject to review and approval by the Plan Commission. Such planting shall be completely installed in the first growing season following the issuance of the permit. The Common Council, upon the review of the Plan Commission, may authorize other suitable means of screening a mobile home park, such as a fence of such design and construction as to effectively present a ninety-percent opaque vision barrier from grade to a height of six feet. Any fence authorized in lieu of the aforementioned planting shall be maintained in good condition at all times and the operator shall prevent any handbills, posters, signs or advertising from being placed on or over the same.
M. 
Roads and parking. All roadways, parking areas and walkways shall be hard surfaced with bituminous concrete or equal materials. Roadways shall be a minimum of 60 feet in width and adequately lighted. There shall be one off-street parking space for each mobile home and additional parking spaces for automobiles within the park, totaling no fewer than two parking spaces for each mobile home lot.
N. 
Signs. No signs shall be permitted except the following:
(1) 
One nonflashing identification sign stating only the name of the park and the services available, provided that the sign does not project into the public right-of-way; and
[Amended 12-10-2012 by Ord. No. 2012-001]
(2) 
Any necessary regulatory signs such as street name signs, entrance and exit signs, etc.
O. 
No mobile home sales office or other business or commercial use shall be located on the mobile home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage, and one office are permitted.
P. 
Pad. Each mobile home shall be placed upon a hard-surfaced pad or foundation with six approved tie-down anchors.
Q. 
All mobile homes and manufactured homes shall meet the construction standards of all federal codes.
R. 
Accessory buildings shall not exceed an area of 30% of the required lot, with a minimum side yard setback of three feet and rear yard setback of three feet. A minimum distance of five feet shall exist between the mobile home and accessory building.
[Amended 12-10-2012 by Ord. No. 2012-001]
S. 
Accessory building limitations. Each mobile home lot shall contain no more than one accessory structure in addition to the garage. The maximum size of any accessory structure, other than the garage, shall not exceed 10 feet by 14 feet and be only of one story. Membrane storage structures shall not be permitted. All construction shall meet local and state building codes.
[Added 8-13-2018 by Ord. No. 2018-002]
T. 
Age of mobile home. The age of each mobile home brought into the mobile home park shall not exceed 20 years.
[Added 8-13-2018 by Ord. No. 2018-002]
[Amended 12-10-2012 by Ord. No. 2012-001]
A. 
An adult entertainment use shall be a conditional use in the A-1 Agricultural District. All pertinent general or district zoning restrictions shall apply. In addition, no permit may be granted for an adult entertainment use unless it shall be located at least 100 feet from:
(1) 
The boundaries of the following districts: R-1 New Single-Family Residential District, R-2 Existing Single-Family Mixed Residential District, R-3 Two-Family Residential District, R-4 Multiple-Family Residential District, R-5 Zero Lot Line Single-Family Residential District and PUD Planned Unit Development District.
(2) 
Any property within the City then used for residential, church, park or school purposes.
B. 
All applicable provisions of this Code and the Wisconsin Statutes regulating conditional uses shall apply to any request for conditional use for an adult entertainment use.