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Chapter 18. General Zoning Ordinance

Sec. 18-114. Group Development and Large Development Standards

(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) Definitions.

(a) Group Development. Any development located on one lot and comprised of any single instance or any combination of the following development types:

1. One or more principal multi-family residential buildings with 9 to 24 or greater residential units on the same lot.

2. Two or more principal structures on the same lot, whether currently serving a single use or more than one use.

3. Any addition of principal buildings that increases the total number of principal structures on the same lot to two or more.

(b) Large Development. Any new development containing any single structure or combination of structures on one or more contiguous lots or building sites on which the total combined gross floor area of all new development exceeds 50,000 square feet of gross floor area. Does not include new additions less than 50,000 square feet, or basements and penthouses when used primarily for storage and mechanical equipment.

(3) Common Examples.

(a) Common examples of group developments include apartment or condominium complexes with 9 to 24 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 developments that are both group developments and large developments include multi-tenant, nonresidential buildings that are in excess of 50,000 gross square feet, and any multi-building developments in which the combined total of all structures on a site, regardless of diverse ownership, use, or tenancy, combine to exceed 50,000 gross square feet.

(4) Exceptions. The following situations are exempt from the requirements of this Section.

(a) Structures within City parks.

(b) Development in the Campus Development District.

(c) Development in the Planned Development District.

(d) 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 group developments 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, except where such developments are approved as Planned Developments per Section 18-167 or with an approved conditional use permit.

(b) Any land use that is either a permitted by right land use 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 such outdoor dining or a drive-through. 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.

(6) Changes to an Approved Group and/or Large Development.

(a) Following initial issuance of a conditional use permit for the group development and/or large development, the subsequent addition of structures, additions to structures, and expansions of parking or storage areas in the group development and/or large development shall require an amendment to the approved conditional use permit regardless of individual land use(s).

(b) 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.

(c) 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; and signage requirements.

(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:

1. Complements the design and layout of nearby buildings and developments.

2. Enhances, rather than detracts from, the desired character of the City.

(8) General Layout and Future Divisibility. All development located within a group development and/or large development shall be located so as to comply with the intent of this Chapter regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory buildings and buildings located within group developments and/or large developments shall be situated within building envelopes that are in complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments and/or large developments. The use of this approach to designing group developments and/or large developments will facilitate the subdividing of group developments and/or large developments in the future (if such action is so desired).

(9) Roadway Connections.

(a) All nonresidential projects shall have direct access or through an easement to an arterial street or to a collector level street deemed appropriate by the City Engineer.

(10) Parking.

(a) Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in Section 18-103 by 25 percent shall be allowed only with specific and reasonable justification.

(11) Outdoor Display Areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of 10 feet. Display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives.

(12) 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 only where clearly depicted and labeled on the approved site plan.

(13) Landscaping. Landscaping shall meet the standards in See Article VIII.

(14) Lighting. On-site exterior lighting shall meet the standards in Section 18-104.

(15) Signage. See Chapter 24 of the City of Marshfield Code of Ordinances for sign regulations.

(16) Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties.

(17) 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.

(18) Additional Rules Applicable to All Large Developments (per Section (2)(b), 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. Where buildings are proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or out lots closer to the street. 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 detailed neighborhood plan shall contain the following specific elements at a scale of not less than 1" = 400':

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.

(e) Building and Parking Placement. A maximum of 75 percent of all parking spaces located anywhere on the site shall be located between the primary street frontage right of way line and line of equal setback to the most distant front wall of the building. The remainder of parking on the site shall be set back a greater distance from this setback line to the sides, street sides, and rear of the building unless the applicant can demonstrate a hardship and is approved by the Plan Commission.

 

(f) Vacation of Existing Buildings in Large Developments.

1. Where any Large Development is vacated because the commercial use (sale of goods or merchandise at the building) conducted thereon is being relocated to a different building, the party shall be subject to the following provisions:

a. The party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease.

b. The development agreement for the new development at the new site shall include provisions therein whereby the developer of the new site commits to the requirements contained herein.

2. Any building within a Large Development that is vacated for any reason shall be subject to the following provisions:

a. The owner must file with the City a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building.

b. The owner shall be required to meet the requirements defined below based on the amount of time the building remains vacant:

Figure 18-114(a): Steps for Addressing Building Vacancy

Time Period Building is VacantRequirement
Within 1 Year of VacancyInstall a fire department Access Box for annual fire inspection if the Fire Department determines it is necessary. Remove signage and sign structures.
Within 3 Years of VacancyCity may require owner to paint the building a neutral color, if not already done.
Within 5 Years of VacancyCity may require the removal of all hard surfaces, with the exception of the main driveway and fire lane around the building, restore the former hard surfaced areas with black dirt and grass, or any combination of the above.

 

c. Within the first quarter of each year of vacancy, the owner shall provide the Zoning Administrator with a statement as to the condition of the building and prospects for removal or re-occupancy of the building(s).

e. At any time following vacancy, the City may utilize other enforcement options available to it to ensure property maintenance and upkeep of the building and site.

e. Temporary occupancy of the building(s) and/or the exterior grounds for a period of 365 consecutive days or less shall not be considered to remove the vacancy status of the building under this Section.

(g) Additional Requirements. All large developments are subject to the following additional requirements:

1. The developer shall enter into a development agreement with the City, which shall include the payment of all utilities including but not limited to stormwater, sanitary sewer, and street infrastructure. Off-site improvements may also be required as part of the development agreement.

2. All buildings located between the large building on the site and a public street shall be of architectural quality comparable to the primary structure, as determined by the Plan Commission.

 

(Code 1982, 17.15(4); Ord. No. 1073, 1, 8-22-2006)