Planning commission forwards zoning text change to protect lots and structures made nonconforming by public dedications

The Marshfield Planning Commission on Sept. 16 voted to forward proposed text amendments to Chapter 18 of the zoning code that clarify how nonconforming and substandard lots and structures are treated when municipal-required actions reduce lot area or change setbacks.

Planner Bryce Hamburg said the change to sections 18-82 and 18-83 would specify that properties made nonconforming because the city (or other public entity) required dedication of land for right-of-way expansion, replatting or lot-line adjustments would continue to be treated as legally conforming lots or structures. Hamburg said the amendment is intended to protect property owners from being penalized when the nonconformity is a direct result of a government-required land dedication rather than a change to the zoning rules.

Hamburg clarified this protection would not cover nonconformities created by later changes to zoning district standards (for example, a council-initiated change to setback requirements). He said the amendment would apply only when a property’s reduction in area or setback occurs because of a required dedication or other legal action transferring private property to a government entity for public right of way.

The commission opened the public hearing and heard no comments. A motion to approve forwarding the text amendment passed on a voice and roll-call vote; the commission’s roll call showed unanimous support: Commissioner Mitchell (yes); Commissioner Meyer (yes); Commissioner Frederick (yes); Commissioner Bernardi (yes); Commissioner Caprillion (yes); Council member O’Reilly (yes); Mayor Teasbake (yes). Hamburg told commissioners the item will be prepared for first reading before the common council the following week.

The action is framed as a clarifying amendment rather than a change to substantive development standards. Hamburg told the commission staff had made three minor language edits and that the change is intended to remove an unwanted result where public-required land dedications would otherwise render an otherwise-legal lot or structure nonconforming.

The commission’s recommendation will proceed to the common council for a first reading next week.