[Amended 4-6-1994 by Ord. No. 1467(40); 3-5-1996 by Ord. No. 1525(31); 12-3-1996 by Ord. No. 1544(13)]
A.
For the purpose of this chapter, the City of Burlington
is hereby divided into the following 24 basic zoning districts:
[Amended 8-5-2003 by Ord. No. 1729(9); 11-9-2006 by Ord. No. 1808(12); 11-9-2006 by Ord. No.
1812(16)]
|
A-1
|
Agricultural/Holding District
| |
|
Rs-1
|
Single-Family Residence District
| |
|
Rs-2
|
Single-Family Residence District
| |
|
Rs-3
|
Single-Family Residence District
| |
|
TN-R
|
Traditional Neighborhood Residence District
| |
|
Rd-1
|
Two-Family Residence District
| |
|
Rd-2
|
Two-Family Residence District
| |
|
Rm-1
|
Multiple-Family Residence District
| |
|
Rm-2
|
Multiple-Family Residence District
| |
|
Rm-3
|
Low-Density Multiple-Family Residence District
| |
|
Rm-4
|
Multiple-Family Residence District
| |
|
B-1
|
Neighborhood Business District
| |
|
B-2
|
Central Business District
| |
|
B-2A
|
Central Business Transition District
| |
|
B-3
|
Professional Office District
| |
|
M-1
|
Light Manufacturing District
| |
|
M-2
|
General Manufacturing District
| |
|
M-3
|
Manufacturing and Office Park District
| |
|
M-4
|
Manufacturing District
| |
|
Q-1
|
Quarrying/Extractive District
| |
|
I-1
|
Institutional District
| |
|
P-1
|
Park District
| |
|
C-1
|
Conservancy District
| |
|
FW
|
Floodway District
| |
|
GFP
|
General Floodplain District
|
B.
In addition, there are hereby established within the
City of Burlington five overlay districts which shall be known as:
[Amended 8-5-2003 by Ord. No. 1729(9); 11-9-2006 by Ord. No. 1808(12); 5-15-2007 by Ord. No.
1827(31)]
|
FFO
|
Floodfringe Overlay District
| |
|
SWO
|
Shoreland Wetland Overlay District
| |
|
HPO
|
Historic Preservation Overlay District
| |
|
PUD
|
Planned Unit Development Overlay District
| |
|
WPO
|
Wellhead Protection Overlay District
|
C.
Boundaries of these districts are hereby established
as shown on the maps titled "Zoning Map, City of Burlington, Wisconsin,"
dated April 7, 1982, and subsequent amendments thereto, and "Supplementary
Floodland Zoning Map, City of Burlington, Wisconsin," dated April
7, 1982, and subsequent amendments thereto, both of which maps accompany
and are herewith made a part of this chapter.[1] The district boundaries in all districts, except the conservancy
and floodland districts and the SWO Shoreland Wetland Overlay District,
shall be construed to follow corporate limits; United States Public
Land Survey lines; lot or property lines; center lines of streets,
highways, alleys, easements, and railroad rights-of-way; or such lines
extended, unless otherwise noted on the Official Zoning Map.
[1]
Editor's Note: The Zoning Map and Supplementary
Floodland Zoning Map are on file at the office of the City Clerk.
D.
Boundaries of the FW Floodway District, the GFP General Floodplain District and the FFO Floodfringe Overlay District shall be determined as set forth in Chapter 119, § 119-1.5.
[Amended 11-9-2006 by Ord. No. 1808(12); 3-6-2012 by Ord. No. 1943(20)]
E.
Boundaries of the SWO Shoreland Wetland Overlay District
are based on the Wisconsin Wetland Inventory Map for the City of Burlington,
dated October 26, 1988, and stamped "Final," and include, but are
not limited to, all shoreland wetlands five acres or greater in area
shown on the map.
F.
Vacation of public streets and alleys shall cause
the land vacated to be automatically placed in the same district as
the abutting side to which the vacated land reverts.
G.
Annexations or consolidations with the City subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural/Holding District, unless the annexation ordinance temporarily or permanently places the land in another district. When annexed land is temporarily zoned, the City Plan Commission shall evaluate and recommend a permanent classification to the Common Council within one year of the annexation. Annexations or consolidations containing floodlands and shorelands shall be placed in an appropriate district, including overlay districts, where applicable, and the use of the land shall further meet the floodland and/or shoreland restrictions contained in this chapter and Chapter 119.
[Amended 5-6-2003 by Ord. No. 1721(1); 11-18-2003 by Ord. No. 1740(20); 3-6-2012 by Ord. No.
1943(20)]
Certified copies of the Zoning Map and the Supplementary
Floodland Zoning Map shall be adopted and approved with the text as
part of this chapter and shall be available to the public in the office
of the City Clerk.
The A-1 Agricultural/Holding District is intended
to provide for the continuation of general farming and related uses
in those areas of the City that are not yet committed to urban development.
It is further intended for this district to protect lands contained
therein from urban development until their orderly transition into
urban-oriented districts is required.
A.
A-1 permitted uses.
(1)
General farming, including agriculture, dairying,
floriculture, forestry, grazing, hay, orchards, truck farming and
viticulture (grape growing); provided, however, that farm buildings
housing animals, barnyards, and feedlots shall not be located in a
floodland and shall be at least 100 feet from any navigable water
or district boundary.
(2)
Keeping and raising of domestic stock for agribusiness,
show, breeding, or other purposes incidental to the principal use
of the premises and subject to the following limitations:
(3)
Existing dwellings not accessory to any farm operation
or dwelling remaining after consolidation of farms.
B.
A-1 permitted accessory uses.
[Amended 3-18-2003 by Ord. No. 1716(30)]
(1)
Customary accessory buildings, including not more
than one roadside stand for the sale of farm products produced on
the premises. Any such stand shall conform to the setback, sign, and
other provisions of this chapter.
(2)
One farm dwelling per operating farm.
(3)
Attached or detached private garages and carports
accessory to permitted uses, provided that such accessory uses shall
not involve the conduct of a business.
(4)
Home occupations.
C.
A-1 conditional uses (see § 315-130).
(1)
Airports, airstrips, and landing fields, provided
that the site is not less than 20 acres.
(2)
Governmental and cultural uses.
(3)
Utilities, provided that all principal structures
and uses are not less than 50 feet from any residential district lot
line.
(4)
Housing for farm laborers and seasonal or migratory
farm workers.
(5)
Drive-in establishments selling fruits and vegetables.
(6)
Transmitting towers; receiving towers; relay and microwave
towers without broadcast facilities or studios; and wireless communications
towers, antennas, and associated accessory structures and facilities.
[Amended 3-18-2003 by Ord. No. 1716(30)]
(7)
Veterinary clinics, provided that no structure or
animal enclosure shall be located closer than 100 feet to a property
boundary.
(8)
Commercial feedlots, livestock sales facilities, and
fur farms.
(9)
Bed-and-breakfast establishments providing adequate
off-street parking facilities.
(10)
Borrow pit uses meeting the following conditions:
[Added 2-7-2006 by Ord. No. 1790(14)]
(e)
Minimum required setbacks and area for borrow
pits:
[1]
The borrow pit use shall be set back a minimum
of 200 feet from the right-of-way line of all highways, streets, or
roads and all exterior property lines, except that said required minimum
setback may be reduced to 100 feet when abutting side and rear property
lines of the M-1, M-2, M-3, M-4, and Q-1 Zoning Districts.
[2]
Uses accessory to the borrow pit operations,
such as offices, off-street parking and loading areas, and stockpiles
of materials, shall be set back a minimum of 100 feet from the right-of-way
line of all highways or roads and all property lines.
[3]
The minimum site area for a borrow pit shall
be five acres.
D.
Lot area and width (also see Article VI).
(1)
Farm structures hereafter erected, moved, or structurally
altered shall provide a contiguous area of not less than five acres,
and no farm parcel shall be less than 300 feet in width.
(2)
Accessory farm dwellings, existing residential structures,
and farm dwellings remaining after the consolidation of existing farms
shall provide a lot area of not less than 40,000 square feet and a
lot width of not less than 120 feet.
E.
Building height and area (also see Article VI). No building or parts of a building shall exceed 60 feet in height. No farm dwelling or other residential structure shall be less than 800 square feet in area.
The Rs-1 Residence District is intended to provide
for single-family residential development, at densities not to exceed
3.1 dwelling units per net acre, served by municipal sewer and water
facilities.
A.
Rs-1 permitted uses.
(1)
Single-family dwellings.
(2)
Foster homes; treatment foster homes.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(3)
Family day-care home.
[Added 10-1-1991 by Ord. No. 1349(19)]
(4)
Community living arrangements which have a capacity
for eight or fewer persons being served by the program.
(5)
Adult family homes.
[Added 11-18-2003 by Ord. No. 1740(20)]
(6)
Essential services.
D.
Lot area and width (also see Article VI). Lots shall be a minimum of 14,000 square feet in area and shall be not less than 80 feet in width.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.
The Rs-2 Residence District is intended to provide
for single-family residential development, at densities not to exceed
3.9 dwelling units per net acre, served by municipal sewer and water
facilities.
A.
D.
Lot area and width (also see Article VI). Lots shall have a minimum of 11,000 square feet in area and shall be not less than 70 feet in width.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.
The Rs-3 Residence District is intended to provide
for single-family residential development on lots at densities not
to exceed 5.4 dwelling units per net acre served by municipal sewer
and water facilities.
A.
C.
Rs-3 conditional uses.
(1)
Community living arrangements which have a capacity
for nine or more persons.
(2)
Utilities.
(3)
Greenhouses with associated sales.
(4)
Churches.
(5)
Bed-and-breakfast establishments providing adequate
off-street parking facilities.
(6)
Modified two-family dwelling. A single-family dwelling in the Rs-3 District may be utilized as a two-family dwelling upon the issuance of a conditional use for such purpose as approved by the City Plan Commission pursuant to § 315-130 and if the parcel and premises meet the following minimum standards:
[Added 7-3-1990 by Ord. No. 1309(7)]
(a)
The premises is owner-occupied.
(b)
The parcel abuts an Rd-1 or Rd-2 Residence District.
(c)
The parcel has a minimum lot area not less than
90% of the area of the Rd-2 District.
(d)
The parcel is large enough to provide off-street
parking, and no more than three vehicles will be permitted to park
on the parcel.
(f)
The dwelling is occupied by no more than six
permanent residents/occupants.
(g)
Any alterations, improvements or remodeling
necessary to comply with the Building Code do not require a violation
of the setback requirements nor encroach on the setback requirements
to an extent greater than exists at the time of the application.
(h)
No objection is received from any abutting property
owner within 300 feet of the parcel.
(i)
The conditional use, if granted, will expire
upon the transfer of ownership, either legal or equitable, in any
way whatsoever.
D.
Lot area and width (also see Article VI). Lots shall have a minimum of 8,000 square feet in area and shall be not less than 60 feet in width.
[Added 12-7-1999 by Ord. No. 1611(13)]
A.
Intent. The TN-R Traditional Neighborhood Residence
District is intended to:
(1)
Be used exclusively in areas of the City planned for
traditional neighborhood development of a residential nature as indicated
on the City's Comprehensive Master Plan or element of the City's Comprehensive
Master Plan.
(2)
Be served by public sanitary sewer and water supply
facilities.
(3)
Provide areas of open space.
B.
Permitted uses. The following uses shall be permitted
uses in the TN-R Traditional Neighborhood Residence District:
D.
Conditional uses. The following uses shall be conditional
uses in the TN-R Traditional Neighborhood Residence District:
(1)
Two-family dwelling structures.
(2)
Multiple-family dwelling units not to exceed four
dwelling units per structure, provided that they have a minimum floor
area per dwelling unit of 600 square feet for an efficiency dwelling
unit, 700 square feet for a one-bedroom dwelling unit, 825 square
feet for a two-bedroom dwelling unit, and 1,000 square feet for a
three-bedroom dwelling unit. Dens, libraries, studies, lofts, or other
rooms within a dwelling unit which can potentially be used as a bedroom
shall be considered and counted as a bedroom.
(3)
Community living arrangements which have a capacity
for nine or more persons in either or both units of a two-family dwelling
structure.
(4)
Utilities.
E.
District standards. The TN-R Traditional Neighborhood Residence District is further intended to have the development standards as set forth in Table 1.[3]
[3]
Editor's Note: Table 1 is included at the end of this chapter.
F.
Off-street parking standards. Off-street parking requirements for the TN-R Traditional Neighborhood Residence District shall be as indicated in Article V of this chapter.
H.
Site plan and landscape plan requirements. Except in the case of individual single-family and two-family dwelling lots, site plans and landscape plans shall be required in the TN-R Traditional Neighborhood Residence District meeting those requirements set forth in §§ 315-137 and 315-138 of this chapter.
The Rd-1 Residence District is intended to provide
for two-family residential development, at densities not to exceed
6.2 dwelling units per net acre, served by municipal sewer and water
facilities.
A.
Rd-1 permitted uses.
(1)
Two-family dwellings.
(3)
Community living arrangements which have a capacity
for eight or fewer persons served by the program in either or both
units of a two-family dwelling structure.
(4)
Family day-care home in a single-family dwelling.
[Added 10-1-1991 by Ord. No. 1349(19)]
(6)
Essential services.
C.
Rd-1 conditional uses (see § 315-130).
(1)
Community living arrangements which have a capacity
for nine or more persons in either or both units of a two-family dwelling
structure.
(2)
Family day-care home in either or both units of a
two-family dwelling.
[Added 10-1-1991 by Ord. No. 1349(19)]
(3)
Utilities.
(4)
Churches.
(5)
Single-family dwellings.
(6)
Bed-and-breakfast establishments providing adequate
off-street parking facilities.
D.
Lot area and width (also see Article VI). Lots shall have a minimum area of 14,000 square feet and shall be not less than 80 feet in width.
E.
Building height. No building or parts of a building
shall exceed 35 feet in height.
F.
Setback and yards.
The Rd-2 Residence District is intended to provide
for two-family residential development on lots at densities not to
exceed 7.9 dwelling units per net acre, served by municipal sewer
and water facilities.
A.
Rd-2 permitted uses.
(1)
Two-family dwellings.
(2)
Foster homes or treatment foster homes in either or
both units of a two-family dwelling.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(3)
Community living arrangements which have a capacity
for eight or fewer persons served by the program in either or both
units of a two-family dwelling structure.
(4)
Family day-care home in a single-family dwelling.
[Added 10-1-1991 by Ord. No. 1349(19)]
(5)
Adult family homes in either or both units of a two-family
dwelling structure.
[Added 11-18-2003 by Ord. No. 1740(20)]
(6)
Essential services.
C.
Rd-2 conditional uses (see § 315-130).
(1)
Community living arrangements which have a capacity
for nine or more persons in either or both units of a two-family dwelling
structure.
(2)
Family day-care home in either or both units of a
two-family dwelling.
[Added 10-1-1991 by Ord. No. 1349(19)]
(3)
Utilities.
(4)
Churches.
(5)
Single-family dwellings.
(6)
Multifamily dwelling units not to exceed four dwelling
units, provided they have minimum floor areas of 475 square feet for
efficiency, 575 square feet for one bedroom, and 675 square feet for
two bedrooms.
(7)
Bed-and-breakfast establishments providing adequate
off-street parking facilities.
(8)
Residential-based public educational outreach center
uses meeting the following conditions:
[Added 10-17-2006 by Ord. No. 1811(15)]
(a)
A residential-based public educational outreach
center use shall be located within a residential dwelling structure.
(b)
The residential-based public educational outreach
center use shall be used as a teaching facility.
(c)
The residential-based public educational outreach
center use shall exclusively serve persons with disabilities.
(d)
The residential-based public educational outreach
center use portion of any residential structure shall not be occupied
as residential quarters.
(e)
The maximum number of employees at the residential-based
public educational outreach center use at any given time shall be
approved by the Plan Commission on a case-by-case basis taking into
consideration the availability of adequate off-street parking for
said employees.
(f)
The maximum number of persons served at the
residential-based public educational outreach center use at any given
time shall be approved by the Plan Commission on a case-by-case basis
taking into consideration the size of the residential-based public
educational outreach center use and the availability of adequate off-street
parking for said persons served.
(g)
A minimum of two off-street parking spaces shall
be provided on-site for the residential-based public educational outreach
center use. Proof of the availability of adequate combined on-site
and nearby off-site parking (as determined by the Plan Commission
on a case-by-case basis) to accommodate the proposed residential-based
public educational outreach center use and its employees shall be
furnished to the Plan Commission by the applicant in writing.
(h)
The exterior residential character of the two-family
residential dwelling structure within which the residential-based
public educational outreach center use is housed shall not be altered
in such a way so as to detract from the residential character of the
neighborhood within which the residential-based public educational
outreach center is located.
(i)
The residential-based public educational outreach
center use shall meet the various dimensional requirements of the
Rd-2 Two-Family Residence District.
(j)
In an effort to minimize the impact of the residential-based
public educational outreach center upon the residential character
of the neighborhood within which the center is located, hours and
periods of use of the residential-based public educational outreach
center use shall be as determined by the Plan Commission.
D.
Lot area and width (also see Article VI). Lots shall have a minimum area of 11,000 square feet and shall be not less than 75 feet in width.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.
F.
Setback and yards.
The Rm-1 Residence District is intended to provide
for multiple-family residential development, at densities not to exceed
12.4 dwelling units per net acre, served by municipal sewer and water
facilities.
A.
Rm-1 permitted uses.
(1)
Multiple-family dwellings not to exceed four units
per structure.
(2)
Foster homes; treatment foster homes in one or more
units of a multiple-family dwelling structure.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(3)
Community living arrangements which have a capacity
for 15 persons or fewer.
(4)
Adult family homes in one or more units of a multiple-family
dwelling structure.
[Added 11-18-2003 by Ord. No. 1740(20)]
(5)
Essential services.
C.
Rm-1 conditional uses (see § 315-130).
(1)
Community living arrangements which have a capacity
for 16 persons or more.
(2)
Housing for the elderly, provided that elderly housing
densities shall not exceed 22 units per net acre or 32 bedrooms per
net acre, whichever is greater.
(3)
Utilities.
(4)
Churches.
(5)
Bed-and-breakfast establishments providing adequate
off-street parking facilities.
D.
Lot area and width (also see Article VI).
(1)
Lots shall have the minimum of the larger of 11,000
square feet in area or:
|
Dwelling Type
|
Minimum Lot Area
(square feet per unit)
| |
|---|---|---|
|
Multiple-family, efficiency and one-bedroom
|
3,500
| |
|
Multiple-family, two-bedroom
|
4,000
| |
|
Multiple-family, three-bedroom or more
|
6,000
|
(2)
Lots shall not be less than 120 feet in width.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.
F.
Setback and yards.
(1)
A minimum street yard of 25 feet from the right-of-way
of all public streets shall be required.
(2)
There shall be a minimum side yard required for all
structures of not less than eight feet on a side nor less than 20
feet total for both side yards.
(3)
There shall be a rear yard of not less than 25 feet.
G.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for multiple-family use shall, before a building permit is issued,
present detailed site plans pertaining to the proposed structure to
the City Plan Commission, which will approve said plans only after
determining that the proposed building will not impair an adequate
supply of light and air to adjacent property or substantially increase
the danger of fire or traffic congestion or otherwise endanger the
public health or safety or substantially diminish or impair property
values within the neighborhood.
The Rm-2 Residence District is intended to provide
for multiple-family residential development, at densities not to exceed
17.4 dwelling units per net acre, served by municipal sewer and water
facilities.
A.
C.
Rm-2 conditional uses (see § 315-130).
(1)
Community living arrangements which have a capacity
for 16 persons or more.
(2)
Housing for the elderly, provided that elderly housing
densities shall not exceed 22 units per net acre or 32 bedrooms per
net acre, whichever is greater.
(3)
Utilities.
(4)
Churches.
(5)
Mobile home parks:
(a)
Minimum park size shall be 10 acres.
(b)
Minimum park width shall be 450 feet.
(c)
Minimum open space provided shall be 20% of
the development area, exclusive of streets.
(d)
Minimum lot area for a single-module mobile
home shall be 5,000 square feet. The mobile home lot shall be a minimum
of 50 feet in width.
(e)
Minimum lot area for a double-module mobile
home shall be 6,000 square feet. The mobile home lot shall be a minimum
of 60 feet in width.
(f)
Minimum setback for a mobile home park shall
be 75 feet from the right-of-way line of a Class A highway and 50
feet from all other public streets.
(g)
Minimum distance between mobile home units and
all other exterior park lot lines shall be 40 feet.
(h)
Minimum distance between mobile home units and
any service road shall be 20 feet.
(i)
Minimum distance between mobile home trailers
shall be 15 feet.
(j)
All drives, parking areas, and walkways shall
be surfaced with dust-free material. There shall be two parking spaces
for each mobile home.
(k)
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.
(l)
Each mobile home park shall be completely enclosed,
except for permitted entrances and exits, by either:
[1]
A temporary planting of fast-growing material,
capable of reaching a height of 10 feet or more.
[2]
A permanent evergreen planting, the individual
trees to be of such a number and so arranged that within 10 years
they will have formed a dense screen. Such permanent planting shall
be grown or maintained to a height of not less than 10 feet.
(m)
All mobile homes shall meet the construction
standards of the Mobile Homes Manufacturing Association.
(n)
No mobile home site shall be rented for a period
of less than 30 days.
(6)
Bed-and-breakfast establishments providing adequate
off-street parking facilities.
D.
Lot area and width (also see Article VI).
[Amended 9-3-2002 by Ord. No. 1699(13)]
(1)
Lots shall have the minimum of the larger of 11,000
square feet in area or:
|
Dwelling Type
|
Minimum Lot Area
(square feet per unit)
| |
|---|---|---|
|
Multiple-family, efficiency and one-bedroom
|
2,500
| |
|
Multiple-family, two-bedroom
|
2,680
| |
|
Multiple-family, three-bedroom
|
4,500
|
(2)
Lots shall not be less than 120 feet in width.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.
F.
Setback and yards (also see Article VI).
(1)
A minimum street yard of 25 feet from the right-of-way
of all public streets shall be required.
(2)
There shall be a minimum side yard required for all
structures of not less than eight feet on a side nor less than 20
feet total for both side yards.
(3)
There shall be a rear yard of not less than 25 feet.
G.
Anchoring of mobile/modular homes. All mobile or modular
homes shall be permanently anchored and constructed with skirting
at their base.
H.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for multiple-family use shall, before a building permit is issued,
present detailed site plans pertaining to the proposed structure to
the City Plan Commission, which will approve said plans only after
determining that the proposed building will not impair an adequate
supply of light and air to adjacent property or substantially increase
the danger of fire or traffic congestion or otherwise endanger the
public health or safety or substantially diminish or impair property
values within the neighborhood.
[Added 12-7-1999 by Ord. No. 1611(13)]
A.
Intent. The Rm-3 Low-Density Multiple-Family Residence
District is the least dense of the multiple-family residential district
types. The Rm-3 Low-Density Multiple-Family Residence District is
intended to:
(1)
Establish and preserve low-density multifamily residential
districts in the City in a way that is consistent with the City of
Burlington Master (Comprehensive) Plan and elements thereof.
(2)
Provide areas of open space.
(3)
Be used as a transitional district between the less
dense Rd-2 District and other higher intensity Rm-1, Rm-2, commercial,
or institutional districts with the provision of adequate landscape
bufferyards.
(4)
Be served by public sanitary sewer and water supply
facilities.
B.
Permitted uses. The following uses shall be permitted
uses in the Rm-3 Low-Density Multiple-Family Residence District:
D.
Conditional uses. The following uses shall be conditional
uses in the Rm-3 Low-Density Multiple-Family Residence District:
(1)
Community living arrangements which have a capacity
for 16 persons or more.
(2)
Housing for the elderly, provided that elderly housing
densities shall not exceed 18 dwelling units per net acre or 26 bedrooms
per net acre, whichever is greater.
(3)
Utilities.
(4)
Bed-and-breakfast establishments providing adequate
off-street parking.
E.
District standards. The Rm-3 Low-Density Multiple-Family
Residence District is further intended to have the development standards
as set forth in the following table:
|
Type of Standard
|
Multiple-Family Attached Dwelling Units
with More Than Two Dwelling Units per Structure
| ||
|---|---|---|---|
|
Minimum Open Space Ratio and Maximum Density
| |||
|
Open space ratio (OSR)
|
0.40
| ||
|
Gross density (GD)
|
8.00
| ||
|
Net density (ND)
|
8.00
| ||
|
Lot Dimensional Requirements
| |||
|
Minimum lot area (square feet)
|
43,560
| ||
|
Minimum lot width at setback line
(feet)
|
150
| ||
|
Minimum front yard (feet)
|
30
| ||
|
Minimum side yard (feet)
|
20
| ||
|
Minimum side yard on corner lot (feet)
|
30
| ||
|
Minimum rear yard (feet)
|
50
| ||
|
Minimum shore yard (feet)
|
75
| ||
|
Maximum lot coverage (maximum percent of lot
area)
|
N/A
| ||
|
Maximum building height
| |||
|
Principal structure (stories/feet)
|
3.0/45
| ||
|
Accessory structure (stories/feet)
|
1.0/15
| ||
|
NOTES:
N/A = Not applicable
|
F.
Off-street parking standards. Off-street parking requirements for the Rm-3 Low-Density Multiple-Family Residence District shall be as indicated in Article V of this chapter.
G.
Trash dumpsters and garbage receptacles (trash and
garbage storage). The following requirements shall be met for trash
dumpsters and garbage receptacles in the Rm-3 Low-Density Multiple-Family
Residence District:
(1)
Trash dumpster and garbage receptacle enclosures required.
All garbage cans, trash dumpsters, trash containers, and other storage
devices situated on any property shall be closed containers with lids
and shall be concealed or suitably screened from public view. Sight-proof
fencing (wood or masonry) and landscaping shall be used to totally
obstruct vision into the storage areas. Where such facilities are
provided outside a building, they shall be screened from public rights-of-way
and adjacent property by an enclosure constructed of materials compatible
with the materials on the front building wall of the main building.
(2)
Trash dumpster and garbage receptacle maintenance
required. Fencing and landscaping for such areas shall be maintained
in good condition and kept litter-free. All garbage cans, trash containers,
and other garbage storage devices shall be emptied and the contents
thereof properly disposed of not less than once every seven days.
(3)
Unenclosed storage of trash or waste prohibited. No
portion of the lot shall be used for open or unenclosed storage of
trash or waste of any kind.
(4)
Trash dumpster and garbage receptacle location in
off-street parking space or drive prohibited. No trash dumpster or
other trash or waste receptacle shall be permitted in any off-street
parking space or drive.
(5)
Paved slab required. All trash dumpsters and garbage
receptacles shall be placed upon a paved slab.
(6)
Adequate size to accommodate recycling materials.
All trash dumpster and garbage receptacle areas shall be of an adequate
size to accommodate the storage of materials to be recycled.
(7)
Building permit required for the construction of garbage,
trash, waste, and dumpster enclosures. A building permit shall be
required for the construction of any garbage, trash, waste, or dumpster
enclosure.
I.
Site plan and landscape plan requirements. Except in the case of individual single-family and two-family dwelling lots, site plans and landscape plans shall be required in the Rm-3 Low-Density Multiple-Family Residence District meeting those requirements set forth in §§ 315-137 and 315-138 of this chapter.
[Added 4-5-2000 by Ord. No. 1617(21)]
A.
Intent. The Rm-4 Residence District is intended to
provide for multiple-family residential planned unit developments
at densities not to exceed 75 dwelling units per net acre, served
by municipal sewer and water facilities. It is further intended that
the Rm-4 District be applied and used only in conjunction with the
use of the PUD Planned Unit Development Overlay District.
B.
Permitted uses.
(2)
Foster homes; treatment foster homes in one or more
units of a multiple-family dwelling structure.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(3)
Community living arrangements that have a capacity
for 15 persons or fewer.
(4)
Adult family homes in one or more units of a multiple-family
dwelling structure.
[Added 11-18-2003 by Ord. No. 1740(20)]
(5)
Essential services.
D.
Conditional uses (see § 315-130).
(1)
Community living arrangements which have a capacity
for 16 persons or more.
[Added 11-18-2003 by Ord. No. 1740(20)]
(2)
Conditional uses which will be limited to the first
floor only:
(a)
Personal service establishments that perform
personal services on the premises, including beauty shops, barbershops,
tailor shops, laundry and dry-cleaning establishments, watch repair
and shoe repair.
(b)
Restaurants or other places serving food or
beverages, except those which permit food or beverages to be consumed
on the premises in a motor vehicle.
(c)
Stores of a generally recognized retail nature
which supply commodities on the premises, such as, but not limited
to, groceries, drugs, dry goods, clothing, flowers, and notions.
(d)
Pools and fitness facilities.
E.
Lot area and width. Lot area and width shall be determined under the planned unit design plan as approved by the Plan Commission but shall not be less than 2 1/2 acres per § 315-43 of this chapter.
[Amended 6-17-2008 by Ord. No. 1862(4)]
F.
District standards. The Rm-4 Multiple-Family Residence
District is further intended to have the development standards as
set forth in the following table:
|
Type of Standard
|
Multiple-Family Attached Dwelling Units
| ||
|---|---|---|---|
|
Lot Dimensional Requirements
| |||
|
Minimum lot area (square feet)
|
130,680
| ||
|
Minimum lot width at setback line (feet)
|
TBD
| ||
|
Minimum front yard (feet)
|
25
| ||
|
Minimum side yard (feet)
|
8 feet one side and not less than 20 feet total
for both side yards
| ||
|
Minimum side yard on corner lot (feet)
|
30
| ||
|
Minimum rear yard (feet)
|
25
| ||
|
Minimum street yard (feet)
|
25
| ||
|
Maximum lot coverage (maximum percent of lot
area)
|
N/A
| ||
|
Maximum Building Height
| |||
|
Principal structure
|
70 feet
| ||
|
Accessory structure (stories/feet)
|
1.0/15
| ||
|
NOTES:
TBD = To be determined under the planned unit
design plan as approved by the Plan Commission
N/A = Not applicable
|
G.
Off-street parking standards. Off-street parking requirements for the Rm-4 Multiple-Family Residence District shall be as indicated in Article V of this chapter.
H.
Signage requirements. See Article VII of this chapter. The provisions of signage requirements for PUD (residential) shall be used.
[Amended 11-18-2003 by Ord. No. 1740(20)]
J.
Site plans to be submitted to the Plan Commission.
Every builder of any building hereafter erected or structurally altered
for multiple-family use shall, before a building permit is issued,
present detailed site plans pertaining to the proposed structure to
the City Plan Commission, which will approve said plans only after
determining that the proposed building will not impair an adequate
supply of light and air to adjacent property or substantially increase
the danger of fire or traffic congestion or otherwise endanger public
health or safety or substantially diminish or impair property values
within the neighborhood.
A.
The B-1 Business District is intended to provide for individual or small groups of retail and customer service establishments. This type of district is generally located away from the traditional Central Business District and provides such amenities as increased open space and off-street parking and loading facilities, making such retail centers more compatible with the character of adjacent residential districts. To ensure such compatibility, a use that is listed as a permitted use or a conditional use in this district requires a conditional use permit that imposes additional requirements on the developer(s), owner(s) and lessee(s) if the enclosed structure for the permitted or conditional use exceeds 80,000 square feet. See Subsection D, Conditional uses, below and the requirements in § 315-130.
[Amended 7-16-2002 by Ord. No. 1692(6); 12-18-2007 by Ord. No. 1851(24)]
B.
B-1 permitted uses. The following uses are permitted:
[Amended 11-18-2003 by Ord. No. 1740(20)]
|
Antique and collector store
| |
|
Bakeries
| |
|
Banks, savings and loan associations and other
financial institutions
| |
|
Barbershops
| |
|
Bars and taverns
| |
|
Beauty shops
| |
|
Bookstores
| |
|
Bowling alleys
| |
|
Business offices
| |
|
Camera and photographic supply stores
| |
|
Clinics
| |
|
Clothing stores
| |
|
Clubs
| |
|
Confectioneries
| |
|
Dance halls
| |
|
Delicatessens
| |
|
Dental clinics
| |
|
Department stores
| |
|
Drugstores
| |
|
Fish markets
| |
|
Fitness centers 4,000 square feet and under
in area
[Added 12-18-2007 by Ord. No. 1850(23)] | |
|
Florists
| |
|
Fraternities
| |
|
Fruit stores
| |
|
Funeral homes
| |
|
Furniture stores
| |
|
Furriers and fur apparel
| |
|
Gift stores
| |
|
Grocery stores
| |
|
Hobby and craft shops
| |
|
Jewelry stores
| |
|
Lodges
| |
|
Meat markets
| |
|
Medical clinics
| |
|
Music stores
| |
|
Newspaper and magazine stores
| |
|
Optical stores
| |
|
Packaged beverage stores
| |
|
Paint, glass and wallpaper stores
| |
|
Professional offices
| |
|
Public utility offices
| |
|
Publishing houses
| |
|
Radio and television stores
| |
|
Restaurants
| |
|
Self-service laundry and dry-cleaning establishments
| |
|
Shoe stores and leather goods stores
| |
|
Soda fountains
| |
|
Sporting goods stores
| |
|
Stationery stores
| |
|
Supermarkets
| |
|
Tanning salons 4,000 square feet and under in
area
[Added 12-18-2007 by Ord. No. 1850(23)] | |
|
Theaters
| |
|
Tobacco stores
| |
|
Variety stores
| |
|
Vegetable stores
|
D.
Conditional uses (see § 315-130).
(1)
Residential quarters for the owner, proprietor, commercial
tenant, employee or caretaker located in the same building as the
business.
[Added 6-1-1993 by Ord. No. 1438(10)]
(2)
Rental efficiency, one-bedroom apartments, and two-bedroom
apartments on a non-ground level, provided there shall be a minimum
floor area of 350 square feet for an efficiency apartment, 450 square
feet for a one-bedroom apartment, and 650 square feet for a two-bedroom
apartment.
[Added 6-1-1993 by Ord. No. 1438(10)]
(3)
Boardinghouses provided the following conditions are
met:
[Added 12-17-2002 by Ord. No. 1708(22)]
(a)
The use shall be located on a non-ground-floor
level only.
(b)
A minimum of 200 square feet of floor area shall
be provided per tenant.
(c)
The site plan for the proposed use shall be required to indicate the total number of rooms, the proposed number of tenants per room, the total number of tenants, and the total number of square feet per tenant as well as meet the requirements of § 315-137, Site plans, of this chapter.
(d)
Off-street parking shall be provided at the
rate of one space per tenant unless relevant data is provided to,
and accepted by, the Plan Commission which indicates that a lesser
number of off-street parking spaces will meet the needs of the proposed
development.
(e)
The Plan Commission shall find that the proposed
use is not detrimental to adjacent uses.
(f)
The Plan Commission may require additional conditions
to protect the public health, safety, and welfare or to mitigate potential
harmful effects of the proposed use upon adjacent properties, including
but not limited to the installation of landscaping or fences.
(g)
The maximum term of tenancy per tenant shall
not exceed 30 days.
(4)
Elderly housing, provided densities shall not exceed
22 units per net acre or 32 bedrooms per net acre, whichever is greater.
[Amended 12-3-1991 by Ord. No. 1366(34)]
(5)
Motels, hotels and apartment hotels.
(6)
Child day-care centers, provided that any outside play area is surrounded by a security fence not exceeding a height of six feet and set back at least five feet from any street right-of-way line, with landscaping such as trees, shrubs, ground cover, flowers, and decorative mulch provided between the fence and the street right-of-way line; that no play area shall consist of entirely a hard surface area, such as asphalt or concrete, since a portion of the play area shall contain a soft base such as sand, bark mulch, or soft, prefabricated base materials specifically designed for playgrounds; that no day-care center shall be located in an area where air pollution caused by smoke, dust, gases, or other particulate matter would endanger children; that no day-care center shall be located in an area where noise would be so loud, shrill, or have an impulse to endanger children; that traffic is managed in a manner to minimize danger to children; and provided that adequate parking and circulation are provided on the day-care facility site in accordance with the standards set forth in § 315-48 of this chapter.
[Added 10-1-1991 by Ord. No. 1349(19); amended 2-4-1992 by Ord. No. 1373(42)]
(7)
Churches.
[Added 2-4-1992 by Ord. No. 1374(41)]
(8)
Cemeteries.
(9)
Crematory service.
(10)
Veterinary clinics, provided that no service,
including the boarding of animals, is offered outside of an enclosed
building.
(11)
Pet shop, provided that no sales or services
are offered outside of an enclosed building and no boarding or breeding
of animals takes place on the premises.
[Added 11-2-1993 by Ord. No. 1451(24); amended 6-7-1994 by Ord. No. 1473(4)]
(12)
Pet grooming shop, provided that no sales or
services are offered outside of an enclosed building and no boarding
or breeding of animals takes place on the premises.
(13)
Amusement game arcades, provided that all principal
structures and uses are not less than 300 feet from the lot lines
of schools and churches and not less than 50 feet from the main entrance
of any bar, tavern, cocktail lounge, or liquor store engaged in the
business of selling or dispensing alcoholic beverages on the premises;
that the maximum number of amusement game machines in any arcade shall
not exceed one machine for every 25 square feet of floor area allotted
to the arcade operation; that off-street parking shall be provided
in the amount of one space per three game machines; that bicycle racks
shall be provided on the site and must provide a total of at least
one bicycle stall for each amusement game located within the arcade,
and bicycle racks shall not be located in such a fashion as to obstruct
any entrance or exit to any premises; and that hours of operation
and supervision of the arcade shall be established by the Common Council.
(14)
Pool halls.
(15)
Drive-in establishments serving food or beverages
for consumption outside the structure.
(16)
Drive-in establishments selling fruits and vegetables.
(17)
Gasoline service stations, automobile and truck
rental services, and automobile washing.
(18)
Automotive sales and service.
(19)
New and used automobile, aircraft and marine
craft sales and the sale of tires, batteries, and other automotive,
marine and aircraft accessories.
(20)
Fuel oil, bottled gas, and ice dealers.
(21)
Building supply stores.
(22)
Construction services, including general building
contractors, carpentry, wood flooring, concrete services, masonry,
stonework, tile setting, plastering services, roofing, sheet metal
services, and water well drilling services.
(23)
Printing.
(24)
Utilities.
(25)
Transmitting towers; receiving towers; relay
and microwave towers without broadcast facilities or studios; and
wireless communications towers, antennas, and associated accessory
structures and facilities.
[Amended 3-18-2003 by Ord. No. 1716(30)]
(26)
Radio and television transmitting and receiving
stations.
(27)
Freight forwarding services, packing and crating
services, and petroleum bulk services and terminals.
(28)
Warehousing and retail/wholesale sales of electrical
apparatus and equipment, wiring supplies and construction materials,
hides, skins, and raw furs, not including outdoor storage.
(29)
Processing and assembling of final products,
provided that the limited industrial process and attendant storage
do not occupy more than 1,500 square feet of gross floor area, the
operation is conducted in an enclosed structure, and no outside storage
of product or materials may be permitted.
[Added 10-1-1991 by Ord. No. 1350(20)]
(30)
Gun stores.
(32)
Any building or use which is a permitted use
or a conditional use in this district where the size of an enclosed
structure used for the permitted or conditional use is 80,000 square
feet or greater. This provision shall apply as an overlay requirement
for any single use or multiple uses located within one enclosed structure,
if that structure exceeds 80,000 square feet.[1]
[Added 7-16-2002 by Ord. No. 1692(6); amended 12-18-2007 by Ord. No. 1851(24)]
(33)
Farm and garden machinery, equipment and supplies
sale.
[Added 12-2-2003 by Ord. No. 1737(17)]
(34)
Outdoor display of merchandise.
[Added 12-2-2003 by Ord. No. 1737(17)]
(a)
What is permitted? Outdoor facilities activities
may include: Outdoor display of merchandise (except bulk inventory),
materials and equipment including items for customer pick-up on that
day, or the site of, and operated by a legally established business,
provided as follows:
(b)
Where permitted. The Plan Commission shall consider
as part of any site plan application requested outdoor display areas
as authorized by this subsection. Outdoor display areas are permitted
for all legally established commercial uses.
(c)
Performance standards. Outdoor display areas
are subject to the following:
[1]
Site plan approval by the Plan Commission.
[2]
No outdoors display area shall encroach into
areas set aside for compliance with other criteria, such as but not
limited to, required yard setbacks, sidewalks, building entrances
and exits, vision setbacks, landscaping, green space and landscape
surface ratio, stormwater detention or retention, pedestrian areas,
emergency vehicle lanes, and motor vehicle and bicycle parking areas
and access.
[3]
Outdoor sales and display areas shall not impede
the growth or maintenance of required landscaping.
[4]
Outdoor display areas shall not include bulk merchandise (either packaged or unpackaged), such as topsoil, fertilizer, ornamental stone, mulch, firewood and other similar items unless the area is screened pursuant to Subsection D(34)(c)[5] below. Screening for these items is required.
[5]
Additional setback yards, screening and/or landscape
areas may be required to prevent adverse impacts on surrounding properties.
Outdoors sales and display areas shall be screened from view of any
residential public street right-of-way, public park or public open
space area, and from all residential- and institutional-zoned properties.
The screening of all such areas shall at a minimum consist of the
following:
[a]
When required, decorative walls
or decorative fences in no case lower in height than the tallest item(s)
located within said outdoor sales and display area. In no case, however,
shall said decorative wall exceed a height of 12 feet or fences exceed
a height of 10 feet.
[b]
Decorative fencing shall not include
the use of chain-link or wire-mesh fencing. The use of barbed or razor-wire
fencing is prohibited.
[c]
Access to such outdoor sales and
display areas shall be through gates that shall be closed and secured
except when said outdoor area is in use.
[d]
Outdoor display and sales areas shall provide a contiguous landscaped area meeting the minimum requirements of a bufferyard intensity factor of two as set forth in Table 9 of the City Zoning Ordinance.
[e]
Walls, fencing, and landscaping
for outdoor sales and display areas shall be maintained in good condition
and kept litter-free.
[f]
No products or materials shall
be stored or displayed between a wall or fence located adjacent to
a lot line and the lot line.
[6]
All outdoors sales and display areas shall be
required to be improved with pavement of either asphalt or concrete.
[7]
Outdoor storage of equipment or vehicle parts,
parts salvage or supplies unless specifically allowed herein is prohibited.
[8]
Permitted repair, installation, manufacturing
and assembly uses shall be conducted within a completely enclosed
building.
[9]
Signage is subject to approval by the Zoning
Administrator subject to the requirements of ARTICLE VII "Signs".
[10]
Sales and display areas are not
storage areas that are regulated separately by City Code.
(d)
Exceptions. Notwithstanding the provisions of Subsection D(34)(a), (b) and (c) of this section, outdoor sales and display shall be allowed to provide for the temporary outdoor display of seasonal merchandise pursuant to the following requirements.
[1]
Seasonal merchandise is defined as "merchandise
that is sold only part of the year during one of the four seasons:
winter, spring, summer or fall." Seasonal merchandise shall include
firewood, Christmas trees, fruits and vegetables, outdoor plants,
packaged mulch, packaged garden fertilizer, packaged ornamental stone,
packaged charcoal, lawnmowers, rototillers, bicycles, wading pools,
lawn furniture and other similar items.
(e)
Application. The owner of a business (or his representative) shall submit to the Zoning Administrator a site plan approval application, pursuant to the requirements of § 315-137, Site Plans, of the City Code.
(f)
Duration and renewal. Upon approval of a site
plan, an outdoor sales and display area shall be valid for a period
of one year. Outdoor sales and display areas may be renewed annually
upon finding by the Zoning Administrator that the business has complied
with all imposed terms and conditions and that no adverse impacts
or nuisance conditions have resulted.
(g)
Appeals. Decisions of the Zoning Administrator
may be appealed to the Plan Commission.
(35)
Tattoo establishments and/or body-piercing establishments, provided that they are properly licensed pursuant to Ch. HFS 173, Wis. Admin. Code, and meet the applicable requirements set forth in Chapter 284, that all principal structures are not less than 300 feet from the lot lines of schools, that a window to the establishment is large enough to provide an unobstructed view of the persons in the waiting area, and that the Plan Commission shall approve the hours of operation and the number of persons to be allowed in the establishment at one time. Proof of licensure of the establishment and all practitioners working therein shall be submitted to the City annually. A conditional use permit hereunder is not transferable to a new owner or operator of the establishment.
[Added 11-9-2006 by Ord. No. 1813(17)]
(36)
Fitness centers and tanning salons over 4,000
square feet.
[Added 12-18-2007 by Ord. No. 1850(23)]
(37)
Outside seating for establishments serving food or beverage
for consumption outside the structure.
[Added 8-7-2012 by Ord. No. 1954(8)]
(a)
Plan approval by the Plan Commission.
(b)
No outside use area is permitted unless the principal commercial
business is fully operational and said principal business is housed
in a building.
(c)
Hours of service shall be limited to the business hours or as
set by the Plan Commission.
(d)
No outside use area shall encroach into areas set aside for
compliance with other criteria, such as but not limited to: required
yard setbacks, sidewalks, building entrances and exits, required motor
vehicle off-street parking and drive areas, vision setbacks, landscaping,
green space and landscape surface ratio, stormwater detention or retention,
pedestrian areas, emergency vehicle lanes and bicycle parking areas
and access.
(e)
Designated outside areas shall be screened from all residential
zoned properties with a six-foot wood composite privacy fence or decorative
masonry wall. Areas facing public rights-of-way, public paths or public
open space may be designated with decorative fencing and landscaping.
No chain link fencing shall be allowed.
(f)
Additional yard setbacks, screening and/or landscape areas may
be required by the Plan Commission to prevent adverse impacts on surrounding
properties.
(g)
All food, beverage and condiments shall be cleaned from all
outside areas before the business closes for the day. Trash receptacles
shall be emptied or removed when full or daily. Trash receptacles
shall be covered to limit flies and to prevent the wind from spreading
the trash.
[1]
The entire outdoor food service area utilized for service and
consumption of food and beverages shall be visible from inside the
principal commercial business to which it is accessory.
[2]
Any public improvements necessary to accommodate the outdoor
food service area shall be approved by the Common Council with recommendation
from the Plan Commission and the costs for any such public improvement
thereof shall be paid by the applicant.
[3]
Service of food and alcoholic beverages in all outdoor food
service areas shall be limited to persons seated at tables in said
outdoor food service areas. Food service shall be required to be available
at all times when the outdoor service area is open.
[4]
The operator of any outdoor food service area shall be responsible
for policing the area of the outdoor food service area to ensure that
alcoholic beverages are not removed from the outdoor food service
area.
[5]
All spills, food, litter or any other item on the ground surface
area associated with the service or consumption of food and beverages
shall be cleaned or removed as soon as possible to minimize slip or
fall and/or health hazards in the outdoor food service area.
E.
Lot area and width (also see Article VI).
[Amended 6-5-2001 by Ord. No. 1657(5); 11-19-2002 by Ord. No. 1702(16)]
(1)
Existing lots of record shall be a minimum of 10,000
square feet in area and shall not be less than 80 feet in width.
(2)
Lots created after the adoption of this amendment
(June 5, 2001) shall be a minimum of 40,000 square feet in area and
shall not be less than 150 feet in width.
(3)
Land consolidations resulting in the creation of new
parcels or new lots in the B-1 District shall meet the minimum lot
area and lot width requirements of this section for lots created after
June 5, 2001. However, in the case of existing substandard lots of
record located within the B-1 District which are less than 10,000
square feet in area and which were existing on or before June 5, 2001,
the use of a certified survey map to create a lot which has a minimum
area of at least 10,000 square feet may be allowed by a favorable
vote of 3/4 of the full Common Council membership upon a positive
recommendation of the City Plan Commission.
F.
Building height (also see Article VI). No building or parts of a building shall exceed 60 feet in height.
[Amended 11-9-2006 by Ord. No. 1814(18)]
G.
Setback and yards (also see Article VI).
(1)
There shall be a minimum building setback of 25 feet
from the street right-of-way.
(2)
There shall be a side yard on either side of the business
development of not less than 10 feet in width.
(3)
No minimum rear yard is required except for those
lots less than 15,000 square feet in area, except that for those lots
where rear lot lines are contiguous to and abut residential districts,
a minimum rear yard of 25 feet shall be provided. Lots which are 15,000
square feet in area or greater shall provide a rear yard of not less
than 25 feet.
H.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for use in the business district shall, before a building permit is
issued, present detailed site plans pertaining to the proposed structure
to the City Plan Commission, which will approve said plans only after
determining that the proposed building will not impair an adequate
supply of light and air to adjacent property or substantially increase
the danger of fire or traffic congestion or otherwise endanger the
public health or safety or substantially diminish or impair property
values within the Neighborhood Business District.
I.
Minimum required landscape surface ratio (LSR).
[Added 6-5-2001 by Ord. No. 1657(5); amended 11-19-2002 by Ord. No. 1702(16)]
(1)
The minimum required landscape surface ratio (LSR)
shall be 25%, subject to the following:
(a)
Developed parcels of land, lots, or land consolidations less than 40,000 square feet in area. The landscape surface ratio (LSR) of developed parcels of land, lots, or land consolidations which are less than 40,000 square feet in area shall not be reduced below the existing landscape surface ratio (LSR) at the time of the adoption of this Subsection I (November 19, 2002) or reduced below a landscape surface ratio (LSR) of 25%, whichever is less.
(b)
Undeveloped parcels of land, lots, or land consolidations
and vacant parcels of land, lots, or land consolidations which were
made vacant by redevelopment efforts which are less than 40,000 square
feet in area or 40,000 square feet in area or greater. Undeveloped
parcels of land, lots, or land consolidations and vacant parcels of
land, lots, or land consolidations which were made vacant by redevelopment
efforts which are less than 40,000 square feet in area or 40,000 square
feet in area or greater shall have a minimum landscape surface ratio
of 25% that is inclusive of any required parking area landscaping.
(c)
Developed parcels of land, lots, or land consolidations
40,000 square feet in area or greater.
[1]
Increases in floor area of 10% or less. Additions and cumulative additions to existing buildings and/or existing uses located on parcels of land, lots, or land consolidations that are 40,000 square feet or greater in area and where the total floor area existing at the time of the adoption of this Subsection I (November 19, 2002) is not increased more than 10% of the existing total floor area shall be exempt from the twenty-five-percent minimum required landscape surface ratio (LSR) but shall not result in a loss of existing LSR.
[2]
Increases in floor area of greater than 10%. Additions and cumulative additions to existing buildings and/or existing uses located on parcels of land, lots, or land consolidations that are 40,000 square feet or greater in area and where the total floor area existing at the time of the adoption of this Subsection I (November 19, 2002) is increased greater than 10% of the existing total floor area shall:
[a]
Not result in a loss of existing
LSR and shall comply with the landscape surface ratio (LSR) specified
in this section to the maximum extent possible for the total parcel,
lot, or land consolidation land area; and
[b]
Comply with the minimum required
landscape surface ratio (LSR) of 25% for that portion of the parcel,
lot, or land consolidation upon which the new development is proposed
to occur. When determining the land area of that portion of the parcel,
lot, or land consolidation upon which the new development or redevelopment
is proposed to occur, all existing building coverage, existing off-street
parking areas, existing drives and loading areas, and existing setback
areas shall be excluded.
(2)
All new development, new off-street parking areas,
and landscape buffer yards shall conform to the requirements of this
chapter, including minimum required off-street parking setbacks from
public street rights-of-way.
J.
Required off-street parking setbacks from public street
rights-of-way. All off-street parking and drive areas located adjacent
to and/or abutting public street rights-of-way shall be set back a
minimum of 30 feet from said public street rights-of-way. However,
whenever a lawfully existing off-street parking area and/or drive
conforms to the regulations of the B-1 District but does not meet
the minimum thirty-foot required setback from a public street right-of-way,
the existing off-street parking area and/or drive thereof shall have
a minimum eight-foot required setback from a public street right-of-way.
[Added 6-5-2001 by Ord. No. 1657(5)]
K.
Vehicular circulation between adjacent properties.
Provision for circulation between adjacent nonresidential uses, lots,
and parcels shall be provided through coordinated land access drives
and access easements and/or jointly used off-street parking lots as
may be required by the City Plan Commission.
[Added 6-5-2001 by Ord. No. 1657(5)]
L.
Loading docks, on-site loading spaces, and/or building
service areas.
[Added 6-5-2001 by Ord. No. 1657(5)]
(1)
No loading dock, on-site loading space, and/or building
service area shall be located so as to face or front upon an abutting
public street right-of-way (except as may be the case for a lot for
which both the front and rear lot lines abut such public rights-of-way)
or so as to be visible from said abutting public street rights-of-way
(in the case of a lot for which both the front and rear lot lines
abut such rights-of-way). All loading spaces shall be located in either
the side or rear yard but not within said required side or rear yard
setbacks.
(2)
Loading docks, on-site loading spaces, and/or building
service areas shall be screened from view from abutting residential
properties and/or public street rights-of-way with either a wall or
sight-proof fence and associated landscaping approved by the City
Plan Commission.
(3)
No truck shall be allowed to have its engine or other
motorized equipment running (such as a refrigeration unit) which exceeds
the maximum permitted exterior sound level of 50 dBA (A-weighting
scale of sound measurement as expressed in decibels and not to be
exceeded more than 30 minutes out of 24 hours) as measured at the
property line.
M.
Prohibition of long-term truck parking unless screened
from view.
[Added 6-5-2001 by Ord. No. 1657(5); amended 1-16-2007 by Ord. No. 1817(21)]
(1)
Unless the property is zoned and used for motel and/or
hotel purposes with 10 or more lodging rooms, no truck, trailer, or
commercial vehicle of any kind shall be permitted to be parked on
the property for a period of more than 24 hours unless said vehicle
is temporarily present for the purpose of loading or unloading. No
truck, trailer, or commercial vehicle shall be parked for a period
greater than 24 continuous hours except within screened enclosures
unless the property is zoned and used for motel and/or hotel purposes
with 10 or more lodging rooms.
(2)
Trucks, trailers, or commercial vehicles of any kind
shall be permitted to be parked on the property for a period of more
than 24 continuous hours if said trucks, trailers, or commercial vehicles
are located within areas screened from view of any public street right-of-way,
public park or public open space area and from view from all residential
zoning districts. The screening of all such areas in the B-1 District
shall consist of the following:
(a)
Solid walls or solid fences of at least the height of the trucks, trailers, or commercial vehicles proposed to be screened as approved by the Plan Commission. In addition, all such areas shall provide a contiguous landscaped area meeting the minimum requirements of a bufferyard intensity factor of two as set forth in Table 9 of this chapter.[3]
[3]
Editor's Note: Table 9 is included at the end of this chapter.
(b)
Walls, fencing, and landscaping for screening
shall be maintained in good condition and kept litter free.
N.
Maximum area of outdoor storage, location, and screening
requirements.
[Added 6-5-2001 by Ord. No. 1657(5)]
(1)
No outdoor storage area shall exceed an area which
is 5% of the gross floor area of the principal structure to which
said outdoor storage is accessory or 5,000 square feet, whichever
is less.
(2)
An outdoor storage area shall not be allowed within
any areas required to meet the minimum landscape surface ratio (LSR)
and cannot occupy any off-street parking or drive area.
(4)
No portion of any lot shall be used for open or unscreened
storage of any kind. Outdoor storage areas shall be screened from
view of any public street right-of-way, public park or public open
space area and from the view from all residential zoning districts.
The screening of all such areas in the B-1 District shall consist
of the following:
(a)
Solid walls or solid fences at least eight feet in height and in no case lower in height than the enclosed storage area when a height exceeding eight feet is approved by the Plan Commission. In no case, however, shall a solid wall exceed a height of 14 feet or solid fence exceed a height of 14 feet. Access to such storage areas shall be through solid gates that shall be closed except when said outdoor storage area is in use for the transport of stored materials. In addition, all such outdoor storage areas shall provide a contiguous landscaped area meeting the minimum requirements of a bufferyard intensity factor of two as set forth in Table 9 of this chapter.[5]
[5]
Editor's Note: Table 9 is included at the end of this chapter.
(b)
Walls, fencing, and landscaping for outdoor
storage areas shall be maintained in good condition and kept litter-free.
O.
Trash dumpster and garbage receptacles (trash and
garbage storage). The following requirements shall be met for trash
dumpsters and garbage receptacles in the B-1 Neighborhood Business
District:
[Added 6-5-2001 by Ord. No. 1657(5)]
(1)
Trash dumpster and garbage receptacle enclosures required.
All garbage cans, trash dumpsters, trash containers, and other storage
devices situated on any property shall be closed containers with lids
and shall be concealed or suitably screened from public view. Where
such facilities are provided outside a building, they shall be screened
by an enclosure consisting of sight-proof fencing (wood or masonry)
and/or coniferous landscaping materials of an adequate height (at
the time of installation) to totally screen the trash storage areas
from view from public rights-of-way and adjacent property.
(2)
Trash dumpster and garbage receptacle maintenance
required. Fencing and landscaping for such areas shall be maintained
in good condition and kept litter-free. All garbage cans, trash containers,
and other garbage storage devices shall be emptied and the contents
thereof properly disposed of not less than once every seven days.
(3)
Unenclosed storage of trash or waste prohibited. No
portion of the lot shall be used for open or unenclosed storage of
trash or waste of any kind.
(4)
Trash dumpster and garbage receptacle location in
off-street parking space or drive prohibited. No trash dumpster or
other trash or waste receptacle shall be permitted in any off-street
parking space or drive.
(5)
Paved slab required. All trash dumpsters and garbage
receptacles shall be placed upon a paved slab.
(6)
Adequate size to accommodate recycling materials.
All trash dumpster and garbage receptacle areas shall be of an adequate
size to accommodate the storage of materials to be recycled.
(7)
Building permit required for the construction of garbage,
trash, waste, and dumpster enclosures. A building permit shall be
required for the construction of any garbage, trash, waste, or dumpster
enclosure.
P.
Exterior lighting standards and lighting plan required.
[Added 6-5-2001 by Ord. No. 1657(5)]
(1)
Exterior lighting plans shall be required for new development or redevelopment of existing exterior lighting in the B-1 District. At the time any exterior light is installed or substantially modified in the B-1 District, and whenever a zoning permit application is made for new development, an exterior lighting plan shall be submitted to the Plan Commission in order to determine whether the requirements of this Subsection P have been met and that adjoining property will not be adversely impacted by the proposed lighting.
(2)
A lighting plan submitted pursuant to the requirements of this Subsection P shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(3)
Exterior lighting in the B-1 District shall be limited
to total cutoff-type luminaires (with angle greater than 90º).
The maximum permitted illumination shall be two footcandles, and the
maximum permitted luminaire height shall be 28 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(4)
For the purposes of this chapter, light shall be measured
as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position at the interior line of the bufferyard or at the property line, as required herein. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. In order to eliminate the effects of moonlight and other ambient light, measurements shall be made after dark with the light source in question on, then with the same source off. The differences between the two readings shall be compared to the maximum permitted illumination allowed under this Subsection P.
A.
The B-2 Central Business District is intended to provide
for orderly and appropriate regulations to ensure the compatibility
of the diverse uses typical of the "downtown" area without inhibiting
the potential for maximum development of commercial, cultural, entertainment,
and other urban activities which contribute to its role as the "heart"
of the City. The B-2 District is not intended to be used in any new
areas of the City or areas of the City not designated within the B-2
District at the time of the adoption of the ordinance codified under
this section unless approved by a two-thirds vote of the Common Council.
[Amended 8-5-2003 by Ord. No. 1729(9)]
B.
B-2 permitted uses.
[Amended 9-7-2010 by Ord. No. 1907(10)]
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Antique and collectors stores
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Bakeries
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Banks, savings and loan associations and other
financial institutions
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Barbershops
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Bars and taverns
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Beauty shops
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Bookstores
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Bowling alleys
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Business offices
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Camera and photographic supply stores
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Clinics
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Clothing stores
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Clubs
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Confectioneries
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Dance halls
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Delicatessens
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Dental clinics
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Department stores
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Drugstores
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Fish markets
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Florists
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Fraternities
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Fruit stores
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Furniture stores
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Furriers and fur apparel
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Gift stores
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Grocery stores
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Hardware stores
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Hobby and craft stores
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Jewelry stores
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Lodges
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Meat markets
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Medical clinics
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Municipal-owned parking structures, garages and parking lots
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Music stores
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Newspaper and magazine stores
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Optical stores
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Packaged beverage stores
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Paint, glass and wallpaper stores
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Professional offices
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Public utility offices
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Publishing houses
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Radio and television stores
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Restaurants
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Self-service laundries and dry-cleaning establishments
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Shoe stores and leather goods stores
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Soda fountain
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Sporting goods stores
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Stationery stores
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Supermarkets
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Tanning salons, fitness centers, massage parlors
and bathhouses
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Theaters
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Tobacco stores
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Variety stores
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Vegetable stores
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D.
Conditional uses (see § 315-130).
(1)
Residential quarters for the owner, proprietor, commercial
tenant, employee or caretaker located in the same building as the
business.
[Added 6-1-1993 by Ord. No. 1438(10)]
(2)
Rental efficiency, one-bedroom apartments, and two-bedroom
apartments on a non-ground level, provided there shall be a minimum
floor area of 350 square feet for an efficiency apartment, 450 square
feet for a one-bedroom apartment, and 650 square feet for a two-bedroom
apartment.
[Added 6-1-1993 by Ord. No. 1438(10)]
(3)
Elderly housing, provided densities shall not exceed
22 units per net acre or 32 bedrooms per net acre, whichever is greater.
[Amended 12-3-1991 by Ord. No. 1366(34)]
(4)
Bed-and-breakfast establishments providing adequate
off-street parking facilities.
(5)
Motels, hotels, and apartment hotels.
(6)
Child day-care centers, provided that any outside
play area is surrounded by a security fence not exceeding a height
of six feet and set back at least five feet from any street right-of-way
line, with landscaping such as trees, shrubs, ground cover, flowers,
and decorative mulch provided between the fence and the street right-of-way
line; that no play area shall consist of entirely a hard surface area,
such as asphalt or concrete, since a portion of the play area shall
contain a soft base such as sand, bark mulch, or soft, prefabricated
base materials specifically designed for playgrounds; that no day-care
center shall be located in an area where air pollution caused by smoke,
dust, gases, or other particulate matter would endanger children;
that no day-care center shall be located in an area where noise would
be so loud, shrill, or have an impulse to endanger children; that
traffic is managed in a manner to minimize danger to children; and
provided that adequate parking and circulation are provided on the
day-care facility site.
[Added 2-4-1992 by Ord. No. 1373(42)]
(7)
Drive-in establishments selling fruits and vegetables.
(8)
Amusement game arcades, provided that all principal
structures and uses are not less than 300 feet from the lot lines
of schools and churches and not less than 50 feet from the main entrance
of any bar, tavern, cocktail lounge, or liquor store engaged in the
business of selling or dispensing alcoholic beverages on the premises;
that the maximum number of amusement game machines in any arcade shall
not exceed one machine for every 25 square feet of floor area allotted
to the arcade operation; that bicycle racks shall be provided on the
site and must provide a total of at least one bicycle stall for each
amusement game located within the arcade, and bicycle racks shall
not be located in such a fashion as to obstruct any entrance or exit
to any premises; and that hours of operation and supervision of the
arcade shall be established by the Common Council.
(9)
Pool halls.
(10)
Veterinary clinics, provided that no service,
including the boarding of animals, is offered outside of an enclosed
building.
(11)
Pet shop, provided that no sales or services
are offered outside of an enclosed building, and no boarding or breeding
of animals takes place on the premises.
[Added 11-2-1993 by Ord. No. 1451(24); amended 5-3-1994 by Ord. No. 1470(1)]
(12)
Pet grooming shop, provided that no sales or
services are offered outside of an enclosed building, and no boarding
or breeding of animals takes place on the premises.
[Amended 5-3-1994 by Ord. No. 1470(1); 6-7-1994 by Ord. No. 1473(4)]
(13)
Gasoline service stations, automobile and truck
rental services, and automobile washing.
(14)
Automotive sales and service.
(15)
New and used automobile, aircraft, and marine
craft sales and the sale of tires, batteries, and other automotive,
marine, and aircraft accessories.
(16)
Fuel oil, bottled gas, and ice dealers.
(17)
Building supply stores.
(18)
Construction services, including general building
contractors, carpentry, wood flooring, concrete services, masonry,
stonework, tile setting, plastering services, roofing, sheet metal
services, and water well drilling services.
(19)
Printing.
(20)
Cemeteries.
(21)
Crematory service.
(22)
Utilities.
(23)
Transmitting towers; receiving towers; relay
and microwave towers without broadcast facilities or studios; and
wireless communications towers, antennas, and associated accessory
structures and facilities.
[Amended 3-18-2003 by Ord. No. 1716(30)]
(24)
Radio and television transmitting and receiving
stations.
(25)
Freight forwarding services, packing and crating
services, and petroleum bulk stations and terminals.
(26)
Warehousing and retail/wholesale sales of electrical
apparatus and equipment, wiring supplies and construction materials,
hides, skins, and raw furs, not including outdoor storage.
(27)
Gun stores.
(28)
Sound recording studios, provided that all such
activities take place in an enclosed basement level or enclosed second
floor level of a principal structure; that the maximum permitted exterior
sound level not exceed 50 dBA (A-weighting scale of sound measurement
as expressed in decibels and not to be exceeded more than 30 minutes
out of 24 hours) as measured at the property line; and that the sound
recording studio conditional use permit be reviewed by the City Plan
Commission one year after issuance to assure compliance with the conditions
stated herein.
[Added 7-5-2000 by Ord. No. 1628(32)]
(30)
Tattoo establishments and/or body-piercing establishments, provided that they are properly licensed pursuant to Ch. HFS 173, Wis. Admin. Code, and meet the applicable requirements set forth in Chapter 284, that all principal structures are not less than 300 feet from the lot lines of schools, that a window to the establishment is large enough to provide an unobstructed view of the persons in the waiting area, and that the Plan Commission shall approve the hours of operation and the number of persons to be allowed in the establishment at one time. Proof of licensure of the establishment and all practitioners working therein shall be submitted to the City annually. A conditional use permit hereunder is not transferable to a new owner or operator of the establishment.
[Added 11-9-2006 by Ord. No. 1813(17)]
(31)
Outside seating for establishments serving food or beverage
for consumption outside the structure.
[Added 8-7-2012 by Ord. No. 1954(8)]
(a)
Plan approval by the Plan Commission.
(b)
No outside use area is permitted unless the principal commercial
business is fully operational and said principal business is housed
in a building.
(c)
Hours of service shall be limited to the business hours or as
set by the Plan Commission.
(d)
No outside use area shall encroach into areas set aside for
compliance with other criteria, such as but not limited to: required
yard setbacks, sidewalks, building entrances and exits, required motor
vehicle off-street parking and drive areas, vision setbacks, landscaping,
green space and landscape surface ratio, stormwater detention or retention,
pedestrian areas, emergency vehicle lanes and bicycle parking areas
and access.
(e)
Designated outside areas shall be screened from all residential
zoned properties with a six-foot wood composite privacy fence or decorative
masonry wall. Areas facing public rights-of-way, public paths or public
open space may be designated with decorative fencing and landscaping.
No chain link fencing shall be allowed.
(f)
Additional yard setbacks, screening and/or landscape areas may
be required by the Plan Commission to prevent adverse impacts on surrounding
properties.
(g)
All food, beverage and condiments shall be cleaned from all
outside areas before the business closes for the day. Trash receptacles
shall be emptied or removed when full or daily. Trash receptacles
shall be covered to limit flies and to prevent the wind from spreading
the trash.
[1]
The entire outdoor food service area utilized for service and
consumption of food and beverages shall be visible from inside the
principal commercial business to which it is accessory.
[2]
Any public improvements necessary to accommodate the outdoor
food service area shall be approved by the Common Council with recommendation
from the Plan Commission and the costs for any such public improvement
thereof shall be paid by the applicant.
[3]
Service of food and alcoholic beverages in all outdoor food
service areas shall be limited to persons seated at tables in said
outdoor food service areas. Food service shall be required to be available
at all times when the outdoor service area is open.
[4]
The operator of any outdoor food service area shall be responsible
for policing the area of the outdoor food service area to ensure that
alcoholic beverages are not removed from the outdoor food service
area.
[5]
All spills, food, litter or any other item on the ground surface
area associated with the service or consumption of food and beverages
shall be cleaned or removed as soon as possible to minimize slip or
fall and/or health hazards in the outdoor food service area.
E.
Lot area and width (also see Article VI). Lots shall be a minimum of 4,800 square feet in area and shall not be less than 40 feet in width.
F.
Building height (also see Article VI). No building or parts of a building shall exceed 60 feet in height.
[Amended 6-2-2009 by Ord. No. 1881(2)]
G.
Setback and yards (also see Article VI).
(1)
No minimum setback shall be required.
(2)
No minimum side yard is required between structures
and the lot line or between adjacent structures; however, where a
side yard is provided it shall be not less than eight feet in width.
(3)
No minimum rear yard is required, except that for
those lots in the B-2 District where rear lot lines are contiguous
to and abut residential districts, a minimum rear yard of 25 feet
shall be provided.
H.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for use in the business district shall, before a building permit is
issued, present detailed site plans pertaining to the proposed structures
to the City Plan Commission, which will approve said plans only after
determining that the proposed building will not impair an adequate
supply of light and air to adjacent property or substantially increase
the danger of fire or traffic congestion or otherwise endanger the
public health or safety or substantially diminish or impair property
values within the Central Business District.
I.
Exterior lighting standards and lighting plan required.
Exterior lighting plans shall be required for new development or redevelopment
of existing exterior lighting in the B-2 Central Business District.
At the time any exterior light is installed or substantially modified
in the B-2 District, and whenever a zoning permit application is made
for new development or redevelopment, an exterior lighting plan shall
be submitted to the Plan Commission in order to determine whether
the requirements of this subsection have been met and that adjoining
property will not be adversely impacted by the proposed lighting.
[Added 8-5-2003 by Ord. No. 1729(9)]
(1)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(2)
Exterior lighting in the B-2 District shall be limited
to total-cutoff-type luminaries (with angle greater than 90º).
The maximum permitted illumination shall be two footcandles, and the
maximum permitted luminaire height shall be 20 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(3)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyards or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
K.
Landscape plan requirements. Landscape plans shall be required in the B-2 Central Business District meeting those requirements set forth in § 315-138 of this chapter.
[Added 8-5-2003 by Ord. No. 1729(9)]
L.
Trash dumpster and garbage receptacles (trash and garbage storage).
The following requirements shall be met for trash dumpsters and garbage
receptacles in the B-2 Central Business District:
[Added 1-3-2017 by Ord.
No. 2014(10)]
(1)
Trash
dumpster and garbage receptacles required. All garbage cans, trash
dumpsters, trash containers, and other storage devices situated on
any property shall be closed containers with lids and shall be concealed
or suitably screened from public view.
(2)
Trash
dumpster and garbage receptacle maintenance required. All garbage
cans, trash containers, and other garbage storage devices shall be
emptied and the contents thereof properly disposed of in a timely
manner not less than once every 14 days and kept litter-free. Refuse
or recyclable material that has been scattered by wind, animals or
vandals is the responsibility of the resident and owner.
(3)
Unenclosed
storage of trash or waste prohibited. No portion of the lot shall
be used for open or unenclosed storage of trash or waste of any kind.
(4)
Trash
dumpster and garbage receptacle location in off-street parking space
or drive is prohibited. No trash dumpster or other trash or waste
receptacle shall be permitted in any off-street parking space or drive.
(5)
Paved
surface required. All trash dumpsters and garbage receptacles shall
be placed upon a paved surface.
(6)
Adequate
size to accommodate recycling materials. All trash dumpster and garbage
receptacle areas shall be of an adequate size to accommodate the storage
of materials to be recycled.
(7)
Building
permit required for the construction of garbage, trash, waste, and
dumpster enclosures. A building permit shall be required for the construction
of any garbage, trash, waste, or dumpster enclosure.
[Added 8-5-2003 by Ord. No. 1729(9)]
A.
Intent. The B-2A Central Business Transition District
is intended to:
(1)
Be used exclusively in areas of the City that
are contiguous to the B-2 Central Business District.
(2)
Provide a transition area between the B-2 Central
Business District and other nearby zoning districts of either a lesser
or greater land use intensity.
(3)
Provide for an arrangement of retail trade and
service uses as well as other uses that are compatible in intensity,
function, and operation.
(4)
Provide for the minor infilling of vacant or
redevelopment areas within the B-2A Central Business Transition District
consistent with the planned character of the City of Burlington "downtown."
(5)
Be served by public sanitary sewer and water
supply facilities.
(6)
Provide adequate on-site off-street parking.
C.
Accessory uses. The following uses shall be permitted
accessory uses in the B-2A Central Business Transition District:
E.
District standards. The B-2A Central Business Transition
District is further intended to have the development standards as
set forth in the following table:
|
Type of Standard
|
Standard
| ||
|---|---|---|---|
|
Lot Dimensional Requirements
| |||
|
Minimum lot area of lots platted after the adoption
of this section (square feet)
|
10,000
| ||
|
Minimum lot area of existing lots of record
(square feet)
|
4,800
| ||
|
Minimum lot width at setback line of lots platted
after the adoption of this section (feet)
|
75
| ||
|
Minimum lot width at setback line of existing
lots of record (feet)
|
40
| ||
|
Minimum front yard (feet)
|
25
| ||
|
Minimum side yard (feet)
|
8; 20 total for both side yards
| ||
|
Minimum side yard on corner lot (feet)
|
25
| ||
|
Minimum rear yard (feet)
|
25
| ||
|
Maximum building height (feet)
|
35
| ||
F.
Off-street parking standards. Off-street parking requirements for the B-2A Central Business Transition District shall be as indicated in § 315-48 of this chapter.
G.
Trash dumpster and garbage receptacles (trash and
garbage storage). The following requirements shall be met for trash
dumpsters and garbage receptacles in the B-2A Central Business Transition
District:
(1)
Trash dumpster and garbage receptacle enclosures
required. All garbage cans, trash dumpsters, trash containers, and
other storage devices situated on any property shall be closed containers
with lids and shall be concealed or suitably screened from public
view. Sight-proof fencing (wood or masonry) and landscaping shall
be used to totally obstruct vision into the storage areas. Where such
facilities are provided outside a building, they shall be screened
from public rights-of-way and adjacent property by an enclosure constructed
of materials compatible with the materials on the front building wall
of the main building.
(2)
Trash dumpster and garbage receptacle maintenance
required. Fencing and landscaping for such areas shall be maintained
in good condition and kept litter-free. All garbage cans, trash containers,
and other garbage storage devices shall be emptied and the contents
thereof properly disposed of not less than once every seven days.
(3)
Unenclosed storage of trash or waste prohibited.
No portion of the lot shall be used for open or unenclosed storage
of trash or waste of any kind.
(4)
Trash dumpster and garbage receptacle location
in off-street parking space or drive prohibited. No trash dumpster
or other trash or waste receptacle shall be permitted in any off-street
parking space or drive.
(5)
Paved slab required. All trash dumpsters and
garbage receptacles shall be placed upon a paved slab.
(6)
Adequate size to accommodate recycling materials.
All trash dumpster and garbage receptacle areas shall be of an adequate
size to accommodate the storage of materials to be recycled.
(7)
Building permit required for the construction
of garbage, trash, waste, and dumpster enclosures. A building permit
shall be required for the construction of any garbage, trash, waste,
or dumpster enclosure.
The B-3 Business District is intended to provide
for individual or limited office, professional, and special service
uses where the office activity would be compatible with other neighborhood
uses and not exhibit the intense activity of other business districts.
A.
B-3 permitted uses.
(1)
Administrative and public utility offices.
(2)
Professional offices of an architect, interior decorator,
landscape architect, lawyer, doctor, christian science practitioner,
dentist, clergy, engineer, or other similarly recognized profession.
(3)
Studios for photography, painting, music, sculpture,
dance or other recognized fine art.
(4)
Real estate and insurance offices.
C.
B-3 conditional uses (see § 315-130).
[Amended 12-3-1991 by Ord. No. 1366(34)]
(1)
Residential quarters for the owner, proprietor, commercial
tenant, employee or caretaker located in the same building as the
business.
[Added 6-1-1993 by Ord. No. 1438(10)]
(2)
Rental efficiency, one-bedroom apartments, and two-bedroom
apartments on a non-ground level, provided there shall be a minimum
floor area of 350 square feet for an efficiency apartment, 450 square
feet for a one-bedroom apartment, and 650 square feet for a two-bedroom
apartment.
[Added 6-1-1993 by Ord. No. 1438(10)]
(3)
Child day-care centers, provided that any outside play area is surrounded by a security fence not exceeding a height of six feet and set back at least five feet from any street right-of-way line, with landscaping such as trees, shrubs, ground cover, flowers, and decorative mulch provided between the fence and the street right-of-way line; that no play area shall consist of entirely a hard surface area, such as asphalt or concrete, since a portion of the play area shall contain a soft base such as sand, bark mulch, or soft, prefabricated base materials specifically designed for playgrounds; that no day-care center shall be located in an area where air pollution caused by smoke, dust, gases, or other particulate matter would endanger children; that no day-care center shall be located in an area where noise would be so loud, shrill, or have an impulse to endanger children; that traffic is managed in a manner to minimize danger to children; and provided that adequate parking and circulation are provided on the day-care facility site in accordance with the standards set forth in § 315-48 of this chapter.
[Added 10-1-1991 by Ord. No. 1349(19); amended 2-4-1992 by Ord. No. 1373(42)]
(4)
Veterinary clinics, provided that no service, including
the boarding of animals, is offered outside of an enclosed building.
(5)
Utilities.
(6)
Transmitting towers; receiving towers; relay and microwave
towers without broadcast facilities or studios; and wireless communications
towers, antennas, and associated accessory structures and facilities.
[Added 3-18-2003 by Ord. No. 1716(30)]
(7)
Radio and television transmitting and receiving stations.
(8)
Crematory service.
D.
Lot area and width (also see Article VI). Lots shall have a minimum area of 10,000 square feet and shall be not less than 80 feet in width.
G.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for professional office use shall, before a building permit is issued,
present detailed site plans pertaining to the proposed structure to
the City Plan Commission, which will approve said plans only after
determining that the proposed building will not impair an adequate
supply of light and air to adjacent property or substantially increase
the danger of fire or traffic congestion or otherwise endanger the
public health or safety or substantially diminish or impair property
values within the neighborhood.
H.
Exterior lighting standards and lighting plan required.
Exterior lighting plans shall be required for new development or redevelopment
of existing exterior lighting in the B-3 Professional Office District.
At the time any exterior light is installed or substantially modified
in the B-3 District, and whenever a zoning permit application is made
for new development or redevelopment, an exterior lighting plan shall
be submitted to the Plan Commission in order to determine whether
the requirements of this subsection have been met and that adjoining
property will not be adversely impacted by the proposed lighting.
[Added 6-6-2006 by Ord. No. 1798(2)]
(1)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(2)
Exterior lighting in the B-3 District shall be limited
to total-cutoff-type luminaires (with angle greater than 90°).
The maximum permitted illumination shall be two footcandles and the
maximum permitted luminaire height shall be 28 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(3)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyard or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
[1]
Editor's Note: Former § 315-29,
B-4 Highway Business District, added 12-7-1999 by Ord. No. 1611(13),
as amended, was repealed 11-9-2006 by Ord. No. 1812(16).
The M-1 Manufacturing District is intended to
provide for manufacturing, industrial, and related uses of a limited
nature and size in situations where such uses are not located in basic
industrial groupings and where the relative proximity to other uses
requires more restrictive regulation.
A.
M-1 permitted uses. Processing, manufacturing, and/or storage of
the following (excluding the manufacturing of explosives on site),
provided that the Plan Commission, in approving or disapproving proposed
locations for uses under this subsection, shall give due consideration
to the character and suitability for development of the neighborhood
in which any such use is proposed to be located and shall also base
its decision on such evidence as may be presented to the Plan Commission
regarding those attributes of the proposed use, such as increased
traffic on the public streets, heavy vehicular traffic, and the emission
of noise, smoke, dust or dirt, odorous or noxious gases, and the like,
that would be detrimental to such character and such suitability for
development:
[Amended 11-18-2003 by Ord. No. 1740(20); 2-17-2015 by Ord. No. 1994(13)]
|
Adhesives
| |
|
Apparel and findings related products
| |
|
Automatic temperature controls
| |
|
Baked goods and bakery products
| |
|
Blank books, loose-leaf binders and devices
| |
|
Books: publishing, printing and binding
| |
|
Boot and shoe cut stock and findings
| |
|
Brooms and brushes
| |
|
Candy and other confectionery products
| |
|
Canvas products
| |
|
Cereal preparations
| |
|
Cleaners
| |
|
Costume jewelry and novelties or fasteners, buttons, needles
and pins
| |
|
Creamery butter
| |
|
Curtains and draperies
| |
|
Defoamers
| |
|
Dental equipment and supplies
| |
|
Dispersants
| |
|
Dress and work gloves
| |
|
Electrotyping and stereotyping
| |
|
Engineering, laboratory and scientific and research instruments
and associated equipment
| |
|
Envelopes
| |
|
Fabrics, broad and narrow woven
| |
|
Felt goods
| |
|
Flavor extracts and flavor syrups
| |
|
Floor coverings limited to rugs and carpeting
| |
|
Footwear
| |
|
Fresh or frozen fruits, fruit juices, vegetable and specialties
| |
|
Greeting cards
| |
|
Handbags and other personal leather goods
| |
|
Hats, caps and millinery
| |
|
Household furniture and furnishings
| |
|
Ice
| |
|
Ice cream and frozen desserts
| |
|
Jewelers findings and materials
| |
|
Jewelry and other precious metals
| |
|
Knit goods
| |
|
Lace goods
| |
|
Lampshades
| |
|
Luggage
| |
|
Macaroni, spaghetti, vermicelli and noodles
| |
|
Manifold business forms
| |
|
Mechanical measuring and controlling instruments
| |
|
Men's, youth, and boys' furnishings, work clothing and allied
garments
| |
|
Morticians' goods
| |
|
Musical instruments and parts
| |
|
Newspapers: publishing and printing
| |
|
Paper coating and glazing
| |
|
Partitions, shelving, lockers and office and store fixtures
| |
|
Pens, pencils and other office and artist materials
| |
|
Periodicals: publishing and printing
| |
|
Photoengraving instruments and apparatus
| |
|
Photographic equipment and supplies
| |
|
Pleating, decorative and novelty stitching and tucking for the
trade
| |
|
Office furniture
| |
|
Ophthalmic goods
| |
|
Optical instruments and lenses
| |
|
Orthopedic, prosthetic and surgical appliances and supplies
| |
|
Pressed and molded pulp goods
| |
|
Printing, commercial
| |
|
Raincoats and other waterproof outer garments
| |
|
Rice milling
| |
|
Robes and dressing gowns
| |
|
Sanitary paper products
| |
|
Signs and advertising displays
| |
|
Silicas (colloidal and treated)
| |
|
Silverware and plated ware
| |
|
Surfactants
| |
|
Surgical and medical instruments and apparatus
| |
|
Textiles, dyeing and finishing
| |
|
Tire cord and fabric
| |
|
Toys, amusement, sporting and athletic goods
| |
|
Typesetting
| |
|
Umbrellas, parasols and canes
| |
|
Venetian blinds and shades
| |
|
Wallpaper
| |
|
Warehousing
| |
|
Watches, clocks, clockwork-operated devices and parts
| |
|
Women's, misses', juniors', girls' and infants' furnishings
and work and dress garments
| |
|
Wool scouring, worsted combing
| |
|
Yams and threads
|
B.
M-1 permitted accessory uses.
[Amended 3-18-2003 by Ord. No. 1716(30)]
C.
M-1 conditional uses (see § 315-130).
(1)
Automobile upholstery, body repair, and engine repair.
[Added 10-2-1990 by Ord. No. 1317(25)]
(2)
Fur goods.
(3)
Airports, airstrips, and landing fields, provided
that the site is not less than 20 acres.
(4)
Utilities.
(5)
Heliports and bus and rail depots, provided all principal
structures and uses are not less than 100 feet from any residential
district boundary.
(6)
Transmitting towers; receiving towers; relay and microwave
towers without broadcast facilities or studios; and wireless communications
towers, antennas, and associated accessory structures and facilities.
[Amended 3-18-2003 by Ord. No. 1716(30)]
(7)
Processing and manufacturing of feeds prepared for
animals and fowl, wholesale and/or retail warehousing of animal feeds,
fertilizer, seeds, garden and lawn supplies, animal health products
and lawn equipment, provided that all operations are conducted within
an enclosed building.
(8)
Experimental, testing, and research laboratories.
(9)
Manufacturing and processing of dimension hardwood
and flooring, veneer, and plywood.
(10)
Millwork, lumberyards, sawmills, and planing
mills.
(11)
Office use unrelated to principal industrial
operations.
(12)
Residential quarters for the owner or caretaker,
provided that an occupancy separation is provided in accordance with
state code (Chs. Comm 61 to 65, Wis. Admin. Code). The residential
quarters shall be occupied by one or more persons employed by the
property owner.
[Added 6-6-1989 by Ord. No. 1265(5)]
(13)
Retail stores and services.
(14)
Self-service storage facilities (mini-warehousing),
provided that parking for a self-service storage facility shall consist
of one space per employee on the largest shift plus adequate loading
and access to each storage cubicle; that traffic aisles shall be no
less than 24 feet wide if the aisle is 150 feet or less in length
and no less than 30 feet wide if the aisle is more than 150 feet in
length; that no perishable products or flammable or explosive materials
may be stored on the premises; that sales of merchandise from a self-service
storage facility shall be prohibited; that the perimeter of the project
visible from a public street or abutting a residential use or district
shall be screened from such street or use by a fence, evergreen planting
of sufficient visual density, or other effective means, built and
maintained at a minimum height of six feet; that landscaping consisting
of trees and shrubs should be provided between property lines and
required fences or walls; that garage door openings for self-service
storage units shall not be constructed so as to face any street right-of-way,
residential use or district; and that outside storage of all materials,
equipment and vehicles shall be prohibited.
[Added 1-2-1991 by Ord. No. 1326(33)]
(15)
Construction services, including general building
contractors, carpentry, wood flooring, concrete services, masonry,
stonework, tile setting, plastering services, roofing, sheet metal
services, and water well drilling services.
[Added 1-2-1991 by Ord. No. 1326(33)]
(16)
Veterinary clinic, provided no service, including
the boarding of animals, is offered outside of an enclosed building.
[Added 4-7-1993 by Ord. No. 1422(38)]
(17)
Recycling center, provided no chemicals or hazardous
materials are collected, stored or processed and all storage and processing
operations are conducted in an enclosed building.
[Added 4-7-1993 by Ord. No. 1421(37)]
(18)
Indoor skate parks. Issues that the Plan Commission
should consider are as follows, but are not limited to:
[Added 5-1-2001 by Ord. No. 1654(2)]
(a)
The use shall be housed completely indoors.
(b)
Outdoor skating and/or bicycling on the premises
shall not be allowed.
(c)
No outdoor storage is permitted, and all skates,
bicycles, and equipment used in the operation of said use shall be
stored indoors.
(d)
All trash and debris shall be removed or contained
weekly.
(e)
Any repair of skates, bicycles, and equipment
used in the operation of said use shall be done indoors.
(f)
The indoor skate park conditional use permit
shall be reviewed by the City Plan Commission one year after issuance
to assure compliance with the conditions stated herein.
(19)
Vocational schools, including data processing,
business, and secretarial schools, provided that adequate off-street
parking is provided as determined by the Plan Commission.
[Added 5-1-2001 by Ord. No. 1654(2)]
(20)
Metal machining and fabricating.
[Added 2-6-2001 by Ord. No. 1649(53)]
(21)
Metal stamping uses not to exceed 5,000 square
feet in area.
[Added 2-6-2001 by Ord. No. 1649(53)]
D.
Lot area and width (also see Article VI). Lots in the M-1 District shall have a minimum of 7,200 square feet in area and shall be not less than 60 feet in width.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 40 feet in height.
G.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for manufacturing use shall, before a building permit is issued, present
detailed site plans pertaining to the proposed structure to the City
Plan Commission, which will approve said plans only after determining
that the proposed building will not impair an adequate supply of light
and air to adjacent property or substantially increase the danger
of fire or traffic congestion or otherwise endanger the public health
or safety or substantially diminish or impair property values within
the neighborhood.
H.
Exterior lighting standards and lighting plan required.
Exterior lighting plans shall be required for new development or redevelopment
of existing exterior lighting in the M-1 Light Manufacturing District.
At the time any exterior light is installed or substantially modified
in the M-1 District, and whenever a zoning permit application is made
for new development or redevelopment, an exterior lighting plan shall
be submitted to the Plan Commission in order to determine whether
the requirements of this subsection have been met and that adjoining
property will not be adversely impacted by the proposed lighting.
[Added 6-6-2006 by Ord. No. 1798(2)]
(1)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(2)
Exterior lighting in the M-1 District shall be limited
to total-cutoff-type luminaires (with angle greater than 90°).
The maximum permitted illumination shall be two footcandles and the
maximum permitted luminaire height shall be 30 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(3)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyard or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
The M-2 Manufacturing District is intended to
provide for manufacturing and industrial development of a more general
and less restrictive nature than the M-1 Light Manufacturing District
in those areas where the relationship to surrounding land use would
create fewer problems of compatibility and would not normally abut
directly upon residential districts.
A.
M-2 permitted uses.
(1)
Those industrial uses permitted in the M-1 Light Manufacturing
District.
(2)
Processing, manufacturing, and/or storage of the following,
provided that the Plan Commission, in approving or disapproving proposed
locations for uses under this subsection, shall give due consideration
to the character and suitability for development of the neighborhood
in which any such use is proposed to be located and shall also base
its decision on such evidence as may be presented to the Plan Commission
regarding those attributes of the proposed use, such as increased
traffic on the public streets, heavy vehicular traffic and the emission
of noise, smoke, dust or dirt, odorous or noxious gases, and the like,
that would be detrimental to such character and such suitability for
development:
|
Acid, ammonia, bleach, chlorine or soap manufacture
| |
|
Aircraft and parts
| |
|
Ammunition manufacture: explosives or fireworks
manufacture or storage
| |
|
Asphalt, coal and coal tar or coke manufacture
| |
|
Automobile wrecking yard; junkyard
| |
|
Brick and structural clay tile
| |
|
Cement, lime, gypsum or plaster of paris
| |
|
Clay refractories
| |
|
Coating, engraving and allied services
| |
|
Communication equipment
| |
|
Concrete and concrete products not including
the manufacturing of cement
| |
|
Construction, mining and material-handling machinery
and equipment
| |
|
Cutlery, hand tools and general hardware
| |
|
Distillation of bones
| |
|
Electrical industrial apparatus
| |
|
Electrical transmission and distribution equipment
| |
|
Electric lighting and wiring equipment
| |
|
Electrometallurgical products
| |
|
Electronic components and accessories
| |
|
Engines and turbines
| |
|
Farm machinery and equipment
| |
|
Fat rendering
| |
|
Fertilizer manufacture
| |
|
Fine earthenware, table and kitchen articles
| |
|
Forge plant
| |
|
Flat glass
| |
|
Gelatin, glue or size manufacture
| |
|
Glass containers
| |
|
Heating apparatus and plumbing fixtures
| |
|
Household appliances
| |
|
Inflammable gases and liquids, refining or manufacture
of, and overground tank farms
| |
|
Metal cans
| |
|
Metal products, fabricated structural
| |
|
Motorcycles, bicycles and parts
| |
|
Motor vehicles and motor vehicle equipment
| |
|
Office, computing and accounting machines
| |
|
Paving mixtures and blocks
| |
|
Porcelain electrical supplies
| |
|
Radio and television receiving sets
| |
|
Ready-mix concrete plant
| |
|
Screw machine products and bolts, nuts, screws,
rivets and washers
| |
|
Service industry machines
| |
|
Ship and boat building and repairing
| |
|
Signaling and fire control equipment
| |
|
Slaughterhouse; stockyard
| |
|
Smelting
| |
|
Stone and stone products, cut
| |
|
Warehousing
| |
|
Wire products, fabricated
|
(3)
Ambulance service.
[Added 8-1-2006 by Ord. No. 1804(8)]
B.
M-2 permitted accessory uses.
[Amended 3-18-2003 by Ord. No. 1716(30)]
C.
M-2 conditional uses (see § 315-130).
(1)
Fur goods.
(2)
Airports, airstrips and landing fields, provided that
the site is not less than 20 acres.
(3)
Utilities.
(4)
Heliports and bus and rail depots, provided all principal
structures and uses are not less than 100 feet from any residential
district boundary.
(5)
Transmitting towers; receiving towers; relay and microwave
towers without broadcast facilities or studios; and wireless communications
towers, antennas, and associated accessory structures and facilities.
[Amended 3-18-2003 by Ord. No. 1716(30)]
(6)
Experimental, testing, and research laboratories.
(7)
Manufacturing and processing of dimension hardwood
flooring, veneer, and plywood.
(8)
Millwork, lumberyards, sawmills, and planing mills.
(9)
Wood pressing.
(10)
Construction and prefabrication of wood buildings
and structural members and construction of wooden containers.
(11)
The dispensing or sale of flammable and nonflammable
liquids.
(12)
Self-service storage facilities (mini-warehousing),
provided that parking for a self-service storage facility shall consist
of one space per employee on the largest shift plus adequate loading
and access to each storage cubicle; that traffic aisles shall be no
less than 24 feet wide if the aisle is 150 feet or less in length
and no less than 30 feet wide if the aisle is more than 150 feet in
length; that no perishable products or flammable or explosive materials
may be stored on the premises; that sales of merchandise from a self-service
storage facility shall be prohibited; that the perimeter of the project
visible from a public street or abutting a residential use or district
shall be screened from such street or use by fence, evergreen planting
of sufficient visual density, or other effective means, built and
maintained at a minimum height of six feet; that landscaping consisting
of trees and shrubs should be provided between property lines and
required fences or walls; that garage door openings for self-service
storage units shall not be constructed so as to face any street right-of-way,
residential use or district; and that outside storage of all materials,
equipment and vehicles shall be prohibited.
[Added 1-2-1991 by Ord. No. 1326(33)]
(13)
Commercial truck sales.
[Added 10-6-1992 by Ord. No. 1403(14)]
(14)
Manufacture of rubber and molded plastic products.
[Added 6-7-1994 by Ord. No. 1474(5)]
(15)
Construction services, including general building
contractors, carpentry, wood flooring, concrete services, masonry,
stonework, tile setting, plastering services, roofing, sheet metal
services and water well drilling services.
[Added 3-2-1993 by Ord. No. 1416(31)]
(16)
Recycling center, provided no chemicals or hazardous
materials are collected, stored or processed, and all storage and
processing operations are conducted in an enclosed building.
[Added 4-7-1993 by Ord. No. 1421(37)]
(17)
Veterinary clinic, provided no service, including
the boarding of animals, is offered outside of an enclosed building.
[Added 4-7-1993 by Ord. No. 1422(38)]
D.
Lot area and width (also see Article VI). Lots shall have a minimum area of 7,200 square feet and shall not be less than 60 feet in width.
E.
Building height (also see Article VI). No building or part of a building shall exceed 50 feet in height.
F.
Setback and yards (also see Article VI).
[Amended 1-2-1991 by Ord. No. 1326(33)]
(1)
There shall be a minimum building setback of 30 feet
from the right-of-way line of all streets.
(2)
There shall be a side yard on each side of all buildings
of not less than 10 feet in width.
(3)
There shall be a rear yard not less than 25 feet.
(4)
There shall be a rear yard not less than 15 feet when a parcel abuts
another M-2 General Manufacturing District parcel.
[Added 6-3-2014 by Ord. No. 1982(1)]
G.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for manufacturing use shall, before a building permit is issued, present
detailed site plans pertaining to the proposed structure to the City
Plan Commission, which will approve said plans only after determining
that the proposed building will not impair an adequate supply of light
and air to adjacent property or substantially increase the danger
of fire or traffic congestion or otherwise endanger the public health
or safety or substantially diminish or impair property values within
the neighborhood.
H.
Exterior lighting standards and lighting plan required.
Exterior lighting plans shall be required for new development or redevelopment
of existing exterior lighting in the M-2 General Manufacturing District.
At the time any exterior light is installed or substantially modified
in the M-2 District, and whenever a zoning permit application is made
for new development or redevelopment, an exterior lighting plan shall
be submitted to the Plan Commission in order to determine whether
the requirements of this subsection have been met and that adjoining
property will not be adversely impacted by the proposed lighting.
[Amended 6-6-2006 by Ord. No. 1798(2)]
(1)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire including the mounting method, a graphic depiction of
the luminaire lamp (or bulb) concealment, and graphic depiction of
light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(2)
Exterior lighting in the M-2 District shall be limited
to total-cutoff-type luminaires (with angle greater than 90°).
The maximum permitted illumination shall be two footcandles and the
maximum permitted luminaire height shall be 30 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(3)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyard or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
[Added 3-5-1996 by Ord. No. 1525(31)]
A.
Intent. The M-3 Manufacturing and Office Park District
is intended to provide for the development of the attractive grouping
of light manufacturing, light industrial, warehousing, and office
development uses with limited ancillary service uses in a campus-like
setting which serves the needs of the occupants of the M-3 Manufacturing
and Office Park District and provides primary employment opportunities
to the Burlington area. Uses in the M-3 District are intended to be
of a limited intensity and would provide an aesthetically pleasing,
well-landscaped environment to preserve the value of property and
protect the land development investment in the M-3 District. The M-3
District is further intended to provide for ample off-street parking
and loading areas and landscape planting and screening from adjacent
land uses of a lower land use intensity. The M-3 District is also
intended to accommodate light manufacturing, light industrial, warehousing,
and office parks under unified design controls. The area and bulk
requirements of the M-3 District are intended to permit moderate-intensity
development in such a manner that enhances and protects the character
of the City and surrounding environs. Because of its high trip generation
rates, the M-3 District is intended to be located adjacent to arterial
streets and highways. A full range of public services is required
for the M-3 District.
B.
M-3 District permitted uses. Those uses designated as permitted uses on Table 2 of this chapter.[1] In interpreting the various use designations, reference should be made to the Standard Industrial Classification Manual (1987 or latest edition), published by Executive Office of the President, Office of Management and Budget. A three- or four-digit Standard Industrial Classification (SIC) code number is given for each permitted use type listed in Table 2.
[1]
Editor's Note: Table 2 is included at the end of this chapter.
C.
M-3 District accessory uses. Permitted accessory uses
in the M-3 District shall be as follows:
D.
Conditional uses. Those uses designated as conditional uses on Table 2 of this chapter.[2] In interpreting the various use designations, reference should be made to the Standard Industrial Classification Manual (1987 or latest edition), published by Executive Office of the President, Office of Management and Budget. A four-digit Standard Industrial Classification (SIC) code number is given for each conditional use type listed in Table 2.
[2]
Editor's Note: Table 2 is included at the end of this chapter.
E.
M-3 District standards. The M-3 District is further intended to have the development standards as set forth in Table 3.[3]
[3]
Editor's Note: Table 3 is included at the end of this chapter.
F.
Off-street parking standards. Off-street parking requirements for the M-3 District shall be as indicated in Article V of this chapter.
G.
Screening of outdoor storage. No portion of any lot
shall be used for open or unscreened storage of any kind. Outdoor
storage areas shall be screened from view of any public street right-of-way,
public park or public open space area and from the view from all residential
zoning districts. The screening of all such areas in the M-3 District
shall consist of the following:
(1)
Walls and fences. Solid walls or solid fences at least eight feet in height and in no case lower in height than the enclosed storage area when a height exceeding eight feet is approved by the Plan Commission. Access to such storage areas shall be through solid gates that shall be closed except when said outdoor storage area is in use for the transport of stored materials. In addition, all such outdoor storage areas shall provide a contiguous landscaped area meeting the minimum requirements of a bufferyard intensity factor of two as set forth in Table 9 of this chapter.[4]
[4]
Editor's Note: Table 9 is included at the end of this chapter.
(2)
Accessory permanent structures. An accessory permanent structure may be used to screen such storage areas. Access to such outdoor storage areas shall be through solid gates that shall be closed except when said outdoor storage area is in use for the transport of stored materials. All such outdoor storage areas shall provide a contiguous landscaped area meeting the minimum requirements of a bufferyard intensity factor of two as set forth in Table 9 of this chapter. All such accessory permanent structures used for storage shall be subject to the architectural review standards and requirements of this chapter.
(3)
Outdoor storage area maintenance required. Fencing
and landscaping for outdoor storage areas shall be maintained in good
condition and kept litter-free.
(4)
Outdoor storage location in off-street parking space
or drive prohibited. No outdoor storage shall be permitted in any
off-street parking space or drive.
(5)
Building permit required for the construction of outdoor
storage enclosures. A building permit shall be required for the construction
of any outdoor storage enclosure.
H.
Fencing. All fencing in the M-3 District shall meet
the following minimum requirements:
(1)
Fences may only be located in side and rear yards
in the M-3 District. No fencing is permitted in a front yard in the
M-3 District.
(2)
Fences installed in the M-3 District shall not exceed six feet in height, except when used to enclose outside storage areas. Fencing constructed to enclose outside storage areas shall meet the standards set forth under Subsection G of this section.
(3)
Barbed wire may be allowed on the top of fences six
feet or more in height.
(4)
All fencing constructed to enclose outside storage
areas in nonresidential zoning districts shall be approved by the
Plan Commission.
(5)
Other than sight-proof fencing used to enclose outdoor
storage areas, all fencing in the M-3 District shall be limited to
open mesh-type fencing (chain link).
I.
Trash dumpsters and garbage receptacles (trash and
garbage storage). The following requirements shall be met for trash
dumpsters and garbage receptacles in the M-3 District:
(1)
Trash dumpster and garbage receptacle enclosures required.
All garbage cans, trash dumpsters, trash containers, and other storage
devices situated on any property shall be closed containers with lids
and shall be concealed or suitably screened from public view. Sight-proof
fencing (wood or masonry) and landscaping shall be used to obstruct
vision into the storage areas totally. Where such facilities are provided
outside a building, they shall be screened from public rights-of-way
and adjacent property by an enclosure constructed of materials compatible
with the materials on the front building wall of the main building.
(2)
Trash dumpster and garbage receptacle maintenance
required. Fencing and landscaping for such areas shall be maintained
in good condition and kept litter-free. All garbage cans, trash containers,
and other garbage storage devices shall be emptied and the contents
thereof properly disposed of not less than once every seven days.
(3)
Unenclosed storage of trash or waste prohibited. No
portion of the lot shall be used for open or unenclosed storage of
trash or waste of any kind.
(4)
Trash dumpster and garbage receptacle location in
off-street parking space or drive prohibited. No trash dumpster or
other trash or waste receptacle shall be permitted in any off-street
parking space or drive.
(5)
Paved slab required. All trash dumpsters and garbage
receptacles shall be placed upon a paved slab.
(6)
Adequate size to accommodate recycling materials.
All trash dumpster and garbage receptacle areas shall be of an adequate
size to accommodate the storage of materials to be recycled.
(7)
Building permit required for the construction of garbage,
trash, waste, and dumpster enclosures. A building permit shall be
required for the construction of any garbage, trash, waste, or dumpster
enclosure.
J.
L.
Exterior lighting standards and lighting plan required. Exterior lighting plans shall be required in the M-3 District. At the time any exterior light is installed or substantially modified in the M-3 District, and whenever a zoning permit application is made, an exterior lighting plan shall be submitted to the Plan Commission in order to determine whether the requirements of this Subsection L have been met and that adjoining property will not be adversely impacted by the proposed lighting.
(1)
Lighting plan elements. A lighting plan submitted pursuant to the requirements of this Subsection L shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and uniformities on the site,
and the illumination levels (in footcandles) at the property boundary
lines. This may be accomplished by means of an isolux curve or computer
printout projecting the illumination levels.
(2)
Exterior lighting in the M-3 District shall meet one
of the following standards:
(a)
Requirements for the use of no cutoff-type luminaires.
When a light source or luminaire has no cutoff-type luminaire, the
maximum permitted illumination shall be 0.30 footcandle and the maximum
permitted luminaire height shall be 25 feet. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(b)
Requirements for total cutoff-type luminaires
(with angle greater than 90º). When a luminaire has total cutoff
of light at an angle greater than 90º, the maximum permitted
illumination shall be 2.0 footcandles and the maximum permitted luminaire
height shall be 30 feet. (Note: This standard does not address illumination
levels or fixture height which may be required by the City of Burlington
for the adequate lighting of public street rights-of-way. It represents
maximum illumination levels on private property.)
(c)
Requirements for total cutoff-type luminaire
(with angle of 90º or less). When a luminaire has total cutoff
of light at an angle of 90º or less and is located so that the
bare light bulb, lamp, or light source is completely shielded from
the direct view of an observer five feet above the ground at the point
where the cutoff angle intersects the ground, the maximum permitted
illumination shall be 2.0 footcandles and the maximum permitted luminaire
height shall be 40 feet. (Note: This standard does not address illumination
levels or fixture height which may be required by the City of Burlington
for the adequate lighting of public street rights-of-way. It represents
maximum illumination levels on private property.)[7]
(3)
For the purposes of this chapter, light shall be measured
as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position at the interior line of the bufferyard or at the property line, as required herein. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. In order to eliminate the effects of moonlight and other ambient light, measurements shall be made after dark with the light source in question on, then with the same source off. The differences between the two readings shall be compared to the maximum permitted illumination allowed under this Subsection L.
M.
Architectural standards and architectural plans required.
For promoting compatible development and stability of property values
and to prevent impairment or depreciation of property values in the
M-3 District, no person shall erect any structure without first obtaining
the approval of the architectural plans by the Plan Commission as
set forth in this subsection.
(1)
Principles and standards of review. In its consideration of applications for architectural review, the Plan Commission shall consider and evaluate the propriety of granting the approval in terms of the effect of the application on the general purposes for which architectural approval is required. The following principles and standards for architectural review are used by the Plan Commission in its review, approval, or denial of the architectural plans in the M-3 District. These are also intended to be a design aid for builders and owners to use in the preparation of architectural plans. A building permit shall not be issued for any building in the M-3 District which does not meet the requirements of this Subsection M. To implement this Subsection M, the following architectural review principles and guidelines are established:
(a)
Building scale and mass. The size and mass of
buildings and structures in relation to open spaces, windows, door
openings, etc., shall be visually compatible with the buildings, public
ways, and places to which they are visually related. The relative
proportion of a building to its neighboring existing buildings, to
pedestrians or observers, or to other existing buildings shall be
maintained or enhanced when new buildings are built or when existing
buildings are remodeled or altered.
(b)
Building facade and appurtenance continuity.
Building facades and appurtenances such as walls, fences, and landscape
masses shall, when they are a characteristic of the area, form cohesive
walls of enclosure along a street to ensure visual compatibility with
the buildings, public ways, and places to which such elements are
visually related.
(c)
Building height, rooflines, and roof shapes.
The height of the proposed buildings and structures shall be visually
compatible with adjacent buildings and shall not exceed the M-3 District
height requirements for both principal and accessory structures. The
visual continuity of roofs and their contributing elements (parapet
walls, coping, cornices, etc.) shall be maintained in building development
or redevelopment.
(d)
Building design proportions. The following shall
be used as guidelines for evaluating building design proportions:
[1]
Proportion of front facade. The relationship
of the width to the height of the front elevation shall be visually
compatible with buildings, public ways, and places to which it is
visually related.
[2]
Proportion of openings. The relationship of
the width to height of windows shall be visually compatible with buildings,
public ways, and places to which the building is visually related.
[3]
Rhythm of solids to voids in front facades.
The relationship of solids to voids in the front facade of a building
shall be visually compatible with buildings, public ways, and places
to which it is visually related.
[4]
Rhythm of spacing and buildings on streets.
The relationship of the building or structure to the open space between
it and adjoining buildings or structures shall be visually compatible
with the buildings, public ways, and places to which it is visually
related.
[5]
Rhythm of entrance and other projections. The
relationship of entrances and other projections to sidewalks shall
be visually compatible with the buildings, public ways, and places
to which they are visually related.
(e)
Directional expression and emphasis of building
elevations. A building shall be visually compatible with the buildings,
public ways, and places to which it is visually related in its directional
character, whether this is vertical character, horizontal character,
or nondirectional character.
(f)
Building materials and prohibited building materials.
Building material selection for architectural design shall be based
upon the prevailing material already used on existing buildings in
the area. No building shall be permitted where any exposed facade
is constructed or faced with a finished material that is aesthetically
incompatible with other building facades in the area or which presents
an unattractive appearance to the public and surrounding properties.
(g)
Colors. Since the selection of building colors
has a significant aesthetic and visual impact upon the public and
neighboring properties, color shall be selected in general harmony
with the existing area or neighborhood buildings.
(h)
Design repetition. A building design may not
be repeated within four lots of an existing building. This shall apply
to all buildings, whether or not they are constructed by the same
builder.
(i)
Story distinctions. The first story of the building
should be distinguished from the second story by means of a horizontal
lintel, second floor overhang or setback, or similar detail.
(j)
Elevations of buildings facing the public streets
on a corner lot. Buildings on corner lots shall continue the major
front elevation design elements on the second building elevation which
faces a public street.
(k)
Building elevations clad with a singular exterior
surface material. Building elevations clad with a singular exterior
surface material shall provide some additional architectural design
element(s) to break up the plane of the wall. This may be done by
the addition of window(s), gable end wall treatments, siding design
and accent panels, or other architectural design treatments consistent
with the principal building design.
(l)
Foundations below overhanging bays. Buildings
shall be designed with foundations below all bays that overhang the
building foundation. The Plan Commission will allow the construction
of bay windows and/or projections of floors above the first floor,
if they are a minimum of 12 inches above grade.
(m)
Signs placed on buildings. For signs placed
on buildings, sign materials, forms, and designs shall be integral
with the building architecture and shall comply with all signage requirements.
(2)
Applications for architectural review. Architectural
review applications for building in the M-3 District, including architectural
plans and related data and materials, shall be submitted to the Building
Inspector, who shall transmit all such applications and their accompanying
data and materials to the Plan Commission for its review and approval.
The Plan Commission shall review plans for new buildings and building
plans for additions to or alterations of buildings in the M-3 District
that significantly alter the original design. The architectural plan(s)
submitted with architectural review applications for the M-3 District
shall include the following:
(a)
Architectural plans, elevations, and perspective
drawings and sketches illustrating the design and character of all
proposed structures. A color building elevation or perspective rendering
of the exterior of the proposed building(s) shall be required for
review by the Plan Commission for all structures in the M-3 District.
Said elevations and perspective drawings shall indicate the location
and placement of all auxiliary building equipment, such as heating,
ventilating, and/or air-conditioning equipment. These drawings are
to be drawn to a recognized architectural scale with the name of the
project noted. Building plans shall be submitted with all details
drawn on each elevation. Plans drawn with partial building details
indicated will be returned to the architectural review applicant for
redrafting. Red-line drawings will only be accepted for minor detail
changes; major changes will require redrafting of the building elevations.
(b)
In addition, the following data, information,
and materials are to be included:
[1]
Owner/developer. Owner's and/or developer's
name and address noted.
[2]
Architect/engineer. Architect's and/or engineer's
name and address noted.
[3]
Date. Date of submittal of plans.
[4]
Scale. Scale of drawings noted on each drawing.
[5]
Building type, size, and location. The type,
size, and location of all structures with all building dimensions
shown.
[6]
Height. The height of building(s).
[7]
Plan Commission approved site plan required.
The Plan Commission approved site plan indicating building location
drawn to a recognized engineering or architectural scale, with the
name of the project noted and North arrow shown.
[8]
Exterior materials samples to be provided. Samples
of exterior materials and their colors.
(c)
Additional information may be required. Additional
information and data that may be required by the Building Inspector
or Plan Commission may include, but not be limited to, the following
upon request:
[Added 12-3-1996 by Ord. No. 1544(13)]
The M-4 Manufacturing District is intended to
provide for manufacturing and industrial development of a more general
and less restrictive nature than the M-2 General Manufacturing District
in those areas where the relationship to surrounding land use would
create fewer problems of compatibility and would not normally abut
directly upon residential districts.
A.
M-4 Permitted uses.
(2)
Processing, manufacturing, and/or storage of the following,
provided that the Plan Commission, in approving or disapproving proposed
locations for uses under this subsection, shall give due consideration
to the character and suitability for development of the neighborhood
in which any such use is proposed to be located and shall also base
its decision on such evidence as may be presented to the Plan Commission
regarding those attributes of the proposed use, such as increased
traffic on the public streets, heavy vehicular traffic and the emission
of noise, smoke, dust or dirt, odorous or noxious gases, and the like,
that would be detrimental to such character and such suitability for
development:
|
Acid, ammonia, bleach, chlorine or soap manufacture
| |
|
Aircraft and parts
| |
|
Ammunition manufacture: explosives or fireworks
manufacture or storage
| |
|
Asphalt, coal and coal tar or coke manufacture
| |
|
Automobile wrecking yard; junkyard
| |
|
Brick and structural clay tile
| |
|
Cement, lime, gypsum or plaster of paris
| |
|
Clay refractories
| |
|
Coating, engraving and allied services
| |
|
Communication equipment
| |
|
Concrete and concrete products not including
the manufacturing of cement
| |
|
Construction, mining and material-handling machinery
and equipment
| |
|
Cutlery, hand tools and general hardware
| |
|
Distillation of bones
| |
|
Egg products processing
| |
|
Electrical industrial apparatus
| |
|
Electrical transmission and distribution equipment
| |
|
Electric lighting and wiring equipment
| |
|
Electrometallurgical products
| |
|
Electronic components and accessories
| |
|
Engines and turbines
| |
|
Farm machinery and equipment
| |
|
Fat rendering
| |
|
Fertilizer manufacture
| |
|
Fine earthenware, table and kitchen articles
| |
|
Flat glass
| |
|
Forge plant
| |
|
Gelatine, glue or size manufacture
| |
|
Glass containers
| |
|
Heating apparatus and plumbing fixtures
| |
|
Household appliances
| |
|
Inflammable gases and liquids, refining or manufacture
of, and overground tank farms
| |
|
Metal cans
| |
|
Metal products, fabricated structural
| |
|
Motorcycles, bicycles, and parts
| |
|
Motor vehicles and motor vehicle equipment
| |
|
Office, computing and accounting machines
| |
|
Paving mixtures and blocks
| |
|
Porcelain electrical supplies
| |
|
Radio and television receiving sets
| |
|
Ready-mix concrete plant
| |
|
Screw machine products and bolts, nuts, screws,
rivets and washers
| |
|
Service industry machines
| |
|
Ship and boat building and repairing
| |
|
Signaling and fire control equipment
| |
|
Slaughterhouse; stockyard
| |
|
Smelting
| |
|
Stone and stone products, cut
| |
|
Warehousing
| |
|
Wire products, fabricated
|
B.
M-4 permitted accessory uses.
[Amended 3-18-2003 by Ord. No. 1716(30)]
C.
M-4 conditional uses (see § 315-130).
(1)
Fur goods.
(2)
Airports, airstrips, and landing fields, provided
that the site is not less than 20 acres.
(3)
Utilities.
(4)
Heliports and bus and rail depots, provided all principal
structures and uses are not less than 100 feet from any residential
district boundary.
(5)
Transmitting towers; receiving towers; relay and microwave
towers without broadcast facilities or studios; and wireless communications
towers, antennas, and associated accessory structures and facilities.
[Amended 3-18-2003 by Ord. No. 1716(30)]
(6)
Experimental, testing, and research laboratories.
(7)
Manufacturing and processing of dimension hardwood
flooring, veneer, and plywood.
(8)
Millwork, lumberyards, sawmills, and planing mills.
(9)
Wood pressing.
(10)
Construction and prefabrication of wood buildings
and structural members and construction of wooden containers.
(11)
The dispensing or sale of flammable and nonflammable
liquids.
(12)
Self-service storage facilities (mini-warehousing),
provided that parking for a self-service storage facility shall consist
of one space per employee on the largest shift plus adequate loading
and access to each storage cubicle; that traffic aisles shall be no
less than 24 feet wide if the aisle is 150 feet or less in length
and no less than 30 feet wide if the aisle is more than 150 feet in
length; that no perishable products or flammable or explosive materials
may be stored on the premises; that sales of merchandise from a self-service
storage facility shall be prohibited; that the perimeter of the project
visible from a public street or abutting a residential use or district
shall be screened from such street or use by fence, evergreen planting
of sufficient visual density, or other effective means, built and
maintained at a minimum height of six feet; that landscaping consisting
of trees and shrubs should be provided between property lines and
required fences or walls; that garage door openings for self-service
storage units shall not be constructed so as to face any street right-of-way,
residential use or district; and that outside storage of all materials,
equipment and vehicles shall be prohibited.
(13)
Commercial truck sales.
(14)
Manufacture of rubber and molded plastic products.
D.
Lot area and width (also see Article VI). Lots shall have a minimum area of 7,200 square feet and shall not be less than 60 feet in width.
E.
Building height (also see Article VI). No building or part of a building shall exceed 50 feet in height.
G.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for manufacturing use shall, before a building permit is issued, present
detailed site plans pertaining to the proposed structure to the City
Plan Commission, which will approve said plans only after determining
that the proposed building will not impair an adequate supply of light
and air to adjacent property or substantially increase the danger
of fire or traffic congestion or otherwise endanger the public health
or safety or substantially diminish or impair property values within
the neighborhood.
H.
Exterior lighting standards and lighting plan required.
Exterior lighting plans shall be required for new development or redevelopment
of existing exterior lighting in the M-4 Manufacturing District. At
the time any exterior light is installed or substantially modified
in the M-4 District, and whenever a zoning permit application is made
for new development or redevelopment, an exterior lighting plan shall
be submitted to the Plan Commission in order to determine whether
the requirements of this subsection have been met and that adjoining
property will not be adversely impacted by the proposed lighting.
[Added 6-6-2006 by Ord. No. 1798(2)]
(1)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(2)
Exterior lighting in the M-4 District shall be limited
to total-cutoff-type luminaires (with angle greater than 90°).
The maximum permitted illumination shall be two footcandles and the
maximum permitted luminaire height shall be 30 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(3)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyard or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
The Q-1 Quarrying/Extractive District is intended
to provide for the orderly continuation or restoration of existing
quarries or other extractive and related operations and to provide
for the location in approximate places of new extractive operations
that provide maximum protection to the natural environment. This district
further provides for the restoration of quarries in a manner that
will not deteriorate the natural environment.
A.
Q-1 permitted uses. None.
B.
Q-1 permitted accessory uses. None.
[Amended 3-18-2003 by Ord. No. 1716(30)]
C.
Q-1 conditional uses (see § 315-130).
(1)
Crushed and broken stone quarrying.
(2)
Clay, ceramic, and refractor mineral mining.
(3)
Sand and gravel quarrying.
(4)
Nonmetallic mining except fuels.
(5)
Aggregate and ready-mix plants.
(6)
Mixing of asphalt.
(7)
Processing of topsoil.
(8)
Washing, refining, or processing of rock, slate, gravel,
sand and minerals.
E.
Building height (also see Article VI). No structure, building, or parts of a building shall exceed 75 feet in height above original land elevation of the parcel.
F.
Setbacks and yards (also see Article VI).
(1)
The extractive operation shall be set back a minimum
of 200 feet from the right-of-way line of all highways, streets, or
roads and all exterior property lines.
(2)
Uses accessory to the extractive operations, such
as offices, parking and loading areas, and stockpiles of materials,
shall be set back a minimum of 100 feet from the right-of-way line
of all highways or roads and all property lines.
G.
Special regulation.
(1)
Application for a conditional use permit shall be
made to the Zoning Administrator by the property owner or long-term
lessee, either of whom shall be directly responsible in the extracting
or removal of the mineral, gravel, sand, rock, slate, or topsoil.
Applications shall be accompanied by the following: a fee as set by
the Common Council for one year of operation; a plat of survey of
the proposed site and an adequate description of the operational methods;
a list of equipment, machinery, and structures to be used; the source,
quantity, and disposition of water to be used; a topographic map of
the site showing existing contours with a minimum vertical of five
feet; trees; proposed and existing access roads; the depth of all
existing and proposed excavations; and a restoration plan.
(2)
The restoration plan provided by the applicant shall
contain proposed contours after filling or restoration, depth of the
restored topsoil, type of fill, planting or reforestation, and restoration
commencement and completion dates. The applicant shall furnish the
necessary fees to provide for the City's inspection and administration
costs. The applicant and/or owner of the land from which the mineral,
gravel, sand, rock, slate, or topsoil is being removed or extracted
shall furnish the necessary sureties which will enable the City to
perform the planned restoration of the site in the event of default
by the applicant. The amount of sureties shall be based upon cost
estimates prepared by the City Engineer, and the form and type of
such sureties shall be approved by the Common Council.
H.
Exterior lighting standards and lighting plan required.
Exterior lighting plans shall be required for new development or redevelopment
of existing exterior lighting in the Q-1 Quarrying/Extractive District.
At the time any exterior light is installed or substantially modified
in the Q-1 District, and whenever a zoning permit application is made
for new development or redevelopment, an exterior lighting plan shall
be submitted to the Plan Commission in order to determine whether
the requirements of this subsection have been met and that adjoining
property will not be adversely impacted by the proposed lighting.
[Added 6-6-2006 by Ord. No. 1798(2)]
(1)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(2)
Exterior lighting in the Q-1 District shall be limited
to total-cutoff-type luminaires (with angle greater than 90°).
The maximum permitted illumination shall be two footcandles and the
maximum permitted luminaire height shall be 30 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(3)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyard or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
The I-1 Institutional District is intended to
eliminate the ambiguity of maintaining, in unrelated use districts,
areas which are under public or public-related ownership and where
the use for public purpose is anticipated to be permanent.
A.
I-1 permitted uses.
(1)
Public or private schools, colleges, and universities.
(2)
Churches.
(3)
Hospitals, sanatoriums and nursing homes.
(4)
Libraries, museums, and art galleries.
(5)
Public administrative office, and public service buildings,
including fire and police stations.
(6)
Public utility offices.
(7)
Water storage tanks and towers.
(8)
Lodges.
B.
I-1 permitted accessory uses.
[Amended 3-18-2003 by Ord. No. 1716(30)]
C.
Conditional uses (see § 315-130).
(1)
Utilities.
(2)
Cemeteries.
(3)
Crematory service.
(4)
Gift store.
(5)
Child day-care centers, provided that any outside play area is surrounded by a security fence not exceeding a height of six feet and set back at least five feet from any street right-of-way line, with landscaping such as trees, shrubs, ground cover, flowers, and decorative mulch provided between the fence and the street right-of-way line; that no play area shall consist of entirely a hard surface area, such as asphalt or concrete, since a portion of the play area shall contain a soft base such as sand, bark mulch, or soft, prefabricated base materials specifically designed for playgrounds; that no day-care center shall be located in an area where noise would be so loud, shrill, or have an impulse to endanger children; that traffic is managed in a manner to minimize danger to children; and provided that adequate parking and circulation are provided on the day-care facility site in accordance with the standards set forth in § 315-48 of this chapter.
[Added 10-1-1991 by Ord. No. 1349(19)]
(6)
Transmitting towers; receiving towers; relay and microwave
towers without broadcast facilities or studios; and wireless communications
towers, antennas, and associated accessory structures and facilities.
[Added 3-18-2003 by Ord. No. 1716(30)]
D.
Lot area and width (also see Article VI). Lots in the I-1 District shall be a minimum of 10,000 square feet in area with a minimum lot width of 80 feet.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 60 feet in height.
[Amended 3-19-2002 by Ord. No. 1683(31)]
G.
Site plans to be submitted to Plan Commission. Every
builder of any building hereafter erected or structurally altered
for institutional uses shall, before a building permit is issued,
present detailed site plans pertaining to the proposed structure to
the City Plan Commission, which will approve said plans only after
determining that the proposed building will not impair an adequate
supply of light and air to adjacent property or substantially increase
the danger of fire or traffic congestion or otherwise endanger the
public health or safety or substantially diminish or impair property
values within the neighborhood.
H.
Exterior lighting standards and lighting plan required.
Exterior lighting plans shall be required for new development or redevelopment
of existing exterior lighting in the I-1 Institutional District. At
the time any exterior light is installed or substantially modified
in the I-1 District, and whenever a zoning permit application is made
for new development or redevelopment, an exterior lighting plan shall
be submitted to the Plan Commission in order to determine whether
the requirements of this subsection have been met and that adjoining
property will not be adversely impacted by the proposed lighting.
[Added 6-6-2006 by Ord. No. 1798(2)]
(1)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
(a)
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
(b)
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
(c)
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(2)
Exterior lighting in the I-1 District shall be limited
to total-cutoff-type luminaires (with angle greater than 90°).
The maximum permitted illumination shall be two footcandles and the
maximum permitted luminaire height shall be 28 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(3)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyard or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
The P-1 Park District is used to provide for
areas where the open space and recreational needs, both public and
private, of the citizens can be met without undue disturbance of natural
resources and adjacent uses.
A.
P-1 permitted uses.
|
Botanical gardens and arboretums
| |
|
Fairgrounds
| |
|
Forest reserves (wilderness areas)
| |
|
Golf courses without country club facilities
| |
|
Historic and monument sites
| |
|
Ice skating
| |
|
Parks: general recreation
| |
|
Parks: leisure and ornamental
| |
|
Picnicking areas
| |
|
Play fields or athletic fields
| |
|
Play lots or tot lot
| |
|
Recreation centers
| |
|
Swimming pools
| |
|
Tennis courts
|
B.
P-1 accessory uses. Buildings accessory to the permitted
recreational use.
[Amended 3-18-2003 by Ord. No. 1716(30)]
C.
P-1 conditional uses (see § 315-130).
(1)
Utilities.
(2)
Drive-in movies.
(3)
Archery ranges.
(4)
Golf courses with country club/restaurant facilities.
(5)
Golf driving ranges.
(6)
Miniature golf.
(7)
Skeet and trap shooting ranges, provided that the
firing of rifle arms and shotgun slugs shall not be permitted directly
toward or over any highway, road, or navigable water, toward any building
or structure, or toward any population concentration within 1 1/2
miles of the site.
E.
Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.
G.
Exterior lighting standards and lighting plan required.
[Added 6-6-2006 by Ord. No. 1798(2)]
(1)
Ball diamonds, playing fields, golf driving ranges,
tennis courts, and similar outdoor recreational facilities have unique
requirements for nighttime visibility and generally have limited hours
of operation. These uses (excluding their associated off-street parking
lots) may be exempted by the Plan Commission from the exterior lighting
standards of this subsection if the applicant can satisfy the Plan
Commission, upon site plan and lighting plan review, that the following
requirements are met:
(a)
Any exterior light sources shall not exceed
the maximum permitted post height of 70 feet.
(b)
If the luminaire is shielded in either its orientation
or by a landscaped bufferyard to prevent light and glare spillover
to adjacent residential property(s) or residential zoning districts,
then the luminaire may exceed a total cut-off angle of 90°. The
maximum permitted illumination at the interior bufferyard line of
all required bufferyards shall not exceed two footcandles.
(2)
Exterior lighting plans shall be required for new
development or redevelopment of existing exterior lighting in the
P-1 Park District. At the time any exterior light is installed or
substantially modified in the P-1 District, and whenever a zoning
permit application is made for new development or redevelopment, an
exterior lighting plan shall be submitted to the Plan Commission in
order to determine whether the requirements of this subsection have
been met and that adjoining property will not be adversely impacted
by the proposed lighting.
(a)
A lighting plan submitted pursuant to the requirements
of this subsection shall have, at a minimum, the following elements:
[1]
A catalog page, cut sheet, or photograph of
the luminaire, including the mounting method, a graphic depiction
of the luminaire lamp (or bulb) concealment, and graphic depiction
of light cutoff angles.
[2]
A photometric data test report of the proposed
luminaire graphically showing the lighting distribution in all angles
vertically and horizontally around the luminaire.
[3]
A plot plan, drawn to a recognized engineering
or architectural scale, indicating the location of the luminaire(s)
proposed, mounting and/or installation height in feet, the overall
illumination levels (in footcandles) and lighting uniformities on
the site, and the illumination levels (in footcandles) at the property
boundary lines. This may be accomplished by means of an isolux curve
or computer printout projecting the illumination levels.
(3)
Exterior lighting in the P-1 District shall be limited
to total-cutoff-type luminaires (with angle greater than 90°).
The maximum permitted illumination shall be two footcandles and the
maximum permitted luminaire height shall be 30 feet as measured from
surrounding grade to the bottom of the luminaire. (Note: This standard
does not address illumination levels or fixture height which may be
required by the City of Burlington for the adequate lighting of public
street rights-of-way. It represents maximum illumination levels on
private property.)
(4)
For the purposes of this subsection, light shall be
measured as follows:
(a)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable fight meter.
The meter shall be read within an accuracy of plus or minus 5%. The
meter shall have been tested, calibrated, and certified by an independent
commercial photometric laboratory or the manufacturer within 30 days
of its use.
(b)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position at the interior line of the bufferyard or at the property
line, as required herein. Readings shall be taken only after the cell
has been exposed long enough to provide a constant reading. In order
to eliminate the effects of moonlight and other ambient light, measurements
shall be made after dark with the light source in question on, then
with the same sources off. The differences between the two readings
shall be compared to the maximum permitted illumination allowed under
this subsection.
The C-1 Conservancy District is intended to
be used to prevent destruction of valuable natural or man-made resources
and to protect woodland and wetland areas and wildlife habitat, where
development would result in hazards to health or safety or would deplete
or destroy natural resources or be otherwise incompatible with the
public welfare.
A.
C-1 permitted uses.
(1)
Agricultural uses, provided that they do not involve
extensions of cultivated areas or extension of or creation of new
drainage systems, and further provided that they do not substantially
disturb or impair the natural fauna, flora, topography, or water regimen.
(2)
Forest and game management.
(3)
Forest reserves (wilderness areas).
(4)
Forest reserves (wildlife areas).
C.
C-1 conditional uses. Essential services.
[Amended 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No. 1808(12); 3-6-2012 by Ord. No.
1943(20)]
[Amended 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No. 1808(12); 3-6-2012 by Ord. No. 1943(20)]
[Amended 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No.
1808(12); 3-6-2012 by Ord. No. 1943(20)]
[Added 4-6-1994 by Ord. No. 1467(40); amended 5-6-2003 by Ord. No. 1721(1)]
The SWO Shoreland Wetland Overlay District is
intended to preserve, protect, and enhance the ponds, streams, and
wetland areas of the City of Burlington. The preservation, protection,
and enhancement of these areas will serve to maintain safe and healthful
conditions; maintain and improve water quality, both ground and surface;
prevent flood damage; control stormwater runoff; protect stream banks
from erosion; protect groundwater recharge and discharge areas; protect
wildlife habitat; protect native plant communities; avoid the location
of structures on soils which are generally not suitable for use; prevent
water pollution; protect fish spawning grounds; preserve shore cover
and natural beauty; control building and development in wetlands whenever
possible; and protect the water-based recreation resources of the
City. The boundaries of the SWO Shoreland Wetland Overlay District
are based on the Wisconsin Wetland Inventory Map for the City of Burlington,
dated October 26, 1988, and stamped "Final," and include, but are
not limited to, all shoreland wetlands five acres or greater in area
shown on the map. Overlay districts provide for the possibility of
superimposing certain additional requirements upon a basic underlying
zoning district without disturbing the requirements of the basic district.
In the instance of conflicting requirements, the more strict of the
conflicting requirements shall apply.
A.
SWO permitted uses.
(1)
The following uses must be carried out without filling,
flooding, draining, dredging, ditching, tiling, or excavating:
(a)
Hiking, fishing, trapping, hunting, swimming,
and boating.
(b)
The harvesting of wild crops, such as marsh
hay, ferns, moss, wild rice, berries, tree fruits and tree seeds,
in a manner that is not injurious to the natural reproduction of such
crops.
(c)
The practice of silviculture, including the
planting, thinning and harvesting of timber; the pasturing of livestock;
the cultivation of agricultural crops; and the construction and maintenance
of duck blinds.
(2)
The following uses may involve filling, flooding,
draining, dredging, ditching, tiling, or excavating to the extent
specifically provided below:
(a)
Temporary water level stabilization measures,
in the practice of silviculture, which are necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact
on the conduct of silviculture activities if not corrected;
(b)
Dike and dam construction and ditching for the
purpose of growing and harvesting cranberries;
(c)
Ditching, tiling, dredging, excavating, or filling
done to maintain or repair existing agricultural drainage systems
only to the extent necessary to maintain the level of drainage required
to continue the existing agricultural use;
(d)
Limited excavating and filling necessary for
the construction and maintenance of fences for the pasturing of livestock;
(e)
Limited excavating and filling necessary for
the construction and maintenance of piers, docks, and walkways built
on pilings;
(f)
Limited excavating and filling necessary for
the maintenance, repair, replacement, and reconstruction of existing
public streets and highways; and
(g)
The maintenance and repair of existing bridges.
B.
SWO conditional uses (see § 315-130).
(1)
The construction of streets which are necessary for
the continuity of the City street system, necessary for the provision
of essential utility and public safety services, or necessary to provide
access to permitted open space uses in the SWO District, provided
that:
(a)
The street cannot, as a practical matter, be
located outside of the SWO District;
(b)
The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetland as listed in § 315-124 of this chapter;
(c)
The street is designed and constructed for the
minimum cross section practical to serve the intended use;
(d)
The street construction activities are to be
carried out in the immediate area of the roadbed only; and
(e)
Any filling, flooding, draining, dredging, ditching,
tilling, or excavating that is to be done must be necessary for the
construction or maintenance of the street.
(2)
The construction and maintenance of roads which are
necessary to conduct silviculture activities or are necessary for
agricultural cultivation, provided that:
(a)
The road cannot as a practical matter be located
outside the wetland; and
(b)
The road is designed and constructed to minimize
the adverse impact upon the natural functions of the wetland and meets
the following standards:
[1]
The road shall be designed and constructed as
a single-lane roadway with only such depth and width necessary to
accommodate the machinery required to conduct agricultural and silviculture
activities;
[2]
Road construction activities are to be carried
out in the immediate area of the roadbed only; and
[3]
Any filling, flooding, draining, dredging, ditching,
tiling, or excavating that is to be done must be necessary for the
construction or maintenance of the road.
(3)
The construction and maintenance of nonresidential
buildings used solely in conjunction with raising of waterfowl, minnows,
or other wetland or aquatic animals or used solely for some other
purpose which is compatible with wetland preservation, if such buildings
cannot as a practical matter be located outside the wetland and the
SWO District, provided that:
(4)
The establishment and development of public and private
parks and recreation areas, natural and outdoor education areas, historic
and scientific areas, wildlife refuges, game bird and animal farms,
fur and animal farms, shooting preserves, public boat launching ramps
and access roads used in conjunction with a public boat launching
ramp, provided that:
(a)
Any private recreation or wildlife habitat area
must be used exclusively for that purpose.
(b)
Filling and excavating necessary for the construction
and maintenance of public boat launching ramps and access roads are
allowed only where such construction meets the criteria listed for
roads to service silviculture activities.
(c)
Ditching, excavating, dredging, and dike and
dam construction may be done in wildlife refuges, game bird and animal
farms, fur animal farms, private wildlife habitat areas, and shooting
preserves, but only for the purpose of improving wildlife habitat
or otherwise to enhance wetland values.
(d)
The owner or operator of a new private recreation
or wildlife area to be located in the SWO District shall be required
to notify the City of Burlington Zoning Administrator of the proposed
project before beginning construction.
(5)
The construction and maintenance of electric, gas,
telephone, water and sewer transmission and distribution lines and
related facilities, by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light,
power, or water to their members, provided that:
(a)
The transmission and distribution lines and
related facilities cannot as a practical matter be located outside
the wetland; and
(b)
Any filling, excavating, ditching, or draining
that is to be done must be necessary for such construction or maintenance
and must be done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetlands.
(6)
The construction and maintenance of railroad lines,
provided that:
(a)
The railroad lines cannot as a practical matter
be located outside the wetland; and
(b)
Any filling, excavating, ditching, or draining
that is to be done must be necessary for such construction or maintenance
and must be done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetland.
(7)
The replacement and/or reconstruction of existing
bridges.
C.
SWO prohibited uses.
(1)
Any use not listed as a permitted use or a conditional
use is prohibited unless the SWO Shoreland Wetland Overlay District
lands concerned are first rezoned into another district.
(2)
The use of a boathouse for human habitation and the
construction or placement of a boathouse or fixed houseboat below
the ordinary high-water mark of any navigable waters are prohibited.
(3)
Grazing, livestock watering and feeding, and application
of fertilizers shall be prohibited unless conducted in accordance
with Racine County's Conservation Standards as formulated and adopted
by the Racine County Planning and Development Committee.
(4)
In order to help prevent and control further erosion
and consequent sedimentation of the surface waters of the City, crop
production on lands that are severely eroded is prohibited, and such
lands shall be planted to permanent vegetation. For purposes of this
subsection, all lands designated by the United States Soil Conservation
Service as having an erosion factor of three or more, as shown on
the operational soil survey maps on file with the Zoning Administrator,
shall be considered as being severely eroded. An erosion factor of
three means that 3/4 or more of the surface soil has been removed
by erosion.
[Added 10-5-1999 by Ord. No. 1607(11)]
A.
District intent. The HPO Historic Preservation Overlay
District is intended to:
(1)
Provide for the protection and preservation of those
structures whose historic or architectural interests are valuable
contributions to the character and charm of the City or areas of the
City. Such structures and areas are hereby deemed to represent a community
asset justifying the public regulation of such structures and areas
to ensure their preservation.
(2)
Protect the historic community character of such structures
and districts whose historic or architectural interests are valuable
contributions to the character and charm of the City or areas of the
City.
(3)
Effect and accomplish the protection, enhancement,
and perpetuation of improvements and of districts that represent or
reflect elements of the City's cultural, social, economic, political,
and architectural history.
(4)
Safeguard the City's historic and cultural heritage,
as embodied and reflected in such historic structures and historic
districts.
(5)
Stabilize and improve property values.
(6)
Foster civic pride in the beauty and noble accomplishments
of the past.
(7)
Protect and enhance the City's attractions to residents,
tourists, and visitors for education, pleasure, and general welfare.
(8)
Serve as a support and stimulus to business and industry.
(9)
Strengthen the economy of the City.
B.
District standards. District standards shall conform
to those required in the underlying basic zoning district. In addition,
the design guidelines as set forth in the publication titled "Burlington
Historic Downtown Main Street District: Design Quality - Standards
Guidelines," as amended, published by the Burlington Historic Downtown
Main Street District, shall be used by the Historic Preservation Commission,
Plan Commission, and Common Council as HPO District design standards
and guidelines.
C.
Recommendation of the Historic Preservation Commission.
A copy of a petition for rezoning to an HPO District shall be submitted
to the Historic Preservation Commission when the petition is filed
with the City Clerk for review and comment. When considering a petition
for rezoning for an HPO District, the Plan Commission and the Common
Council, in making their respective recommendations and determinations,
shall take into consideration the recommendation of the Historic Preservation
Commission.
D.
Designation of historic sites and historic districts. The Plan Commission, upon referral to and the recommendation of the Historic Preservation Commission, may recommend to the Common Council the designation of historic structures, historic sites, and historic districts within the City. Such designation should, however, be based upon the criteria established in § 315-114 of this chapter. Appropriate records, including photographs and plans, shall be kept as part of the City's official zoning file.
E.
Limitation on structural or appearance changes. Structural
changes shall be regulated in the following manner:
(1)
Certificate of appropriateness required. There shall
be no alteration in the architectural appearance of any structure
within an HPO District without the approval or conditional approval
of plans for such alterations by the Common Council. In determining
whether to grant approval or approve with conditions or reject the
request for a certificate of appropriateness, the Common Council shall
take into consideration the recommendation of the Historic Preservation
Commission. The recommendation of the Historic Preservation Commission
to the Common Council may be to grant approval, approve with conditions
or reject the request for a certificate of appropriateness. For the
purposes of this section, alterations shall include any exterior change
(including painting), addition to, or demolition of any part or all
of the exterior of a structure. The Common Council shall make its
decision within 45 days of its receipt of the Historic Preservation
Commission's recommendation regarding the application for a certificate
of appropriateness. The recommendation by the Historic Preservation
Commission for a certificate of appropriateness for signage, however,
shall be forwarded to the Building Inspector for a final review and
approval, with no Common Council approval being required. Persons
who are granted a certificate of appropriateness by the Common Council
are required to obtain all other permits required by this Municipal
Code or by the State of Wisconsin, from the appropriate authority,
for the proposed alteration.
[Amended 2-20-2001 by Ord. No. 1650(54); 12-7-2004 by Ord. No. 1762(14); 2-17-2016 by Ord. No. 2004(10)]
(2)
Basis for approval. No alterations shall be permitted
that would tend to destroy or seriously impair the particular character
and quality of the HPO Historic Preservation Overlay District. No
change or alteration (including painting) of an historic structure,
historic site, or historic district shall be permitted which destroys,
seriously impairs, or significantly alters its character in terms
of its historical or architectural interest.
(3)
Repairs, destruction and reconstruction.
[Amended 12-7-2004 by Ord. No. 1762(14)]
(a)
Notwithstanding the provisions of § 315-84, total lifetime structural repairs, restoration, or alterations of a preservation structure may exceed 50% of the City's equalized value of the structure if the Common Council determines, upon recommendation by the Historic Preservation Commission, that the structure will be repaired, restored, or altered in a way that maintains the character of the structure and the character of the HPO District without significant alteration or change in such character. No person in charge of an historic structure or improvement in an HPO Historic Preservation Overlay District shall be granted a permit to demolish such property without review and recommendations by the Historic Preservation Commission to the Common Council.
(b)
In the case of a two-story structure in the
HPO District which has been destroyed, the Common Council may determine,
upon recommendation by the Historic Preservation Commission, that
the replacement structure may be constructed as a one-story structure
but in a way that maintains the historic character of the destroyed
two-story structure and the character of the HPO District streetscape
facade without significant alteration or change in such character.
(4)
Placement of satellite antenna dishes. [Added 8-16-2005
by Ord. No. 1784(8)]
(a)
Definition. A "satellite antenna dish" is defined
as:
[1]
A dish antenna that is one meter (39.37 inches)
or less in diameter and is designed to receive direct broadcast satellite
service, including direct-to-home satellite service; or
[2]
An antenna that is one meter or less in diameter
or diagonal measurement and is designed to receive video programming
services via MMDS (wireless cable). Such antennas may be mounted on
masts to reach the height needed to establish line-of-sight contact
with the transmitter; or
[3]
An antenna that is designed to receive local
television broadcast signals; or
[4]
Other contemporary communications devices similar
to the above, as may be defined by the Federal Communications Commission,
and as the above descriptions may be amended by the Federal Communications
Commission from time to time.
(b)
Regulations. All satellite antenna dishes erected
in the Historic Preservation Overlay District shall conform to the
following regulations:
[1]
Whenever a satellite antenna dish is affixed
to a building, it must be installed to avoid damaging the structure.
For example, when affixed to a masonry structure, it should be attached
to mortar joints, not the brick or stone.
[2]
No more than two satellite antenna dishes are
allowed on a lot or per dwelling unit, whichever is greater.
[3]
Satellite antenna dishes shall be no larger
than one meter in diameter.
[4]
Satellite antenna dishes shall not be visible
from a public street unless no signal reception is possible or reception
will be substantially degraded if located in an allowed location on
the lot.
[5]
Satellite antenna dishes mounted to a tower
where the total height will exceed 12 feet (as measured from surrounding
grade) require a building permit.
[6]
No signage is to be placed on satellite antenna
dishes or antenna structures.
[7]
The following satellite antenna dish placement
shall not require a review for a certificate of appropriateness:
[a]
Satellite antenna dishes, as well
as other contemporary communications devices, which are located unobtrusively
within the HPO District. The placement of these devices will not require
a review if they are located on or near a structure so that they are
not visible from the street. Specifically, the antennas should be
located at the rear of the primary building or attached to the rear
of the primary building (either on the rear walls or the rear slopes
of the roof).
[8]
On the front of a building. If the only possible
location for the placement of a satellite antenna dish is attachment
to the front of a building, either attached to the wall of the building
or on the front roof slope, then the proposed design and location
of the antenna, as well as any proposed screening material, must be
submitted to the HPC for review. The antenna should be placed so that
it is screened from view from the street or compatibly incorporated
into the facade design. These options are only available if there
is no other location for placement of the satellite dish antenna and
it would be considered a hardship situation.
[9]
Mounting hardware, including but not limited
to wiring and poles, shall not be visible from a public street.
(5)
Revocation
and expiration of certificate of appropriateness. In any case where
a certificate of appropriateness has been granted by the Common Council
for alterations in the architectural appearance of any structure within
an HPO District and has not been established within one year after
the date of granting thereof, then without further action by the Historic
Preservation Commission or Common Council, the certificate of appropriateness
authorization shall be null and void unless upon the showing of valid
cause by the applicant, the Common Council (upon recommendation of
the Historic Preservation Commission) may grant an extension of such
certificate of appropriateness for a period not to exceed one year.
[Added 9-20-2011 by Ord. No. 1931(8)]
F.
Permitted, accessory, and conditional uses. As per
underlying basic zoning district classification.
A.
Intent.
(1)
The PUD Planned Unit Development Overlay District
is intended to permit developments that will, over a period of time,
be enhanced by coordinated area site planning, diversified location
of structures, and/or mixing of compatible uses. Such developments
are intended to provide a safe and efficient system for pedestrian
and vehicle traffic; to provide attractive recreation and open spaces
as integral parts of the developments; to enable economic design in
the location of public and private utilities and community facilities;
and to ensure adequate standards of construction and planning. The
PUD Overlay District under this chapter will allow for flexibility
of overall development design with benefits from such design flexibility
intended to be derived by both the developer and the community, while
at the same time maintaining insofar as possible the land use density
and other standards or use requirements as set forth in the underlying
basic zoning district.
(2)
The unified and planned development of a site in a
single, partnership, or corporate ownership or control or in common
ownership under the Condominium Ownership Act set forth in Ch. 703,
Wis. Stats., may be permitted by the City upon specific petition under
this section and after public hearing, with such development encompassing
one or more principal uses or structures and related accessory uses
or structures, when all regulations and standards as set forth in
this section have been met.
(3)
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic underlying zoning district
without disturbing the requirements of the basic district. In the
instance of conflicting use requirements, the more strict of the conflicting
requirements shall apply.
B.
PUD permitted uses. Any use permitted in the underlying
basic use district.
C.
PUD permitted accessory uses. Any accessory use permitted
in the underlying basic use district.
D.
PUD conditional uses (see also § 315-130 of this chapter). Any conditional use permitted in the underlying basic use district.
E.
Minimum area requirements. Areas designated as Planned
Unit Development Overlay Districts shall be under single or corporate
ownership or control and shall contain a minimum development area
of:
[Amended 11-7-1995 by Ord. No. 1512(19); 6-17-2008 by Ord. No. 1862(4)]
|
Principal Uses
|
Minimum Area of PUD
(acres)
| |
|---|---|---|
|
Institutional uses
|
5
| |
|
Residential PUD
|
2.5
| |
|
Commercial PUD
|
5
| |
|
Industrial PUD
|
20
| |
|
Mixed compatible use
|
10
|
F.
Density requirements (lot area, width and yard requirements).
The district area, width, and yard requirements of the underlying
basic use district may be modified; however, in no case shall the
average density in the district exceed the number of dwelling units
that would have been permitted if the Planned Unit Development Overlay
District regulations had not been utilized.
G.
Building height and area.
(1)
Buildings in a Planned Unit Development Overlay District
shall not exceed the height permitted in the underlying basic use
district.
(2)
Buildings in a Planned Unit Development Overlay District
shall provide a minimum area that is equal to or greater than that
required in the underlying basic use district.
H.
Procedural requirements.
(1)
Pre-petition conference. Prior to the official submission
of the petition for the approval of a Planned Unit Development Overlay
District, the owner or his agent making such petition shall meet with
the City Plan Commission or its staff to discuss the scope and proposed
nature of the contemplated development.
(2)
Petition. Following the pre-petition conference, the
owner or his agent may file a petition with the City Clerk for approval
of a Planned Unit Development Overlay District. Such petition shall
be accompanied by the following information:
(a)
A statement which sets forth the relationship
of the proposed PUD to the City's adopted Master Plan, Neighborhood
Plan, or any adopted component thereof, and the general character
of and the uses to be included in the proposed PUD, including the
following information:
[1]
Total area to be included in the PUD, area of
open space, residential density computations, proposed number of dwelling
units, population analysis, availability of or requirements for municipal
services and any other similar data pertinent to a comprehensive evaluation
of the proposed development.
[2]
A general summary of the estimate value of structures
and site improvement costs, including landscaping and special features,
and a general outline of the organizational structure of a property
owner's or management's association, which may be proposed to be established
for the purpose of providing any necessary private services.
[3]
Any proposed departures from the standards of development as set forth in the City zoning regulations, Chapter 278, Subdivision of Land, of this Code, other City regulations or administrative rules, or other universal guidelines.
[4]
The expected date of commencement of physical
development as set forth in the proposal and also an outline of any
development staging which is planned.
(b)
A general development plan, including:
[1]
A legal description of the boundaries of the
subject property included in the proposed PUD and its relationship
to surrounding properties.
[2]
The location of public and private roads, driveways,
sidewalks, and parking facilities.
[3]
The size, arrangement, and location of any individual
building sites and proposed building groups on each individual site.
[4]
The location of institutional, recreational,
and open space areas and areas reserved or dedicated for public uses,
including schools, parks, and drainageways.
[5]
The type, size, and location of all structures.
[6]
General landscape treatment.
[7]
The existing and proposed location of public
sanitary sewer, water supply facilities, and stormwater drainage facilities.
[8]
The existing and proposed location of all private
utilities or other easements.
[9]
Characteristics of soils related to contemplated
specific uses.
[10]
Existing topography on the site with contours
at no greater than two-foot intervals.
[11]
Anticipated uses of adjoining lands in regard
to roads, surface water drainage, and compatibility with existing
adjacent land uses.
[12]
If the development is to be staged, a staging
plan.
(3)
Referral to Plan Commission. The petition for a Planned
Unit Development Overlay District shall be referred to the City Plan
Commission for its review and recommendation, including any additional
conditions or restrictions which it may deem necessary or appropriate.
(4)
Public hearing. The Common Council, after receiving a recommendation from the City Plan Commission, shall hold a public hearing pursuant to Article XII of this chapter. Notice for such hearings shall include reference to the development plans filed in conjunction with the requested Planned Unit Development Overlay District.
I.
Basis for approval of the petition. The City Plan
Commission, in making its recommendation, and the Common Council,
in making its determination, shall consider that:
(1)
The petitioners for the proposed Planned Unit Development
Overlay District have indicated that they intend to begin the physical
development of the PUD within nine months following the approval of
the petition and that the development will be carried out according
to a reasonable construction schedule and staging plan satisfactory
to the City.
(2)
The proposed Planned Unit Development Overlay District
is consistent in all respects with the purpose of this section and
with the spirit and intent of this chapter; is in conformity with
the adopted Master Plan, Neighborhood Plan, or any adopted component
thereof; and that the development would not be contrary to the general
welfare and economic prosperity of the community.
(3)
In the case of a proposed residential Planned Unit
Development Overlay District:
(a)
Such development will create an attractive residential
environment of sustained desirability and economic stability, including
structures in relation to terrain, consideration of safe pedestrian
flow, ready access to recreation space, and coordination with overall
plans for the community.
(b)
The total net residential density within the
Planned Unit Development Overlay District will be compatible with
the City Master Plan, Neighborhood Plan or components thereof.
(c)
Structure types shall be generally compatible
with other structural types permitted in the underlying basic use
district. To this end, structure type shall be limited as follows:
[1]
Planned residential developments in the Rs-1
and Rs-2 Districts shall be limited to cluster developments and detached
condominiums.
[2]
Planned residential developments in the Rs-3,
Rd-1 and Rd-2 Districts shall be limited to cluster developments,
townhouses, and condominiums, not to exceed four dwelling units per
structure.
[3]
Planned residential developments in the Rm-1 and TN-R Districts shall be limited to cluster developments, townhouses, and condominiums, not to exceed four dwelling units per structure. The requirement for conditional use permits for two-family and multiple-family dwellings as set forth in § 315-19 for TN-R Districts shall apply.[1]
[6]
Planned residential developments are prohibited
in the A-1 Agricultural/Holding District as such urban uses are declared
to be incompatible with the agricultural nature of that district.
(d)
Provision has been made for the installation
of adequate public facilities and the continuing maintenance and operation
of such facilities.
(e)
Provision has been made for adequate, continuing
fire and police protection.
(f)
The population composition of the development
will not have an adverse effect upon the community's capacity to provide
needed school or other municipal service facilities.
(g)
Adequate guarantee is provided for permanent
preservation of open space areas as shown on the approved site plan
either by private reservation and maintenance or by dedication to
the public.
(4)
In the case of a proposed commercial Planned Unit
Development Overlay District:
(a)
The economic practicality of the proposed development
can be justified.
(b)
The proposed development will be adequately
served by off-street parking and truck service facilities.
(c)
The proposed development shall be adequately
provided with and shall not impose any undue burden on public services
and facilities, such as fire and police protection, street maintenance,
and maintenance of public areas.
(d)
The locations of entrances and exits have been
designated to prevent unnecessary interference with the safe and efficient
movement of traffic on surrounding streets, and the development will
not create an adverse effect upon the general traffic pattern of the
surrounding neighborhood.
(e)
The landscaping, control of lighting, and general
site development will result in an attractive and harmonious service
area compatible with and not adversely affecting the property values
of the surrounding neighborhood.
(5)
In the case of a proposed industrial Planned Unit
Development Overlay District:
(a)
The operational character and physical plant
arrangement of buildings will be compatible with, and will not result
in adverse effect upon, the property values of the surrounding neighborhood.
(b)
The proposed development shall be adequately
provided with and shall not impose any undue burden on public services
and facilities, such as fire and police protection, street maintenance,
and maintenance of public areas.
(c)
The proposed development will include adequate
provision for off-street parking and truck service areas and will
be adequately served by rail and/or arterial highway facilities.
(d)
The proposed development is properly related
to the total transportation system of the community and will not result
in an adverse effect on the safety and efficiency of the public streets.
(6)
In the case of a mixed use Planned Unit Development
Overlay District:
(a)
The proposed mixture of uses produces a unified
composite which is compatible within the underlying districts and
which, as a total development entity, is compatible with the surrounding
neighborhood.
(b)
The various types of uses conform to the general
requirements as hereinbefore set forth applicable to projects of such
use and character.
(c)
The proposed development shall be adequately
provided with and shall not impose any undue burden on public services
and facilities, such as fire and police protection, street maintenance,
and maintenance of public areas.
J.
Findings. The City Plan Commission, in making its
recommendations, and the Common Council, in making its determination,
shall further find that:
(1)
The proposed site shall be provided with adequate
drainage facilities for surface and storm waters.
(2)
The proposed site shall be accessible from public
roads that are adequate to carry the traffic that can be expected
to be generated by the proposed development.
(3)
No undue constraint or burden will be imposed on public
services and facilities, such as fire and police protection, street
maintenance, and maintenance of public areas, by the proposed development.
(4)
The streets and driveways on the site of the proposed
development shall be adequate to serve the residents of the proposed
development and shall meet the minimum standards of all applicable
ordinances or administrative regulations of the City.
(5)
Centralized public water and sewer facilities shall
be provided.
(6)
The entire tract or parcel of land to be included
in a Planned Unit Development Overlay District shall be held under
single ownership or, if there is more than one owner, the petition
for such Planned Unit Development Overlay District shall be considered
as one tract, lot or parcel, and the legal description must define
said PUD as a single parcel, lot or tract and be so recorded with
the Register of Deeds for Racine or Walworth County, as applicable.[4]
K.
Determination of disposition of the application.
(1)
General. The Common Council, after due consideration,
shall either deny the application, approve the application as submitted,
or approve the application subject to additional conditions and restrictions.
(2)
Approval. The general and detailed approval of a Planned
Unit Development Overlay District shall be based on and include as
conditions thereto the building, site, and operational plans for the
development as approved by the Common Council.
(a)
General approval. Plans submitted with the PUD
application need not necessarily be completely detailed at the time
of rezoning, provided that they are of sufficient detail to satisfy
the Common Council as to the general character, scope, and appearance
of the proposed development. Such preliminary plan shall designate
the pattern of proposed streets and the size and arrangement of individual
buildings and building sites. The approval of such preliminary plan
shall be conditioned upon the subsequent submittal and approval of
more specific and detailed plans as each stage of development progresses.
(b)
Detailed approval. Plans submitted for detailed
approval shall be sufficiently precise and all items that are required
to be identified by the Common Council are presented. A letter of
credit for all improvements shall be submitted before final approval
is given.
(3)
Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the City Plan Commission, and if in the opinion of the City Plan Commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the City Plan Commission shall be required and notice thereof given pursuant to the provisions of Article XII of this chapter, and said proposed alterations shall be submitted to the Common Council for approval.
(4)
Subsequent land division. The division of any land
or lands within a Planned Unit Development Overlay District for the
purpose of change or conveyance of ownership shall be accomplished
pursuant to the land division regulations of the City,[5] and when such division is contemplated, a preliminary
plat of the lands to be divided shall accompany the petition for PUD
approval.
[Added 5-15-2007 by Ord. No. 1827(31)]
A.
Purpose and authority.
(1)
Purpose. The residents of the City of Burlington
depend exclusively on groundwater for a safe drinking water supply.
Certain land use practices and activities can seriously threaten or
degrade groundwater quality. The purpose of this Wellhead Protection
Overlay District is to institute land use regulations and restrictions
protecting the municipal water supply of the City of Burlington and
promote the public health, safety and general welfare of the residents.
(2)
Authority. This section is adopted pursuant
to Wis. Stats. § 62.23(7)(c) and the amendments thereto,
which grants the City of Burlington the authority to enact zoning
regulations to encourage the protection of groundwater resources and
to promote the public health, safety and welfare.
B.
Application of regulations.
(1)
The regulations specified in this section apply
to the incorporated areas of the City of Burlington that lie within
the wellhead protection areas for the municipal wells identified in
the Wellhead Protection Plan for Wells No. 7, No. 8, No. 9, No. 10
and the Airport Well, City of Burlington, December 2005 (but shall
not include the area surrounding the Airport Well, as that well is
not integrated into the municipal water supply of the City), and in
the Addendum to the Burlington Wellhead Protection Plan for Municipal
Well No. 11, Kapur and Associates, January 2007, both plans hereby
being officially approved and adopted by the City of Burlington,[1] and are in addition to the requirements in the underlying
zoning district.
[1]
Editor's Note: Said plans are on file in the
City offices.
C.
AQUIFER
CONE OF DEPRESSION
FIVE-YEAR TIME OF TRAVEL
MUNICIPAL WATER SUPPLY
PERSON
RECHARGE AREA
THIRTY-DAY TIME OF TRAVEL
WELL FIELD
ZONE OF SATURATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
The area around a well, in which the water level has been
lowered at least 1/10 foot by pumping of the well.
The recharge area up gradient of the cone of depression,
the outer boundary of which it is determined or estimated that groundwater
will take five years to reach a pumping well.
The municipal water supply of the City of Burlington.
An individual, partnership, association, corporation, municipality
or state agency, or other legal entity.
The area which encompasses all areas or features that, by
surface infiltration of water that reaches the zone of saturation
of an aquifer, supplies groundwater to a well.
The recharge area up gradient of a well, or its cone of depression,
the outer boundary of which it is determined or estimated that groundwater
will take thirty days to reach a pumping well.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
The area of unconsolidated, fractured or porous material
that is saturated with water and constitutes groundwater.
D.
Wellhead technical review committee --
(1)
(2)
The purpose of the Burlington Wellhead Technical
Review Committee is to provide objective and scientific technical
review of requests for conditional use permits and make recommendations
to the Plan Commission to grant or deny conditional use permits based
upon the facts discovered in that review, to make recommendations
on any and all conditions placed on a conditional use permit, and
to give advice on matters concerning groundwater.
E.
Wellhead Protection Overlay District.
(1)
The Wellhead Protection Overlay District (WPO)
is intended to provide land use regulations and restrictions within
a defined area that contributes water directly to a municipal water
supply and thus promote public health, safety, and welfare. The district
is intended to protect the groundwater recharge area for the existing
or future municipal water supply from contamination.
(2)
The WPO District is described in accordance with the wellhead protection area as set forth in the wellhead protection plans referenced in Subsection B. This district is described as multiple areas lying within the City and within a radius of 1,200 feet of each municipal well of the City of Burlington.
F.
Conflict in regulations. The regulations of the WPO
District will apply in addition to all other regulations which cover
the same geographic area. If there is a conflict between the provisions
of this overlay district and the underlying zoning district, the more
restrictive provision shall apply.
G.
District boundaries. The boundaries of each WPO District
shall be shown on the Burlington Zoning Map. The locations and boundaries
of the zoning district established by this section are set forth on
the City of Burlington Wellhead Protection Overlay District Map, Exhibit
A, which is incorporated herein and hereby made a part of this section
as though fully set forth and described herein, and shall be incorporated
into the City Zoning Map.[2]
[2]
Editor's Note: Exhibit A is on file in the
City offices.
H.
Permitted uses.
(1)
The following permitted uses are subject to the separation distance requirements, Subsection I, and prohibited uses, Subsection J, if such uses are permitted as of right in the underlying zoning district:
(a)
Public and private parks, playgrounds and beaches,
provided there are no on-site wastewater disposal systems or holding
tanks.
(b)
Wildlife and natural and woodland areas.
(c)
Biking, hiking, skiing, nature and fitness trails.
(d)
Residential which is municipally sewered.
(e)
Routine tillage, planting, and field management
operations in support of agricultural crop production, where nutrients
from legume, manure, and commercial sources are accounted for and
credited toward crop nutrient need. The combination of all nutrient
sources applied or available on individual fields may not exceed University
of Wisconsin soil test recommendations for that field.
(f)
Public parks, playgrounds and beaches, provided
on-site wastewater shall be discharged to a holding tank or municipal
sewer.
(g)
Single-family residences on a minimum lot of
40,000 square feet with a private on-site sewage treatment system
receiving less than 8,000 gallons per day, which meets the county
and state health standards for the effluent, and is in conformance
with Wis. Adm. Code Ch. Comm 83.
(h)
Commercial establishments which are municipally
sewered.
(i)
Industrial establishments which are municipally
sewered.
(j)
Residential use of above ground LP gas tanks
for heating, not to exceed 1,000 gallons.
I.
Separation distance requirements.
(1)
The following separation distances as specified
in Wis. Adm. Code § NR 811.16 shall be maintained:
(a)
Fifty feet between a public water supply well
and a stormwater sewer main or any sanitary sewer main constructed
of water main materials and joints which is pressure tested in place
to meet current AWWA C600 specifications.
(b)
Two hundred feet between a public water supply well and any sanitary sewer main not meeting the specifications in Subsection A, any sanitary sewer lift station or single-family residential fuel oil tank.
(c)
Four hundred feet between a public water supply
well and a septic system receiving less than 8,000 gallons per day,
or a stormwater detention, retention, or infiltration or drainage
basin.
(d)
Six hundred feet between a well and any gasoline
or fuel oil storage tank installation that has received written approval
from the Wisconsin Department of Commerce (hereafter "Commerce") or
its designated agent under Wis. Adm. Code § Comm 10.10.
(e)
One thousand feet between a well and land application
of municipal, commercial or industrial waste; industrial, commercial
or municipal wastewater storage structures; and manure stacks or storage
structures.
(f)
One thousand two hundred feet between a well
and any solid waste storage, transportation, transfer, incineration,
air curtain destructor, processing, wood burning, one-time disposal
or small demolition facility; sanitary landfill; coal storage area;
salt or deicing material storage area; gasoline or fuel oil storage
tanks that have not received written approval from Commerce or its
designated agent under Wis. Adm. Code § Comm 10.10; bulk
fuel storage facilities; pesticide or fertilizer handling or storage
facilities; or any property with residual groundwater contamination
that exceeds Wis. Adm. Code Ch. NR 140 that is shown on the Department
of Natural Resources geographic information system registry of closed
remediation sites.
J.
Prohibited uses. Certain uses are prohibited in the
WPO District in order to provide the greatest assurance that inadvertent
discharge of pollutants into the water supply will not occur, since
such an event would result in almost certain contamination of the
public water supply and costly mitigation or remediation for which
liability is difficult or impossible to establish.
(1)
The uses, activities or structures prohibited
in the WPO District include:
(a)
Below-ground hydrocarbon storage tanks, petroleum
storage tanks (except a gasoline or fuel oil storage tank installation
that has received written approval from the Wisconsin Department of
Commerce or its designated agent under Wis. Adm. Code § Comm
10.10), or hazardous chemical storage tanks. (Hazardous chemicals
are identified by OSHA criteria under 40 CFR Part 370.).
(b)
Cemeteries.
(c)
Chemical manufacturers (Standard Industrial
Classification Major Group 28).
(d)
Coal storage.
(e)
Dry cleaners.
(f)
Industrial lagoons and pits.
(g)
Landfills and any other solid waste facility,
except post-consumer recycling.
(h)
Manure and animal waste storage except animal
waste storage facilities regulated by the county.
(i)
Nonmetallic earthen materials extraction or
sand and gravel pits.
(j)
Pesticide and fertilizer dealer, transfer or
storage.
(k)
Railroad yards and maintenance stations.
(l)
Rendering plants and slaughterhouses.
(m)
Salt or deicing material storage.
(n)
Salvage or junkyards.
(o)
Septage or sludge spreading, storage or treatment.
(p)
Septage, wastewater, or sewage lagoons.
(q)
Private on-site wastewater treatment systems
or holding tanks receiving 8,000 gallons per day or more.
(r)
Stockyards and feedlots.
(s)
Motor vehicular services, including filling and service stations, repair, renovation and body working [gasoline filling stations, without service facilities, are subject to the separation distances in Subsection I(1)(d)].
(t)
Wood preserving operations.
(u)
Hazardous, toxic or radioactive materials transfer
and storage.
K.
Classification of use.
(1)
Classification of a use as being permitted,
prohibited or conditional shall be determined by an application submitted
to the City Building Inspector. The application shall be in writing
and shall describe in detail the use, activities and structures proposed
along with the quantities, use of, storage and handling of all regulated
substances. A scaled site map showing all building and structure footprints,
driveways, loading docks, sidewalks, parking lots, storage yards and
any other information deemed necessary for determination shall be
submitted. In case of question as to the classification of a proposed
use, the application shall be forwarded to the Wellhead Technical
Review Committee for determination in accordance with the following
procedure:
(a)
Application: The above-described application
shall be submitted to the City Building Inspector. The application
will be then forwarded to the Wellhead Technical Review Committee,
by the Committee Chair. The Wellhead Technical Review Committee may
request additional information as deemed necessary to facilitate a
determination.
(b)
Investigation: The Wellhead Technical Review
Committee shall make or have made such investigation in order to compare
the nature and characteristics of the proposed use with those that
are permitted, conditional or prohibited.
(c)
Determination: The Wellhead Technical Review
Committee shall determine the use as being permitted, prohibited or
conditional. The determination of the Wellhead Technical Review Committee
shall be rendered in writing within 60 days from receiving all requested
information and shall include findings supporting the conclusion.
L.
Conditional uses.
(1)
Any person may request a conditional use permit for certain uses, activities and structures within the WPO District not prohibited in Subsection J.
(2)
The uses, activities, and structures that may
be conditionally allowed are:
(a)
Jewelry plating and metal plating.
(b)
Machine or metalworking shops.
(c)
Commercial establishments utilizing a private
on-site wastewater treatment system receiving less than 8,000 gallons
per day, which is in conformance with Wis. Adm. Code Ch. Comm 83.
(d)
Research labs, universities and hospitals.
(3)
All requests for a conditional use permit shall
be submitted in writing to the City of Burlington and shall include
all of the following:
(a)
A site plan map with all building and structure
footprints, driveways, sidewalks, parking lots, stormwater management
structures, groundwater monitoring wells, and two-foot ground elevation
contours.
(b)
A business/operation plan and/or other documentation
which describes in detail the use, activities, and structures proposed.
(c)
An environmental assessment report prepared
by a licensed environmental engineer which details the risk to, and
potential impact of, the proposed use, activities, and structures
on groundwater quality.
(d)
An operational safety plan, which details the
operational procedures for material processes and containment, best
management practices, stormwater runoff management, and groundwater
monitoring.
(e)
Contingency plan, which addresses in detail
the actions that will be taken should a contamination event caused
by the proposed use, activities, or structures occur.
(4)
The person making the request shall reimburse
the City for consultant fees and Technical Review Committee expenses
associated with this review at the invoiced amount, plus administrative
costs.
(5)
All conditional use permits granted shall be
subject to conditions that will include environmental and safety monitoring
determined necessary to afford adequate protection of the public water
supply. These conditions shall include all of the following:
(a)
Provide current copies of all federal, state
and local facility operation approval or certificates and on-going
environmental monitoring results to the City.
(b)
Establish environmental or safety structures/monitoring
to include an operational safety plan, material processes and containment,
operations monitoring, best management practices, stormwater runoff
management, and groundwater monitoring.
(c)
Replace equipment or expand in a manner that
improves the environmental and safety technologies being utilized.
(d)
Prepare, file and maintain a current contingency
plan which details the response to any emergency which occurs at the
facility, including notifying municipal, county and state officials;
provide a current copy to the City.
(6)
The Burlington Plan Commission shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Burlington Wellhead Technical Review Committee. Any conditions above and beyond those specified in Conditional uses, Subsection L(5) herein, that are recommended by the Burlington Wellhead Technical Review Committee may be applied to the granting of the conditional use permit.
M.
Requirements for existing facilities which may cause or threaten to cause environmental pollution. Existing facilities within the WPO District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, those types listed in the Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, and all other facilities which are considered a prohibited use in Subsection J, or a conditional use in Subsection L, Conditional uses, all of which are incorporated herein as if fully set forth.
(1)
Such facilities as above which exist within
the district at the time of enactment of a district shall provide
copies of all current, revised or new federal, state and local facility
operation approvals, permits or certificates; operational safety plans;
and ongoing environmental monitoring results to the City.
(2)
Such facilities as above which exist within
the district at the time of enactment of a district shall have the
responsibility of devising, filing and maintaining, with the City,
a current contingency plan which details how they intend to respond
to any emergency which may cause or threaten to cause environmental
pollution that occurs at their facility, including notifying municipal,
county and state officials.
(3)
Such facilities as above cannot engage in or employ a use, activity, or structure listed in Subsection J, Prohibited uses, or in Subsection L, Conditional uses, which they did not engage in or employ at the time of enactment of a district, and can only expand, replace or rebuild those present uses, activities, equipment, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as a prohibited use or conditional use shall be expanded, replaced, or rebuilt unless a conditional use permit is granted for such expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.
N.
Changing technology.
(1)
The uses prohibited by this district are prohibited
based upon the combined pollution experience of many individual uses,
and the technology generally employed by a particular use considered
being of a high risk for pollution to the groundwater resource. As
the technology of other uses change to low or nonrisk materials or
methods, upon petition from such use, after conferring with the Wellhead
Technical Review Committee or other expert opinion, and after appropriate
public notice and hearing, the City through appropriate procedures
and actions to change these provisions of the Burlington Municipal
Code may remove from the designated prohibited uses such uses as are
demonstrated convincingly that they no longer pose a groundwater pollution
hazard.
(2)
In dealing with uses which attempt to become
permissible, under the terms of this district, by continuing to utilize
pollutant materials but altering their processing, storage and handling,
it is not the intention to accept alternate or reduced hazards as
the basis for making a use permissible. It is the intention to continue
a prohibition on such uses until the technology of the use removes
reliance upon the pollutant materials or processes deemed to be a
groundwater hazard.
O.
Enforcement and penalty.
(1)
Penalty. Any person who violates, neglects or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided in Chapter 1 of the Municipal Code.
(2)
Injunction. The City of Burlington may, in addition
to any other remedy, seek an injunction or restraining order against
the party alleged to have violated the provisions herein, the cost
of which shall be charged to the defendant in such action.
(3)
Cleanup costs. As a substitute for, and in addition
to any other action, the City of Burlington may commence legal action
against both the person who releases the contaminants and the owner
of the facility whereupon the contaminants were released to recover
the costs, together with the costs of prosecution. Any person who
causes the release of any contaminants which may endanger or contaminate
the municipal water supply system associated with a Wellhead Protection
Overlay District shall immediately cease such discharge and immediately
initiate cleanup satisfactory to the City of Burlington and the other
state and federal regulatory agencies. The person who releases such
contaminants and the person who owns the facility whereon the contaminants
have been released shall be jointly and severally responsible for
the cost of cleanup, consultant, or other contractor fees, including
all administrative costs for oversight, review and documentation,
including the City employees, equipment, and mileage.
P.
Conflict. Where any terms or requirements of this
section may be inconsistent or conflicting, the most restrictive requirements
or interpretations shall apply.
