Article III Zoning Districts

[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)]

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

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

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.

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)]

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.

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.

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)]

§ 315-14 Zoning Map.

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.

§ 315-15 A-1 Agricultural/Holding District.

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-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:

(a)

The keeping and raising of hogs or fur-bearing animals is prohibited.

(b)

Not more than one head of livestock or 20 head of poultry shall be permitted for each 2 1/2 acres.

(3)

Existing dwellings not accessory to any farm operation or dwelling remaining after consolidation of farms.

(4)

Single-family dwelling on a substandard lot as provided in § 315-59.

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.

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)]

(a)

The borrow pit use shall be subject to the lot area and width requirements set forth under the provisions of § 315-34D of Chapter 315, Zoning, of the City of Burlington Municipal Code. However, no borrow pit shall exceed 35 acres in area unless specifically allowed by the Plan Commission.

(b)

The borrow pit use shall be subject to the building height requirements set forth under the provisions of § 315-34E of Chapter 315, Zoning, of the City of Burlington Municipal Code.

(c)

The borrow pit use shall be subject to the special site regulations for shoreland areas set forth under the provisions of § 315-12.1 of Chapter 315, Zoning, of the City of Burlington Municipal Code.

(d)

The borrow pit use shall be subject to the Quarrying/Extractive District’s special regulation set forth under the provisions of § 315-34G of Chapter 315, Zoning, of the City of Burlington Municipal Code.

(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.

(f)

Site plan and landscape plan required for borrow pit. Site plans and landscape plans shall be required for borrow pits meeting those requirements set forth in §§ 315-137 and 315-138 of Chapter 315, Zoning, of the City of Burlington Municipal Code.

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.

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.

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 each side of the principal structure not less than 25 feet in width.

(3)

There shall be a rear yard of not less than 50 feet.

[Amended 11-18-2003 by Ord. No. 1740(20)]

§ 315-16 Rs-1 Single-Family Residence District.

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.

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.

Rs-1 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Private garages and carports (see Article V).

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations.

Rs-1 conditional uses (see § 315-130).

(1)

Community living arrangements which have a capacity for nine or more persons.

(2)

Utilities.

(3)

Greenhouse with associated sales.

(4)

Churches.

(5)

Bed-and-breakfast establishments providing adequate off-street parking facilities.

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.

Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

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 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.

§ 315-17 Rs-2 Single-Family Residence District.

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.

Rs-2 permitted uses.

(1)

Single-family dwellings.

(2)

Foster homes; treatment foster homes.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6)

Essential services.

Rs-2 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Private garages and carports (see Article V).

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations.

Rs-2 conditional uses (see § 315-130).

(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.

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.

Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

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 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.

§ 315-18 Rs-3 Single-Family Residence District.

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.

Rs-3 permitted uses.

(1)

Single-family dwellings.

(2)

Foster homes; treatment foster homes.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 served by the program.

(5)

Adult family homes.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6)

Essential services.

Rs-3 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Private garages and carports (see Article V).

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations.

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.

(e)

The structure complies with the Building Code[3] as it pertains to the requirements of a two-family structure.

[3]

Editor's Note: See Ch. 115, Building Construction.

(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.

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.

Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

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 of eight feet.

(3)

There shall be a rear yard of not less than 25 feet.

§ 315-19 TN-R Traditional Neighborhood Residence District.

[Added 12-7-1999 by Ord. No. 1611(13)]

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.

Permitted uses. The following uses shall be permitted uses in the TN-R Traditional Neighborhood Residence District:

(1)

Single-family detached dwellings.

(2)

Foster homes; treatment foster homes.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3)

Family day-care home in a single-family dwelling.

(4)

Community living arrangements which have a capacity for eight or fewer persons served by the program.

(5)

Adult family homes.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6)

Essential services.

Accessory uses. The following uses shall be permitted accessory uses:

(1)

Off-street parking areas (see Article V).

(2)

Private garages and carports for the storage of vehicles for the occupants of the premises.

(3)

Gardening, tool, and storage sheds incidental to the residential use.

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.

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.

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.

Signage requirements. See Article VII of this chapter.

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.

§ 315-20 Rd-1 Two-Family Residence District.

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.

Rd-1 permitted uses.

(1)

Two-family dwellings.

(2)

Foster homes or treatment foster homes in either or both units of a two-family dwelling.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6)

Essential services.

Rd-1 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Private garages and carports (see Article V).

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations.

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.

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.

Building height. No building or parts of a building shall exceed 35 feet in height.

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 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.

§ 315-21 Rd-2 Two-Family Residence District.

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.

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.

Rd-2 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Private garages and carports (see Article V).

(2)

Gardening, tool and storage sheds incidental to the residential use.

(3)

Home occupations.

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.

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.

Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

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 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.

§ 315-22 Rm-1 Multiple-Family Residence District.

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.

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.

Rm-1 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Private garages and carports (see Article V).

(2)

Gardening, tool and storage sheds incidental to the residential use.

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.

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.

Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

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.

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.

§ 315-23 Rm-2 Multiple-Family Residence District.

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.

Rm-2 permitted uses.

(1)

Multiple-family dwellings.

(2)

Foster homes; treatment foster homes in one or more units of a multiple-family dwelling structure.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5)

Essential services.

Rm-2 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Private garages and carports (see Article V).

(2)

Gardening, tool and storage sheds incidental to the residential use.

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.

Utilities.

Churches.

Mobile home parks:

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.

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.

Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

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.

Anchoring of mobile/modular homes. All mobile or modular homes shall be permanently anchored and constructed with skirting at their base.

§ 315-24 Rm-3 Low-Density Multiple-Family Residence District.

[Added 12-7-1999 by Ord. No. 1611(13)]

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.

Permitted uses. The following uses shall be permitted uses in the Rm-3 Low-Density Multiple-Family Residence District:

(1)

Multiple-family dwellings not exceeding eight dwelling units per structure.

(2)

Foster homes; treatment foster homes in one or more units of a multiple-family dwelling structure.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5)

Essential services.

Accessory uses. The following uses shall be permitted accessory uses:

(1)

Off-street parking areas (see Article V).

(2)

Private garages and carports for the storage of vehicles for the occupants of the premises.

(3)

Gardening, tool, and storage sheds incidental to the residential use.

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.

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

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.

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.

Signage requirements. See Article VII of this chapter.

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.

§ 315-25 Rm-4 Multiple-Family Residence District.

[Added 4-5-2000 by Ord. No. 1617(21)]

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.

Permitted uses.

(1)

Multiple-family dwellings when developed as part of a PUD (see § 315-43).

(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.

Permitted accessory uses. Any permitted accessory use in the Rm-3 District (see § 315-24C).

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.

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)]

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

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.

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)]

Site plan and landscape plan requirements. Site plans and landscape plans shall be required in the Rm-4 Multiple-Family Residence District meeting those requirements set forth in §§ 315-137 and 315-138 of this chapter.

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.

§ 315-26 B-1 Neighborhood Business District.

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-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

Permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Garages for storage of vehicles used in conjunction with the operation of a business.

(2)

Off-street parking and loading areas (see Article V).

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)

[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.

(31)

The following uses are permitted as conditional uses provided all principal structures and uses are not less than 100 feet from any residential district lot line:

Heliports.

Bus depots.

Rail depots.

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)]

[1]

Editor's Note: See also § 315-130B.

(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:

[1]

No outdoor display shall be permitted that is not accessory to an enclosed principal building.

[2]

No outdoors display area shall exceed an area greater than the gross floor area of the principal structure to which said outdoor sales and display area is accessory to.

(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.

[2]

Temporary outdoor display of seasonal merchandise is subject to Article IV, Temporary Uses, of the City Code.[2]

[2]

Editor's Note: See §§ 315-44 and 315-45.

[3]

The owner of a business (or his representative) shall submit to the Zoning Administrator a zoning permit application, pursuant to § 315-128, Zoning Permit, of the City Code for any proposed temporary use.

(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.

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.

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)]

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.

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.

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.

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)]

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)]

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.

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.

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.

(3)

(Reserved)[4]

[4]

Editor's Note: Former Subsection N(3), pertaining to outdoor display, was repealed 12-2-2003 by Ord. No. 1737(17).

(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.

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)

(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)

(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)

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.

Signage requirements. See Article VII, Signs, of this chapter.

[Added 6-5-2001 by Ord. No. 1657(5)]

Landscape plan requirements. Landscape plans shall be required in the B-1 Neighborhood Business District meeting those requirements set forth in § 315-138 of this chapter.

[Added 6-5-2001 by Ord. No. 1657(5)]

§ 315-27 B-2 Central Business District.

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-2 permitted uses.

[Amended 9-7-2010 by Ord. No. 1907(10)]

	Antique and collectors stores
	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
	Florists
	Fraternities
	Fruit stores
	Furniture stores
	Furriers and fur apparel
	Gift stores
	Grocery stores
	Hardware stores
	Hobby and craft stores
	Jewelry stores
	Lodges
	Meat markets
	Medical clinics
	Municipal-owned parking structures, garages and parking lots
	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 laundries and dry-cleaning establishments
	Shoe stores and leather goods stores
	Soda fountain
	Sporting goods stores
	Stationery stores
	Supermarkets
	Tanning salons, fitness centers, massage parlors and bathhouses
	Theaters
	Tobacco stores
	Variety stores
	Vegetable stores

Permitted accessory uses.

[Amended 6-1-1993 by Ord. No. 1438(10); 3-18-2003 by Ord. No. 1716(30)]

(1)

Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Off-street parking areas (see Article V).

(3)

Essential services.

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)

[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)

[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.

Printing.

Cemeteries.

Crematory service.

Utilities.

[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)]

(29)

The following uses are permitted as conditional uses provided all principal structures and uses are not less than 100 feet from any residential district lot line:

(a)

Bus depots.

(b)

Rail depots.

(30)

[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)

(e)

(f)

Additional yard setbacks, screening and/or landscape areas may be required by the Plan Commission to prevent adverse impacts on surrounding properties.

(g)

[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.

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.

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)]

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.

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.

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)

(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)

(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)

(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.

Signage requirements. See Article VII of this chapter.

[Added 8-5-2003 by Ord. No. 1729(9)]

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)]

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)

§ 315-27.1 B-2A Central Business Transition District.

[Added 8-5-2003 by Ord. No. 1729(9)]

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.

Permitted uses. The following uses shall be permitted uses in the B-2A Central Business Transition District:

(1)

Those permitted uses set forth under § 315-27 for the B-2 Central Business District.

Accessory uses. The following uses shall be permitted accessory uses in the B-2A Central Business Transition District:

(1)

Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Off-street parking areas (see Article V).

(3)

Those accessory uses set forth under § 315-27 for the B-2 Central Business District.

Conditional uses. The following uses shall be conditional uses in the B-2A Central Business Transition District:

(1)

Those conditional uses set forth under § 315-27 for the B-2 Central Business District.

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

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.

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)

(2)

(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)

(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)

Exterior lighting standards and lighting plan required. Exterior lighting standards and lighting plan shall be as required under § 315-27 for the B-2 Central Business District.

Signage requirements. See Article VII of this chapter.

Site plan and landscape plan requirements. Site plans and landscape plans shall be required in the B-2A Central Business Transition District meeting those requirements set forth in §§ 315-137 and 315-138 of this chapter.

§ 315-28 B-3 Professional Office District.

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.

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.

B-3 permitted accessory uses.

[Amended 6-1-1993 by Ord. No. 1438(10); 3-18-2003 by Ord. No. 1716(30)]

(1)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(2)

Off-street parking areas (see Article V).

(3)

Essential services.

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)

[Added 6-1-1993 by Ord. No. 1438(10)]

(3)

[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)

[Added 3-18-2003 by Ord. No. 1716(30)]

(7)

Radio and television transmitting and receiving stations.

(8)

Crematory service.

(9)

The following uses are permitted as conditional uses provided all principal structures and uses are not less than 100 feet from any residential district lot line:

(a)

Heliports.

(b)

Bus depots.

(c)

Rail depots.

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.

Building height and area (also see Article VI).

(1)

No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.

(2)

The sum total of the floor area of the principal building and all accessory buildings shall not exceed 50% of the lot area.

Setback and yards (also see Article VI).

(1)

There shall be a minimum building setback of 25 feet from the right-of-way of all streets.

(2)

There shall be a side yard on each side of all buildings not less than 10 feet in width.

(3)

There shall be a rear yard of not less than 25 feet.

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.

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)

(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)

(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)

(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.

§ 315-29 (Reserved) [1]

[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).

§ 315-30 M-1 Light Manufacturing District.

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.

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

M-1 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Garages for storage of vehicles used in conjunction with the operation of an industry.

(2)

Off-street parking and loading areas (see Article V).

(3)

Office, storage, power supply, and other uses normally auxiliary to the principal industrial operations.

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)

[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)

[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)]

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.

Building height (also see Article VI). No building or parts of a building shall exceed 40 feet in height.

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 of not less than 25 feet.

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.

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)

(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)

(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)

(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.

§ 315-31 M-2 General Manufacturing District.

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.

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)]

M-2 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Garages for storage of vehicles used in conjunction with the operation of an industry.

(2)

Off-street parking and loading areas (see Article V).

(3)

Offices, storage, power supply and other uses normally auxiliary to the principal industrial operations.

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)

[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)

[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)]

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.

Building height (also see Article VI). No building or part of a building shall exceed 50 feet in height.

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)]

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)

(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)

(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.

§ 315-32 M-3 Manufacturing and Office Park District.

[Added 3-5-1996 by Ord. No. 1525(31)]

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.

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.

M-3 District accessory uses. Permitted accessory uses in the M-3 District shall be as follows:

(1)

Off-street parking and loading areas.

(2)

Garages for storage of vehicles used in conjunction with the operation of a business.

(3)

Offices accessory to a principal use.

(4)

Outdoor storage areas meeting the requirements of this chapter.

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.

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.

Off-street parking standards. Off-street parking requirements for the M-3 District shall be as indicated in Article V of this chapter.

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.

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).

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)

(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)

(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)

Signage requirements. In addition to the basic signage requirements in Article VII of this chapter, signs located in the M-3 District shall meet those requirements set forth in § 315-71F.

[Amended 7-1-1997 by Ord. No. 1558(7)[5]]

[5]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Site plan and landscape plan required. Site plans and landscape plans shall be required in the M-3 District meeting those requirements set forth in §§ 315-137 and 315-138 of this chapter.[6]

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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)

(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]

[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3)

For the purposes of this chapter, light shall be measured as follows:

(a)

(b)

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.

[1]

The use of the following building materials for exterior building facades shall be prohibited on any building facade facing a public street right-of-way:

[a]

Plain concrete.

[b]

Plain concrete block.

[c]

Metal siding.

[d]

Corrugated metal building skins.

[e]

Plywood and wood panel composite siding.

[2]

The use of the following building materials for exterior building facades is encouraged:

[a]

Brick masonry and/or brick masonry veneer.

[b]

Decorative and split face concrete block masonry.

[c]

Decorative concrete and concrete panels.

(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:

[1]

Photographs from the site of adjacent neighboring structures and/or property.

[2]

Detailed drawings of decorative elements of the building(s) or structure(s).

[3]

Sectional building or site drawings drawn to a recognized engineering or architectural scale.

§ 315-33 M-4 Manufacturing District.

[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.

M-4 Permitted uses.

(1)

Those industrial uses permitted in the M-2 General Manufacturing District.[1]

[1]

Editor's Note: See § 315-31.

(2)

	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

M-4 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Garages for storage of vehicles used in conjunction with the operation of an industry.

(2)

Off-street parking and loading areas (see Article V).

(3)

Offices, storage, power supply and other uses normally auxiliary to the principal industrial operations.

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)

[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.

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.

Building height (also see Article VI). No building or part of a building shall exceed 50 feet in height.

Setback and yards (also see Article VI).

(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.

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)

(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)

(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)

(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.

§ 315-34 Q-1 Quarrying/Extractive District.

[3-18-2003 by Ord. No. 1716(30); 6-6-2006 by Ord. No. 1798(2); 4-15-2025 by Ord. No. 2123(13)]

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.

Q-1 permitted uses. None.

Q-1 permitted accessory uses. None.

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.

Lot area and width (also see Article VI).

(1)

Lots shall provide sufficient area for the principal structure and its accessory structures, the extractive industrial operation, off-street parking and loading, and yards as required herein.

(2)

Lots shall be not less than 80 feet in width at the principal street access.

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.

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.

(3)

When a mineral extraction operation abuts another such operation, the 200-foot setback for each operation from their common lot line may be reduced to a zero-lot line setback through Plan Commission and Racine County approval of restoration plan(s) for both operations in order to establish a more reasonable restoration of such operations. A public hearing shall be held as a part of the conditional use hearing procedures and notice shall be published and mailed in accordance with § 315-130 of this Municipal Code of Ordinances.

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.

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.

(1)

A lighting plan submitted pursuant to the requirements of this subsection shall have, at a minimum, the following elements:

(a)

(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)

(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)

(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.

§ 315-35 I-1 Institutional District.

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.

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.

I-1 permitted accessory uses.

[Amended 3-18-2003 by Ord. No. 1716(30)]

(1)

Residential quarters for caretakers or clergy.

(2)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(3)

Off-street parking and loading areas (see Article V).

(4)

Service buildings and facilities normally accessory to the permitted uses.

Conditional uses (see § 315-130).

Utilities.

Cemeteries.

Crematory service.

Gift store.

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)

[Added 3-18-2003 by Ord. No. 1716(30)]

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.

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)]

Setback and yards (also see Article VI).

(1)

A minimum building setback of 25 feet from the right-of-way line of all public streets shall be required.

(2)

There shall be a minimum side yard of 10 feet.

(3)

There shall be a rear yard of not less than 25 feet.

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.

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)

(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)

(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)

(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.

§ 315-36 P-1 Park District.

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.

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

P-1 accessory uses. Buildings accessory to the permitted recreational use.

[Amended 3-18-2003 by Ord. No. 1716(30)]

P-1 conditional uses (see § 315-130).

Utilities.

Drive-in movies.

Archery ranges.

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.

Lot area and width (also see Article VI). Lots in the P-1 Park District shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas as required by Article V of this chapter, and all required yards.

Building height (also see Article VI). No building or parts of a building shall exceed 35 feet in height.

Setback and yards (also see Article VI).

(1)

A minimum building setback of 40 feet from the right-of-way line of all public streets shall be required.

(2)

There shall be a side yard on each side of all buildings not less than 40 feet in width.

(3)

There shall be a rear yard of not less than 40 feet.

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]

[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]

(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.

§ 315-37 C-1 Conservancy District.

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.

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-1 permitted accessory uses.

(1)

Structures used in or accessory to a fish hatchery.

(2)

Nonhabitable park or recreation shelters.

(3)

Structures such as bridges used to traverse lowlands or watercourses.

C-1 conditional uses. Essential services.

§ 315-38 FW Floodway District.

[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)]

Development in the FW District shall adhere to Chapter 119, Article III.

§ 315-39 GFP General Floodplain District.

[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)]

Development in the GFP District shall adhere to Chapter 119, Article V.

§ 315-40 FFO Floodfringe Overlay District.

[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)]

Development in the FFO District shall adhere to Chapter 119, Article IV.

§ 315-41 SWO Shoreland Wetland Overlay District.

[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.

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.

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:

(a)

Any such building does not exceed 500 square feet in floor area; and

(b)

Only limited excavating and filling necessary to provide structure support for the building is allowed.

(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)

(7)

The replacement and/or reconstruction of existing bridges.

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.

§ 315-42 HPO Historic Preservation Overlay District.

[Added 10-5-1999 by Ord. No. 1607(11)]

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.

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.

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.

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.

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)]

Permitted, accessory, and conditional uses. As per underlying basic zoning district classification.

§ 315-43 PUD Planned Unit Development Overlay District.

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.

PUD permitted uses. Any use permitted in the underlying basic use district.

PUD permitted accessory uses. Any accessory use permitted in the underlying basic use district.

PUD conditional uses (see also § 315-130 of this chapter). Any conditional use permitted in the underlying basic use district.

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

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.

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.

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.

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]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[4]

Planned residential developments in the Rm-2 and Rm-3 Districts shall be limited to cluster developments, townhouses, and condominiums.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[5]

Planned residential developments in the Rm-4 District shall be limited as set forth in § 315-25 of this chapter.[3]

[3]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[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)

(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)

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]

[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

[5]

Editor's Note: See Ch. 278, Subdivision of Land.

§ 315-43.1 Wellhead Protection Overlay District.

[Added 5-15-2007 by Ord. No. 1827(31)]

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.

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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AQUIFER

A saturated, permeable geologic formation that contains and will yield significant quantities of water.

CONE OF DEPRESSION

The area around a well, in which the water level has been lowered at least 1/10 foot by pumping of the well.

FIVE-YEAR TIME OF TRAVEL

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.

MUNICIPAL WATER SUPPLY

The municipal water supply of the City of Burlington.

PERSON

An individual, partnership, association, corporation, municipality or state agency, or other legal entity.

RECHARGE AREA

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.

THIRTY-DAY TIME OF TRAVEL

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.

WELL FIELD

A piece of land used primarily for the purpose of locating wells to supply a municipal water system.

ZONE OF SATURATION

The area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.

Wellhead technical review committee --

(1)

The Burlington Wellhead Technical Review Committee shall consist of all of the following:

(a)

The City Planner.

(b)

The City Utility Manager.

(c)

The City Engineer.

(d)

The City Building Inspector.

(e)

One member who has at least one of the following qualifications:

[1]

Is a hydrogeologist, hydrologist or a professional engineer with a background in groundwater; or

[2]

Is a certified groundwater professional.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

(e)

Exposed hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.) This shall not apply to residential LP gas tanks which are permitted under Subsection H(1)(j).

(f)

Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, Ch. NR 140, Wis. Adm. Code. (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)

(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.

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.

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.

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.

Conflict. Where any terms or requirements of this section may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.