A. 
The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1) 
Architectural projections, such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys, are exempt from the height limitations of this chapter.
(2) 
Special structures, such as elevator penthouses, gas tanks, grain elevators, observation towers and scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smokestacks, are exempt from the height limitations of this chapter.
(3) 
Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.[1]
[1]
Editor's Note: The original paragraph regarding communication structures which immediately followed this subsection was deleted 3-18-2003 by Ord. No. 1716(30).
(4) 
Agricultural structures, such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.
(5) 
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanatoriums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided that all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
B. 
The district height limitations may be reduced if such a reduction is necessary pursuant to the Height Limitation Zoning Map, Burlington Municipal Airport, published by the Wisconsin Bureau of Aeronautics and dated April 15, 1994, as may be amended. Said map is and shall be a part of this chapter and shall be kept on file at City Hall.
[Added 11-18-2003 by Ord. No. 1740(20)]
The yard requirements stipulated elsewhere in this chapter may be modified as follows:
A. 
Uncovered stairs, landings, and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.
B. 
Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not exceed one foot.[1]
[1]
Editor's Note: The original paragraphs regarding residential fences, security fences and decorative fences which immediately followed this subsection have been moved to § 315-51.
C. 
Accessory uses and detached accessory structures:
[Amended 8-20-2002 by Ord. No. 1698(12); 8-5-2003 by Ord. No. 1729(9)]
(1) 
Are permitted in the rear yard only in all residential districts; accessory uses and detached accessory structures may be permitted by the Plan Commission to be placed in side yards in the A-1, B-1, B-2, B-2A, B-3, I-1, M-1, M-2, M-3, M-4, P-1, PUD (nonresidential) and Q-1 Districts under site plan review (see § 315-137, Site plans) but shall not be allowed to be placed closer to a lot line than the minimum required side yard of the zoning district within which such accessory uses and detached accessory structures are placed;
[Amended 11-9-2006 by Ord. No. 1812(16)]
(2) 
May be permitted by the Plan Commission to be placed within street yards in the M-2 and Q-1 Districts under site plan review (see § 315-137, Site plans) (unless prohibited by existing deed restrictions or protective covenants) but shall not be allowed to be placed closer to a street right-of-way line than the minimum required building setback of the zoning district within which such accessory uses and detached accessory structures are placed;
(3) 
Shall not be closer than five feet to the principal structure;
(4) 
Shall not exceed the height of the principal structure or 25 feet, whichever is less, in all residential districts and in the B-1, B-2, B-2A, B-3, I-1, M-1, M-2, M-3, M-4, PUD (nonresidential) and Q-1 Districts shall not exceed the maximum height limitations of the zoning district within which such accessory uses and detached accessory structures are placed;
[Amended 11-9-2006 by Ord. No. 1812(16); 6-7-2011 by Ord. No. 1925(2)]
(5) 
Shall not occupy more than 20% of the existing rear yard area in all districts except in the B-1, B-2, B-2A, B-3, I-1, M-1, M-2, M-3, M-4, PUD (nonresidential) and Q-1 Districts where such accessory uses and detached accessory structures shall not occupy more than 50% of the rear yard area or side yard area; and
[Amended 11-9-2006 by Ord. No. 1812(16)]
(6) 
Shall not be closer than three feet to any lot line nor 10 feet to any alley line in all residential districts, except in residential districts the required ten-foot setback from the alley line may be reduced to the average of the setback of the abutting structures on each side, but in no case less than five feet.
[Amended 6-3-2008 by Ord. No. 1861(3)]
D. 
Off-street parking is permitted in all yards of all districts but shall not be closer than eight feet to a street right-of-way line and four feet to other property lines. Parking lots located within the B-2 Central Business District are exempt from this requirement in accordance with § 315-48.
[Amended 10-1-1991 by Ord. No. 1352(22)]
E. 
Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
F. 
Landscaping and vegetation are exempt from the yard requirements of this chapter.
Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.
The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting structures on each side but in no case less than 15 feet in any residential district and five feet in any business district except in the B-2 Central Business District.
Structures shall provide a street yard as required by this chapter on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street. The setbacks on each street shall be the same distance.
Where a lot is located partially within the FW Floodway District and a minimum of 50% of the lot is located within any other adjoining use district, that portion of the lot in the FW Floodway District may be utilized to meet the area requirements of the adjoining use district.
A. 
A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this chapter but which is at least 50 feet wide and 6,000 square feet in area may be used as a single building site, provided that the use is permitted in the zoning district and provided that the lot is a lot of record in the County Register of Deeds office prior to the effective date of this chapter.
B. 
A lot located in the business, manufacturing, or institutional districts which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site, provided that the lot is a lot of record in the County Register of Deeds office prior to the effective date of this chapter.
C. 
Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the Zoning Board of Appeals.
D. 
If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter.
Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound-level standards of this chapter.
[Added 10-2-1990 by Ord. No. 1313(17)]
A. 
Awnings in B-2 Central Business District.
(1) 
Awnings may be placed upon any building or structure located in the B-2 Central Business District upon the following conditions, and such awning shall be permitted to extend beyond the lot line of the parcel and over the public right-of-way above the sidewalk on the following conditions:
(a) 
A detailed set of plans shall be submitted to the Building Inspector for his review, and the Building Inspector shall issue a permit for the construction and installation of the awning if it conforms with this Subsection A.
(b) 
The awning shall extend not more than four feet beyond the building upon which it is placed and not closer than two feet to the back of curb where it abuts the public sidewalk.
[Amended 11-6-2001 by Ord. No. 1651(55)]
(c) 
The awning shall not be greater than five feet in height (as measured from the bottom of the awning to the top of the awning), unless authorized greater in the HPO District by the Historic Preservation Commission, and shall not be less than 7.5 feet above the sidewalk (as measured from the bottom of the awning).
[Amended 11-6-2001 by Ord. No. 1651(55)]
(d) 
The awning shall be constructed of cloth, canvas, sheet metal, or other lightweight material. Awnings located in the HPO Historic Preservation District shall be constructed of cloth, canvas or other material(s) approved by the Historic Preservation Commission.
[Amended 11-6-2001 by Ord. No. 1651(55)]
(e) 
The awning shall contain no signs or advertising except as otherwise permitted by this chapter.
(f) 
The awning shall not have any external lighting but may have incandescent lighting for safety or security.
(2) 
The Building Inspector shall issue a permit for construction of the awning if it meets the above conditions.
B. 
Awnings in all other districts.[1]
(1) 
Materials. No person shall hereafter erect or maintain any awning of any material, except cloth or canvas, over any sidewalk or other public place in the City without an awning permit.
(2) 
Construction. All awnings, except temporary awnings as hereinafter provided for, hereafter constructed or maintained over any sidewalk or other public place shall be elevated at least seven feet five inches at the lowest part thereof above the surface of the sidewalk and shall project not more than seven feet beyond the building line and not closer than two feet to the back of the curb where it abuts the public sidewalk. All such awnings shall be supported without posts by brackets or by frames attached to the building so as at all times to be safe and leave the sidewalk wholly unobstructed thereby and so that they may be lowered and raised with safety and convenience.
(3) 
Temporary awnings. Awnings without side curtains may from time to time be erected and maintained across the sidewalk of any street for temporary use as a protection during inclement weather only; provided, however, that such awning shall be made of canvas or cloth and shall be supported by upright posts not exceeding two inches in diameter and not less than eight feet nor more than 10 feet in height above the sidewalk and shall not be wider than the entrance of the building in connection with which it is to be used. Awnings with side curtains may be erected for a limited time upon issuance of a special permit by the Building Inspector.
(4) 
General regulations. The owner or occupant of any building shall at all times keep the awning line front of such building free from ice, snow, dirt or other obstructions. Nothing shall be suspended from any awning over any sidewalk.
(5) 
Removal of awnings. All awnings erected, constructed, maintained or operated in a manner different from that specified in this section shall be removed by the owner, agent or person in possession or control of the building or part thereof to which such awning is attached within five days after notice to do so from the Building Inspector.
(6) 
The awning shall contain no signs or advertising except as otherwise permitted in this chapter, and requirements for such signs or advertising which are more restrictive than those set forth herein shall apply.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A permit issued pursuant to this section shall not expire, but a new permit shall be required if the awning is replaced or if signs or advertising thereon is changed.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Any permit issued pursuant to this section shall not cause the City of Burlington, its employees or agents to be responsible in any way whatsoever to the owner/applicant or any person injured by an awning constructed pursuant to this permit if said awning extends beyond the lot line of the owner/applicant and above the City right-of-way/sidewalk, and the owner or applicant shall indemnify the City for any claims made because of such permit.