Article XIII Administration

Editor's Note: Former Subsection C, giving the Zoning Administrator authority to determine that necessary permits for floodland uses have been secured, was repealed 11-9-2006 by Ord. No. 1808(12).

Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the City Attorney in a manner specified by him.

Assist the City Attorney in the prosecution of ordinance violations.

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.

Prohibit the use or erection of any structure, land, or water until he has inspected and approved such use or erection.

Request assistance and cooperation from the City Police Department and City Attorney as deemed necessary.

Recommend to the City Common Council and Plan Commission any additional regulations deemed necessary.

[Added 4-6-1994 by Ord. No. 1467(40)]

Make available to the public, to the fullest extent possible, all reports and documents concerning the City's Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The City Plan Commission may set fees necessary to recover the cost of providing information to the public. Where useful, the Zoning Administrator or his agent may set marks on bridges or buildings or other markers which show the depth of the one-hundred-year recurrence interval flood or may set marks delineating the boundaries of wetlands.

[Added 4-6-1994 by Ord. No. 1467(40)]

§ 315-128 Zoning permit.

Applications for a zoning permit shall be made to the Zoning Administrator on forms furnished by the City Clerk and shall include the following where pertinent and necessary for proper review:

Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other map drawn to scale and approved by the City Zoning Administrator showing the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; high water; channel, floodway, and floodplain boundaries; and existing and proposed street, side and rear yards.

Additional information as may be required by the City Plan Commission or City Zoning Administrator.

For any development in the FW, GFP or FFO District, a zoning permit shall be obtained in accordance with Chapter 119, § 119-7.1(2), Land use permit.

[Added 11-9-2006 by Ord. No. 1808(12); amended 3-6-2012 by Ord. No. 1943(20)]

A zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of the Zoning Administrator's receipt of all of the information required by this chapter, and the applicant shall post such permit in a conspicuous place at the site. The permit shall expire in four months for existing structures, accessory structures, or existing uses, and in 24 months for new dwellings, new commercial structures or new uses, from the date of issuance, which will be considered the start of construction. If work for which a permit is issued is not substantially completed by the date of expiration of the permit, the applicant shall reapply for a zoning permit before commencing or continuing work. Any permit issued in conflict with the provisions of this chapter shall be null and void.

[Amended 11-9-2006 by Ord. No. 1808(12)]

§ 315-129 Certificate of compliance.

[Amended 11-9-2006 by Ord. No. 1808(12)]

No land or vacant land shall be occupied, used or developed, and no building which is hereafter located, moved, constructed, reconstructed, structurally altered, added to, modified, repaired, rebuilt or replaced shall be occupied, and no floodplain area shall be filled, excavated or developed, and no nonconforming use shall be maintained, renewed or changed, until a certificate of compliance is issued by the Zoning Administrator. Such certificate shall show that the structure or premises or use is in conformance with the provisions of this chapter. Such certificate shall be applied for at the time a party occupies any land or structure or there is a renewal or change in a nonconforming use.

Application for certificate of compliance shall be made in the same manner as for a zoning permit pursuant to § 315-128 of this chapter.

[Amended 3-6-2012 by Ord. No. 1943(20)]

Existing uses. Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of the adoption of this chapter certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this chapter.

(Reserved)[1]

Editor's Note: Former Subsection C, regarding certificates of compliance in floodplain districts, was repealed 3-6-2012 by Ord. No. 1943(20).

§ 315-130 Conditional use permit.

[Amended 7-3-1990 by Ord. No. 1306(8); 4-6-1994 by Ord. No. 1467(40); 7-16-2002 by Ord. No. 1692(6); 5-6-2003 by Ord. No. 1721(1); 11-9-2006 by Ord. No. 1808(12); 9-20-2011 by Ord. No. 1931(8); 3-6-2012 by Ord. No. 1943(20); 5-20-2025 by Ord. No. 2127(4)]

The City Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.

Application for conditional use permit. Application for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by the City Clerk and shall include the following where pertinent and necessary for proper review by the City Plan Commission:

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, when engaged, and all opposite and abutting property owners of record.

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

Plat of survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale and approved by the Zoning Administrator showing the location, property boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; existing and proposed street, side and rear yards; and areas subject to inundation by floodwaters.

In floodplain areas (FW, GFP and FFO Districts), the application for a conditional use permit shall meet all of the requirements set forth in Chapter 119, Articles III, IV and V.

In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site, soil mapping unit lines, types and slopes, ground surface elevations, mean and historic high-water lines on or within 40 feet of the subject premises, and existing and proposed landscaping when so required by the City Plan Commission.

(6)

Additional information as may be required by the Common Council, City Plan Commission, City Engineer, Zoning Administrator, or the City Attorney.

Review and approval.

The City Plan Commission shall review the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation, and also conditions such as landscaping, type of construction, floodproofing, anchoring of structures in flood area, construction commencement and completion dates, sureties, and lighting.

Standards for review and approval of conditional uses in shoreland areas. For conditional uses in shoreland areas of the City, the City Plan Commission shall also review drainage, water uses, operation and improvement upon flood damage protection, water quality, shoreland cover, natural beauty, wildlife habitat, and conditions such as floodproofing, ground cover, diversions, silting basins, terraces, and stream bank protection as well as those other factors necessary to meet the provisions of the State of Wisconsin's floodplain and shoreland management programs. Also see § 315-12.1 for additional standards and requirements for conditional uses in shoreland areas.

Standards for review and approval in floodplain areas.

§ 315-130.1 Additional standards and requirements for specific conditional uses.

No permit shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation. See also Chapter 119 for requirements in floodplain areas.

Hearings. The City Plan Commission shall hold the public hearing for all proposed conditional use permits and proposed amendments to a conditional use permit already approved and issued prior to action on the application. The Zoning Administrator shall: (1) fix a reasonable time and place for the hearing; (2) publish a Class two notice of the hearing, under Ch. 985, Wis. Stats., thereof including a description of the location or a map; (3) provide 10 days' prior written notice, including the notice of public hearing to the applicant and property owner (if not the applicant) and to all property owners within 300 feet of the boundaries of the parcel encompassing the conditional use. At the hearing the applicant may appear in person, by agent, or by attorney.

Notice to the DNR. The City Plan Commission shall transmit a copy of each application for a conditional use in the FW Floodway District, the GFP General Floodplain District, the FFO Floodplain Fringe Overlay District, and the SWO Shoreland Wetland Overlay District to the regional office of the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions granting conditional uses in these districts shall be transmitted to the DNR within 10 days of the effective date of such permit.

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the procedures for granting a permit as set forth in this section.

Revocation and expiration of conditional use permits. In any case where a conditional use has not been established within one year after the date of the granting of a conditional use permit, then without further action by the Plan Commission, the conditional use authorization and conditional use permit shall be null and void unless, upon the showing of valid cause by the applicant, the Plan Commission may grant an extension of such conditional use permit for a period not to exceed one year after the date of the Plan Commission's initial granting of the conditional use permit.

[Added 7-16-2002 by Ord. No. 1692(6)]

Enclosed structures in the B-1 District exceeding 80,000 square feet. Any building or use which is a permitted use or a conditional use in the B-1 Neighborhood Business District where the size of an enclosed structure used for the permitted or conditional use is 80,000 square feet or greater shall also meet the requirements in this subsection in order to obtain a conditional use permit. 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.

[Amended 12-18-2007 by Ord. No. 1851(24)]

Except as provided in Subsection A(2), the developer and the owner of the parcel upon which the establishment will be located shall enter a developer's agreement with the City of Burlington which shall be binding upon the developer, the owner, and their mortgagees, land contract vendors, lessees, contractors, agents, officers, employees, personal representatives, guardians, heirs, successors (whether individual, firm, partnership or corporation) and assigns. The developer's agreement shall include, but not be limited to, the following:

A provision that, if the building stands unused for the use for which the original conditional use permit was issued, the developer shall restore the property to a developable condition by either razing the building and restoring the land or remodeling the building for a use permitted or conditionally permitted in the B-1 Neighborhood Business District, obtaining the appropriate permits, and actually using the property for the new use. No new use for warehousing shall be allowed pursuant to this subsection unless it is incidental and accessory to a retail use at the same site.

This provision shall also provide that, if the developer has not razed the building or put the structure to use pursuant to this subsection within four years from the time of cessation of the original use, the Common Council of the City may demand that the developer raze the building and restore the land at the developer's expense, and if the developer fails to do so after such notice by the City, the Common Council of the City may cause the building to be razed and the land to be restored and shall assess the cost against the real estate as a special charge. The City may, as a condition of the conditional use permit, demand a performance bond to ensure fulfillment of this requirement.

The intermittent use of the building for less than 50% of days in the calculation period shall constitute an unused condition for purposes of this subsection, and the burden of establishing periods of use shall be upon the developer.

(b)

A provision that, if the property is within 500 feet of a residential property, the Plan Commission may consider limiting the hours of operation of the business, which limits shall be strictly enforced.

(c)

A provision setting forth a requirement for a noise buffer over and above provisions in § 315-26.

(d)

A provision reciting traffic flow patterns of delivery trucks which shall be strictly enforced.

(e)

A requirement that no outside container storage shall be permitted unless it is screened from neighboring properties, which screening shall be based upon a site plan submitted, reviewed and approved by the Plan Commission prior to issuance of the conditional use permit.

(f)

A requirement for a cash bond or letter of credit, at the developer's discretion, to be maintained permanently or until revision of the terms of the conditional use permit by the Plan Commission, and established initially in the amount of 10% of the costs of the landscaping and stormwater drainage facility installation, as determined by the City Engineer, to maintain landscaping and stormwater drainage facilities, with a provision that the cash bond balance be replenished by the property owner upon notice by the City if the City draws the bond down due to the property owner's failure to perform such maintenance. (The developer's agreement specific provision shall provide for 155% of costs to City per draw, to compensate for overhead).

(g)

A provision for limitation of the type and configuration of signage to be allowed and which limitation may allow lesser signage than would otherwise be allowed under the provisions of Article VII.

(h)

A provision that Plan Commission and Common Council approval of the developer's agreement shall constitute the incorporation of the developer's agreement into the conditional use permit as a condition of such permit and that any violation of the provisions of the developer's agreement shall be a violation of the conditional use permit and shall be enforced by the Zoning Administrator in addition to all other remedies set forth in the developer's agreement or allowed by law.

The conditional use permit set forth herein shall be required for all new construction; for any existing building exceeding 80,000 square feet if that building is expanded or if the present use of the building ceases for more than one year; and for any building which is expanded to over 80,000 square feet. A conditional use permit as set forth herein shall be required for any building, the footprint of which exceeds 80,000 square feet, even when such building contains separate enclosed uses. Realignment of any interior use of the building shall not be considered an expansion of the building.

Standards for transmitting towers; receiving towers; relay and microwave towers without broadcast facilities or studios; and wireless communications towers, antennas, and associated accessory structures and facilities.

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

Applicability.

All new transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios, and communication antennas and communication towers in the City shall be subject to these zoning regulations and all other applicable building and construction codes.

(b)

All transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios, and communication towers existing on March 18, 2003, shall be allowed to continue to be used as they presently exist. Routine maintenance (including modifications to accommodate the collocation of an additional user or users) shall be permitted on such existing towers. New construction, other than routine maintenance and modifications to accommodate collocation on an existing communication tower, shall comply with the requirements of this section.

(c)

For communication antennas, replacement of antennas on a structure with different antennas shall be considered routine maintenance so long as the replacement antenna(s) does not increase the height of any structure other than the communication tower on which it is placed by more than 25 feet and the area (square footage) of the replacement antenna(s) is less than 50% more than the area (square footage) of the antenna that was permitted originally on the structure.

(d)

For purposes of this section, a transmitting tower, receiving tower, relay and microwave tower without broadcast facilities or studios, and communication tower that has received final approval in the form of either a site plan approval or a building permit but has not yet been constructed shall be considered an existing tower so long as such approval is valid and unexpired as of March 18, 2003.

Standards. The following special standards shall apply:

Type of tower. Wireless communications towers shall be a monopole tower. The Plan Commission may consider other tower designs in place of the use of a monopole tower design if the Plan Commission determines that said other tower design is:

More compatible with the architecture of the surrounding neighborhood area.

Not more visually obtrusive than a monopole tower design subject to Subsection B(2)(t)[3] herein.

(b)

Interference with air traffic prohibited. The proposed antenna(s) or antenna structure shall not result in restriction of or interference with air traffic or air travel to or from any existing or proposed airport and must meet the applicable Federal Aviation Administration regulations.

(c)

Interference with radio and television reception prohibited. The proposed antenna or antenna structure shall not result in interference with radio and/or television reception in nearby residential or nonresidential areas based upon the applicable Federal Communications Commission regulations.

(d)

On-site location requirements. The tower shall be located on the site pursuant to the drawings submitted by the applicant as part of the application.

(e)

Maximum height. The tower and antenna support structures shall not exceed a maximum height of 200 feet.

(f)

Towers and antenna structures to be structurally self-supporting. The tower and antenna structures shall be structurally self-supporting without the use of guy wires and shall be designed by a structural professional engineer licensed in the State of Wisconsin.

(g)

Advertising and signage. No form of advertising or signage (other than warning or equipment information signage) shall be allowed on the antenna, antenna structure, base, or framework. This prohibition shall include but not be limited to any flag, pennant, whirling object, banner, inflatable device, or other article attached to a string or line.

(h)

Cable installation. All cable to and from the antenna and/or antenna structure shall be installed underground.

(i)

Applicant and/or owners to allow at least five service providers to use antenna facilities. In the case of wireless communications towers, the applicant shall allow the sharing of the antenna support facilities among five or more service providers through the use of a collocation agreement. The holder of a conditional use permit for an antenna support facility shall not make access to the antenna support facility and site economically unfeasible. If an additional user(s) demonstrates (through an independent arbitrator or other pertinent means) that the holder of a conditional use permit for an antenna support facility and site has made access to such antenna support facility and site economically unfeasible, then the conditional use permit for said facility shall become null and void.

All antenna support facilities shall be designed structurally, electrically, and in all respects to:

[a]

Accommodate both the applicant's antennas and comparable collocated antennas.

[b]

Allow for the future rearrangement of five or more antennas upon the communication structure.

[c]

Accept antennas mounted at varying heights, provided that said heights do not exceed the maximum height approved or the height of the approved communication tower.

No additional antenna towers shall be constructed on the entire property until the subject antenna tower has reached the above-stated minimum total number of collocation users.

[3]

If the applicant is not collocating (sharing space) on the proposed communication tower of another communications provider, the applicant shall provide evidence that it has made diligent but unsuccessful efforts to collocate its antenna and associated equipment on an existing structure or evidence that the applicant has made diligent but unsuccessful efforts to locate the proposed communication tower on suitable government-owned property, prior to any consideration being given to the proposed new site plan and conditional use application.

(j)

Security. The base of the tower and its associated accessory structures shall be fenced and secured so that they are not accessible by the general public. All fencing shall meet the applicable fence requirements of the City.

(k)

Removal of antenna facilities upon abandonment. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Zoning Administrator, based upon documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage.

Upon the Zoning Administrator's determination of such abandonment, the owner/operator of the tower shall have an additional 180 days within which to reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower or dismantle and remove the tower. At the earlier of 180 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any exception and/or variance approval for the tower shall automatically expire.

The property owner shall sign, as a condition of issuance of a conditional use permit, an agreement (subject to the City Attorney's review and approval) and record (with the Racine County or Walworth County Register of Deeds, as applicable) as a deed restriction to remove the communications tower, antenna(s), and associated accessory structure(s) and/or facility(ies) within 180 days of the determination of such abandonment. The City of Burlington may cause such removal to be performed and levy the cost thereof, including direct costs (i.e., contractual costs, personnel and legal expenses) and overhead expenses (to be calculated at 55% of all direct costs), as a special charge against the property. In conjunction with said removal, the City of Burlington shall have full access to both the tower site and all access and/or utility easements associated with said facilities.

(l)

Anchoring. The communications tower shall be securely anchored to the ground.

(m)

Lighting. The communications tower shall not be artificially lighted except to assure human safety unless required by the Federal Aviation Administration or other applicable authority.

(n)

Color. The communications tower shall be left in its galvanized steel color or painted a dull blue or gray finish.

(o)

Outdoor storage. There shall be no outdoor storage of any vehicles, equipment, or other goods permitted in conjunction with communications towers, antennas, and associated accessory structures and facilities. This subsection does not apply to overnight storage of vehicles or equipment necessary for the construction or repair of the communications tower(s), antennas, and associated accessory structures and facilities.

(p)

Maintenance. All communications towers, antennas, and associated accessory structures and facilities shall be maintained in a clean, sanitary, and safe manner and kept free from trash, refuse, and debris. In addition, all communications towers, antennas, and associated accessory structures and facilities shall be maintained in accordance with all applicable local, state, and federal regulations. If the property owner should fail to fulfill the obligation of said maintenance, the City of Burlington may cause such maintenance to be performed and levy the cost thereof, including direct costs (i.e., contractual costs, personnel and legal expenses) and overhead expenses (to be calculated at 55% of all direct costs), as a special charge against the property. In conjunction with the performance of said maintenance, the City of Burlington shall have full access to both the tower site and all access and/or utility easements associated with said facilities.

(q)

Landscape plant material maintenance. All landscape plant materials shall be maintained in a live condition at all times. Any plant materials included in the approved landscape plan that do not survive shall be replaced with plant material(s) of the same or like species of equal size within the next planting season, but in any event within six months of the plant's demise. The property owner shall make said replacement. If the property owner should fail to fulfill the obligation to replace said landscape plant(s) within said period, the City of Burlington may cause such replacement to be performed and levy the cost thereof, including direct costs (i.e., contractual costs, personnel and legal expenses) and overhead expenses (to be calculated at 55% of all direct costs), as a special charge against the property. In conjunction with the performance of said landscape plant replacement, the City of Burlington shall have full access to both the tower site and all access and/or utility easements associated with said facilities.

(r)

Federal Communications Commission (FCC) licensing required. No construction of the communications tower(s), antennas, and/or associated accessory structures and facilities shall be commenced until all applicable FCC licenses have been granted and copies of said FCC licenses have been furnished the City of Burlington.

(s)

Minimum setback requirements. No portion of any wireless communications towers, antennas, and associated accessory structures and facilities shall overhang any property line. There shall be a setback from any adjacent property lines, right-of-way lines, and overhead power lines of sufficient radius around the tower or alternative tower structure (as measured from the extremities of the tower base or alternative tower structure base) equal to the tower height or alternative tower structure height (as applicable and as set forth in the conditional use permit) plus 25 feet so that its collapse will be entirely contained on the property. This standard may be modified to a lesser requirement if the applicant submits written evidence from a structural professional engineer licensed in the State of Wisconsin which indicates that the tower is so designed that the collapse of the tower would require a lesser setback in order to entirely contain its collapse on the property upon which it is placed. All setbacks shall be measured from the base of the tower or alternative tower structure closest to the applicable property line. Tower or alternative tower structure setback requirements may be waived by the City Plan Commission only under the following circumstances as determined by the City Plan Commission:

The communications antennas and associated accessory structures and facilities are proposed to be located on an existing, legally established tower or alternative tower structure, building or accessory structure; and

Overall, the reduced setback enables the further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(t)

Minimum distance of communication towers from residential structures.

Regardless of the zoning district in which a communication tower is located, the tower shall be at least 200 feet from the nearest residential lot line, except that the tower shall be at least 250 feet from the nearest residential lot line of any single-family residence.

Distances shall be measured from the center of the base of the communication tower to the residential lot line.

[3]

Notwithstanding anything to the contrary in this chapter, no communication tower other than a monopole (freestanding) tower shall be located in any location adjacent to a residential lot, except that a communication tower necessary for provision of an essential service by a public utility adjacent to a residential lot is not limited to a monopole if the entity with the authority to approve the site plan determines that a different type of tower is necessary for provision of the essential service.

(u)

Nonconforming communication towers. To the extent set forth herein, the restrictions on nonconforming uses and structures contained in Article VIII are modified and supplemented by this subsection. Legal nonconforming communication towers or antennas that are damaged or destroyed may be rebuilt and all such towers or antennas may be modified or replaced without meeting the minimum distance requirements specified within this § 315-130, provided that the replacement structure will not be placed less of a minimum distance than the original structure. The type, height, and location of the tower on the site shall have no greater impact on the adjacent property than the original facility approval. Building permits to rebuild the tower shall comply with the applicable City codes and shall be obtained within 180 days from the date the tower is damaged or destroyed. If no permit is applied for, or obtained, or if said permit expires, the communication tower shall be deemed abandoned as specified in Subsection B(2)(k) hereinabove.

(v)

Historic Preservation Overlay District. Any application for a communication antenna on or within 250 feet of property designated as Historic Preservation Overlay District shall request a certificate of appropriateness (COA) from the City's Historic Preservation Commission. A denial of a COA may be cause for denial of a conditional use permit.

(w)

Facilities exempt from this subsection. The following wireless communications towers, antennas, and associated accessory structures and facilities are exempt from the provisions of this subsection:

A ground- or building-mounted receive-only radio or television antenna which does not exceed 40 feet in height and which is used solely by the occupants of a dwelling located in a residential zoning district.

§ 315-131.1 Building permits and/or occupancy permits.

A ground- or building-mounted receive-only radio or television satellite dish that does not exceed one meter in diameter in any zoning district.

[3]

A citizens' band radio tower and antenna that does not exceed 40 feet in height.

[4]

A tower and antenna(s) used in the Amateur Radio Service that does not exceed 75 feet in height.

[5]

Microwave dish antennas for private home use.

[6]

Towers, equipment facilities, and antennas that existed prior to the effective date of this subsection (March 18, 2003).

[7]

Governmentally owned and/or operated wireless communications towers, antennas, and associated accessory structures and facilities. However, towers and antennas constructed and maintained in the City of Burlington shall comply with all other applicable local, state, and federal laws.

[8]

Hand-held telecommunications devices, such as cell phones, business-band mobile radios, walkie-talkies, portable radios, cordless telephones, garage door openers, and similar devices.

§ 315-131 Other permits.

[Added 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No. 1808(12)]

The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344, a water use permit pursuant to Chs. 30 and 31, Wis. Stats., or a water quality certification pursuant to Ch. NR 103, Wis. Admin. Code.

[Added 9-20-2011 by Ord. No. 1931(8)]

Right to complete construction pursuant to approved building and/or occupancy permits. Nothing in this section, or any amendment thereto, shall be deemed to require any change in the plans, construction, or designated use of any structure if a building permit (also see § 315-8B) and/or occupancy permit for such structure was lawfully and properly issued before the effective date of this section, or any amendment thereto, and such building permit and/or occupancy permit had not by its own terms expired before such effective date of this section or any amendment thereto.

Building permits. Where a building permit for a building or structure has been issued according to law before the effective date of this section, or any amendment thereto, and if the exterior of the building or structure is completed within 24 months of the issuance of said building permit, said building or structure may:

Be completed according to the approved plans for which the building permit has been issued; and

Upon completion, may be occupied under an occupancy permit by the use for which said building or structure was originally designated, subject thereafter to the provisions of §§ 315-84 through 315-89 of this chapter.

§ 315-132 Fees.

[Amended 10-2-1990 by Ord. No. 1317(25); 11-18-2003 by Ord. No. 1740(20)]

All persons, corporations, firms, limited liability companies or partnerships performing work which by this chapter requires City review shall pay a fee for the permit, review of plans, variance, amendment or other service to help defray the cost of administration, investigation, publication, advertising or processing. The applicable fee shall be in an amount as set by the Common Council.[1] These fees do not include, and are in addition to, the fees established under the City Building Code.[2] or any other provision of this Municipal Code. Services which require the payment of a fee include, but are not limited to:

Zoning permits.

Certificate of compliance permit.

Sign permit.

Fence permit.

Planned Unit Development Overlay District.

Conditional use permit.

Annual quarry operation conditional use permit.

Site plan review.

Application to Zoning Board of Appeals for a variance.

Appeal of Zoning Administrator's decision to Zoning Board of Appeals.

Application for rezoning or other change to this chapter.

Awnings.

Trash receptacle enclosures.

Editor's Note: See Fee Schedule on file at the City Clerk's office.

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

§ 315-133 Double fee.

A double fee may be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

§ 315-134 Enforcement.

[Amended 11-9-2006 by Ord. No. 1808(12)]

It shall be unlawful to use or improve any structure or land or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the Common Council, the Zoning Administrator, the City Plan Commission or any property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(Reserved)[1]

Editor's Note: Former Subsection B, regarding violation of floodplain provisions, was repealed 3-6-2012 by Ord. No. 1943(20).

§ 315-135 Remedial action.

Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the Common Council, the Zoning Administrator, or the City Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.

§ 315-136 Violations and penalties.

[Amended 11-9-2006 by Ord. No. 1808(12)]

Any person, firm, or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, forfeit not less than $10 nor more than $200 and costs of prosecution of each violation and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.

(Reserved)[1]

Editor's Note: Former Subsection B, regarding violation of floodplain provisions, was repealed 3-6-2012 by Ord. No. 1943(20).

§ 315-137 Site plans.

[Added 10-3-1995 by Ord. No. 1509(8)]

General. For the purpose of promoting compatible development and stability of property values, and to prevent impairment or depreciation of property values, no person shall commence any use or erect any structure, with the exception of single-family and two-family dwellings, without first obtaining the approval of the Plan Commission of a detailed site plan(s) as set forth in this section. The Plan Commission shall review the site, natural resource features of the site, site intensity of use, building location, density of dwelling units, floor area, impervious surface area, existing and proposed structures, architectural plans, neighboring uses, potential impacts upon neighboring uses, utilization of landscaping and open space, off-street parking and loading areas, driveway locations, loading and unloading in the case of commercial and industrial uses, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.

Principles and standards of review. The Plan Commission will approve said site plan(s) only after determining that:

Conformity of use to zoning district. The proposed use(s) conforms to the uses permitted as either a permitted use or conditional use (whichever is applicable) in the zoning district.

Dimensional requirements. The dimensional arrangement of buildings and structures conforms to the required area, yard, setback, and height restrictions of this chapter.

Use and design provisions. The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for the specified uses.

Relation to existing and proposed streets and highways. There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic and, in the case of arterial streets and highways not under the jurisdiction of the City of Burlington, that the applicable highway authority (county, state, or federal) has been contacted and the needed permits have been obtained and submitted to the City of Burlington for review.

Impacts on surrounding uses. The proposed on-site buildings, structures, and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate sunlight, design of ingress/egress and interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking, as specified by this chapter or any other codes or laws.

(6)

Natural resource features protection. Natural features of the landscape are retained to enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes, or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood.

(7)

Required landscaping and landscape bufferyards. Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape bufferyards to provide for appropriate screening, fencing, or landscaping as required by this chapter and, where required, a landscape plan meeting the requirements set forth in § 315-138 has also been submitted for Plan Commission review and approval.

(8)

Provision of emergency vehicle accessibility. Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.

(9)

Building location. No building shall be permitted to be sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

(10)

Location and design of loading facilities. No loading facility shall be permitted to be designed or sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of the existing structures on adjoining properties.

(11)

Consistency with the intent of this chapter. The site plan is consistent with the intent and purposes of this chapter, which are to promote the public health, safety, and general welfare; to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to facilitate the implementation of the City of Burlington Master Plan or component thereof; and those other purposes and intents of this chapter.

(12)

Consistency with the intent of the City of Burlington Master Plan. The site plan is consistent with the public goals, objectives, principles, standards, policies, and urban design criteria set forth in the City of Burlington adopted Master Plan or component thereof.

Applications for site plan review. The site plan(s) and related plans and data shall be submitted to the Zoning Administrator, who shall transmit all site plan review applications and their accompanying site plan(s) and related plans and data to the Plan Commission for its review and approval. Eight full-size copies and 20 copies reduced to 11 inches by 17 inches of said site plan shall be submitted with 28 copies of the site plan review application, along with the site plan review fee in the amount as set by the Common Council. Site plan(s) submitted with site plan review applications shall include the following:

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

Scale and name of project. Site plan drawn to a recognized engineering scale with the name of project noted.

Owner's and/or developer's name and address. Owner's and/or developer's name and address noted on the site plan.

Architect's and/or engineer's name and address. Architect's and/or engineer's name and address noted on the site plan.

Date. Date of site plan submittal with all dates of revision noted on the site plan.

§ 315-139 Certificate of appropriateness.

Scale and site size. The scale of drawing and the size of the site (in square feet or acres) noted on the site plan.

(6)

Existing and proposed topography. Existing and proposed topography shown at a contour interval of not more than two feet at National Geodetic Vertical Datum of 1929 (mean sea level). A site grading plan may also be required by the Zoning Administrator and/or Plan Commission.

(7)

Soils data. The characteristics and types of soils related to contemplated specific uses noted on the site plan. Soil borings may be required by the City Engineer, Zoning Administrator and/or Plan Commission.

(8)

Off-street parking spaces, loading, ingress and egress, and driveway locations of adjoining properties. The total number of off-street parking spaces, loading areas, drives, curb cuts, and vehicular ingress and egress locations to the site noted on the site plan. If the proposed development abuts an existing or planned collector or arterial street or highway, as identified on the City of Burlington Master Plan or component thereof, all driveway locations of all adjoining properties within 200 feet of the site shall be graphically indicated and dimensioned (with distances and widths noted) on the site plan.

(9)

Type, size, and location of all structures and signs. The type, size, and location of all structures and signs with all building and sign dimensions noted on the site plan.

(10)

Building height. Height of all buildings, including both principal and accessory, expressed in both feet and stories noted on the site plan.

(11)

Existing and proposed street names. Existing and proposed street names noted on the site plan.

(12)

Existing and proposed public street rights-of-way or reservations. Existing and proposed public street rights-of-way or reservations and widths with existing or proposed center-line elevations, pavement type, fire lanes, walks, curbs, gutters, culverts, etc., noted on the site plan.

(13)

Building and yard setbacks. All building and yard setback lines graphically indicated on the site plan.

(14)

North arrow. North arrow noted on the site plan.

(15)

Proposed sanitary sewers, storm sewers, and water mains. Existing and general location of proposed sanitary sewers, storm sewers (including direction of flow), water mains, and fire hydrants noted on the site plan. All locations for the proposed connections to such utilities shall be indicated on the site plan.

(16)

Proposed stormwater management facilities. Location of any proposed stormwater management facilities, including detention/retention area(s) noted on the site plan. Stormwater calculations which justify the stormwater detention/retention area(s) shall be submitted. Said submission shall indicate how the planned stormwater drainage system meets the requirements of the City's stormwater management plan.

(17)

Natural resource features, SEWRPC delineated environmental corridors, and isolated natural areas. Location of natural resource features (such as woodlands, wetlands, streams, bodies of water, slopes exceeding 10%, one-hundred-year recurrence interval floodplains, etc.), Southeastern Wisconsin Regional Planning Commission (SEWRPC) delineated environmental corridors and/or isolated natural areas present on the site shall be noted on the site plan. Copies of any letters of review or permits granted by applicable federal or state regulatory agencies having jurisdiction over any natural resources shall also be submitted.

(18)

Landscape plan required. Where landscaping is required to be installed on the site, a landscape plan meeting the requirements set forth in § 315-138 of this chapter shall be submitted with the site plan review application for Plan Commission review and approval.

(19)

Density. Density of residential uses and the number of dwelling units by type shall be noted on the site plan.

(20)

Nonresidential uses. Type and amount of ancillary and nonresidential uses in the development shall be noted on the site plan.

(21)

General location and purpose of each building. General location and purpose of each building proposed for the property shall be graphically indicated on the site plan.

(22)

Pedestrian sidewalks and walkways. Location of pedestrian sidewalks and walkways shall be noted on the site plan.

(23)

Development staging/phasing. A graphic outline of any development staging or phasing which is planned shall be noted on the site plan.

(24)

Architectural plans, elevations, and perspective drawings and sketches. Architectural plans, elevations, and perspective drawings and sketches illustrating the design, character, materials, and dimensions of proposed structures shall be noted on the site plan.

(25)

Outdoor lighting data required. Lighting data shall be submitted which indicates the location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site.

(26)

Easements. Location of all existing and proposed easements on the site, including natural resource protection and mitigation area easements, landscape easements, access easements, utility easements, and all other easements, shall be noted on the site plan.

(27)

Highway access. Copies of any letters of review or permits granted by applicable federal, state, or county regulatory agencies having jurisdiction over highway access, if applicable, shall be noted on the site plan.

(28)

Additional data may be required by the City. Additional data as may be required by the Plan Commission, Zoning Administrator, City Planner, or City Engineer to review the site plan shall be noted on the site plan. Such other data may include the preparation and submittal of detailed traffic impact analyses studies performed by a transportation engineer or fiscal impact analyses studies.

Site plan review and findings. The Plan Commission shall review the submitted plans within 30 days following their submittal. The Plan Commission shall render a decision at a subsequent Plan Commission meeting. The Plan Commission shall not approve any site plan(s) or other required plans unless it finds after reviewing the site plan review application and data that the structure or use, as planned, will not violate the intent and purposes of this chapter. The Plan Commission will approve said plans only after determining that the proposed building or buildings 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, and provided that such proposed development meets the various intent and purpose statements set forth in this chapter. Said decision shall be filed with the Zoning Administrator in the form of Plan Commission meeting minutes.

Financial sureties may be required. The Plan Commission may impose time schedules for the completion of buildings, improved off-street parking and loading areas, open space utilization, utilities, and landscaping. The Plan Commission may require appropriate financial sureties as deemed necessary to guarantee that improvements, including improved off-street parking and loading areas, open space areas, utilities, and landscaping, will be completed on schedule.

Limitations on site plan approval and expiration. Except in the case of approved PUD Planned Unit Developments, no site plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit, conditional use permit, or occupancy permit is issued and a use commences within that period.

[Added 9-20-2011 by Ord. No. 1931(8)]

§ 315-138 Landscape plans.

[Added 10-3-1995 by Ord. No. 1509(8); 11-18-2003 by Ord. No. 1740(20)]

A landscape plan shall be prepared on reproducible drafting film, or paper of good quality, at a map scale as appropriate and shall show correctly the following information:

Proposed name. The proposed name of the development.

Location. The location of the proposed development.

Names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer. The names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the designer of the plan.

Date. Date of the landscape plan submittal and all applicable revision dates.

Site boundary. The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.

Landscape bufferyard easements. All proposed landscape bufferyard easements clearly delineated and dimensioned and graphically shown in relation to all proposed lot lines and lots upon which said landscape bufferyard easements are located.

Location, extent, type, and size of existing trees and natural resource features. Location, extent, type (common name and scientific name in the case of plant materials), and size of all existing trees and natural resource features in all areas of the proposed development which are designated as a landscape bufferyard easement area. If any existing vegetation or other natural resource features are to be demolished or mitigated, the extent of such demolition or area to be mitigated shall be properly delineated and so noted on the landscape plan.

Location, extent, type, and size of landscape materials and plantings. Location, extent, type (common name and scientific name in the case of plant materials), and size of proposed landscaping and landscape plantings in all areas of the proposed development which are designated as a landscape bufferyard easement or for areas which are to serve as landscaped entrances or other special landscaped features of the development.

Landscape plant material specifications. All new landscape plant material shall be grown in a nursery located in Plant Hardiness Zone 4 (as defined by the United States Department of Agriculture) and shall conform to the applicable requirements as specified in the current edition of American Standard for Nursery Stock as approved by the American National Standards Institute, Inc., and sponsored by the American Nursery and Landscape Association. Botanical plant names shall be in accordance with the current edition of the New Pronouncing Dictionary of Plant Names prepared by the American Joint Committee on Horticultural Nomenclature. These two above-listed documents shall be maintained as a permanent reference record for the City and shall be made available to property owners as necessary.

Maintenance. Areas of a development designated as landscape easement areas shall be maintained by the property owner and kept free of all debris, rubbish, weeds, and tall grass.

Limitations on landscape plan approval and expiration. Except in the case of approved PUD Planned Unit Developments, no landscape plan approval shall be valid for a period longer than one year unless installation and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit, conditional use permit, or occupancy permit is issued and a use commences within that period.

[Added 9-20-2011 by Ord. No. 1931(8)]

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

Applications for a certificate of appropriateness for alterations in the architectural appearance of any structure within an HPO Historic Preservation Overlay District shall include the following (also see the provisions set forth in § 315-42 and Article XI of this chapter):

Architectural plans, elevations, photographs, color samples, and/or perspective drawings. Architectural plans, elevations, and/or perspective drawings and sketches illustrating the design and character of all proposed alterations (except painting) shall be submitted. A color building elevation or perspective rendering of the exterior of the proposed building(s) shall be required for review by the Historic Preservation Commission for all types of alterations except painting. Said elevations and perspective drawings, when required, 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 detail drawn on each elevation. Plans drawn with partial building details indicated will be returned to the applicant for redrafting. For alterations consisting of painting only, color samples and photographs shall be submitted indicating the areas to be painted.

Name and address. Name and address of the applicant.

Owner/developer. Owner's and/or developer's name and address.

Architect/engineer. Architect's and/or engineer's name and address.

Date. Date of submittal of plans.

Scale. Scale of drawings noted on each drawing.

Building type, size, and location. The type, size, and location of all structures with all building dimensions shown.

Height. The height of building(s).

Exterior materials samples to be provided. Samples of exterior materials and their colors.

Additional information may be required. Additional information and data that may be required by the City Administrator, City Planner, City Engineer, Historic Preservation Commission or the Common Council may include, but not be limited to, the following upon request:

[Amended 12-7-2004 by Ord. No. 1762(14)]

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

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