[Amended 11-9-2006 by Ord. No. 1808(12)]
A.
The City Plan Commission shall have the duties of
making reports and recommendations relating to the plan and development
of the City to public officials, agencies, public utility companies,
civic, educational, professional, and other organizations, and citizens.
The Commission, its members and employees, in the performance of its
functions, may enter upon land and make examinations and surveys.
In general, the Plan Commission shall have such powers as may be necessary
to enable it to perform its function and promote municipal planning.
The City Building Inspector is hereby designated
as the administrative and enforcement officer for the provisions of
this chapter. The duty of the Zoning Administrator shall be to interpret
and administer this chapter and to issue, after on-site inspection,
all permits required by this chapter. The Zoning Administrator shall
further:
A.
Maintain records of all permits issued and inspections
made.
B.
Administer floodplain provisions in accordance with Chapter 119, § 119-7.1.
[Amended 11-9-2006 by Ord. No. 1808(12); 3-6-2012 by Ord. No. 1943(20)]
D.
Inspect all structures, lands, and waters as often
as necessary to assure compliance with this chapter.
E.
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.
F.
Assist the City Attorney in the prosecution of ordinance
violations.
G.
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.
H.
Prohibit the use or erection of any structure, land,
or water until he has inspected and approved such use or erection.
I.
Request assistance and cooperation from the City Police
Department and City Attorney as deemed necessary.
J.
Recommend to the City Common Council and Plan Commission
any additional regulations deemed necessary.
[Added 4-6-1994 by Ord. No. 1467(40)]
K.
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)]
A.
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:
(1)
Names and addresses of the applicant, owner of the
site, architect, professional engineer, and contractor.
(2)
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.
(3)
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.
(4)
Additional information as may be required by the City
Plan Commission or City Zoning Administrator.
B.
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)]
[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.
A.
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)]
B.
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.
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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(5)
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.
[Amended 7-16-2002 by Ord. No. 1692(6)]
B.
Review and approval.
(1)
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.
(2)
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.
[Added 5-6-2003 by Ord. No. 1721(1)]
(3)
Standards for review and approval in floodplain areas.
[Added 11-9-2006 by Ord. No. 1808(12);
amended 3-6-2012 by Ord. No. 1943(20)]
C.
Hearings. The City Plan Commission shall fix a reasonable
time and place for the hearing, publish a Class 2 notice thereof and
shall give due notice to the parties in interest and Zoning Administrator.
At the hearing the applicant may appear in person, by agent, or by
attorney.
D.
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.
[Amended 4-6-1994 by Ord. No. 1467(40); 11-9-2006 by Ord. No. 1808(12)]
E.
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.
[Added 7-3-1990 by Ord. No. 1306(8)]
F.
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 9-20-2011 by Ord. No. 1931(8)]
[Added 7-16-2002 by Ord. No. 1692(6)]
A.
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)]
(1)
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)
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.
[1]
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.
[2]
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.
(2)
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.
B.
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)]
(1)
Applicability.
(a)
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.
(2)
Standards. The following special standards shall
apply:
(a)
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:
[1]
More compatible with the architecture
of the surrounding neighborhood area.
[2]
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.
[1]
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.
[2]
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.
[1]
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.
[2]
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:
[1]
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
[2]
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.
[1]
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.
[2]
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:
[1]
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.
[2]
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.
[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)]
A.
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.
B.
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:
(1)
Be completed according to the approved plans for which the building
permit has been issued; and
[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:
A.
Zoning permits.
B.
Certificate of compliance permit.
C.
Sign permit.
D.
Fence permit.
E.
Planned Unit Development Overlay District.
F.
Conditional use permit.
G.
Annual quarry operation conditional use permit.
H.
Site plan review.
I.
Application to Zoning Board of Appeals for a variance.
J.
Appeal of Zoning Administrator's decision to Zoning
Board of Appeals.
K.
Application for rezoning or other change to this chapter.
L.
Awnings.
M.
Trash receptacle enclosures.
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.
[Amended 11-9-2006 by Ord. No. 1808(12)]
A.
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.
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.
[Amended 11-9-2006 by Ord. No. 1808(12)]
A.
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.
[Added 10-3-1995 by Ord. No. 1509(8)]
A.
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.
B.
Principles and standards of review. The Plan Commission
will approve said site plan(s) only after determining that:
(1)
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.
(2)
Dimensional requirements. The dimensional arrangement
of buildings and structures conforms to the required area, yard, setback,
and height restrictions of this chapter.
(3)
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.
(4)
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.
(5)
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.
C.
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)]
(1)
Scale and name of project. Site plan drawn to a recognized
engineering scale with the name of project noted.
(2)
Owner's and/or developer's name and address. Owner's
and/or developer's name and address noted on the site plan.
(3)
Architect's and/or engineer's name and address. Architect's
and/or engineer's name and address noted on the site plan.
(4)
Date. Date of site plan submittal with all dates of
revision noted on the site plan.
(5)
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.
D.
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.
E.
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.
F.
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)]
[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:
A.
Proposed name. The proposed name of the development.
B.
Location. The location of the proposed development.
C.
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.
D.
Date. Date of the landscape plan submittal and all
applicable revision dates.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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):
A.
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.
B.
Name and address. Name and address of the applicant.
C.
Owner/developer. Owner's and/or developer's name and
address.
D.
Architect/engineer. Architect's and/or engineer's
name and address.
E.
Date. Date of submittal of plans.
F.
Scale. Scale of drawings noted on each drawing.
G.
Building type, size, and location. The type, size,
and location of all structures with all building dimensions shown.
H.
Height. The height of building(s).
I.
Exterior materials samples to be provided. Samples
of exterior materials and their colors.
J.
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)]
