|
Ordinance No.: 1817(21)
Introduced by: Committee of the Whole
AN ORDINANCE AMENDING SECTION
315-26M "PROHIBITION OF
LONG-TERM TRUCK PARKING UNLESS SCREENED FROM VIEW"
IN THE B-1 NEIGHBORHOOD BUSINESS DISTRICT
OF CHAPTER 315 "ZONING" OF THE CITY OF BURLINGTON
MUNICIPAL CODE
WHEREAS, the City of Burlington has adopted
Chapter 315 "Zoning" of the City of Burlington Municipal
Code to regulate land uses within the City; and,
WHEREAS, Chapter 315 "Zoning" of the City of
Burlington Municipal Code is amended from time to time
to adapt to a changing environment, updated
technologies, and land use demands including those of
commercial business land uses which are integral to the
urban fabric of the City; and,
WHEREAS, it is the recommendation of the Plan
Commission to amend Section 315-26M "Prohibition of
Long-Term Truck Parking Unless Screened from View" in
the B-1 Neighborhood Business District of Chapter 315
"Zoning" of the City of Burlington Municipal Code in
order to address the City of Burlington's need to reduce
the number of nonconforming uses in the B-1 Neighborhood
Business District as well as provide for continued
commercial use opportunities in the City; and
WHEREAS, the Common Council has determined that
the provision of this amendment regarding the
prohibition of long-term truck parking unless screened
from view is necessary in order to protect the health,
safety, and welfare of the public in order to achieve
the purpose and intent of Chapter 315 "Zoning" of the
City of Burlington Municipal Code as set forth in
Sections 315-3 "Purpose" and 315-4 "Intent" of Chapter
315 "Zoning" of the City of Burlington Municipal Code;
and
NOW THEREFORE BE IT RESOLVED that the Common
Council of the City of Burlington does hereby ordain as
follows:
Part I. Section 315-26M "Prohibition of Long-Term
Truck Parking Unless Screened from View" in the B-1
Neighborhood Business District of Chapter 315 "Zoning"
of the City of Burlington Municipal Code is hereby
amended as follows:
| M. |
Prohibition
of long-term truck parking unless screened
from view. [Added 6-5-2001 by Ord. No.
1657(5)] |
| (1) |
Unless the
property is zoned and used for motel and/or
hotel purposes with ten (10) or more lodging
rooms no truck, trailer, or commercial
vehicle of any kind shall be permitted to be
parked on the property for a period of more
than 24 hours unless said vehicle is
temporarily present for the purpose of
loading or unloading. No truck, trailer, or
commercial vehicle shall be parked for a
period greater than 24 continuous hours
except within screened enclosures unless the
property is zoned and used for motel and/or
hotel purposes with ten (10) or more lodging
rooms. |
| (2) |
Trucks,
trailers, or commercial vehicles of any kind
shall be permitted to be parked on the
property for a period of more than 24
continuous hours if said trucks, trailers,
or commercial vehicles are located within
areas screened from view of any public
street right-of-way, public park or public
open space area and from the view from all
residential zoning districts. The screening
of all such areas in the B-1 District shall
consist of the following: |
| (a) |
Solid walls or solid fences
of at least the height of the trucks,
trailers, or commercial vehicles proposed to
be screened as approved by the Plan
Commission. In addition, all such areas
shall provide a contiguous landscaped area
meeting the minimum requirements of a
bufferyard intensity factor of two as set
forth in Table 9 of this chapter. Editor's
Note: Table 9 is included at the end of this
chapter. |
| (b) |
Walls, fencing, and
landscaping for screening shall be
maintained in good condition and kept
litter-free. |
Part II. Plan Commission
Recommendation. The Plan Commission recommended
to the Common Council the adoption of this proposed
amendment to Chapter 315 "Zoning" of the City of
Burlington Municipal Code at its meeting held on
December 12, 2006.
Part III. Public Hearings.
The Common Council of the City of Burlington held a
public hearing on this proposed amendment to Chapter 315
"Zoning" of the City of Burlington Municipal Code
pursuant to the requirements of Section 62.23(7) of the
Wisconsin Statutes and Article XII of Chapter 315
"Zoning" of the City of Burlington Municipal Code on
November 21, 2006.
Part IV. Common Council Approval.
The Common Council of the City of Burlington
concurred with the recommendations of the Plan
Commission and proceeded to adopt this proposed
amendment to Chapter 315 "Zoning" of the City of
Burlington Municipal Code at its meeting held on January
16, 2007.
Part V. Severability. If
any provision of this Ordinance is found invalid or
unconstitutional, such invalidity or unconstitutionality
shall not affect the other provisions of this Ordinance.
Part VI. Effective Date.
This Ordinance shall take effect upon passage and
adoption by the Common Council and the filing of proof
of posting or publication in the Office of the City
Clerk. Approved by the Common Council of the City of
Burlington this 16th day of January, 2007.
| Date of Posting: |
October 31, 2006 |
Dates of Public Hearing
Notice Publication: |
November 2, 2006
November 9, 2006 |
|
Introduced:
Adopted:
|
December 19, 2006
January 16, 2007 |
_______________________________
Claude Lois, Mayor
Attest:__________________________
Beverly R. Gill, City Clerk
|
