THIS ORDINANCE WAS NOT ADOPTED

Ordinance: 1821(25)
Introduced by: Committee of the Whole

WHEREAS, the City of Burlington has adopted a Zoning Ordinance to regulate land uses within the City; and,

WHEREAS, the Zoning Ordinance is amended from time to time to adapt to a changing environment, land use demands including those of automotive sales and service uses, and to promote the mitigation of potential harmful effects of certain land uses and accessory uses thereto; and,

WHEREAS, it is the recommendation of the Plan Commission to modify the M-1 Light Manufacturing District by providing for automotive sales and service uses in order to address the City of Burlington's expanding need to provide such use opportunities in the City and outside of the typical retail sales and service zoning classifications; and

WHEREAS, the Common Council has determined that the provision of these additional uses in the M-1 Light Manufacturing District of the Zoning Ordinance are necessary in order to protect the health, safety, and welfare of the public in order to achieve the purpose and intent of the City Zoning Ordinance 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. "(22) Automotive Sales and Service Uses" is hereby added as a "Conditional Use" in the "M-1 Light Manufacturing District."

Part II. Plan Commission Recommendation. The Plan Commission recommended to the Common Council to reject 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 IV. 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 December 19, 2006.

Part V. 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 _________________ ___, 2006.

Part VI. 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 VII. 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 __________ day of _____________, 2006.

_______________________________
Claude Lois, Mayor                

Attest:__________________________
               Beverly R. Gill, City Clerk