Burlington City Zoning Code
ARTICLE IV
Temporary Uses
§ 315-44 Zoning permit required; procedure.
A.
General standards. No zoning permit for a temporary use shall be granted by the Zoning Administrator pursuant to this chapter unless the applicant shall establish the following:
(1)
Chapter purposes and intent. The proposed use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established.
(2)
Adverse impact. The proposed use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and will not substantially diminish and impair property values within the community or neighborhood.
(3)
Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property according to the applicable zoning district regulations.
(4)
Adequate facilities. The proposed use will be served adequately by streets, off-street or on-street parking, police and fire protection, refuse disposal, and other public facilities or the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site.
(5)
Traffic congestion. The proposed use will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
(6)
Destruction of significant features. The proposed temporary use will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(7)
Compliance with standards. The temporary use shall, in all other respects, conform to the applicable dimensional regulations of the district in which it is located. The proposed use shall comply with all additional standards imposed on it by the particular provision of this chapter.
B.
Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Administrator shall consider the following:
(1)
Public benefit. Whether and to what extent the proposed temporary use at the particular location requested is necessary or desirable to provide a service that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(2)
Alternative locations. Whether and to what extent such public benefit goals can be met by the location of the proposed temporary use at another site or in another area that may be more appropriate than the proposed site.
(3)
Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use on the immediate vicinity through site design and screening.
C.
Conditions on zoning permit for a temporary use. The Zoning Administrator may impose such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or county requirements), and other matters relating to the purposes and objectives of this chapter upon the premises benefited by the issuance of a zoning permit for a temporary use as the Zoning Administrator deems may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property and upon public facilities and services, to protect the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the zoning permit for a temporary use. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the zoning permit for a temporary use.
D.
Effect of issuance of a zoning permit for a temporary use. The grant of a zoning permit for a temporary use shall not authorize the establishment or extension of any such use as a permanent use nor the development, construction, reconstruction, alteration, or moving of any building or structure but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances of the City of Burlington, including but not limited to a building permit, zoning permit, occupancy permit, land division approval, site plan approval, or other type of permit or approval.
E.
Limitations on zoning permit for a temporary use.
(1)
Time limitations. Subject to an extension of time granted by the Zoning Administrator, no zoning permit for a temporary use shall be valid for a period longer than 30 days in any one calendar year.
(2)
Temporary use discontinuance. A zoning permit for a temporary use shall be deemed to authorize only the particular temporary use for which it was issued. Such zoning permits for a temporary use shall automatically expire and cease to be of any force or effect if such use shall be discontinued.
F.
Amendments to zoning permit for a temporary use. A zoning permit for a temporary use may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for the original approval of a temporary use.
G.
Review of zoning permit for a temporary use. An existing zoning permit for a temporary use may be reviewed by the City as follows:
(1)
The Zoning Administrator may review a zoning permit for a temporary use if any of the following determinations are made by the Zoning Administrator:
(a)
The temporary use has not continued in conformity with the City's conditions of approval of the zoning permit for a temporary use or with any subsequent amendments to the zoning permit for a temporary use.
(b)
Violations of other statutes, ordinances, or laws.
(c)
A change in the character of the surrounding area or in the temporary use itself which has caused the temporary use to become incompatible with the surrounding uses.
(2)
The determination of a review of a granted zoning permit for a temporary use shall be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the zoning permit for a temporary use as to the reason(s) for the review.
(3)
Upon review of the zoning permit for a temporary use, the Zoning Administrator may take no action, revise the zoning permit for a temporary use, specify additional conditions to be added to the zoning permit for a temporary use, or may terminate the zoning permit for a temporary use.
§ 315-45 Detailed standards for specific temporary uses.
A.
Amusement parks (temporary). The following standards shall apply to all temporary amusement parks:
(1)
Contiguity with arterial or collector street required. All temporary amusement parks shall be located contiguous to an arterial or collector street.
(2)
Parking. All parking shall be on site.
(3)
Trash and debris. All trash and debris shall be removed or contained daily.
(4)
Written consent may be required. Written consent from the owner, or authorized agent, of the property shall be provided if required by the Zoning Administrator.
(6)
Removal of materials and equipment. All materials and equipment shall be removed within three days of the end of the operation.
B.
Seasonal sales lot. The following specific standards shall be used:
(1)
Location. Material for sale (such as trees, pumpkins, etc.) shall not be located in any right-of-way.
(2)
Visibility. The location of materials for sale on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.
(3)
Hours of operation. The sales shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.
(4)
Trash and debris. All trash and debris shall be removed or contained daily.
(5)
Written consent may be required. Written consent from the owner, or authorized agent, of the property shall be provided if required by the Zoning Administrator.
(7)
Removal of materials. All materials shall be removed within 48 hours of the end of the operation.
C.
Construction trailers as temporary offices.
(1)
Removal of trailer required upon completion of work. A licensed contractor engaged upon a construction project for which a building permit has been issued by the Building Inspector may temporarily use a construction trailer for office facilities in the location where the work is being done, provided that such construction trailer shall:
(a)
Not be placed upon the public streets but upon the property on which the building permit authorizes the construction.
(b)
Not be placed more than 15 days prior to the commencement of the work for which the building permit has been issued.
(c)
Be removed within 15 days after completion of the work for which the building permit has been issued.
(2)
Use of mobile homes or modular homes as temporary offices during new construction or remodeling. A zoning permit may be issued for a one-year period for mobile homes or modular homes as temporary offices while business properties are being constructed or remodeled, if they are placed upon the property for which there is a building permit issued by the Building Inspector for the construction or remodeling.
(3)
Notwithstanding the foregoing thirty-day time limitation on temporary uses as set forth in § 315-44E(1) of this chapter, the zoning permit for this use shall be for one year or until the new construction or remodeling is completed, whichever is the shorter period.
D.
Dumpsters for trash and garbage required for construction sites.
(1)
No building permit to be issued. No building permit shall be issued to construct any new building in any zoning district or for any other construction as required by the Building Inspector or Zoning Administrator unless the applicant shows to the satisfaction of the Building Inspector that the applicant will provide and maintain on each construction site a dumpster with appropriate capacity. The dumpster shall be packed in such a way as to eliminate the possibility of its contents blowing about the construction site or onto neighboring properties. The dumpster shall be placed on the property before commencing the framing of the new structure. A fenced area for the temporary storage of recyclable materials shall be provided on site.
(2)
Failure to comply. Failure to comply with obtaining, utilizing, emptying, and maintaining a dumpster for construction debris shall, after notification to the builder by the Zoning Administrator or Building Inspector and the lapsing of a grace period of 48 hours, necessitate the issuance of citations to the builder in the matter. The Building Inspector may also authorize, obtain, and maintain dumpsters on construction sites pursuant to the procedures in § 66.0627, Wis. Stats., as amended. Pursuant to § 66.0627, Wis. Stats., as amended, the City can provide reasonable notice and a hearing before the Common Council about whether this Subsection D has been violated. If the Common Council finds that this Subsection D has been violated, the Zoning Administrator or Building Inspector may order a dumpster to be obtained and maintained on the construction site, with the cost charged to the property owner benefited thereby, due and payable within 30 days of being billed therefor and placed as a special charge and a lien against the property.[3]
E.
Garage and yard sales. Garage, lawn, porch, yard, rummage, backyard, tag, patio, and apartment sales are specifically permitted, as a temporary use, in all residential zoning districts without a zoning permit. Such sales shall be limited to three such sales every year for a duration not to exceed three consecutive days. All other rules and regulations are contained in § 254-4 of the Burlington Municipal Code.
F.
Model homes, model dwelling units, and preconstruction sales offices. Model homes, model dwelling units, and preconstruction sales offices used exclusively for sales are residential-type structures used as sales offices by a builder/developer and to display the builder/developer's product. The same may be furnished within, since its purpose is to display to prospective buyers the builder/developer's features (such as exterior siding treatments, roofing materials, interior trim, moldings, floor coverings, etc.) in the environment of a completed home, and may be staffed by the builder/developer's sales force. Model homes, model dwelling units, and preconstruction sales offices shall be subject to the following restrictions:
(1)
District dimensional requirements to be met. The model dwelling unit shall meet all district requirements for lot and yard dimensions.
(2)
Sign illumination. Signs shall not be illuminated after 9:00 p.m.
(3)
Business activity not permitted before 8:00 a.m. or after 9:00 p.m. The model dwelling unit shall not be used for any business activity before 8:00 a.m. or later than 9:00 p.m.
(4)
Off-street parking. All model homes shall provide off-street, paved parking for the public. Such off-street, paved parking shall be located as directed by the Zoning Administrator. The number of required off-street parking spaces shall be four per model home.
(5)
Screening and trash receptacles. Landscape drawings shall be required and show adequate landscaping and screening from adjoining residential lots, with the clear marking of the boundaries of the model home lot. Trash receptacles shall be provided around the model home for use by the public.
(6)
Termination of use. The use of a dwelling unit as a model home within a residential subdivision, or within any single phase of a multi-phase subdivision, shall terminate when building permits have been issued for 90% of the lots therein.
(7)
Model dwelling unit constructed in nonresidential zoning districts. Model dwelling units may be erected or displayed in districts that exclude residential uses, if such models shall not be used for residential purposes but only for display as a means to sell homes in districts in which they are permitted and if all other requirements of the district in which the model dwelling unit is erected shall be met.
(8)
Temporary sales structure in multiple-family developments. In those zoning districts where multifamily dwelling uses are permitted, a temporary structure may be used as a preconstruction sales office for displaying a typical dwelling unit arrangement, subject to the following restrictions:
(a)
The structure shall be limited to two stories in height.
(b)
The structure shall be appropriately landscaped.
(c)
The structure shall be subject to the same front yard requirements as the principal structure to be erected and shall otherwise be subject to all yard requirements for the district in which located.
(d)
Adequate off-street parking facilities (a minimum of six spaces) and access driveways shall be developed within those locations approved for such facilities in conjunction with the permanent multiple-family structure, and no additional parking areas or access driveways shall be permitted.
(e)
Signs shall be permitted only according to the regulations set forth for the use within the district and according to this chapter.
(g)
The structure shall be completely and totally removed within six months from the date of the issuance of a building permit or upon the completion of the permanent residential dwelling structure, whichever date is later.
(h)
If the structure should not be removed or demolished by the owner or other parties in interest within the terms of this Subsection F, the City of Burlington, to the extent permitted by law, acting through its Building Inspector, is authorized to vacate, demolish, or remove, either with City personnel or by independent contractor submitting the lowest and best bid, any such building or structure. The City of Burlington shall assess the entire costs of such vacation, demolition, or removal against the owner or other parties in interest.[5]
(i)
Signs shall not be illuminated after 9:00 p.m.
G.
Temporary concrete batch plants or asphalt or asphalt reprocessing plants (including materials processing and handling) and temporary stone crushers. The following specific standards shall be used:
(1)
Routing plan required. The contractor shall submit a routing plan for trucks to and from the proposed plant to the City Administrator for review and recommendations as a condition before approval.
(2)
Financial assurance required for potential damage to roads. The contractor shall provide a financial assurance in the amount requested by the City Administrator to pay for correcting any damage done to City or county roads during said facility's operation and for the planned restoration of the site.
(3)
Access. Such facilities shall only be allowed access via arterial or collector roads or highways. Access via dedicated existing local residential roads and/or collector roads serving residential areas shall be prohibited.
(4)
Restoration plan. A restoration plan shall be provided the City for review and approval of the City Administrator.
(5)
When allowed. Such facilities shall be erected only in conjunction with City, county, or state/federal highway or road improvements.
(6)
Maximum period of use. The allowable period of such use shall be during such roadway or highway work, with a maximum of an eight-month period.
(7)
General location. Such facilities shall be located not less than 200 feet from any occupied building, except an associated accessory construction trailer/office that may be located on the same site.
(8)
Outside sales prohibited. No outside sales of batch plant materials shall be permitted. The sale of crushed stone shall not be permitted.
(9)
Site plan of operation and facilities required. Such facilities will be shown on a site plan and be contained within a maximum five-acre area.
(10)
Location of stone crushers. Stone crushers shall be located not less than 1,000 feet from any building used for residential purposes.
(11)
Prevention of dust, fumes, vapors, mists, or gas nuisances. The prevention of any dust, fumes, vapors, mists, or gas nuisances due to operations shall be maintained at all times according to established City, county, state, and federal air pollution standards.
H.
Temporary roadside stands for the sale of agricultural products. The following specific standards shall be used:
(1)
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Racine or Walworth County, and/or the City of Burlington.[6]
(2)
Sales or display prohibited on public land. No sales or display activity shall be located on public land or any public right-of-way.
(3)
Location. The use shall be located on a commercially productive farm or within a nonresidential zoning district.
I.
Temporary outdoor sales. The following specific standards shall be used:
(1)
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority, including the Wisconsin Department of Transportation, Racine or Walworth County, and/or the City of Burlington.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(2)
Sales or display prohibited on public land. No sales or display activity shall be located on public land or any public right-of-way without permission of the Park Board and/or Common Council.
(3)
Location. The use shall be located on a lot within a nonresidential zoning district.
(4)
Visibility. The location of materials for sale on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.
(5)
Trash and debris. All trash and debris shall be removed or contained daily.
(6)
Written consent may be required. Written consent from the owner, or authorized agent, of the property shall be provided if required by the Zoning Administrator.
(8)
Removal of materials. All materials shall be removed within three days of the end of the operation.