Burlington City Zoning Code
ARTICLE V
Traffic, Loading, Parking, Access, Fences and Landscaping
§ 315-46 Traffic visibility.
[Amended 8-20-2002 by Ord. No. 1698(12)]
In order to provide adequate vision clearance, no obstructions (such as structures, signs, uses, parking, or vegetation) shall be permitted in the required triangular vision clearance space as follows:
A.
In the I-1, M-1, M-2, M-3, M-4, P-1, Q-1, Rm-1, Rm-2, Rm-3 and Rm-4 Zoning Districts only, within the triangular vision clearance space located between the heights of 2.5 feet and 10 feet above the plane through the mean edge of pavement grades and formed by:
(1)
Any two existing or proposed intersecting public street or public alley right-of-way lines and a line joining the two points on such lines located a minimum of 30 feet from their intersection or as determined by using the standards set forth under the latest edition of the sight distance portion of Chapter IX of the American Association of State Highway and Transportation Officials (AASHTO) publication titled "A Policy on Geometric Design of Highways and Streets," whichever is greater, as determined by the review of the City Engineer.
(2)
Any existing or proposed intersection of a private drive with either a public street right-of-way line or public alley right-of-way line and a line joining the two points on such lines located a minimum of 30 feet from their intersection or as determined by using the standards set forth under the latest edition of the sight distance portion of Chapter IX of the American Association of State Highway and Transportation Officials (AASHTO) publication titled "A Policy on Geometric Design of Highways and Streets," whichever is greater, as determined by the review of the City Engineer.
B.
In the B-1 and B-3 Zoning Districts only, within the triangular vision clearance space located between the heights of 2.5 feet and 10 feet above the plane through the mean edge of pavement grades and formed by any existing or proposed private drives and/or arterial and/or collector streets intersecting with other arterial and/or collector streets, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 60 feet from the intersecting private drive and/or arterial and/or collector street right-of-way lines and a line joining the two points on such lines or as determined by using the standards set forth under the latest edition of the sight distance portion of Chapter IX of the American Association of State Highway and Transportation Officials (AASHTO) publication titled "A Policy on Geometric Design of Highways and Streets," whichever is greater, as determined by the review of the City Engineer.
[Amended 11-9-2006 by Ord. No. 1812(16)]
§ 315-47 Loading requirements.
On every lot on which a business, trade, or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way:
A.
Businesses: one space of at least 10 feet by 25 feet for each 3,000 square feet of retail floor area or part thereof.
B.
Wholesale and industrial: one space of at least 10 feet by 50 feet for each 10,000 square feet of floor area or part thereof.
C.
Bus and truck terminals: sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any one time.
§ 315-48 Parking requirements.
[Amended 10-1-1991 by Ord. No. 1352(22); 2-4-1992 by Ord. No. 1373(42); 10-3-1995 by Ord. No. 1510(7); 11-18-2003 by Ord. No. 1740(20); 7-18-2023 by Ord. No. 2097(3)]
In all districts, except the B-2 Central Business District and the I-1 Institutional District, and in connection with every use there shall be provided, at the time any use or building is erected, enlarged, extended, structurally altered, or increased, off-street parking stalls for all vehicles in accordance with the following:
A.
B.
Minimum parking space size. The size of each parking space shall be not less than 162 square feet nor less than nine feet in width, exclusive of the space required for ingress and egress.
C.
Location of off-street parking area. Any building hereafter erected or expanded where the total floor area is increased more than 10% shall be provided with the required off-street parking spaces within the property line limits of the property being served or within the limits of a common parking lot serving one or more buildings.
D.
Minimum required parking lot setbacks, landscaping, and plans.
(1)
Minimum required setback for off-street parking areas abutting a public street right-of-way line. No off-street parking area shall be closer than eight feet to a public street right-of-way line. The area between the parking lot and the adjacent street right-of-way shall consist of landscaping meeting the requirements of this chapter.
(2)
Minimum required setbacks for off-street parking areas. Except in cases where greater restrictions apply, as set forth in Subsection D(3) below, no off-street parking area or associated driveway serving more than five vehicles shall be closer than eight feet to a side or rear lot line of an abutting lot or parcel. The area between the parking lot and the lot or parcel line shall consist of landscaping meeting the requirements of this chapter.
(3)
Minimum required setbacks for off-street parking areas abutting residential districts. No off-street parking area or associated driveway serving more than five vehicles shall be closer than 10 feet to a side or rear lot line of an abutting residential district. The area between the parking lot and the lot or parcel line shall be screened from such district by a solid wall, solid fence and/or a landscaped area at least five feet in depth comprised of coniferous plantings and ground cover of an equivalent solid visual density or other effective means deemed adequate by the Plan Commission and shall be built and maintained at a minimum height of six feet.
(4)
Minimum distance of truck parking from any residential zoning district. No truck parking of Class 7 trucks (26,001 to 33,000 pounds gross vehicle weight) or greater shall be allowed within 150 feet of any residential zoning district.
(5)
Minimum required landscaped area and landscaping within off-street parking lots. All public off- street parking areas which serve 10 vehicles or more and are created, redesigned and/or rebuilt subsequent to the adoption of this chapter shall be improved with landscaping to be installed and maintained in accordance with the following provisions:
(a)
Interior landscaping area.
[1]
The following percentage of the interior portion of all off-street parking areas shall be improved with landscaping:
Size of Off-Street Parking Area (square feet) | Percentage Required for Interior Landscaping |
|---|---|
2,999 or less | 0% |
3,000 to 4,999 | 5% |
5,000 to 29,999 | 8% |
30,000 or greater | 10% |
[2]
The required interior landscaping may include i) areas dedicated to tree planting islands, and ii) those portions of the lot that are not dedicated to required perimeter landscaping and that are located no farther than five feet from the off-street parking area.
(b)
Tree planting islands. Tree planting islands shall be installed and maintained within all rows of 10 or more parking stalls, in accordance with the following provisions:
[1]
No two tree planting islands shall be separated by more than 10 parking stalls.
[2]
Tree planting islands shall be of a size not less than 162 square feet, and of a minimum width of nine feet, measured from front of curb to front of curb.
[3]
One shade tree with a minimum trunk size of three caliper inches shall be installed in a tree planting island for each 162 square feet of the tree planting island. The remaining area of tree planting islands shall consist of grass or other living pervious ground cover.
(c)
One shade tree shall be provided for each 162 square feet of landscape island. A minimum of 50% of every landscape island shall be planted with live plant material, such as shrubs, ground cover or turf grass to a maximum height of 30 inches at maturity. The remaining area of the landscape island shall be covered with an organic mulch. The preservation of existing canopy trees in the parking area may be included in the calculation of the required minimum landscape area.
(6)
Minimum landscaping requirements to be met. All landscape plant materials required by this chapter shall meet the following minimum requirements:
(b)
Minimum size standards for required plant materials. All required new landscape plant material shall be, at the time of installation, those minimum sizes as set forth in the following table:
Plant Material Type | Minimum Required Size of Plants |
|---|---|
Canopy trees | |
Single stem | 3-inch caliper |
Multi-stem clump | 12 feet tall |
Coniferous trees | 6 feet tall |
Understory trees | 1.5-inch caliper |
Shrubs | 2 feet tall |
(7)
Location in required setbacks or yards. Plantings required pursuant to this section shall be permitted in any required setback or yard.
E.
Off-street parking area surfacing.
(1)
All open, off-street parking and loading spaces in all zoning districts except the A-1, Rs-1, Rs- 2, Rs-3, Rd-1 and Rd-2 Districts shall be improved with pavement of either asphalt or concrete. Stormwater drainage facilities shall be as required and approved by the City Engineer.
(4)
The provisions of Article VIII of this chapter shall not permit the continuing lawful nonconforming use of the parcel or portion of a parcel of land not in conformity with the requirements of this Subsection E after the expiration of the four months following notification to correct by the Zoning Administrator.
F.
Concrete curb and gutter required for all off-street parking areas and associated drives. Concrete curb and gutter meeting City specifications shall be required for all off-street parking areas serving more than 10 vehicles in all zoning districts except the A-1, Rs-1, Rs-2, Rs-3, Rd-1 and Rd-2 Districts. This requirement shall also apply to the expansion of any existing off-street parking lot where the number of off-street parking spaces is increased by 20 spaces or more.
G.
Permanent marking of off-street parking stalls. All off-street parking areas serving five or more vehicles shall have all parking stalls permanently marked by painted lines or other approved material, and said marking shall be maintained so as to be legible at all times.
H.
Parking spaces for use by persons with disabilities. All open, off-street parking areas shall provide parking spaces for persons with disabilities meeting all applicable Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities as documented in the Federal Register, Volume 56, No. 144, July 26, 1991, as amended. Unless conflicting with the above-specified Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities requirements, as amended, the following standards are applicable:
(1)
Minimum required number of accessible off-street parking spaces for use by persons with disabilities. Table 4 shall apply.[1] The minimum required number of accessible off-street parking spaces for use by persons with disabilities shall be considered as a part of the total off-street parking spaces required.
[1]
Editor's Note: Table 4 is included as an attachment to this chapter.
(2)
Minimum dimensions for off-street parking spaces provided for use by persons with disabilities. The minimum dimensions for all parking spaces provided for use by persons with disabilities shall be 14 feet wide by 18 feet long for automobiles and 17 feet wide by 18 feet long for vans. The minimum access aisles for such spaces shall be 60 inches for automobile spaces and 96 inches for van spaces.
(3)
Distance to facility entrances for the location of off-street parking for persons with disabilities. Off-street parking spaces provided for the use of persons with disabilities shall be located as close as possible to an entrance which allows such persons to enter and leave the parking area without assistance.
(4)
Signage of off-street parking spaces serving persons with disabilities. All parking spaces provided for the use of disabled persons shall be marked by a sign which includes the international symbol for barrier-free environments and a statement informing the public that the parking space is reserved for use by disabled persons. Such signs shall comply with the requirements of the aforementioned Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities, as amended, and with §§ 346.50, 346.503 and 346.505, Wis. Stats., as amended.
I.
Minimum number of off-street parking spaces and on-site queuing required for use types. The minimum number of off-street parking spaces accessory to designated uses (except for a specific use which has a special ordinance with requirements for off-street parking, in which event the special ordinance shall apply, such as for a PUD Planned Unit Development Overlay District or as a condition of the granting of a conditional use permit) shall be provided as set forth in Table 5.[2]
[2]
Editor's Note: Table 5 is included as an attachment to this chapter.
J.
Uses not listed in Table 5 and other uses. Parking spaces for permitted uses not listed in Table 5 shall be provided in accordance with requirements designated by the Plan Commission upon recommendation of the City Planner. In the case of conditional uses, parking spaces for conditional uses not listed in Table 5 shall be provided in accordance with requirements designated by the Plan Commission upon recommendation of the City Planner and as may be required by the Common Council. The off-street parking and/or queuing provisions for a use which is deemed similar by the Plan Commission to a use not listed in Table 5 may be applied by the Plan Commission upon recommendation of the City Planner.
K.
Employee parking. Parking spaces required on an employee basis, as set forth in Table 5, shall be based on the average number of employees on duty or residing, or both, on the premises at any one time.
L.
Off-street parking requirements for mixed or combined uses located within the same building or on the same lot or parcel. Combinations of any of the uses set forth in Table 5 shall provide the total number of off-street parking stalls and/or queuing space required for each individual use.
M.
Minimum width of off-street parking rows and aisles. The design of all off-street parking regulated by this chapter shall be in conformance with the requirements set forth in the following table:
Parking Space Size/Dimensions | Stall Width (B) | Stall Length (C) | Aisle Width (D) |
|---|---|---|---|
Parking Space Angle (A) | 162 Square feet | ||
0° | 8 | 22 | 14 |
45° | 9 | 18 | 14 |
60° | 9 | 18 | 16 |
90° | 9 | 18 | 24 |
 |
N.
Recreational vehicles. Recreational vehicles parked on private property in residentially zoned districts (all R designations) must maintain a minimum of a five-foot setback from the rear and side lot lines but are not restricted to a minimum setback to the principal structure. If parked in the street yard, the recreational vehicle must be parked on the driveway or on an improved surface such as asphalt or concrete.
(1)
Definition of "recreational vehicle." For the purpose of this section, "recreational vehicles" shall include boats and trailers, snowmobiles and their trailers, minibikes or trailbikes and their trailers, and unoccupied tent campers and travel trailers, all-terrain vehicles and personal watercraft and their trailers.
(2)
Maximum length. Utility trailers and recreational vehicles parked on residential parcels less than five acres cannot exceed 32 feet in length (not including trailer tongue and hitch) and 13 feet in height. For residential parcels five acres or greater, trailers and recreational vehicles shall not exceed 37 feet in length (not including tongue and hitch) and 13 feet in height.
(3)
Occupation of parked vehicles prohibited. No camping trailer or recreational vehicle shall be used for the purpose of habitation in the City.
O.
Relief from off-street parking and loading requirements. As an alternative to limitations and requirements of the parking spaces and on-site queuing requirements of the subsections above, the Plan Commission may review and allow alternatives upon application submitted to the Zoning Administrator.
§ 315-49 Driveways.
All driveways installed, altered, changed, replaced or extended after the effective date of this chapter shall meet the following requirements:
A.
Islands between driveway openings shall be provided with a minimum of six feet between all driveways and three feet at all lot lines. The area between the lot line and adjacent driveway shall be a landscape area.
[Amended 10-1-1991 by Ord. No. 1352(22)]
B.
Openings for vehicular ingress and egress in all zoning districts, except the manufacturing districts, shall not exceed 30 feet at the street line and 35 feet at the roadway. Openings for vehicular ingress and egress in the manufacturing districts shall not exceed 30 feet at the street line and, at the roadway, shall not exceed the width determined by the City Engineer. These requirements may be revised for a particular use in any zoning district upon recommendation by the City Engineer and approval by the Plan Commission.
[Amended 7-7-1992 by Ord. No. 1395(6); 11-18-2003 by Ord. No. 1740(20)]
C.
Vehicular entrances and exits to drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; or garages shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter, or other place of public assembly.
§ 315-50 Highway access.
A.
No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, or to any controlled access arterial street, without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of:
(1)
Freeways, interstate highways, and their interchanges or turning lanes or to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes.
(2)
Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.
B.
Access barriers, such as curbing, fencing, ditching, landscaping, or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above-specified streets or highways.
C.
Temporary access to the above rights-of-way may be granted by the Common Council after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.
§ 315-51 Fences.
[Amended 11-19-1990 by Ord. No. 1322(27); 9-1-1992 by Ord. No. 1399(11); 11-18-2003 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2010(6)]
A.
The construction of a fence anywhere within the City of Burlington shall require application for a fence permit from the Building Inspector, the fee for which shall be in an amount set by the City Council.
B.
Application for a fence permit, when not part of a landscaping plan, shall be made to the Building Inspector and include: the name and address of the applicant; the owner of the site and the contractor; an accurate drawing or plat of survey of the site, inclusive of structures located thereon; the address of the site; the proposed location of the fence superimposed on the drawing or plat of survey; the type, materials, size, height and design of the proposed fence; and any other information the Zoning Administrator may require.
C.
Fence construction is subject to the following limitations:
(1)
Placement and height.
(a)
Placement on lot. A fence is permitted on or near the property lines in all districts. No fence shall be closer than three feet from the street right-of-way in the front yard, except a protective fence or a fence that is used to screen a parking lot from a residential district. Such fences must display their most aesthetic side towards view of the public.
(b)
Height.
[1]
All districts. Except as otherwise provided in this section, the following height limitations apply in all districts:
[a]
Front yard. A fence that consists of at least 80% open space shall not exceed four feet in height. A fence that has less than 80% open space may not exceed three feet in height unless the fence is used to screen a parking lot from a residential district, in which case it shall not exceed four feet in height.
[b]
Side and rear yards. A fence may not exceed six feet in height.
[c]
Lots with more than one street yard. The above provisions for front yards shall apply in each street yard.
[d]
Historic districts. A fence may not be installed without an approved certificate of appropriateness by the Historic Preservation Commission.
[2]
Decorative fences.
[a]
Decorative fences may be placed in the street yard but shall in no instance be placed within the public right-of-way, provided that they shall not exceed a height of three feet. Decorative fences on corner lots shall comply with the traffic visibility requirements set forth in § 315-46 of this chapter.
[3]
Measuring height.
[a]
The installed height of a fence shall be measured from the ground to the top of a fence section, and the average height between two posts shall not exceed the limitations in this section.
[b]
A post, post cap or ornamental feature of a fence may exceed the height limitations of this section, but shall not be disproportionate to the fence. If the height of a post, post cap or ornamental feature will exceed the maximum height by more than six inches, the Building Inspector may require the owner to apply to the Plan Commission for approval.
(c)
Refuse containers. Refuse containers may be screened with a fence not meeting the requirements of this section upon approval by the Zoning Administrator.
(2)
Limitations and prohibitions.
(a)
No fence or portion of a fence shall be placed within the vision clearance triangle, as set forth in § 315-46.
(b)
No fence may be constructed as a fence which conducts electricity, or is designed to electrically shock or which uses barbed wire, or which contains a component designed to cause harm to a person, except as provided below.
(c)
Underground "invisible" pet fences shall be allowed without a permit, but must be installed at least three feet from all property lines. Barbed wire may be used at the top of a fence in an industrial district if the barbed wire and the devices securing the barbed wire are at least 10 feet above the ground and project inward toward the fenced property and away from public or adjoining property.
(d)
No fence shall be constructed of unsightly or dangerous materials. The finished or decorative side of a fence shall face adjoining property.
(3)
Temporary fences. Fences erected for the protection of planting or to warn of construction hazard or similar purpose shall be allowed without a permit, but shall be clearly visible or marked with warning devices at four-foot intervals. Such fences shall meet the placement and height requirements of this section unless such placement and height defeats the purpose of the fence. Temporary fences, other than snow fences, shall not be in place for more than 45 days.
(4)
Nonconforming fences. Any fence existing on the effective date of this section and not conforming to these requirements may be maintained, but any alteration, modification or improvement of more than 50% of said fence shall result in the entire fence being brought into compliance with this section.
(5)
Determination of location. The property owner erecting the fence is solely responsible for ensuring that the fence is located on his or her own property.
(6)
Fence repair. All fences shall be maintained and kept safe and in a state of good repair.
D.
All fence materials shall be approved by the Building Inspector, who shall issue a fence permit upon application therefor for fences meeting the requirements of this section. If the Zoning Administrator denies a permit hereunder, the applicant may appeal the decision to the Zoning Board of Appeals, which may uphold, modify or overturn the Building Inspector's decision.
§ 315-52 Landscaping.
[Added 10-3-1995 by Ord. No. 1509(8)]
A.
Applicability.
(1)
Landscaping required. Landscaping is required in bufferyards, in off-street parking areas, and in building foundation planting areas (foundation planting areas are those areas located within ten feet of principal and accessory structures). The area and/or length of each, as required herein, must be measured in order to determine the minimum amount of landscaping required.
(2)
Exemptions and modifications. All developments shall meet the provisions of this section except as specifically exempted below:
(a)
Residential development on existing lots of record in the Rs-1, Rs-2, Rs-3, Rd-1, Rd-2 and A-1 Districts. Residential development on existing lots of record in the Rs-1, Rs-2, Rs-3, Rd-1, Rd-2 and A-1 Districts as of the date of the adoption of this chapter.
(b)
Additions to existing buildings where the total floor area is not increased more than 10%. Additions to existing buildings where the total floor area is not increased more than 10% of the existing total floor area.
(c)
Additions to buildings which increase overall building area from 10% to 50%. Additions to buildings which increase their overall building area from 10% to 50% shall conform to the landscaping standards specified in this section to the maximum extent achievable. All off-street parking areas and bufferyards shall conform to the applicable landscaping requirements of this section and § 315-48. If insufficient dimensions exist on site, in order to achieve a sufficient level of landscaping, the standards set forth in this section may be reduced by up to 30% by the Plan Commission.
(d)
Floodplain, floodway, floodlands, and wetland areas. Areas located within floodplains, floodways, floodlands, and wetlands are exempt from the landscaping requirements set forth in this section.
B.
Bufferyards to ameliorate nuisances between certain adjacent zoning districts. A bufferyard is a combination of a setback and a visual buffer or barrier and is a yard or area together with the planting and/or landscape structure required thereon. The amount of land, the type of planting, and the amount of planting specified for each bufferyard requirement of this chapter are designed to ameliorate nuisances between certain adjacent zoning districts.
C.
Bufferyards required to separate different zoning districts. Bufferyards shall be required to separate different zoning districts from each other. Bufferyards function to eliminate or minimize potential nuisances, such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions.
D.
Standard plant units. All landscaping requirements of this section are stated in terms of the number of standard plant units required. This section defines the standard plant unit and its alternatives. All required landscaping shall conform to one or more of the plant unit alternatives of this section. Table 6 specifies the plant unit alternatives.[1] The five alternative plant mixes are interchangeable. Where a year-round screen is required, Alternative Unit A is preferred and may be required by the Plan Commission.
[1]
Editor's Note: Table 6 is included at the end of this chapter.
E.
Credit for existing plant materials. Credit for existing plant material will be allowed to offset required plant unit landscaping in the bufferyards and parking lots as follows:
(1)
Bufferyards. Existing canopy trees six feet in height or more shall be counted on an individual basis towards the planting requirements; all other components of a plant unit are required, including all understory trees, evergreen trees, and shrubs.
(2)
Parking lots. Any existing canopy trees six feet in height or more and located within parking lot areas shall be subtracted from the required amount of parking lot landscaping on a tree-by-tree basis.
F.
General landscaping requirements.
(1)
Physical containment of landscaped areas. All landscaped areas located within or adjacent to a parking area, or adjacent to a public street or sidewalk, shall be designed to contain landscape materials and to prevent vehicular encroachment (i.e., through the use of continuous concrete curbing, railroad ties, headers, or depressed construction).
(2)
Artificial landscape materials. Artificial trees, shrubs, turf, or plants shall not be permitted as landscaping.
(3)
Ground cover. The use of landscape fabrics under all areas landscaped with nonliving materials, except those areas set aside for stormwater retention/detention, is recommended to prevent weed growth.
(4)
Location. New vegetation shall be selected, planted, and maintained so that at maturity it will not interfere with utility lines, snow storage areas, vehicular parking, pedestrian circulation, and traffic sight visibility at driveways and street intersections and will not cause damage or upheaval of sidewalks and pavement.
(5)
Installation.
(a)
Timing of installation. Landscaping shall be installed in accordance with the approved landscape plan prior to issuance of an occupancy permit. The City of Burlington will have the right to refuse approval of any project not meeting the provisions of this section.
(b)
Financial surety required. If approved landscaping cannot be installed prior to the issuance of an occupancy permit, an occupancy permit may be issued by the City of Burlington if the applicant provides a form of surety acceptable to the City Attorney which meets the total estimated costs of the approved landscaping improvements. The application shall be accompanied by a complete estimate of the total cost of the approved landscaping. All landscape materials shall be guaranteed by the applicant, or the applicant's contractor, for two years.
(c)
Return of financial surety. When it is determined by the Zoning Administrator that the landscaping has been installed in accordance with the approved plans, the City of Burlington shall return the financial surety to the applicant.
G.
Maintenance.
(1)
Responsibility for maintenance.
(a)
Maintenance of all landscaping shall be the responsibility of the property owner or homeowners' association (as applicable) and shall consist of regular watering, pruning, mowing, fertilizing, and the removal and replacement of irrigation systems and architectural features.
(b)
The owner or liable entity in control of any private premises shall at all times maintain the premises free of litter and weeds.
(2)
Landscape phasing. Future building pads within a phased development shall be maintained in a dust-free condition vegetated with ground cover.
(3)
Plant replacement. Any plant materials included in an approved landscaping plan that do not survive a plant establishment period of two years after installation 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. Said replacement shall be made by the property owner, or, in the case of landscape plant materials located within a landscape easement under the control of a homeowners' association, the homeowners' association shall be responsible for said replacement.
H.
General bufferyard requirements.
(1)
Basis of standards. Bufferyard standards are based on a required relative bufferyard intensity value. A variety of combinations of bufferyard width, planting intensity, and structural options (i.e., fences and earthen berms) may be selected from Table 6 to reach the required bufferyard intensity value.[2]
[2]
Editor's Note: Table 6 is included at the end of this chapter.
(2)
Location of bufferyards. Bufferyards shall be located along the outer perimeter of a lot or parcel and shall extend to the lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way.
(3)
Bufferyard plant material groupings. Required bufferyard plantings may be planted in natural-appearing groupings along the total length of the bufferyard and need not be spaced uniformly along said total bufferyard length.
(4)
Plant materials.
(a)
For each bufferyard listed, a specific combination of deciduous canopy, shade, and understory trees; evergreen trees; and shrubs is required as indicated in Table 6.
(b)
All bufferyard areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established.
(c)
The exact placement of required plants and structures shall be the decision of the property developer.
(5)
Fences. Fences used to achieve the required bufferyard intensity factor shall be constructed of rock, masonry, or wood. Chain link fences and chain link with slats shall be prohibited from being used to achieve required bufferyard intensity factors. All fences used shall also meet the requirements for the construction of fences of this chapter.[3]
(6)
Height of required vegetation. Height of vegetation selected for required bufferyards shall be measured from the highest finished adjacent grade of the element to be screened.
(7)
Berming. Earthen berms shall be designed to transition to existing surrounding grades, not to exceed a slope ratio of 2:1, and shall be covered with plant material or ground cover or partially rip-rapped to prevent erosion. Berms with vegetative cover shall be designed to retain irrigation water rather than encourage runoff. All earthen berms shall be safely designed in order to accommodate mowing when needed.
(8)
Calculation of bufferyard requirements.
(a)
Bufferyard requirements are calculated using the standards listed in this section for bufferyards.
(b)
Bufferyard standards listed in this section are to be calculated for every 100 linear feet of peripheral lot line boundary and/or street frontage present on a given lot.
(c)
In instances where the zoning district boundary and/or street frontage is less than 100 feet, the required bufferyard planting shall be one plant unit (see Table 6).
(d)
Procedures for determining minimum required bufferyards. To determine the type of bufferyard required on a parcel, between two parcels or lots, or between a parcel or lot and a street, the following procedures shall be used:
[1]
Identify whether any portion or property line of the parcel or lot coincides with a zoning district boundary. If it does, determine the abutting zoning districts on both sides of the property line.
[2]
Refer to Table 7 to determine the required bufferyard intensity factor needed to be achieved between the two zoning districts.[4]
[4]
Editor's Note: Table 7 is included at the end of this chapter.
[3]
Based upon the bufferyard intensity factor required, refer to the applicable Tables 8 to 12[5] to select the minimum number of plant materials (per 100 feet of bufferyard length), the bufferyard width, and required structure type combination by selecting the desired alternative bufferyard type.
[5]
Editor's Note: Tables 8 through 12 are included at the end of this chapter.
[4]
Calculate the actual number of plants required by selecting the minimum number of plant materials (per 100 feet of bufferyard length) from the alternatives indicated on the applicable Tables 8 to 12 and multiply by the hundreds of feet of bufferyard to be planted.
(9)
Limitations on bufferyard use. A bufferyard may be used for passive recreation. It may contain pedestrian or bike trails provided that:
(a)
No plant material is eliminated;
(b)
The total width of the bufferyard is maintained; and
(c)
All other regulations of this chapter are met. In no event, however, shall swimming pools, decks, drives, curbing, stormwater detention/retention ponds, tennis courts, sports fields, golf courses, parking lots, or other similar uses (as determined by the Plan Commission) be permitted in bufferyards.
(10)
Table of required bufferyards between zoning districts. The minimum required bufferyard intensity factor for bufferyards between zoning districts set forth in Table 7 refers to the bufferyard width and plant unit standards set forth in Table 8 through Table 12 of this chapter. Bufferyards are required between adjacent zoning districts. The abbreviations used in Table 7 represent the City of Burlington Zoning District designations used throughout this chapter.[6]
[6]
Editor's Note: Tables 7 through 12 are included at the end of this chapter.
(11)
Minimum required bufferyard width and plant material standards. Tables 8 through 12 set forth the minimum bufferyard width and plant material standards required for achieving required bufferyard intensity levels. Tables 8 through 12 are designed so as to allow for choice from a variety of alternative bufferyard widths and general landscape plant material types in order to meet the required bufferyard intensity levels required elsewhere in this section.
(12)
Minimum plant material standards. All new landscape plant material shall meet those standards set forth under the requirements of § 315-48D(6) of this chapter.