NUMB:
950920
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
An ordinance relating to setback and screening
requirements for parking spaces and areas within 25
feet of a public street, a residential use or certain
zoning districts. (Building Inspection)
SECS:
295-75-5 rc
295-75-6 rc
295-75-7 rc
295-75-8 rc
295-75-9 rc
295-75-10 rn
295-75-10 cr
295-75-11 rn
295-75-12 rn
ANLS:
- Analysis -
This ordinance:
1. Makes a number of minor wording changes and
technical revisions to the setback and screening
requirements for parking spaces and areas, and
motor vehicle display and storage areas, within
25 feet of a public street, a residential use or
certain zoning districts.
2. Provides that, in the case of a screening buffer
required in conjunction with parking spaces or
area within 25 feet of a public street, the
commissioner of building inspection may approve
screening methods other than those prescribed in
the code as long as the buffer will meet or
exceed the specified standards for such buffers.
3. Authorizes the commissioner of building
inspection to review and approve landscaping and
screening plans for parking spaces or areas, and
motor vehicle display and storage areas, which
are located within 25 feet of a public street, a
residential use or certain zoning districts.
4. Specifies the penalties for failure to install
landscaping or screening in accordance with
approved plans.
BODY:
The Mayor and Common Council of the City of Milwaukee
do ordain as follows:
Part 1. Section 295-75-5 to 9 of the code is
repealed and recreated to read:
295-75. Parking Standards.
5. SETBACK AND SCREENING FOR PARKING SPACES AND
AREAS WITHIN 25 FEET OF A PUBLIC STREET. a. Setback
Required. The setback for parking spaces and areas
within 25 feet of a public street shall be equal to
either the required setback of the zoning district or
the average of the existing yards of the adjoining
lots, whichever is less, but in no case shall the
setback be less than 5 feet.
b. Screening Required. Every setback for parking
spaces and areas, excluding necessary openings for
ingress and egress, shall contain an 80% opaque year-
round screening buffer which has an average height of
3 feet to 3.5 feet, consists of a combination of
shrubs, trees, and ground cover in accordance with s.
295-14-12-b, and may include fencing, a berm or a
wall to increase the opacity to 80% (since s. 295-14-
12-b only requires 60% opacity). Landscaping shall be
designed and installed to define, soften and screen
the appearance of the parking area from the public
street. Such screening buffer shall meet the
following standards:
b-1. A fence or wall which is used for screening
purposes and is greater than 50% opaque shall be 3
feet to 3.5 feet in height and constructed in
accordance with s. 239-2.
b-2. A fence up to 6.5 feet in height shall be
permitted provided that its opacity is 50% or less.
b-3. Chain link fencing, with or without slats,
shall not be used to increase opacity. Such fencing
shall not be permitted within the screening buffer
area, unless otherwise allowed by s. 239-2.
b-4. In no case may a fence or wall be located
closer than one foot to a property line which is
parallel to a street.
b-5. An earthen mound berm shall have a vegetation
cover, planting bed or combination thereof. No berm
shall have a gradient exceeding one foot vertical to
3 feet horizontal.
b-6. All landscaping materials, berms and fences and
walls shall be placed on the property or properties
being screened.
c. Alternative Screening Methods. In lieu of the
screening buffer prescribed by par. b, the
commissioner may approve alternative screening
materials and methods provided that the buffer has a
minimum opacity of 80% year-round and meets or
exceeds the standards prescribed in par. b in terms
of quality, effectiveness, durability, hardiness and
performance, as well as enhancement of the overall
appearance of the site.
d. Other Plans. This subsection shall not
supercede any landscaping, screening or fencing plan
previously approved by the redevelopment authority of
the city of Milwaukee or the historic preservation
commission.
6. PARKING SPACES OR AREAS WITHIN 25 FEET OF
CERTAIN DISTRICTS AND USES. a. Application. This
subsection shall apply to all nonresidential parking,
as well as residential parking with 5 or more parking
spaces.
b. Wall or Fence Required. Parking spaces or areas
which are located within 25 feet of a residence,
restricted office, residential and office or planned
development district, or are located within 25 feet
of any wholly residential use, shall be screened by a
wall or fence in accordance with s. 239-2 which has
an opacity of at least 80% and a height of at least 6
feet. Such wall or fence shall meet the following
standards:
b-1. A wall or fence which is required to screen a
wholly residential use shall not exceed 4 feet in
height when located adjacent to the front yard of a
residence.
b-2. Any required wall or fence shall be located
between the parking spaces or area and the lot line
separating said district or use from the parking
spaces or area.
b-3. Where there is an adjacent structure within 3
feet of the required wall or fence, the height of the
wall or fence may be reduced to a minimum of 4 feet.
b-4. Where there is an existing building or fence
located on, or substantially on, the property line
separating the parking spaces or area from said
district or use, and where such building or fence
meets or exceeds the height and opacity standards of
this paragraph, no additional wall or fence shall be
required.
b-5. Where there is an elevation difference between
the parking spaces or area and the adjacent district
or use, the height of the required wall or fence
shall be measured from the point of highest
elevation.
b-6. Where parking spaces or areas abut an alley, a
wall or fence shall not be required.
b-7. Where an existing building is within 3 feet of
a required fence, the department may consider
alternative screening methods and waive the
requirement for a wall or fence.
7. MOTOR VEHICLE DISPLAY AND STORAGE AREAS WITHIN
25 FEET OF A PUBLIC STREET. Every motor vehicle
display and storage area within 25 feet of a public
street shall have:
a. A setback equal to the required setback of the
zoning district in which the display and storage area
is located or the average of the existing yards of
adjoining lots, whichever is less, but in no case
shall the setback be less than 5 feet.
b. A landscaped buffer within the required setback
which consists of a combination of shrubs, trees and
ground cover as provided in s. 295-14-12-b, except
that shrubs will be limited to varieties averaging
2.5 feet to 3.5 feet in height at maturity.
8. MOTOR VEHICLE DISPLAY AND STORAGE AREAS WITHIN
25 FEET OF CERTAIN DISTRICTS AND USES. Every motor
vehicle display area which is located within 25 feet
of a residence, restricted office, residential and
office, institutional or planned development
district, or is located within 25 feet of any wholly
residential use, shall be screened by a wall or fence
in accordance with sub. 6.
9. LOCATION. All required parking spaces and any
required screening buffers, walls and fences shall be
located on the same site or development site as the
principal building or use to which the parking is
accessory.
Part 2. Section 295-75-10 to 12 of the code is
renumbered 295-75-11 to 13.
Part 3. Section 295-75-10 of the code is created to
read:
10. REVIEW OF PLANS BY COMMISSIONER. a. Authority
to Review and Approve Plans. The commissioner shall
have the authority to review and approve landscaping
and screening plans for parking spaces or areas, and
motor vehicle display and storage areas, which are
located within 25 feet of a public street, any
portion of a wholly residential use, or a residence,
restricted office, residential and office,
institutional or planned development district. Any
person aggrieved by the commissioner's decision
regarding approval of a landscaping or screening plan
may appeal such decision to the board of zoning
appeals.
b. Penalties. Any person who fails to install
landscaping or screening in accordance with the plans
approved by the commissioner shall be subject to the
penalties provided in s. 200-19.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Department of Building Inspection
DFTR:
LRB95242.1
JDO
6/22/95