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File #: 950920    Version: 0
Type: Ordinance Status: Placed On File
File created: 10/17/1995 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 4/20/1999
Effective date:    
Title: 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)
Sponsors: THE CHAIR
Indexes: LANDSCAPING, MOTOR VEHICLES, PARKING, ZONING
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/20/19990 COMMON COUNCIL PLACED ON FILEPass17:0 Action details Meeting details Not available
4/13/19990 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PLACING ON FILEPass4:0 Action details Meeting details Not available
6/4/19980 STEERING & RULES COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/28/19970 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Not available
5/20/19970 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/17/19960 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE     Not available Meeting details Not available
9/9/19960 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/11/19960 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
7/9/19960 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE  

Minutes note: Hold and Refer back to to Zoning, Technical Committee.
   Not available Meeting details Not available
4/1/19960 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE     Not available Meeting details Not available
3/15/19960 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/18/19950 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
10/17/19950 COMMON COUNCIL REFERRED TO   Action details Meeting details Not available

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