City of Milwaukee - File #: 110695

• File #: 110695
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 9/20/2011
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 11/2/2011
• Effective date: 11/19/2011
• Title: A substitute ordinance relating to landscaping requirements for heavy motor vehicle parking lots, heavy motor vehicle outdoor storage and contractors’ yards.
• Sponsors: THE CHAIR
• Indexes: PARKING LOTS, ZONING

Date	Ver.	Action By	Action	Result	Tally
11/18/2011	2	CITY CLERK	PUBLISHED
11/7/2011	2	MAYOR	SIGNED
11/2/2011	2	COMMON COUNCIL	PASSED	Pass	15:0
10/25/2011	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Individual appearing: Edward Richardson, Department of City Development - Planning Division Ald. Bauman moved acceptance of Proposed Substitute A. (Prevailed 5-0)	Pass	5:0
10/25/2011	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
10/20/2011	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/20/2011	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/10/2011	1	CITY CLERK	PUBLISHED; Minutes note: This file is being published 10-10-11 and 10-17-11 for a ZND Mtg. on 10-25-11 at 9:00 a.m.
9/23/2011	1	ZONING CODE TECHNICAL COMMITTEE	HEARING NOTICES SENT
9/22/2011	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Chris Lee at 286-2232.
9/22/2011	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Chris Lee at 286-2232.
9/21/2011	1	CITY CLERK	DRAFT SUBMITTED
9/20/2011	0	COMMON COUNCIL	ASSIGNED TO

Number

110695

Version

SUBSTITUTE 2

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance relating to landscaping requirements for heavy motor vehicle parking lots, heavy motor vehicle outdoor storage and contractors’ yards.

Sections

295-405-1-a (table) am

295-405-1-b-9 cr

295-405-1-c (table) am

Analysis

This ordinance creates a new category of perimeter landscaping and edge treatment standards, type “I,” which may be used for screening heavy motor vehicle parking, heavy motor vehicle outdoor storage and contractors’ yards.  This landscaping type is an alternative to existing types “E” and “F” and differs from those types primarily in that a decorative metal fence may be used as part of a type “I” treatment, but a masonry wall or opaque fence is required for type “E” or “F.”

Body

Part 1.  Table 295-405-1-a of the code is amended to read:

Table 295-405-1-a PERIMETER LANDSCAPING AND EDGE TREATMENT REQUIREMENTS BY USE AND ZONING DISTRICT
Key:  required - this is the minimum landscaping/edge treatment requirement for this land use in the specified zoning district allowed - this landscaping/edge treatment type may be used as an alternative to the “required” type for this land use in the specified zoning district not permitted - this landscaping/edge treatment type cannot be used for this particular use in the specified zoning district use not permitted - this land use is not permitted in this zoning district; therefore, no required landscaping type is specified
Type of Use:	Light Motor Vehicle Parking; Vehicle Operating Area			Motor Vehicle Sales Lot	Heavy Motor Vehicle Parking; Storage Yards; Contractors’ Yards; Outdoor Salvage Operations			Mechanical Equipment, etc.	Lt. Motor Veh. Parking Next to Res. Use
	Type A	Type B	Type C	Type D	Type E	Type F	>>Type I<<	Type G	Type H
Zoning District:
NS2, LB2, RB2	not permitted	required	allowed	required	not permitted	required	>>allowed*<<	required	required
NS1, LB1, RB1, CS	required	allowed	not permitted	required	required	allowed	>>allowed*<<	required	required
C9A-C9H	not permitted	required	allowed	use not permitted	not permitted	required	>>allowed*<<	required	required
IM	not permitted	required	allowed	required	not permitted	required	>>allowed*<<	required	required
IO2, IL2	not permitted	required	allowed	required	required	allowed	>>allowed*<<	required	required
IO1, IL1	required	allowed	allowed	required	required	allowed	>>allowed*<<	required	required
IH	required	allowed	allowed	required	not permitted	required	>>allowed*<<	required	required
PK, TL	required	allowed	allowed	use not permitted	use not permitted	use not permitted	>>use not permitted<<	required	required
RM5-RM7, RO2	not permitted	required	allowed	use not permitted	use not permitted	use not permitted	>>use not permitted<<	required	required
RT3-RT4, RM3-RM4	not permitted	required	allowed	use not permitted	use not permitted	use not permitted	>>use not permitted<<	required	required
RS1-RS6, RT1-RT2, RM1-RM2, RO1	required	allowed	not permitted	use not permitted	use not permitted	use not permitted	>>use not permitted<<	required	required
>>*Not permitted for outdoor storage (except heavy motor vehicle outdoor storage) or outdoor salvage operations.<<

Part 2.  Section 295-405-1-b-9 of the code is created to read:

295-405.  Landscaping.

1.  PERIMETER LANDSCAPING AND EDGE TREATMENTS.

b.  Types of Landscape Treatment.

b-9.  Type “I” Landscaping (Heavy Motor Vehicle Parking Lots, Heavy Motor Vehicle Outdoor Storage, Contractors’ Yards).  This type is intended to provide an alternative to types “E” and “F” for the street frontages of heavy motor vehicle parking lots, heavy motor vehicle outdoor storage and contractors’ yards.  It has similar tree and shrub requirements, but allows for the installation of a decorative metal fence instead of requiring a wall or opaque fence.

Part 3.  Table 295-405-1-c of the code is amended to read:

Table 295-405-1-c FENCE/WALL AND LANDSCAPING REQUIREMENTS FOR LANDSCAPING TYPES
		Type A Landscaping	Type B Landscaping	Type C Landscaping	Type D Landscaping	Type E Landscaping	Type F Landscaping	Type G Landscaping	Type H Landscaping	>>Type I  Landscaping<<
Required Fence/Wall	Fence or wall required?	Optional	Yes	yes	yes if located in LB2	yes	yes	optional	yes	>>yes<<
	Fence/wall height requirements	fence optional; see below	3 ft. min.; 6 ft. max.	6 ft.	if provided, 3 ft. min.; 6 ft. max.	6 ft. min.; 9 ft. max.	6 ft. min.; 9 ft. max.	to top of object plus one foot (min.); 9 ft. max.	6 ft.; shall be reduced to 3.5 ft. when adjacent to a residential front yard	>>6 ft. min.; 9 ft. max.<<
	Fence/wall materials required	fence not required	masonry or decorative metal	combination masonry/ decorative metal	if LB2, masonry or decorative metal; other districts, fences are optional	any opaque fence type	any opaque fence type	any opaque fence type	any opaque fence type	>>masonry or decorative metal<<
	Fence/wall opacity	fence not required	no opacity standard	solid in lower 3 ft.	no opacity standard	100%	100%	100%	100%	>>no opacity standard<<
	Fence/wall location in landscaped area	if provided, adjacent to parking	anywhere within landscaped area	anywhere within landscaped area	anywhere within landscaped area	behind landscaping	behind landscaping	between object being screened and area of visibility	adjacent to residential property line	>>anywhere within landscaped area<<
Allowable fence/wall	Masonry wall	up to 6 ft. high	up to 6 ft. high	up to 6 ft. high	up to 4 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high	>>up to 9 ft. high<<
	Decorative metal fence	up to 6 ft. high	up to 6 ft. high	up to 6 ft. high; lowest 3 ft. shall be solid wall	up to 6 ft. high	not permitted	not permitted	allowed, but a second row of shrubs shall be required	up to 9 ft. high	>>up to 9 ft. high<<
	Wood fence, open	up to 4 ft. high	not permitted	not permitted	if not in LB2, up to 3.5 ft. high	not permitted	not permitted	not permitted	not permitted	>>not permitted<<
	Wood fence, opaque	up to 4 ft. high	not permitted	not permitted	if not in LB2, up to 3.5 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high	>>not permitted<<
	Chain link fence (coated wire only)	up to 6 ft. high	not permitted	not permitted	not permitted	optional if fence has slats or mesh screening; up to 6 ft. high	optional if fence has slats or mesh screening; up to 6 ft. high	optional if fence has slats or mesh screening; up to 6 ft. high	not permitted with or without slats or mesh screening	>>not permitted<<
Trees and Shrubs Required & Allowed	Minimum landscaped area width	5 ft.	5 ft.	sufficient for wall, trees and optional shrubs	5 ft.	15 ft.	5 ft.; 15 ft. if a chain-link fence is present	sufficient to accommodate required plantings; 15 ft. if a chain-link fence is present	sufficient to accommodate fence/wall and optional trees/shrubs	>>10 ft.<<
	Deciduous street-type trees	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	allowed but not required unless a loading dock is present	1 every 25 feet or where required by s. 295-405-1-b-8	>>minimum 1 every 25 ft.<<
	Ornamental tree option	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	optional	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	1 every 20 feet if landscaped area is at least 10 ft. wide	>>minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide<<
	Shrub spacing requirement	2 staggered rows with plants a max. of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. 3 ft. on center	2 staggered rows with plants a max. of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. 3 ft. on center	one row with plants a max. of 3 ft. on center; if a masonry wall is provided, shrubs are optional	if light motor vehicle  display : one row with plants a max. of 3 ft. on center; if heavy motor vehicle display, 2 staggered rows with plants a max. of 4 ft. on center in each row	one row with plants a max. of 3 ft. on center; if chain-link fence is provided, 2 staggered rows with plants a max. of 4 ft. on center in each row	one row with plants a max. of 3 ft. on center; if chain-link fence is provided, 2 staggered rows with plants a max. of 4 ft. on center in each row	2 staggered rows, with plants a maximum of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. of 3 ft. on center	option or, where required by s. 295-405-1-b-8, one row with plants a max. of 8 ft. on center	>>one row with a  max. of 4 ft. on center; if a masonry wall is provided, shrubs are optional<<
	Shrub size, min. (at time of planting)	2 ft. in diameter	2 ft. in diameter	2 ft. in diameter	if light motor vehicle display, 1.5 ft. in diameter; if heavy motor vehicle  display, 2 ft. in diameter	2 ft. in diameter	2 ft. in diameter	2 ft. in diameter	2 ft. in diameter	>>2 ft. in diameter<<
	Shrub height, min. (at time of planting)	2 ft.	2 ft.	2 ft.	if light motor vehicle display, 1.5 ft.; if heavy motor vehicle  display, 3 ft.	6 ft.	6 ft.	6 ft.	2 ft.	>>6 ft.<<
	Shrub height, max. (at maturity)	3.5 ft.	3.5 ft.	3.5 ft.	if light motor vehicle display, 3.5. ft.; if heavy motor vehicle display, 4.5 ft.	no limit	no limit	no limit	no limit	>>no limit<<

LRB

APPROVED AS TO FORM

__________________________

Legislative Reference Bureau

Date:______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

__________________________

Office of the City Attorney

Date:______________________

Requestor

Department of City Development

Drafter

LRB133944-3

Jeffrey D. Osterman

10/12/2011