City of Milwaukee - File #: 070160

• File #: 070160
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 5/8/2007
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 6/19/2007
• Effective date: 7/7/2007
• Title: A substitute ordinance relating to required board of zoning appeals findings for the granting of special use permits.
• Sponsors: ALD. BOHL, ALD. MURPHY, ALD. DONOVAN, ALD. D'AMATO, ALD. HAMILTON, ALD. PUENTE, ALD. DUDZIK, ALD. BAUMAN, ALD. ZIELINSKI, ALD. WADE
• Indexes: BOARD OF ZONING APPEALS, ZONING

Date	Ver.	Action By	Action	Result	Tally
7/6/2007	1	CITY CLERK	PUBLISHED
6/28/2007	1	MAYOR	SIGNED
6/19/2007	1	COMMON COUNCIL	PASSED	Pass	14:0
6/12/2007	1	CITY CLERK	DRAFT SUBMITTED
6/12/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Individuals present: Vanessa Koster - Dept. of City Development Ald. Jim Bohl Proposed Sub. A accepted. Make Board of Zoning Appeals Case No. 23020 part of the record, by Ald. Wade. Prevailed. 4-0 (Exhibit 1)	Pass	4:0
6/12/2007	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individuals present: Vanessa Koster - Dept. of City Development Ald. Jim Bohl Proposed Sub. A accepted. Make Board of Zoning Appeals Case No. 23020 part of the record, by Ald. Wade. Prevailed. 4-0 (Exhibit 1)	Pass	4:0
6/5/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
6/4/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
5/18/2007	0	CITY CLERK	PUBLISHED; Minutes note: This file is being published 5-18-07 and 5-25-07 for a CPC Mtg. on 6-4-07 at 2:10 p.m.
5/9/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
5/9/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
5/8/2007	0	COMMON COUNCIL	ASSIGNED TO

Number
070160
Version
Substitute 1
Reference

Sponsor
ALD. BOHL, MURPHY, DONOVAN, D’AMATO, HAMILTON, PUENTE, DUDZIK, BAUMAN, ZIELINSKI AND WADE
Title
A substitute ordinance relating to required board of zoning appeals findings for the granting of special use permits.
Sections
295-311-2-d-1 am
295-311-2-d-2 am
Analysis
Currently, in order to approve a special use permit, the board of zoning appeals is required to make 4 findings, including findings that:

1. The use will be designed, located and operated in a manner so that the public health, safety and welfare is protected

2. The use, value and enjoyment of other property in the neighborhood will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use.

This ordinance provides that the board of zoning appeals may consider geographic concentration of establishments of the same type as the proposed special use as evidence that either or both of these standards will not be met.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 295-311-2-d-1 and 2 of the code is amended to read:

295-311. Appeals.

2. SPECIAL USE PERMITS.

d. Findings.

d-1. Protection of Public Health, Safety and Welfare. The use will be designed, located and operated in a manner so that the public health, safety and welfare is protected. >>A geographic concentration of establishments of this type may be evidence, in certain circumstances, that the public health, safety and welfare will not be protected.<<

d-2. Protection of Property. The use, value and enjoyment of other property in the neighborhood will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use. >>A geographic concentration of establishments of this type may be evidence, in certain circumstances, that the proposed use will substantially impair or diminish property values.<<
LRB
APPROVED AS TO FORM


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