Number
050256
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to the procedure for amending the zoning map.
Sections
295-307-2-c am
295-1003-2-f cr
295-1005-2-g cr
295-1007-2-f cr
295-1009-2-e cr
295-1015-2-c cr
295-1017-2-h cr
Analysis
This ordinance provides that amendment of the boundaries of any overlay zone (other than a flood plain or shoreland-wetland overlay zone) shall only be initiated by a motion of the common council or by a petition submitted to the common council and signed by owners of 50% or more of the area of land included in the zone. Following passage of the common council motion or receipt of the petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the standard zoning map amendment procedure.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-307-2-c of the code is amended to read:
295-307. Amendments to the Zoning Text or Map.
2. INITIATION OF MAP AMENDMENTS.
c. By Petition. The owners of 50% or more of the land included in a proposed amendment may [[present a petition duly signed and acknowledged to the common council]] >>submit to the common council a petition requesting the zoning map amendment<<.
Part 2. Section 295-1003-2-f of the code is created to read:
295-1003. Neighborhood Conservation Overlay Zone (NC).
2. PROCEDURES.
f. Amendment of Zone Boundaries. Amendment of the boundaries of a neighborhood conservation overlay zone shall only be initiated by a motion of the common council or by a petition submitted to the common council and signed by owners of 50% or more of the area of all land included in the zone. Following passage of the common council motion or the department’s receipt of a petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the zoning map amendment procedure in s. 295-307-3.
Part 3. Section 295-1005-2-g of the code is created to read:
295-1005. Interim Study Overlay Zone (IS).
2. PROCEDURES.
g. Amendment of Zone Boundaries. Amendment of the boundaries of an interim study overlay zone shall only be initiated by a motion of the common council or by a petition submitted to the common council and signed by owners of 50% or more of the area of all land included in the zone. Following passage of the common council motion or the department’s receipt of a petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the zoning map amendment procedure in s. 295-307-3.
Part 4. Section 295-1007-2-f of the code is created to read:
295-1007. Development Incentive Overlay Zone (DIZ).
2. PROCEDURES.
f. Amendment of Zone Boundaries. Amendment of the boundaries of a development incentive overlay zone shall only be initiated by a motion of the common council or by a petition submitted to the common council and signed by owners of 50% or more of the area of all land included in the zone. Following passage of the common council motion or the department’s receipt of a petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the zoning map amendment procedure in s. 295-307-3.
Part 5. Section 295-1009-2-e of the code is created to read:
295-1009. Site Plan Review Overlay Zone (SP).
2. PROCEDURES.
e. Amendment of Zone Boundaries. Amendment of the boundaries of a site plan review overlay zone shall only be initiated by a motion of the common council or by a petition submitted to the common council and signed by owners of 50% or more of the area of all land included in the zone. Following passage of the common council motion or the department’s receipt of a petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the zoning map amendment procedure in s. 295-307-3.
Part 6. Section 295-1015-2-c of the code is created to read:
295-1015. Lakefront Overlay Zone (LF).
2. PROCEDURES.
c. Amendment of Zone Boundaries. Amendment of the boundaries of a lakefront overlay zone shall only be initiated by a motion of the common council or by a petition submitted to the common council and signed by owners of 50% or more of the area of all land included in the zone. Following passage of the common council motion or the department’s receipt of a petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the zoning map amendment procedure in s. 295-307-3.
Part 7. Section 295-1017-2-h of the code is created to read:
295-1017. Master Sign Program Overlay Zone (MSP).
2. PROCEDURES.
h. Amendment of Zone Boundaries. Amendment of the boundaries of a master sign program overlay zone shall only be initiated by a motion of the common council or by a petition submitted to the common council and signed by owners of 50% or more of the area of all land included in the zone. Following passage of the common council motion or the department’s receipt of a petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the zoning map amendment procedure in s. 295-307-3.
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
City Attorney
Drafter
LRB05196-2
JDO
09/19/05