Number
010349
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to the elevation of the finished yard grades of a new residential building.
Sections
200-26-1-c-4-i rp
200-26-1-c-4-j rn
200-26-1-c-4-k rn
200-26-1-c-4-L rn
200-26-1-c-4-m rn
200-26-1-c-4-n rn
200-26-1-c-4-o rn
200-26-1-c-4-p rn
200-26-1-c-4-q rn
240-21 rc
257-11 rc
Analysis
This ordinance provides that the proposed finished yard grades of a newly-constructed residential building of 8 dwelling units or less shall be compatible with the elevations and finished grades of adjacent properties and existing or proposed streets and alleys. It further specifies a number of criteria to be used when assessing compatibility.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-26-1-c-4-i of the code is repealed.
(Note: The provision being repealed reads as follows:
200-26. Application for Permits.
1. APPLICATION.
c-4-i. Proposed elevation of the top of the foundation wall or basement wall of any residence, and also the established grade of the sidewalk at the midpoint of the front of the residence.)
Part 2. Section 200-26-1-c-4-j to q is renumbered 200-26-1-c-4-i to p.
Part 3. Section 240-21 of the code is repealed and recreated to read:
240-21. Elevation of Finished Yard Grade at the Building Perimeter. The proposed finished yard grades of a newly-constructed one or 2-family dwelling at the building perimeter, as shown on the plat of survey required by s. 200-26-1-c, shall be compatible with adjacent properties and adjoining existing or proposed streets and alleys. Compatibility shall be determined using one or more of the following criteria:
1. The elevation of existing or proposed public walks which adjoin the property.
2. The elevation of existing or proposed streets which adjoin the property.
3. The elevation of existing or proposed alleys which adjoin the property.
4. The elevation of the lot as shown on the subdivision grading plan, if such plan exists. In the absence of such plan, existing, established grades shall be used.
5. The elevations of the lot lines of the adjacent properties.
6. If an adjoining property has been developed, the finished yard grades of that property.
7. If an adjoining property is not developed, the proposed finished yard grades of that property.
8. The natural drainage of the lot with respect to the topography of the lot and the surrounding topography.
9. Natural features on the lot, such as wooded areas, that would be disturbed if the existing lot grade were to be altered.
Part 4. Section 257-11 of the code is repealed and recreated to read:
257-11. Elevation of Finished Yard Grade at the Building Perimeter. The proposed finished yard grades of a newly-constructed 3 to 8-unit residential building at the building perimeter, as shown on the plat of survey required by s. 200-26-1-c, shall be compatible with adjacent properties and adjoining existing or proposed streets and alleys. Compatibility shall be determined using one or more of the following criteria:
1. The elevation of existing or proposed public walks which adjoin the property.
2. The elevation of existing or proposed streets which adjoin the property.
3. The elevation of existing or proposed alleys which adjoin the property.
4. The elevation of the lot as shown on the subdivision grading plan, if such plan exists. In the absence of such plan, existing, established grades shall be used.
5. The elevations of the lot lines of the adjacent properties.
6. If an adjoining property has been developed, the finished yard grades of that property.
7. If an adjoining property is not developed, the proposed finished yard grades of that property.
8. The natural drainage of the lot with respect to the topography of the lot and the surrounding topography.
9. Natural features on the lot, such as wooded areas, that would be disturbed if the existing lot grade were to be altered.
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
LRB01189-1
JDO
5/4/01