City of Milwaukee - File #: 020785

• File #: 020785
• Version: 1
• Type: Ordinance
• Status: Placed On File
• File created: 9/4/2002
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 5/25/2004
• Title: A substitute ordinance relating to zoning regulations for existing transmission towers used to transmit or receive television signals.
• Sponsors: ALD. PRATT
• Indexes: CABLE TELEVISION, COMMUNICATIONS SYSTEMS, ZONING

Date	Ver.	Action By	Action	Result	Tally
5/25/2004	1	COMMON COUNCIL	PLACED ON FILE	Pass	15:0
5/18/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0
10/23/2002		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO; Minutes note: Legal opinion needed.
10/8/2002	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
10/1/2002	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/30/2002	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/30/2002	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/26/2002		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO; Minutes note: Verification of signature and property .
9/23/2002		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/10/2002		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO; Minutes note:  1. Opinion on whether a Class II notice is needed. 2. Does this file have to go before the City Plan Commission? If so: 3. What is the time frame for that process? attached are copies of the current and previous files relative to this matter.
9/9/2002		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/6/2002	1	CITY CLERK	DRAFT SUBMITTED
9/4/2002		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/4/2002	0	COMMON COUNCIL	ASSIGNED TO

NUMB:

020785

VERS:

SUBSTITUTE 1

REF:

011264

XXBY:

ALD. PRATT

TITL:

A substitute ordinance relating to zoning regulations for existing transmission towers used to transmit or receive television signals.

SECS:

295-413-4 cr

ANLS:

- Analysis -

This ordinance provides that, notwithstanding any other provisions of the zoning code, the height of an existing transmission tower used to transmit or receive television signals may be increased without board of zoning appeals approval of a special use or variance, and without department of city development approval of a limited use, if the amount of the increase does not exceed 15% of the tower's height or 150 feet, whichever is less.  Only one such increase may be permitted without board or department approval.  The ordinance further provides that under no circumstances may the height of a tower so modified exceed 1,275 feet.

BODY:

Whereas, On March 21, 1997, the Common Council adopted File Number 961537, a resolution approving a "Transmission Tower Policy Statement" as part of the comprehensive plan of the City of Milwaukee; and

Whereas, On July 25, 1997, the Common Council passed File Number 970241, an ordinance which made various zoning code amendments intended to implement the adopted "Transmission Tower Policy Statement"; and

Whereas, In adopting these 2 files, the Common Council did not intend to prevent relatively modest  alterations to existing television transmission towers that are necessary to accommodate changing television communications technology, particularly when such technology is needed to provide the best possible service to the citizens of Milwaukee; and

Whereas, The Board of Zoning Appeals' application and interpretation of the transmission tower policy with respect to height modification of existing towers have indicated that clarification of the Common Council's policy and intent in this area is necessary; now, therefore

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 295-413-4 of the code is created to read:

295-413.  Transmission Towers.

4.  HEIGHT MODIFICATIONS TO EXISTING TELEVISION TOWERS.  Notwithstanding any other provisions of this code, the height of any existing transmission tower used for the transmission or reception of television signals as of October 1, 2002, may be increased without board approval of a special use or variance, and without department approval of a limited use, if the amount of the increase does not exceed 15% of the existing tower's height, as measured in accordance with s. 295-205-21, or 150 feet, whichever is less, provided that under no circumstances shall the height of the tower after modification exceed 1,275 feet.  Only one such increase may be permitted to occur without board or department approval.  The zoning status of any tower so modified shall remain the same as it was prior to modification.

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:

DFTR:

LRB02434-1

JDO

9/6/02