City of Milwaukee - File #: 090396

• File #: 090396
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 7/28/2009
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 10/13/2009
• Effective date: 10/30/2009
• Title: A substitute ordinance relating to zoning district boundary descriptions.
• Sponsors: THE CHAIR
• Indexes: ZONING

Date	Ver.	Action By	Action	Result	Tally
10/29/2009	1	CITY CLERK	PUBLISHED
10/14/2009	1	MAYOR	SIGNED
10/13/2009	1	COMMON COUNCIL	PASSED	Pass	15:0
10/6/2009	1	CITY CLERK	DRAFT SUBMITTED
10/6/2009	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
10/6/2009	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Individual appearing: Al Franitza, Department of City Development Nancy Olson, Information Technology Management Division Ald. Wade moves to accept Proposed Substitute A. Prevailed 5-0.	Pass	5:0
10/1/2009	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/3/2009	0	ZONING CODE TECHNICAL COMMITTEE	HEARING NOTICES SENT
7/30/2009	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
7/28/2009	0	COMMON COUNCIL	ASSIGNED TO

Number

090396

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance relating to zoning district boundary descriptions.

Sections

295-109-3 am

295-109-4 rc

Analysis

This ordinance stipulates that zoning district boundaries shall follow property lines.  A district boundary shall not follow a street, alley or railroad centerline, or a watercourse centerline unless the centerline is also a property line.  These rules shall not apply to the boundaries of overlay zoning districts. 

This ordinance also provides that, if a land combination or division resulting from a right-of-way vacation will result in a lot being located in 2 zoning districts, the commissioner of city development shall assign a single zoning designation to the lot, that designation being the zoning district in which the majority of the lot is located.

Body

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

Part 1.  Section 295-109-3 of the code is amended to read:

295-109.  Zoning Map.

3.  COMBINING OR DIVIDING PROPERTY.  To insure that the zoning of property reflects its suitability for specific uses, the combination or division of lots will only be permitted if the lot or lots created meet the requirements of this chapter and each lot is located wholly within one base zoning district.  >>If a land combination or division resulting from a right-of-way vacation will result in a lot being located in 2 zoning districts, the commissioner shall assign a single zoning designation to the lot, that designation being the zoning district in which the majority of the lot is located.<<

Part 2.  Section 295-109-4 of the code is repealed and recreated to read:

4.  DISTRICT BOUNDARIES.  The following rules shall be used to establish the precise location of any zoning district boundary line shown on the zoning map:

a.  Except as provided in par. c, every district boundary line shall coincide with a property line.  The centerlines of streets, alleys, railroads and watercourses shall not be district boundary lines except that, in the case of a watercourse, if the centerline of the watercourse is a property line, the centerline may also be a district boundary line.   

b.  If a street, alley or other public right-of-way is vacated, the vacated land will assume the zoning of the adjoining parcel, as determined by the commissioner.

c.  The boundaries of an overlay zone established pursuant to subch. 10 need not coincide with property lines.

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

LRB09284-2

JDO

09/16/2009