Number
031242
Version
SUBUSTITUTE 1
Reference
Sponsor
ALD. RICHARDS
Title
A substitute ordinance relating to zoning regulations for the filling of land.
Sections
289-3-6 cr
295-311-2-g cr
295-419 cr
Analysis
This ordinance provides that whenever the filling or grading of land will result in an increase in elevation above the existing finished grade, at any location on a lot, that exceeds the maximum allowable height of a wholly opaque fence at that particular location on the lot under the fence height regulations of the relevant zoning district, the filling or grading may only be permitted upon the granting of a special use permit by the board. A permit for the filling or grading may also be required pursuant to existing building code provisions. This ordinance further specifies the items that are required to be included in the plan submitted to the board of zoning appeals along with an application for a filling or grading special use permit.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 289-3-6 of the code is created to read:
289-3. Filling Permits.
6. ZONING PERMIT. In addition to the permit required by this section, a special use permit from the board of zoning appeals may be required for a filling or grading project. A special use permit may be required even if no permit is required by this section. See s. 295-419 for additional information.
Part 2. Section 295-311-2-g of the code is created to read:
295-311. Appeals.
2. SPECIAL USE PERMITS.
g. Filling or Grading of Land. For a filling or grading project for which a special use permit is required by s. 295-419, the applicant shall submit a plan, prepared at a recognized engineering or architectural scale, that includes:
g-1. The existing and proposed topography of the site at a contour interval of 2 feet. All topographic information shall be prepared to city datum by a registered professional engineer or land surveyor.
g-2. The existing and proposed grades of the lot at each corner of the lot, at each corner of any existing or proposed buildings and at the center of the street pavement at the lot lines extended.
g-3. The existing and proposed grades of all driveways and parking lots.
g-4. Drainage patterns, or special drainage devices proposed, as well as spot elevations at the top and bottom of all drainage swales, if applicable.
g-5. Spot elevations of all significant cut and fill areas.
g-6. Locations of existing or proposed buildings.
g-7. Locations and heights of existing and proposed fences.
g-8. Locations of any recorded easements as well as above- or below-ground utilities.
g-9. The date of the plan, the north arrow and graphic scale.
g-10. A schedule for the project indicating the duration of the project, phasing and the proposed handling of interim conditions including, but not limited to, stockpiling of materials and equipment storage.
g-11. The proposed use of the site after the completion of the project.
g-12. The hours of the day and days of the week when the filling or grading activity will occur.
g-13. A description of the measures that will be taken to minimize the impacts, on the surrounding area, of noise, truck traffic and dust generated by the filling or grading activity.
g-14. Any other information as may be reasonably requested by the city.
Part 3. Section 295-419 of the code is created to read:
295-419. Filling or Grading of Land. Whenever the filling or grading of land, as defined in s. 289-1, will result in an increase in elevation above the existing finished grade, at any location on a lot, that exceeds the maximum allowable height of a wholly opaque fence at that particular location on the lot under the fence height regulations of the relevant zoning district, the filling or grading may only be permitted upon the granting of a special use permit by the board. A permit for the filling or grading may also be required pursuant to ch. 289. For purposes of this section, when calculating elevation above existing finished grade, the height of existing or proposed fences shall be included.
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
Drafter
LRB03506-2
JDO
2/24/04