City of Milwaukee - File #: 040633

• File #: 040633
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 9/1/2004
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 11/3/2004
• Effective date: 11/20/2004
• Title: An ordinance relating to the granting of use variances by the board of zoning appeals.
• Sponsors: THE CHAIR
• Indexes: BOARD OF ZONING APPEALS, VARIANCES, ZONING

Date	Ver.	Action By	Action	Result	Tally
11/19/2004	0	CITY CLERK	PUBLISHED
11/11/2004	0	MAYOR	SIGNED
11/3/2004	0	COMMON COUNCIL	PASSED	Pass	15:0
10/19/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Clifton Crump appeared and addressed the Committee.	Pass	5:0
10/14/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/14/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/1/2004	0	CITY CLERK	PUBLISHED; Minutes note: This file is being publsihed on 10/01/04 and 10/08/04 for a CPC Mtg. on 10/18/04 at 3:05 p.m.
9/3/2004		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/1/2004	0	COMMON COUNCIL	ASSIGNED TO

Number

040633

Version

ORIGINAL

Reference

Sponsor

THE CHAIR

Title

An ordinance relating to the granting of use variances by the board of zoning appeals.

Sections

200-33-65-a am

200-33-65-b am

200-33-65-c rn

200-33-65-c cr

200-33-65-d rn

200-33-65-e rn

200-33-65-f rn

200-33-65-g rn

200-33-65-h rn

200-33-65-i rn

200-33-65-j rn

200-33-65-k rn

200-33-65-L rn

295-201-675 am

295-201-676 cr

Analysis

This ordinance creates separate definitions for the zoning terms "dimensional variance" and "use variance".  It further creates a fee schedule for use variance applications filed with the board of zoning appeals.  This fee schedule is based on the square footage of the lot for which the use variance is requested.

Body

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

Part 1.  Section 200-33-65-a of the code is amended to read:

200-33.  Fees.

65.  ZONING, BOARD OF APPEALS.

a.  [[Preapplication]] >>Notice of appeal and application for review<< fee:  $100.  An applicant filing under this subsection shall pay a [[preapplication]] >>filing<< fee which shall be applied as a credit toward any action requested by an applicant under pars. b to m.  The preapplication fee is not refundable.

Part 2.  Section 200-33-65-b of the code is amended to read:

b.  >>Dimensional<< variances:  $100 per variance requested.

Part 3.  Section 200-33-65-c to L is renumbered 200-33-65-d to m.

Part 4.  Section 200-33-65-c of the code is created to read:

c.  Use variances (per variance requested), based on lot area:

c-1.  0-10,000 square feet: $300.

c-2.  10,001-20,000 square feet: $600.

c-3.  Over 20,000 square feet: $900.

Part 5.  Section 295-201-675 of the code is amended to read:

295-201.  Definitions.

675.  [[VARIANCE]] >>VARIANCE, DIMENSIONAL<< means permission from the board to depart from >>any of<< the literal requirements of this chapter >>except use regulations<< .

Part 6.  Section 295-201-676 of the code is created to read:

676.  VARIANCE, USE means permission from the board to depart from any of the use regulations of this chapter.

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

Board of Zoning Appeals

Drafter

LRB04139-1

JDO

08/02/04