NUMB:
980133
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. KALWITZ
TITL:
A substitute ordinance relating to common council procedures for zoning changes in cases of signed protests against proposed changes.
SECS:
295-61-2 am
ANLS:
- Analysis -
Currently the Milwaukee code requires a 3/4 vote of all common council members for zoning changes in cases of valid signed protests against proposed changes. This ordinance amends the 3/4 vote by specifying that the 3/4 vote pertains to council members voting on the proposed change, thus conforming to statutory provisions governing local zoning procedures. It also requires a protest, or any modification to a protest, to be submitted no later than 48 hours prior to the date of common council action on the proposed change.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-61-2 of the code is amended to read:
295-61. Changes in Districts and Regulations.
2. BY PETITION. Whenever the owners of 50% or more of the frontage in any district or part thereof present a petition duly signed and acknowledged to the council requesting an amendment, supplement or change in the regulations prescribed for such district or part thereof, the council shall vote on the petition within 90 days after the filing of the petition with the city clerk. In case of a protest against a proposed change, duly signed and acknowledged by the owners of 20% or more of the areas of the land included in the proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of the opposite land, the amendment shall not become effective except by the favorable vote of at least three-fourths of the members of the council >>voting on the proposed change. A protest against a proposed change, or any modification to a protest, shall be submitted no later than 48 hours prior to the date of common council action on the proposed change<<.
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:
98131-4
BJZ:bsw
12/15/98