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File #: 980696    Version:
Type: Ordinance Status: Passed
File created: 9/1/1998 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 12/18/1998
Effective date: 1/9/1999    
Title: A substitute ordinance relating to zoning regulations for motor vehicle repair, service or maintenance on property used for residential purposes.
Sponsors: ALD. BUTLER
Indexes: MOTOR VEHICLES, ZONING
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/8/19991 CITY CLERK PUBLISHED   Action details Meeting details Not available
12/23/19981 MAYOR SIGNED   Action details Meeting details Not available
12/18/19981 COMMON COUNCIL PASSEDPass16:0 Action details Meeting details Not available
12/15/19981 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Note: Add Ald. Butler as cosponsor.		Pass5:0 Action details Meeting details Not available
11/23/19981 CITY CLERK PUBLISHED

Minutes note: This file is being published for a CPC Mtg. on December 7, 1998 at 2:00 p.m.		   Action details Meeting details Not available
11/17/19980 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Not available
11/12/19981 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
10/27/19980 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass4:0 Action details Meeting details Not available
10/15/19980 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/2/1998  ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/1/19980 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

NUMB:

980696

VERS:

SUBSTITUTE 1

REF:

 

XXBY:

ALD. BUTLER

TITL:

A substitute ordinance relating to zoning regulations for motor vehicle repair, service or maintenance on property used for residential purposes.

SECS:

295-14-19 cr

295-112-17-c cr

295-122-17-c cr

295-132-17-c cr

295-212-17 rc

295-222-17 rc

295-312-17 rc

295-322-17 rc

295-332-17 am

295-342-17 am

295-412-17 am

295-422-17 am

295-432-17 am

295-442-17 am

295-452-17 am

295-462-17 rc

295-472-17 rc

295-512-17 am

295-522-17 am

295-622-17 am

ANLS:

- Analysis -

 

This ordinance requires motor vehicle repair, service or maintenance activity on a lot used for residential purposes to meet the following conditions whenever there is no certificate of occupancy for such motor vehicle uses:

 

a. The motor vehicle repaired, serviced or maintained is owned by a person who resides on the lot.

 

b. Not more than one motor vehicle shall be repaired, serviced or maintained at any one time.

 

c. The removal of any vehicle components, including but not limited to engines, transmissions, radiators, wheel assemblies, doors and hoods, shall be performed only within an enclosed garage and out of view of the general public. All vehicle parts shall be stored within an enclosed garage.

 

d. Motor vehicle body bumping and painting shall be permitted only if a certificate of occupancy for motor vehicle body bumping and painting on the premises has been issued by the department.

 

This ordinance further provides that motor vehicle repair, service or maintenance activity which is conducted on a lot used for residential purposes and which meets these conditions is a permitted, accessory use in all zoning districts except the parking, lakefront, flood plain and shoreland-wetland districts.

 

 

BODY:

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

 

Part 1. Section 295-14-19 of the code is created to read:

 

295-14. Special Conditions.

 

19. MOTOR VEHICLE REPAIR, SERVICE OR MAINTENANCE ON LOTS USED FOR RESIDENTIAL PURPOSES. No motor vehicle repair, service or maintenance shall be permitted on any lot used wholly or in part for residential purposes without a certificate of occupancy for such motor vehicle uses, unless the following conditions are met:

 

a. The motor vehicle repaired, serviced or maintained is owned by a person who resides on the lot.

 

b. Not more than one motor vehicle shall be repaired, serviced or maintained at any one time.

 

c. The removal of any vehicle components, including but not limited to engines, transmissions, radiators, wheel assemblies, doors and hoods, shall be performed only within an enclosed garage and out of view of the general public. All parts or vehicle components shall be stored within an enclosed garaged and kept out of view of the general public. Junk yards shall not be permitted.

 

d. Motor vehicle body bumping and painting, as defined in s. 295-7-111, shall be permitted only if a certificate of occupancy for motor vehicle body bumping and painting on the premises has been issued by the department.

 

Part 2. Section 295-112-17-c of the code is created to read:

 

295-112. Permitted Uses.

 

17. ACCESSORY.

 

c. Motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 3. Section 295-122-17-c of the code is created to read:

 

295-122. Permitted Uses.

 

17. ACCESSORY.

 

c. Motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 4. Section 295-132-17-c of the code is created to read:

 

295-132. Permitted Uses.

 

17. ACCESSORY.

 

c. Motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 5. Section 295-212-17 of the code is repealed and recreated to read:

 

295-212. Permitted Uses.

 

17. ACCESSORY. Accessory uses which are not detrimental to the residential character of the neighborhood by reason of the emission of odor, smoke, dust or noise, or the open storage of materials or equipment, including but not limited to:

 

a. Not more than 2 roomers.

 

b. Motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 6. Section 295-222-17 of the code is repealed and recreated to read:

 

295-222. Permitted Uses.

 

17. ACCESSORY. Accessory uses which are not detrimental to the residential character of the neighborhood by reason of the emission of odor, smoke, dust or noise, or the open storage of materials or equipment, including but not limited to:

 

a. Not more than 2 roomers.

 

b. Motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 7. Section 295-312-17 of the code is repealed and recreated to read:

 

295-312. Permitted Uses.

 

17. ACCESSORY. Accessory uses, including but not limited to:

 

a. Not more than 2 roomers.

 

b. Motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 8. Section 295-322-17 of the code is repealed and recreated to read:

 

295-322. Permitted Uses.

 

17. ACCESSORY. Accessory uses, including but not limited to:

 

a. Not more than 2 roomers.

 

b. Motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 9. Section 295-332-17 of the code is amended to read:

 

295-332. Permitted Uses.

 

17. ACCESSORY. Accessory uses >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 10. Section 295-342-17 of the code is amended to read:

 

295-342. Permitted Uses.

 

17. ACCESSORY. Accessory uses >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 11. Section 295-412-17 of the code is amended to read:

 

295-412. C9A (High Density Residential): Permitted Uses.

 

17. ACCESSORY. Accessory uses exclusive or signs which are not detrimental to the residential character of the neighborhood by reason of the emission of odor, smoke, dust or noise, or the open storage of materials or equipment >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 12. Section 295-422-17 of the code is amended to read:

 

295-422. C9B (Residential and Specialty Use): Permitted Uses.

 

17. ACCESSORY. Accessory uses exclusive of signs >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 13. Section 295-432-17 of the code is amended to read:

 

295-432. C9C (Neighborhood Retail): Permitted Uses.

 

17. ACCESSORY. Accessory uses exclusive of signs >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 14. Section 295-442-17 of the code is amended to read:

 

295-442. C9D (Civic Activity): Permitted Uses.

 

17. ACCESSORY. Accessory uses exclusive of signs >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 15. Section 295-452-17 of the code is amended to read:

 

295-452. C9E (Major Retail): Permitted Uses.

 

17. ACCESSORY. Accessory uses exclusive of signs >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 16. Section 295-462-17 of the code is repealed and recreated to read:

 

295-462. C9F (Office and Service): Permitted Uses.

 

17. ACCESSORY. Accessory uses exclusive of signs, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 17. Section 295-472-17 of the code is repealed and recreated to read:

 

295-472. C9G (Mixed Activity): Permitted Uses.

 

17. ACCESSORY. Accessory uses exclusive of signs, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19.

 

Part 18. Section 295-512-17 of the code is amended to read:

 

295-512. Permitted Uses.

 

17. ACCESSORY. Accessory uses >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

 

Part 19. Section 295-522-17 of the code is amended to read:

 

295-522. Permitted Uses.

 

17. ACCESSORY. Accessory uses >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-18<<.

 

Part 20. Section 295-622-17 of the code is amended to read:

 

295-622. Permitted Uses.

 

17. ACCESSORY. Accessory uses >>, including but not limited to motor vehicle repair, service or maintenance on a lot used for residential purposes, subject to s. 295-14-19<<.

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:

Department of Building Inspection

DFTR:

LRB98243.2

JDO

11/11/98

 

 

 

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