Number
081573
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WITKOWSKI, BAUMAN AND WADE
Title
A substitute ordinance relating to amending planting standards in certain portions of the public right-of-way.
Sections
116-54-3 rn
116-54-3 cr
116-54-4 rn
200-24-1 am
245-4-30 cr
Analysis
This ordinance clarifies the use of landscaping edging related to planting standards in certain portions of the public right-of-way. It also requires that the edging be 1 ½ feet from both the curb and sidewalk and be no higher than 6 inches. It allows landscaping edging as a permissible projection and encroachment. No building code permit is required for installation of edging.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 116-54-3 and 4 of the code is renumbered 116-54-4 and 5.
Part 2. Section 116-54-3 of the code is created to read:
116-54. Planting of Flowers in the Public Right-of-Way.
3. LANDSCAPING EDGING. Decorative landscaping edging is permitted in the public right-of-way if it is 1 ½ feet from both the curb and the sidewalk. It may not obstruct or encroach upon the curb or sidewalk, block sight lines to the street, be higher than 6 inches or potentially create a trip hazard on the sidewalk or roadway.
Part 3. Section 200-24-1 of the code is amended to read:
200-24. Permits Required. 1. REQUIRED. No person may erect, construct, enlarge, alter, repair, move, improve, convert to new uses, raze or demolish any building or structure, nor install therein any equipment, occupy and use any building, structure, equipment or premises or cause the same to be done or commence any excavation on any premises without first obtaining a permit from the commissioner of city development and paying the fee as prescribed by this code. Permits may be issued at the discretion of the commissioner of city development to persons in arrears of payment of any fees specified in ss. 200-32 and 200-33 or persons who have failed to comply with any outstanding order of the department if the permit is required to comply with an outstanding order or citation. No permit applied for under this subchapter may be issued unless the applicant has first complied with s. 66-12-5, with respect to submitting an asbestos project statement. >> A permit is not required for decorative landscaping edging as regulated in s. 116-54-3.<<
Part 4. Section 245-4-30 of the code is created to read:
245-4. Permissible Projections and Encroachments.
30. Decorative landscaping edging is permitted in the public right-of-way as regulated in s. 116-54.
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
MET
4/3/09
LRB09095-2