Number
070231
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to board of zoning appeals and city plan commission consideration of applications for approval of various zoning-related matters.
Sections
295-307-3-a am
295-311-2-a am
295-311-3-a am
295-313 cr
295-907-2-b-10 cr
295-907-2-c-13 cr
295-1007-2-f am
Analysis
This ordinance requires that each applicant for a zoning map amendment (except most overlay zones), planned development approval, use variance or special use permit submit to the city plan commission or the board of zoning appeals, as the case may be, a signed affidavit indicating whether the applicant is:
1. Delinquent in the payment of any property tax, special assessment, special charge or special tax due to the city, provided that all appeals of the tax, assessment or charge have been concluded or the time to appeal has expired.
2. A party against whom the city has an outstanding judgment, provided that all appeals of the judgment have been concluded or the time to appeal has expired.
3. A party against whom the city has outstanding health or building and zoning code violations or orders from the commissioner of health or commissioner of neighborhood services that are not actively being abated, provided that all appeals of orders to correct violations have been concluded or the time to appeal has expired.
4. A party who has been convicted of violating an order of the commissioner of health or commissioner of neighborhood services within the past year, provided that all appeals of the conviction have been concluded or the time to appeal has expired.
5. The owner of a premises found to be in violation of s. 80-10 to whom the commissioner of neighborhood services has charged the costs of police enforcement, pursuant to s. 80-10-4, provided that all appeals of these charges have been concluded or the time to appeal has expired.
If the applicant for approval of the zoning matter is a corporation, partnership, limited liability company or nonstock corporation, the affidavit shall be submitted by a duly authorized officer or director of the corporation, a duly authorized partner, general partner or limited partner of the partnership, a duly authorized member or manager of the limited liability company, or a duly authorized officer or director of the nonstock corporation. Such affidavit shall attest to whether each officer, director and major shareholder of the corporation, each partner, general partner and limited partner of the partnership, each member and manager of the company, or each officer and director of the nonstock corporation has delinquent property taxes, unpaid judgments, outstanding code violations, etc.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-307-3-a of the code is amended to read:
295-307. Amendments to the Zoning Text or Map.
3. PROCEDURE FOR MAP AMENDMENT.
a. Introduction of Map Amendment. Upon receipt of a valid application >>,the affidavit required by s. 295-313<< and the required fee, a valid petition >>, the affidavit required by s. 295-313<< and the required fee >>,<< or a motion of common council, the department shall prepare an ordinance and map representing the requested amendment.
Part 2. Section 295-311-2-a of the code is amended to read:
295-311. Appeals.
2. SPECIAL USE PERMITS.
a. Application. Every application for a special use permit shall be made upon a form which has been furnished by the board secretary and approved by the board. The applicant shall provide all information requested on the form >>, the affidavit required by s. 295-313<< and any additional information requested by the board chair or secretary that is necessary to inform the board of the facts of the request.
Part 3. Section 295-311-3-a of the code is amended to read:
3. VARIANCES.
a. Application. Every application for a variance shall be made upon a form which has been furnished by the board secretary and approved by the board. The applicant shall provide all information requested on the form and any additional information requested by the board chair or secretary that is necessary to inform the board of the facts of the variance request. >>In the case of a use variance, the applicant shall also submit the affidavit required by s. 295-313.<<
Part 4. Section 295-313 of the code is created to read:
295-313. Affidavits Required for Various Zoning-Related Applications. 1. POLICY. Each applicant for a zoning map amendment or approval of a planned development, and each applicant for a use variance or special use permit, shall submit to the city plan commission or the board of zoning appeals, as the case may be, a signed affidavit indicating whether the applicant is:
a. Delinquent in the payment of any property tax, special assessment, special charge or special tax due to the city, provided that all appeals of the tax, assessment or charge have been concluded or the time to appeal has expired.
b. A party against whom the city has an outstanding judgment, provided that all appeals of the judgment have been concluded or the time to appeal has expired.
c. A party against whom the city has outstanding health or building and zoning code violations or orders from the commissioner of health or commissioner of neighborhood services that are not actively being abated, provided that all appeals of orders to correct violations have been concluded or the time to appeal has expired.
d. A party who has been convicted of violating an order of the commissioner of health or commissioner of neighborhood services within the past year, provided that all appeals of the conviction have been concluded or the time to appeal has expired.
e. The owner of a premises found to be in violation of s. 80-10 to whom the commissioner of neighborhood services has charged the costs of police enforcement, pursuant to s. 80-10-4, provided that all appeals of these charges have been concluded or the time to appeal has expired.
2. NON-INDIVIDUAL APPLICANTS. a. Corporations. If the applicant is a corporation, a duly authorized officer or director of the corporation shall submit the affidavit required by sub. 1. The affidavit shall attest to whether each officer and director of the corporation, as well as each shareholder owning 5% or more of voting stock, fits any of the descriptions in sub. 1-a to e.
b. Partnerships. If the applicant is a partnership or limited partnership, a duly authorized partner, general partner or limited partner shall submit the affidavit required by sub. 1. The affidavit shall attest to whether each partner, general partner and limited partner fits any of the descriptions in sub. 1-a to e.
c. Limited Liability Companies. If the applicant is a limited liability company, a duly authorized member or manager of the company shall submit the affidavit required by sub. 1. The affidavit shall attest to whether each member and manager of the company fits any of the descriptions in sub. 1-a to e.
d. Nonstock Corporations. If the applicant is a nonstock corporation, a duly authorized officer or director of the corporation shall submit the affidavit required by sub. 1. The affidavit shall attest to whether each officer and director of the corporation fits any of the descriptions in sub. 1-a to e.
3. EXCEPTION. The affidavit requirement of sub. 1 shall not apply to any zoning map amendment request relating to an overlay zone other than a request for creation or amendment of a development incentive overlay zone.
Part 5. Section 295-907-2-b-10 of the code is created.
295-907. Planned Development District (PD/DPD).
2. PROCEDURES.
b. Application Requirements; General Plan.
b-10. The affidavit required by s. 295-313.
Part 6. Section 295-907-2-c-13 of the code is created to read:
c. Application Requirements; Detailed Plan.
c-13. The affidavit required by s. 295-313.
Part 7. Section 295-1007-2-f of the code is amended to read:
295-1007. Development Incentive Overlay Zone (DIZ).
2. PROCEDURES.
f. Amendment of Zone Boundaries. Amendment of the boundaries of a development incentive overlay zone shall only be initiated by a motion of the common council or by a petition submitted to the common council [[and]] >>,<< signed by owners of 50% or more of the area of all land included in the zone >>and accompanied by the affidavit required by s. 295-313<< . Following passage of the common council motion or the department’s receipt of a petition, the proposed boundary amendment shall be considered by the plan commission and common council in accordance with the zoning map amendment procedure in s. 295-307-3.
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
LRB07276-3
JDO
06/18/2007