Number
970230
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. GORDON
Title
A substitute ordinance relating to notification requirements for board of zoning appeals hearings on special use requests for correctional facilities and community living arrangements and to restrictions on the issuance of special use permits for such facilities.
Sections
295-311-2-g cr
Analysis
This ordinance provides that, whenever a special use permit is requested for a community living arrangement or a correctional facility, written notice of the board of zoning appeals hearing shall be mailed to all owners of property within a one-quarter-mile radius of the location of the proposed facility. It further provides that no special use permit for a community living arrangement or a correctional facility shall be granted whenever the board receives a written petition of opposition signed by owners of 20% or more of the land within 100 feet of the facility.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-311-2-g of the code is created to read:
295-311. Appeals.
2. SPECIAL USE PERMITS.
g. Additional Requirements for Community Living Arrangements and Correctional Facilities. In the case of a request for a special use permit for a community living arrangement or a correctional facility, written notice of the board hearing shall be mailed to all owners of property within a one-quarter-mile radius of the location of the proposed facility. No special use permit shall be granted whenever the board receives a petition opposing the special use permit duly signed and acknowledged by the owners of 20% or more of the land immediately adjacent to the property for which the special use permit is sought and 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.
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
LRB97332-3
JDO
1/14/03