Number
061158
Version
ORIGINAL
Reference
Sponsor
ALD. D’AMATO
Title
An ordinance relating to the zoning code technical committee.
Sections
295-307-7 rc
Analysis
This ordinance makes the following changes to the zoning code provisions relating to the zoning code technical committee:
1. The city clerk shall simultaneously refer a proposed zoning code text amendment to the city plan commission and the zoning code technical committee. Current code does not explicitly specify simultaneous referral.
2. The city plan commission may hold a public hearing and make a report and recommendation on a proposed zoning text amendment without a report from the zoning code technical committee. Current code requires the plan commission to receive a report from the zoning code technical committee before submitting its report and recommendation to the zoning, neighborhoods and development committee.
3. Staff for the zoning code technical committee shall be provided by the city clerk’s office. Current code does not specify staffing for the committee.
4. The zoning code technical committee’s report to the zoning, neighborhoods and development committee shall consist of the committee’s findings with respect to the 3 existing review criteria (legality and enforceability, administrative efficiency, and consistence with the format of the zoning code), as well as any recommended changes to the proposed zoning text amendment.
5. If more than 30 days have elapsed since the date on which a proposed zoning text amendment was referred to the zoning code technical committee by the city clerk, the zoning, neighborhoods and development committee may make a recommendation regarding the proposed amendment to the common council without first receiving a report from the zoning code technical committee. Current code requires that the zoning, neighborhoods and development committee receive a report from the zoning code technical committee before making a recommendation to the common council.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-307-7 of the code is repealed and recreated to read:
295-307. Amendments to the Zoning Text or Map.
7. PROCEDURE FOR TEXT AMENDMENT.
a. Referral of Text Amendment. Upon introduction of an ordinance to amend zoning code text to the common council, the city clerk shall simultaneously refer the ordinance to the city plan commission and to the zoning code technical committee.
b. Zoning Code Technical Committee. b-1. Composition. The zoning code technical committee shall be composed of one representative each from the city attorney’s office, the department of neighborhood services, the department of city development and the legislative reference bureau, designated by the respective agency heads. The representative of the legislative reference bureau shall serve as chair of the committee.
b-2. Staff. Staff for the zoning code technical committee shall be provided by the city clerk’s office.
b-3. Procedure. The zoning code technical committee shall review each proposed zoning text amendment referred to it for legality and enforceability, administrative efficiency, and consistence with the format of the zoning code. Within 30 days of the date on which the city clerk refers the proposed text amendment to the committee, the committee shall provide a report of its findings with respect to these 3 criteria, as well as any recommended changes to the proposed amendment, to the zoning, neighborhoods and development committee.
c. City Plan Commission. The city plan commission shall hold a class 2 public hearing on the proposed zoning text amendment and, after receiving a report from the department, submit its report and recommendation to the zoning, neighborhoods and development committee.
d. Zoning, Neighborhoods and Development Committee. Following receipt of reports from the city plan commission and the zoning code technical committee, the zoning, neighborhoods and development committee shall prepare a recommendation for the common council. The zoning, neighborhoods and development committee may provide a recommendation to the common council prior to receipt of a report from the zoning code technical committee if the 30-day period described in par. b-3 has lapsed.
e. Common Council. Upon receipt of the report of the zoning, neighborhoods and development committee, the council shall either approve or disapprove the text amendment or refer the amendment back to the zoning, neighborhoods and development committee for additional consideration.
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
LRB06581-1
JDO
12/07/2006