City of Milwaukee - File #: 240371

• File #: 240371
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 7/2/2024
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 12/17/2024
• Effective date: 1/9/2025
• Title: A substitute ordinance relating to the notification requirements for matters appearing before the board of zoning appeals.
• Sponsors: ALD. SPIKER, ALD. STAMPER, ALD. JACKSON, ALD. ZAMARRIPA, ALD. BAUMAN
• Indexes: BOARD OF ZONING APPEALS, PUBLIC MEETINGS

Date	Ver.	Action By	Action	Result	Tally
1/8/2025	1	CITY CLERK	PUBLISHED
12/17/2024	1	COMMON COUNCIL	PASSED	Pass	14:0
12/10/2024	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: This item was taken out of order after item 2, CCFN 241078. Appearing: Ald. Scott Spiker, 13th Ald. Dist. India Gaar, BOZA Sam Leichtling, DCD This ordinance provides that written (mail) notice of a board of zoning appeals public hearing on a special use permit or variance request shall be provided at least 7 days prior to the hearing. No timeframe is currently specified in the code. The ordinance also provides that this notice shall be provided to all property owners in the area within 250 feet of the property for which the special use permit or variance is requested. The code currently specifies distances of 200 feet (for special use permits) or 150 feet (for variances). Finally, this ordinance adds a requirement that notice be provided to all mailing addresses within the 250-foot area. Mr. Leichtling said there was favorable recommendation from the Zoning Code Technical Committee and the City Plan Commission. Ms. Gaar said she was in support. Members advised to consider adding bilingual staff and provide notices translated in Spanish in the future. Ald. Stamper, Jackson, Zamarripa, and Bauman added as cosponsors.	Pass	4:0
12/2/2024	1	CITY PLAN COMMISSION	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Mr. Leichtling presented. Appearing: Ald. Scott Spiker, 13th Ald. Dist. India Gaar, BOZA This ordinance provides that written (mail) notice of a board of zoning appeals public hearing on a special use permit or variance request shall be provided at least 7 days prior to the hearing. No timeframe is currently specified in the code. The ordinance also provides that this notice shall be provided to all property owners in the area within 250 feet of the property for which the special use permit or variance is requested. The code currently specifies distances of 200 feet (for special use permits) or 150 feet (for variances). Finally, this ordinance adds a requirement that notice be provided to all mailing addresses within the 250-foot area. Ms. Gaar said that her office can meet the additional mailing requirement with a full staffing level. No other public testimony. Vice-chair Nemec moved approval, seconded by member Smith. (Prevailed 6-0)	Pass	6:0
11/15/2024	1	CITY CLERK	PUBLISHED
11/12/2024	1	CITY CLERK	DRAFT SUBMITTED
7/12/2024	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
7/12/2024	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
7/2/2024	0	COMMON COUNCIL	ASSIGNED TO

Number
240371
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. SPIKER, STAMPER, JACKSON, ZAMARRIPA AND BAUMAN
Title
A substitute ordinance relating to the notification requirements for matters appearing before the board of zoning appeals.
Section
295-311-2-b am
295-311-3-b am
Analysis
This ordinance provides that written (mail) notice of a board of zoning appeals public hearing on a special use permit or variance request shall be provided at least 7 days prior to the hearing. No timeframe is currently specified in the code.

The ordinance also provides that this notice shall be provided to all property owners in the area within 250 feet of the property for which the special use permit or variance is requested. The code currently specifies distances of 200 feet (for special use permits) or 150 feet (for variances).

Finally, this ordinance adds a requirement that notice be provided to all mailing addresses within the 250-foot area.

Body

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

Part 1. Section 295-311-2-b of the code is amended to read:

295-311. Appeals.

2. SPECIAL USE PERMITS.

b. Public Hearing. Prior to making a determination with respect to a special use permit request, the board shall hold a public hearing and provide, by mail >>and at least 7 days prior to the hearing<< , written notice of the hearing to the petitioner, at the address provided on the special use permit application, and to owners of property under consideration and owners of property immediately surrounding and within at least [[200]] >>250<< feet thereof, inclusive of streets and alleys, as listed in the office of the city assessor >>, as well as to all mailing addresses in the same area<< . Such notice shall state that the board will be considering and conducting a public hearing on a request for a special use permit, and shall otherwise be in accordance with s. 19.84, Wis. Stats.

Part 2. Section 295-311-3-b of the code is am...