Number
251685
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PEREZ
Title
A substitute ordinance relating to the appeal of certain determinations by the city plan commission.
Section
295-311-10 cr
Analysis
This ordinance establishes a limited right of appeal to the common council for certain decisions of the city plan commission relating to Riverwalk easement and public access requirements imposed in connection with zoning approvals.
An appeal must be filed within 20 days of the commission’s decision and is referred to the zoning, neighborhood and development committee for public hearing and recommendation. The common council may affirm, reverse, or modify the decision only upon specified findings, including lack of substantial evidence in the record or inconsistency with the comprehensive plan or the code of ordinances.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-311-10 of the code is created to read:
295-311. Appeals.
10. APPEALS OF CERTAIN DEVELOPMENT-RELATED DETERMINATIONS. a. Appeal Authorized. Any person aggrieved by a decision of the city plan commission imposing or modifying a riverwalk easement requirement or public access requirement as a condition of a zoning approval under this chapter may appeal that decision to the common council.
b. Filing. An appeal under this subsection shall be filed with the city clerk within 20 days of the date on which the city plan commission made its decision.
c. Criteria for Council Action. The common council may affirm, reverse or modify the decision if it finds one or more of the following:
c-1. The decision is not supported by substantial evidence in the record.
c-2. The decision is inconsistent with the comprehensive plan based upon the record established before the city plan commission.
c-3. The decision is inconsistent with the ordinances.
d. Public Hearing. Upon receipt of an appeal, the city clerk shall refer the matter to the zoning, ...
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