NUMB:
980243
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. D'AMATO AND HENNINGSEN
TITL:
A substitute ordinance relating to the procedures for reviewing variances and special uses.
SECS:
295-59-5 rc
295-59-5.5 cr
295-59-6-e cr
ANLS:
- Analysis -
This ordinance eliminates the requirement that, for most special uses, the board of zoning appeals may make a determination only after receiving a report from the city plan commission. In place of the plan commission report requirement, this ordinance provides that no special use shall be granted unless the board has received a report of any comments, concerns or recommendations relating to the proposed special use from the department of public works, the department of city development, the department of building inspection and the common council member in whose district the special use would be located. A similar requirement is also created for the board's variance review procedure. However, for both special uses and variances, the board may act on a request regardless of whether reports were received from the specified parties provided that 30 days have elapsed since the date the board notified these parties that a completed special use or variance application had been received.
This ordinance also increases the minimum required distance for identifying property owners to be notified of a board hearing on a variance or special use request from 100 feet to 150 feet.
This ordinance further changes the findings that the board is required to make when deciding a special use request to the following:
a. The use will be designed, located and operated in a manner so that the public health, safety and welfare is protected.
b. The use, value and enjoyment of other property in the neighborhood will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use.
c. Adequate measures have been or will be taken to provide safe pedestrian and vehicular ac...
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