City of Milwaukee - File #: 031506

• File #: 031506
• Version: 1
• Type: Ordinance
• Status: Placed On File
• File created: 2/16/2004
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 10/23/2007
• Title: A substitute ordinance relating to required board of zoning appeals findings for the granting of special use permits.
• Sponsors: ALD. BOHL, ALD. NARDELLI, ALD. RICHARDS, ALD. JOHNSON-ODOM, ALD. DAVIS
• Indexes: BOARD OF ZONING APPEALS, ZONING

Date	Ver.	Action By	Action	Result	Tally
12/17/2013	0	COMMON COUNCIL	ASSIGNED TO
12/17/2013	1	COMMON COUNCIL	DRAFT SUBMITTED
11/1/2013		COMMON COUNCIL	REFERRED TO
10/23/2007	1	COMMON COUNCIL	PLACED ON FILE	Pass	13:0
10/11/2007	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0

Number
031506
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. BOHL, NARDELLI, RICHARDS, JOHNSON-ODOM AND DAVIS
Title
A substitute ordinance relating to required board of zoning appeals findings for the granting of special use permits.
Sections
295-311-2-d-1 am
295-311-2-d-2 am
Analysis
This ordinance provides that the board of zoning appeals shall be required to take the following factors into account when determining whether public health, safety and welfare, as well as the use, value and enjoyment of surrounding properties, will be protected if a special use permit is granted:

The proposed use will not create or intensify an overcentration of establishments of the same use type such that the concentration will have, or already has, an adverse impact upon property values or public health, safety and welfare in the neighborhood. Among factors to be considered in terms of impact are litter, noise and traffic, as well as changes in the appearance and character of the neighborhood.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

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

295-311. Appeals.

2. SPECIAL USE PERMITS.

d. Findings.

d-1. Protection of Public Health, Safety and Welfare. The >>proposed<< use will be designed, located and operated in a manner so that the public health, safety and welfare is protected. >>The proposed use will not create or intensify an overcentration of establishments of the same use type in the same neighborhood such that the concentration will have, or already has, an adverse impact upon public health, safety and welfare in the neighborhood. Among factors to be considered in terms of impact are litter, noise and traffic.<<

d-2. Protection of Property. 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 us...