City of Milwaukee - File #: 040464

• File #: 040464
• Version: 0
• Type: Ordinance
• Status: Placed On File
• File created: 7/27/2004
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 11/3/2004
• Title: An ordinance relating to the procedure for creation of interim study overlay zones.
• Sponsors: ALD. ZIELINSKI
• Indexes: ZONING

Date	Ver.	Action By	Action	Result	Tally
11/3/2004	0	COMMON COUNCIL	PLACED ON FILE	Pass	15:0
9/21/2004	0	COMMON COUNCIL	NOT RETURNED BY CITY ATTORNEY	Pass
9/15/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Passage is contingent upon the approval by the Zoning Code Technical Committee. Prevailed.	Pass	5:0
9/8/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/8/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
8/27/2004	0	CITY CLERK	PUBLISHED; Minutes note: This file is being published 8/27/04 and 9/3/04 for a CPC Mtg. on 9/13/04 at 2:00 p.m.
7/27/2004	0	COMMON COUNCIL	ASSIGNED TO
7/23/2004		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
7/23/2004		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO

Number

040464

Version

ORIGINAL

Reference

Sponsor

ALD. ZIELINSKI

Title

An ordinance relating to the procedure for creation of interim study overlay zones.

Sections

295-1005-2-a

Analysis

The original intent of the interim study overlay zone designation was to provide a mechanism, other than a development moratorium, to prevent potentially inappropriate development from occurring before the city is able to prepare an area-specific comprehensive plan element.  However, the current zoning code requires that, before an interim study overlay zone may be created for a particular location, that location must be in an area for which an area-specific comprehensive plan element has been adopted by the city plan commission.  This ordinance changes the procedure for creation of an interim study overlay zone to require only that preparation of the area-specific comprehensive plan element be authorized or underway, rather than completed.  

Body

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

Part 1.  Section 295-1005-2-a of the code is amended to read:

295-1005.  Interim Study Overlay Zone (IS).

2.  PROCEDURES.

a.  Creation.  Creation of an interim study overlay zone shall be by amendment to the zoning map, pursuant to s. 295-307, and may occur only in a location for which an area-specific comprehensive plan element [[has been adopted]] >>is scheduled to be prepared or is currently being prepared<< by the city plan commission.

Drafter

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

LRB04286-1

JDO

07/20/04