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File #: 140840    Version: 0
Type: Ordinance Status: Placed On File
File created: 9/23/2014 In control: COMMON COUNCIL
On agenda: Final action: 10/14/2014
Effective date:    
Title: An ordinance relating to the scheduling of matters for public hearings before the board of zoning appeals.
Sponsors: ALD. BOHL
Indexes: BOARD OF ZONING APPEALS
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/14/20140 COMMON COUNCIL PLACED ON FILEPass14:0 Action details Meeting details Video Video
10/7/20140 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PLACING ON FILEPass5:0 Action details Meeting details Not available
10/1/20140 ZONING CODE TECHNICAL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/1/20140 ZONING CODE TECHNICAL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/30/20140 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/30/20140 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/30/20140 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/25/20140 ZONING CODE TECHNICAL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/25/20140 ZONING CODE TECHNICAL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/25/20140 ZONING CODE TECHNICAL COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/24/20140 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO

Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note. Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Chris Lee at 286-2232 or clee@milwaukee.gov
   Action details Meeting details Not available
9/24/20140 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO

Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note. Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Chris Lee at 286-2232 or clee@milwaukee.gov
   Action details Meeting details Not available
9/23/20140 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
140840
Version
ORIGINAL
Reference
 
Sponsor
ALD. BOHL
Title
An ordinance relating to the scheduling of matters for public hearings before the board of zoning appeals.
Sections
295-311-2-b             am
295-311-3-b            am
295-311-5-e            am
295-311-6-f            am
Analysis
This ordinance provides that no public hearing on an application for a special use permit, variance or appeal shall be scheduled for a public hearing by the board of zoning appeals or board staff until a complete application and all other required forms and documents have been filed with the board secretary.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 295-311-2-b 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, 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 feet thereof, inclusive of streets and alleys, as listed in the office of the city assessor. [[Such]] >>The<< 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. >>No public hearing shall be scheduled by the board or board staff until a complete application and all other required forms and documents have been filed with the board secretary.<<
 
Part 2.  Section 295-311-3-b of the code is amended to read:
 
3.  VARIANCES.
 
b.  Public Hearing.  Prior to making a determination with respect to a variance request, the board shall hold a public hearing and provide, by mail, written notice of the hearing to the petitioner, at the address provided on the variance application, and to owners of property immediately surrounding and within at least 150 feet thereof, inclusive of streets and alleys, as listed in the office of the city assessor.  [[Such]] >>The<< notice shall state that the board will be considering and conducting a public hearing on a request for a variance, and shall otherwise be in accordance with s. 19.84, Wis. Stats. In the case of a fence variance, written notice of the hearing need only be provided to owners of abutting properties, to the owner of the property determined by the department to be directly across the street from the premises, and to owners of properties on each corner opposite the premises if the property to which the variance would apply is a corner lot.  >>No public hearing shall be scheduled by the board or board staff until a complete application and all other required forms and documents have been filed with the board secretary.<<
 
Part 3.  Section 295-311-5-e of the code is amended to read:
 
5.  APPEALS OF ADMINISTRATIVE DECISIONS.
 
e.  Public Hearing.  The board shall establish a reasonable time for the hearing of the appeal and give public notice thereof, as well as due notice to the interested parties.  >>No public hearing shall be scheduled by the board or board staff until a complete application and all other required forms and documents have been filed with the board secretary.<<
 
Part 4.  Section 295-311-6-f of the code is amended to read:
 
6.  APPEALS OF ORDERS.
 
f.  Public Hearing.  The board shall establish a reasonable time for the hearing of the appeal and give public notice thereof, as well as due notice to the interested parties.  >>No public hearing shall be scheduled by the board or board staff until a complete application and all other required forms and documents have been filed with the board secretary.<<
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
LRB155237-1
Jeff Osterman
09/17/2014