Number
160994
Version
ORIGINAL
Reference
Sponsor
ALD. BOHL
Title
An ordinance relating to board of zoning appeals findings with respect to special use permit applications.
Sections
295-311-2-d-4 rp
295-311-2-j cr
Analysis
This ordinance repeals the requirement that the board of zoning appeals, prior to the granting of a special use permit, make a finding that the special use will be designed, located and operated in a manner consistent with all applicable elements of the city’s comprehensive plan. This ordinance also creates a provision stating that the board may, in its sole discretion, consider the applicable elements of the city’s comprehensive plan in making its determination with respect to a special use permit application, but is not required to do so.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-311-2-d-4 of the code is repealed.
(Note: The provision being repealed reads as follows:
295-311. Appeals.
2. SPECIAL USE PERMITS.
d. Findings.
d-4. Consistency With Comprehensive Plan. The special use will be designed, located and operated in a manner consistent with all applicable elements of the city’s comprehensive plan.)
Part 2. Section 295-311-2-j of the code is created to read:
j. Effect of Comprehensive Plan. The board may, in its sole discretion, consider the applicable elements of the city’s comprehensive plan in making its determination with respect to a special use permit application, but is not required to do so.
...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
City Attorney
Drafter
LRB166301-1
Jeff Osterman
09/13/2016