City of Milwaukee - File #: 240999

• File #: 240999
• Version: 6
• Type: Ordinance
• Status: Held In Council
• File created: 10/15/2024
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Title: A substitute ordinance relating to zoning regulations for accessory dwelling units.
• Sponsors: ALD. SPIKER
• Indexes: HOUSING, ZONING

Date	Ver.	Action By	Action	Result	Tally
6/24/2025	6	COMMON COUNCIL	HELD IN COUNCIL	Pass	13:0
6/17/2025	3	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Pres. Ald. Jose Perez, 12th Ald. Dist. Sam Leichtling, Dept. of City Development Michael Mazmanian, Dept. of Neighborhood Services Ald. Peter Burgelis, 13th Ald. Dist. Ald. JoCasta Zamarripa, 8th Ald. Dist. Ald. Sharlen Moore, 10th Ald. Dist. Jeff Osterman, LRB Proposed Substitute C is identical to Substitute 3 with a technical correction to clarify the definition language for "single-family dwelling". Ald. Stamper moved substitution of the file with Proposed Substitute C. (Prevailed 5-0) Proposed Substitute C was substituted into the file as Substitute 4.	Pass	5:0
6/17/2025	4	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Mr. Leichtling gave a PowerPoint presentation, which is contained in the file. There was discussion on Dept. of City Development support, consistency with the pending Growing MKE/Housing Element Plan file, and concerns regarding an internal ADU for a single-family house (ability to review in a public process, conversion, fire suppression and entrance/exit requirements, practicality, owner occupancy, rental). Ald. Spiker moved substitution of the file with Proposed Substitute D. Proposed Substitute D prohibits an internal ADU in RS1-RS6 single-family residential zoning districts as a matter of right. (Prevailed 4-1) Proposed Substitute D was substituted into the file as Substitute 5.	Pass	4:1
6/17/2025	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Ald. Stamper moved passage of Substitute 5. (Failed 2-3)	Fail	2:3
6/17/2025	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Ald. Stamper moved to substitute the file with Proposed Substitute C (Substitute 4). (Prevailed 5-0)	Pass	5:0
6/17/2025	4	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: This file was reconsidered after item 15, CCFN 240192. Meeting recessed at 12:10 p.m. Meeting reconvened at 12:14 p.m. Ald. Spiker moved substitution of the file with Proposed Substitute E. Proposed Substitute E would make an internal ADU a special use in RS1-RS6 single-family residential zoning districts. (Prevailed 3-2) Proposed Substitute E was substituted into the file as Substitute 6.	Pass	3:2
6/17/2025	6	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Ald. Spiker moved passage of Substitute 6. (Prevailed 3-1-1)	Pass	3:1
4/22/2025	3	COMMON COUNCIL	ASSIGNED TO; Minutes note: Ald. Bauman moved substitution of the file with a Proposed Substitute. The Proposed Substitute provides that no internal or attached accessory dwelling unit shall be permitted in an RS1 to RS6 zoning district. Ald. Zamarripa and Burgelis removed as cosponsors on the Proposed Substitute. Ald. Spiker moved to refer the file back to committee. (Prevailed 10-5)	Pass	10:5
4/15/2025	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: This item was taken out of order after item 7, CCFN 240997. Ald. Stamper moved substitution of the file with Proposed Substitute A. (Prevailed 5-0) Proposed Substitute A became Substitute 2.	Pass	5:0
4/15/2025	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	AMENDED; Minutes note: Appearing: Sam Leichtling, Dept. of City Development Pres. Ald. Jose Perez, 12th Ald. Dist. Ald. JoCasta Zamarripa, 8th Ald. Dist. Ald. Sharlen Moore, 10th Ald. Dist. Mike Mazmanian, Dept. of Neighborhood Services A presentation was given, which is contained in the file. Public testimony: Shear Winston, resident (opposed) Ald. Zamarripa and Burgelis added as cosponsors. Ald. Jackson moved to amend the file to delete "or 2-family dwelling" and to add language to permit "2-family dwelling" for an external ADU in Ch. 295-503-2-f-2. (Prevailed 5-0) The file, as amended, became Substitute 3.	Pass	5:0
4/15/2025	3	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
4/7/2025	1	CITY PLAN COMMISSION	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Mr. Leichtling presented details of the file. This file relates to zoning regulations for accessory dwelling units (ADUs). This ordinance defines an “accessory dwelling unit” as “a room or set of rooms with its own cooking, sleeping and sanitary facilities which is located on the same lot as a single-family or 2-family dwelling and which is smaller in area than the main dwelling to which it is accessory.” The ordinance also classifies an accessory dwelling unit as a limited use in residential and commercial zoning districts, as well as the industrial-mixed zoning district, subject to certain design and limited use standards. The ordinance would permit citywide internal, attached, and detached accessory dwelling units that meet these limited use and design standards. The proposed “Proposed Substitute A” incorporates adjustments that address the concerns raised by ZCTC. Staff recommends approval of Proposed Substitute A. Appearing: Pres. Ald. Jose Perez, 12th Ald. Dist. Ald. Robert Bauman, 4th Ald. Dist. Pres. Ald. Perez and Ald. Bauman commented on the rationale for ADUs, ADUs being permitted in other cities, ADUs providing opportunities to add additional or passive income to homeowners, the file aligning with peer cities, and that owner occupancy can only be required at the permit stage under the proposed legislation. Appearing to provide public testimony with inquiries and concerns: Melody McCurtis, resident, inquired, had concerns, and advocated for incentives for owners building an ADU; that there to be guarantees for owner occupancy; there to be a feasibility study on property tax assessment; there to be input from the City Assessor on the legislation; there to be a tax cap or tax forgiveness for homeowners; and there to be safeguards for homeowners. She liked the ADU concept but wants further vetting to include protections and incentives. Appearing to provide public testimony in opposition: Fatima Laster, resident Shear Winston, resident Dr. Nicole Robinson, 5 Points Neighborhood Association Those in opposition said that the proposed ordinance needs to add protections for homeowners; needs review by the City Assessor; that negative impacts would result in increased property tax for neighboring properties; that equitable bank lending and/or financing for ADUs would be lacking due to prejudices; that few homeowners would build ADUs; and that the ordinance was overreaching, would build white wealth, not benefit the black community, and create racial inequalities. Pres. Perez and Ald. Bauman said that they will explore finding resources and incentives, that deed restriction cannot be done, proof of residency for the primary residence is required to be given, increased property tax and value for an ADU property was good, a property tax assessment cap is illegal, and they have not sought out input from the City Assessor yet. The commission discussed adding possible conditions, such as an incentive, but that it would be outside of the purview of the commission. Commissioner Smith moved approval, seconded by commissioner Gonzalez, of Proposed Substitute A. (Prevailed 5-0-1) Abstention - Washington	Pass	5:0
3/21/2025	1	CITY CLERK	PUBLISHED
1/31/2025	1	CITY CLERK	PUBLISHED
1/13/2025	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
1/13/2025	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
1/13/2025	1	CITY CLERK	DRAFT SUBMITTED
10/15/2024	0	COMMON COUNCIL	ASSIGNED TO

Number
240999
Version
SUBSTITUTE 6
Reference

Sponsor
ALD. SPIKER
Title
A substitute ordinance relating to zoning regulations for accessory dwelling units.
Sections
295-201-5 cr
295-201-607 am
295-203-1-a am
295-203-1-L cr
295-403-2-a (table) am
295-404-1 (table) am
295-503-1 (table) am
295-503-2-f rn
295-503-2-f cr
295-503-2-g rn
295-503-2-h rn
295-503-2-i rn
295-503-2-j rn
295-503-2-k rn
295-503-2-L rn
295-503-2-m rn
295-503-2-n rn
295-503-2-o rn
295-503-2-p rn
295-503-2-q rn
295-503-2-r rn
295-503-2-s rn
295-503-2-t rn
295-503-2-u rn
295-503-2-v rn
295-503-2-w rn
295-503-2-x rn
295-503-2-y rn
295-503-2-z rn
295-503-2-aa rn
295-505-2 (table) am
295-505-2-j-5 rc
295-505-2-L-5 cr
295-505-2.5 cr
295-505-2.5 (table) cr
295-603-1 (table) am
295-603-2-c rn
295-603-2-c cr
295-603-2-d rn
295-603-2-e rn
295-603-2-f rn
295-603-2-g rn
295-603-2-h rn
295-603-2-i rn
295-603-2-j rn
295-603-2-k rn
295-603-2-L rn
295-603-2-m rn
295-603-2-n rn
295-603-2-o rn
295-603-2-p rn
295-603-2-q rn
295-603-2-r rn
295-603-2-s rn
295-603-2-t rn
295-603-2-u rn
295-603-2-v rn
295-603-2-w rn
295-603-2-x rn
295-603-2-y rn
295-603-2-z rn
295-603-2-aa rn
295-603-2-bb rn
295-603-2-cc rn
295-603-2-dd rn
295-603-2-ee rn
295-603-2-ff rn
295-603-2-gg rn
295-605-2.5 cr
295-703-1 (table) am
295-803-1 (table) am
295-803-2-b rn
295-803-2-b cr
295-803-2-c rn
295-803-2-d rn
295-803-2-e rn
295-803-2-f rn
295-803-2-g rn
295-803-2-h rn
295-803-2-i rn
295-803-2-j rn
295-803-2-k rn
295-803-2-L rn
295-803-2-m rn
295-803-2-n rn
295-803-2-o rn
295-803-2-p rn
295-803-2-q rn
295-803-2-r rn
295-903-2-a (table) am
295-905-2-a (table) am
Analysis
This ordinance defines an “accessory dwelling unit” as “a room or set of rooms with its own cooking, sleeping and sanitary facilities which is located on the same lot as a single-family or 2-family dwelling and which is smaller in area than the main dwelling to which it is accessory.” The ord...