Amendments To The Zoning Text Or Map.
Milwaukee Code of Ordinances § 295-307
in effect295-307. Amendments To The Zoning Text Or Map.
1. PURPOSE. The provisions of this section are intended to prescribe procedures by which amendments may be made to this chapter, including changes to the text and the boundaries of districts as shown on the zoning map.
2. INITIATION OF MAP AMENDMENTS. An amendment to the base zoning map or the establishment of, or amendment to, an overlay district may be initiated by any one of the following:
a. By Application. A person with an ownership, possessory or contractual interest in the land subject to the application may apply for a map amendment.
b. By Common Council. The common council may initiate a map amendment by its own motion.
c. By Petition. The owners of 50% or more of the area of land included in a proposed amendment may submit to the common council a petition requesting the zoning map amendment.
3. PROCEDURE FOR MAP AMENDMENT. Consideration of a proposed map amendment shall be in accordance with the following procedure:
a. Introduction of Map Amendment. Upon receipt of a valid application, the affidavit required by s. 295-313 and the required fee, a valid petition, the affidavit required by s. 295-313 and the required fee, or a motion of common council, the department shall prepare an ordinance and map representing the requested amendment.
b. Referral to City Plan Commission. Upon introduction, the ordinance to make the zoning map amendment shall be referred to the city plan commission pursuant to s. 62.23, Wis. Stats.
c. Staff Actions. The department shall establish a time and date for a public hearing, notify affected property owners at least 10 days in advance of the hearing and prepare a staff report on the map amendment. In the case of any map amendment relating to a floodplain overlay zone, the department shall also submit the amendment and the notice of public hearing to the Wisconsin department of natural resources.
d. City Plan Commission. d-1. The commission shall hold at least one public hearing on any proposed map amendment.
d-2. Notice of the public hearing shall be provided to the applicant, petitioners, owners of property under consideration, and owners of property immediately surrounding and within at least 250 feet thereof, including streets and alleys, as well as to all mailing addresses in the same area.
d-3. Upon completion of its public hearing, the commission shall prepare a report of its findings and recommendations on the proposed map amendment and file a copy of the report with the common council.
e. Zoning, Neighborhoods and Development Committee. Following notice, review and report by the city plan commission, the common council’s zoning, neighborhoods and development committee shall hold a class 2 public hearing after notifying the applicant, petitioners, owners of property under consideration and owners of property immediately surrounding and within at least 250 feet thereof, including streets and alleys, as well as to all mailing addresses in the same area. Upon conclusion of the public hearing, the committee shall prepare a recommendation for submittal to the common council.
f. Common Council. Upon receipt of the recommendation of the zoning, neighborhoods and development committee, the council shall either approve or disapprove the map amendment or refer the amendment back to the zoning, neighborhoods and development committee for additional consideration. Approval of a map amendment that meets the definition of a down zoning under s. 66.10015, Wis. Stats., shall require a two-thirds vote of the members-elect, unless the amendment was initiated by application of the owners of the land subject to the amendment or those owners have agreed to waive the two-thirds requirement.
4. STANDARDS. A proposed amendment to the zoning map may be approved if the common council finds:
a. The proposed amendment is consistent with other provisions of this chapter and with the comprehensive plan.
b. The adoption of the proposed amendment will not adversely affect the public health, safety and general welfare of residents of the city.
5. PROTEST OF MAP AMENDMENT. In case of a protest against a map amendment, duly signed and acknowledged by the owners of 20% or more of the areas of the land included in the proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of the opposite land, the amendment shall not become effective except by the favorable vote of at least three-fourths of the members of the common council voting on the proposed change. A protest against a proposed change, or any modification to a protest, shall be submitted no later than 48 hours prior to the date of common council action on the proposed change.
Note: Subsection 5 is superseded by s. 66.10015(3)(a), Wis. Stats. (2023 Assembly Bill 266, effective June 23, 2023), which provides that a zoning amendment shall be approved by a simple majority of a quorum of common council members-elect.
6. INITIATION OF TEXT AMENDMENTS. An amendment to the zoning text shall be initiated as an ordinance introduced to the common council.
7. PROCEDURE FOR TEXT AMENDMENT.
a. Referral of Text Amendment. Upon introduction of an ordinance to amend zoning code text to the common council, the city clerk shall simultaneously refer the ordinance to the city plan commission and to the zoning code technical committee.
b. Zoning Code Technical Committee. b-1. Composition. The zoning code technical committee shall be composed of one representative each from the city attorney’s office, the department of neighborhood services, the department of city development and the legislative reference bureau, designated by the respective agency heads. The representative of the legislative reference bureau shall serve as chair of the committee.
b-2. Staff. Staff for the zoning code technical committee shall be provided by the city clerk’s office.
b-3. Procedure. The zoning code technical committee shall review each proposed zoning text amendment referred to it for legality and enforceability, administrative efficiency and consistency with the format of the zoning code. Within 30 days of the date on which the city clerk refers the proposed text amendment to the committee, the committee shall provide a report of its findings with respect to these 3 criteria, as well as any recommended changes to the proposed amendment, to the zoning, neighborhoods and development committee.
c. City Plan Commission. The city plan commission shall hold a class 2 public hearing on the proposed zoning text amendment and, after receiving a report from the department, submit its report and recommendation to the zoning, neighborhoods and development committee.
d. Zoning, Neighborhoods and Development Committee. Following receipt of reports from the city plan commission and the zoning code technical committee, the zoning, neighborhoods and development committee shall prepare a recommendation for the common council. The zoning, neighborhoods and development committee may provide a recommendation to the common council prior to receipt of a report from the zoning code technical committee if the 30-day period described in par. b-3 has lapsed.
e. Common Council. Upon receipt of the report of the zoning, neighborhoods and development committee, the council shall either approve or disapprove the text amendment or refer the amendment back to the zoning, neighborhoods and development committee for additional consideration. Approval of a text amendment that meets the definition of a down zoning under s. 66.10015, Wis. Stats., shall require a two-thirds vote of the members-elect.
8. RECONSIDERATION OF APPLICATION. Whenever an application for an amendment to the zoning map is denied, the application for the amendment shall not be eligible for reconsideration for one year following the denial, except in the following cases:
a. The common council may initiate reconsideration once during the 12-month period following the date on which the common council voted to deny the zoning map amendment, provided a notice of intent to reconsider the matter has been filed with the city clerk at least 24 hours prior to the time of the common council meeting at which reconsideration is to occur. If a protest against the map amendment submitted under sub. 5 is found to be both in form and sufficient, reconsideration shall not be granted except by a favorable vote of at least three-fourths of the members of the common council voting on the proposed change.
b. An applicant may submit an application for reconsideration if the application was originally denied because the proposed zoning would not conform to the comprehensive plan and the comprehensive plan was subsequently amended such that the proposed zoning amendment would conform to the comprehensive plan. In such a case, at least 30 days must pass between approval of the comprehensive plan amendment and approval of the zoning amendment.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH295-sub3.pdf#page=2Fetched: 10/26/2026