Dock Construction Variances, etc.
Milwaukee Code of Ordinances § 118-9
in effect118-9. Dock Construction Variances, etc.
1. BOARD OF APPEALS. The board of harbor commissioners is vested with the powers of a board of appeals whenever a petition shall be presented to it, as hereinafter set forth, seeking a variance with respect to the requirements of s. 118-1 to 118-9 as amended and in existence on May 1, 1962, which relate to dock lines, dock repairs or alterations.
2. TO FILE PETITION. Whenever it shall appear that literal compliance with said sections of the code will result in unnecessary hardship or will be impractical, a person affected by such circumstances may file a petition with the board of harbor commissioners seeking a variance with respect to the enforcement of the provisions of said sections. The board shall thereupon schedule a hearing on such petition, and it shall determine whether or not literal enforcement of the provisions of the sections of the code complained of will result in difficulty or unnecessary hardship, and that strict compliance would be impractical. The petition shall recite such facts as may be appropriate in order for the board to make a thorough investigation, and the board may call upon the petitioner for an explanation or for the submission of such facts or documents as the board shall deem appropriate so as to complete its investigation.
3. APPROVAL REQUIRED. If the board shall determine that a variance from the provisions complained of will not adversely affect the public interest, and that compliance with such provisions would result in practical difficulty or unnecessary hardship, and if the board shall also so determine that the spirit of the section of the code applicable thereto will be observed and that the safety and welfare of the public will be maintained and that substantial justice will be achieved, then the board shall recommend to the common council that a variance shall be granted, subject to such conditions as the board may deem applicable; and the common council shall thereupon determine whether such variances shall be granted, and if the common council grants such variance it shall instruct the board to prepare and issue the same.
4. PROCEDURE. The board is authorized to determine the procedure with respect to holding hearings on a petition seeking a variance and may establish reasonable rules and regulations providing for such procedure.
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-1/CH118.pdf#page=15Fetched: 10/26/2026