Encroachments to Create Accessible Entrances for Buildings Pre-dating Adoption of the Americans with Disabilities Act.
Milwaukee Code of Ordinances § 245-4.7
in effect245-4.7. Encroachments to Create Accessible Entrances for Buildings Pre-dating Adoption of the Americans with Disabilities Act.
1.
DEFINITION. In this section, “Encroachment” means a ramp, chairlift, or other structure required to create an accessible Special Privileges entrance, as defined by the Americans with Disabilities Act and applicable building codes adopted by the state of Wisconsin, which is placed in the public right-of-way and approved by the commissioner of public works and the commissioner of the department of neighborhood services to serve a building or structure that existed prior to July 26, 1990, the date the Americans with Disabilities Act was adopted.
2.
GENERAL REGULATIONS. Every encroachment to create an accessible entrance shall comply with the regulations of this section.
3.
ACCESSIBLE PATHWAY. An encroachment shall maintain the required 5-foot width clearance of the accessible pedestrian pathway or turning radius size of curb ramp landings within the public right-of-way.
4.
PROJECTION. No encroachment may project into an alleyway.
5.
UTILITIES AND OTHER EXISTING INFRASTRUCTURE. The cost of protecting, altering, or changing the location of any city-owned utilities to permit construction of an encroachment shall be paid by the owner of building or structure to be served by the encroachment.
6.
APPLICATION. The owner of a property under consideration for construction and installation of an encroachment shall submit plans to the commissioner of public works for review and to obtain permits. The property owner shall also submit plans and obtain permits from the commissioner of the department of neighborhood services, as necessary, for any installation.
7.
CONDITIONS OF THE PERMIT. The owner of the encroachment shall:
a. Become primarily liable for damages to persons or property by reason of the granting of a permit for the encroachment.
b. Remove or modify the encroachment whenever the city determines that the public convenience would be enhanced by such removal or modification as provided in s. 115-32-2. The owner shall not be entitled to damages related to the removal or modification.
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/CH245.pdf#page=3Fetched: 10/26/2026