What to know about Special Use Permits
If you apply for a permit to do something which is listed in the Zoning Code as a Special Use, in addition to applying for the necessary permits from the Development Center, you must also apply to the Board of Zoning Appeals. A public hearing will be held to determine if a special use should be granted, conditionally granted or denied. A final permit cannot be issued for a Special Use without BOZA approval.
The Milwaukee Code of Ordinances defines a Special Use as:
A use which is generally acceptable in a particular zoning district but which, because of its characteristics and the characteristics of the zoning district in which it would be located, requires review on a case by case basis to determine whether it should be permitted, conditionally permitted, or denied. (Milw. Ord. 295-201-619)
Special Use applications submitted to the Board go through an extensive review process to make certain that there will be no adverse impacts generated by the proposed use. Staff members from the Department of City Development-Plan Examination, the Department of City Development-Planning Administration, the Department of Public Works, the Department of Neighborhood Services and the Board of Zoning Appeals will review the application materials you submit and then send a recommendation to the Board.
When making a decision on your special use application, the Board considers the recommendations submitted by the departments, information submitted by the alderman of the district, information from property owners in the immediate area and any other interested parties. The Board has final authority to decide whether your request should be allowed or not.
If you apply for a Special Use, you must file a statement with your application that explains:
- Protection of Public Health Safety and Welfare. The use will be designed, located and operated in a manner so that the public health, safety and welfare are protected. A geographic concentration of establishments of this type may be evidence, in certain circumstances, that the public health, safety and welfare will not be protected.
- Protection of Property. The use, value and enjoyment of other property in the neighborhood will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use. A geographic concentration of establishments of this type may be evidence, in certain circumstances, that the proposed use will substantially impair or diminish property values.
- Traffic and Pedestrian Safety. Adequate measures have been or will be taken to provide safe pedestrian and vehicular access.
- Consistency with Comprehensive Plan. The special use will be designed, located and operated in a manner consistent with the City's comprehensive plan.
Previous | Next