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Milwaukee ordinance narrows Board of Zoning Appeals seats to add architect, public-safety and social-welfare representation

2154705 · January 27, 2025
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Summary

The City Plan Commission recommended approval of an ordinance that would add professional and community‑interest criteria to the Board of Zoning Appeals membership, after staff said the change is legally supported by a city attorney opinion and the board currently meets the proposed benchmarks.

The City Plan Commission on Jan. 27 recommended approval of an ordinance (file 240712) that would amend the membership requirements for the City of Milwaukee Board of Zoning Appeals to reserve seats for specific professional and community backgrounds.

The ordinance, sponsored by Common Council President José Pérez, would retain the existing requirement that one BOSA seat be filled by an attorney licensed in Wisconsin and add a seat for a licensed architect (or landscape architect licensed in Wisconsin), a seat for a person with a background in public safety, and a seat for someone with a demonstrated interest in social welfare or housing issues.

The change follows review by the Zoning Code Technical Committee and a written opinion from the city attorney dated Oct. 22 that staff said supports the city’s power to set membership criteria for locally chartered boards. Sam, a city planning staff member who introduced the file to the commission, told commissioners that the ZCTC reviewed the proposal Sept. 18 and found it satisfied two of three technical criteria; the city attorney’s opinion addressed legal enforceability concerns raised during that review.

Common Council President José Pérez said the intent is to “solidify and empower plural bodies to make appropriate and well informed decisions on behalf of the city of Milwaukee,” and noted the ordinance leaves three generalist seats available. Pérez told commissioners he had discussed the proposal with the BOSA chair and that the chair did not oppose the change; Pérez also said he is prepared to revisit the ordinance if it proves difficult to fill the specified seats in practice.

Commissioners asked practical questions about how the architecture seat would be interpreted; one commissioner suggested including licensed landscape architects as eligible for that slot. Pérez replied that the sponsor is open to technical amendments before the common council if needed.

Commissioner Bridal Washington moved to close the public hearing and approve the ordinance; the motion carried by voice vote. Sam and staff recommended approval to the commission conditioned on continuation of the usual zoning-code review steps before the common council.

The ordinance changes the membership composition defined in the zoning code; because BOSA’s composition is written into the code, the City Plan Commission reviews such amendments before they go to the full council. The commission record notes that current members of BOSA already meet the proposed intent, and that the ordinance would codify that composition going forward. The city attorney opinion and the ZCTC review are in the file as the legal and technical basis staff relied on.

If the common council adopts the ordinance, the city’s appointment process — mayoral appointment with common‑council confirmation and three‑year terms for BOSA members — will continue, but with the added eligibility criteria written into the code.