ORDINANCE NO. 2284

                                                By:

AN ORDINANCE TO APPROVE A REZONING OF THE PROPERTY LOCATED AT 239 E. COLLEGE AVENUE FROM B-2, Community Business to

 B-3, Office and Professional Business

(1st Aldermanic District)

            WHEREAS, Steven and Kathleen Jendusa have applied for a rezoning from B-2, Community Business to B-3, Office and Professional Business, for the property located at 239 E. College Avenue; and

            WHEREAS, the boundaries of the proposed rezoning are more precisely described as follows:

E 212.50' OF W 890' OF N 513.09' OF NW 1/4 SEC 4-5-22, EXC N 55' THEREOF FOR HWY.  2.23 ACS

            WHEREAS, the Plan Commission reviewed the application and recommended that the rezoning be approved; and

            WHEREAS, the Common Council held a public hearing on said application on December 2, 2003, at which time all interested parties appeared and were heard; and

            WHEREAS, following said public hearing and with the favorable recommendation of the Plan Commission, the Common Council is of the opinion that the best interests of the City would be served if the rezoning was approved; and

            NOW, THEREFORE, the Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1: To promote the general welfare, public safety and general planning within the City of Oak Creek, the lands hereinabove described are hereby rezoned as described and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.

SECTION 2: All ordinances or parts of ordinances and Zoning District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.

SECTION 3: The several sections of this ordinance are declared to be severable. If any section shall be declared, by a decision of a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of other provisions of this ordinance.

SECTION 5: The rezoning shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

                        Passed and adopted this 2nd day of December 2003.

                                                                        ________________________________

                                                                        President, Common Council

Approved this ___ day of _________, 2003

                                                ________________________________

                                                                        Mayor

ATTEST:

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk