Number
051177
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. DAVIS, WADE, BAUMAN, MURPHY, AND BOHL
Title
A substitute ordinance relating to zoning regulations for day care facilities located near alcohol beverage establishments.
Sections
295-311-2-h rc
295-503-2-i-4 cr
295-803-2-d-4 cr
295-903-2-b-1-d cr
295-905-2-b-4-d cr
295-1015-3-b-1-d cr
Analysis
This ordinance provides that, in zoning districts where a day care center is classified as a limited use, one of the limited use standards shall be:
For any day care center other than an adult day care center, if the day care center is located in a building containing an elementary or secondary school, religious assembly, community center, cultural institution or library as a principal use (or some other district-specific combination of these community-serving uses), the facility shall not be located within 300 feet of a premises for which the common council has granted a currently-unexpired Class “A” retailer’s intoxicating liquor license (off-premise consumption), Class “B” retailer’s intoxicating liquor license (on-premise consumption) or Class “A” fermented malt beverage retailer license (off-premise consumption).
If the day are center is not located in a building containing one of the community-serving uses as a principal use, the facility shall not be located within 300 feet of a premises for which the common council has granted one of the specified license types. If this standard is not met, the day care center is a prohibited use.
This ordinance also provides that in zoning districts or circumstances where a day care center is classified as a special use, no special use permit for a day care center, other than an adult day care center, shall be granted by the board of zoning appeals unless the board finds, in addition to the existing required findings for such use, that, if the day care center is not located in a building containing an elementary or secondary school, religious assembly, commun...
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