City of Milwaukee - File #: 980101

• File #: 980101
• Version: 2
• Type: Ordinance
• Status: Placed On File
• File created: 5/5/1998
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 8/2/2001
• Effective date: 7/3/1998
• Title: A substitute ordinance relating to the zoning of boarding schools.
• Sponsors: THE CHAIR
• Indexes: SCHOOL DISTRICT, ZONING

Date	Ver.	Action By	Action	Result	Tally
8/2/2001	2	COMMON COUNCIL	PLACED ON FILE	Pass	15:0
7/31/2001	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	4:0
7/23/2001	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
7/23/2001	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
6/16/1998	2	COMMON COUNCIL	REFERRED TO	Pass	15:2
6/9/1998	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
6/1/1998	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
5/15/1998	0	CITY CLERK	PUBLISHED; Minutes note: This file is being published on 5/15/98 and 5/21/98 for a CPC Meeting on 6/1/98.
5/12/1998	1	CITY CLERK	DRAFT SUBMITTED
5/6/1998	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
5/5/1998	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
5/5/1998	0	COMMON COUNCIL	ASSIGNED TO

NUMB:

980101

VERS:

SUBSTITUTE 2

REF:

XXBY:

THE CHAIR

TITL:

A substitute ordinance relating to the zoning of boarding schools.

SECS:

295-7-147.7 cr

295-7-148 am

295-14-18 cr

295-133-3 rc

295-223-3-c cr

295-313-3-c cr

295-322-3-e cr

295-332-3-f cr

295-342-3-f cr

295-413-3-d cr

295-423-3-d cr

295-433-3-d cr

295-442-3-e cr

295-453-3-d cr

295-463-3-d cr

295-473-3-d cr

295-482-3 rc

295-513-3-e cr

295-622-3-e cr

ANLS:

- Analysis -

This ordinance defines the term "boarding school" for zoning purposes and provides that boarding schools shall be permitted uses in the following zoning districts:

Local business Commercial service Regional shopping Central business (civic activity and warehousing and light manufacturing) Institutional

This ordinance further provides that boarding schools are special uses in the following zoning districts:

Multi-family residence Residential and office Neighborhood shopping Central business (all except civic activity and warehousing and light manufacturing) Manufacturing

In addition, this ordinance limits the total enrollment of a boarding school to one student per unit of lot area equal to 2 times the required additional lot area per roomer for the zoning district in which the school is located.

BODY:

Whereas, Because they provide living accommodations and generally offer a broader range of services and activities to their students than conventional elementary and secondary schools, boarding schools are, for zoning purposes, more similar to colleges than they are to elementary and secondary schools; and

Whereas, While a rooming house simply provides its residents with a place to sleep, a boarding school typically provides its students with a full range of services and activities, including education, indoor and outdoor recreation, hot meals, sleeping accommodations and laboratory, library and study space; and

Whereas, Because of the range of services and activities they provide their students, boarding schools generally need more land area per student than a rooming house needs per roomer; now, therefore

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 295-7-147.7 of the code is created to read:

295-7. Definitions.

147.7. SCHOOL, BOARDING: A public or private school which:

a. Provides a full-time or part-time educational program for one or more grades between kindergarten and grade 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school, high school, academy or boarding school; and

b. Provides residential accommodations on the school campus to some or all of its students; and

c. May provide part-time or full-time post-secondary academic instruction as part of its educational program.

Part 2. Section 295-7-148 of the code is amended to read:

148. SCHOOL, ELEMENTARY OR SECONDARY: A public [[, parochial]] or private school which provides an educational program for one or more grades between kindergarten and grade 12 >>, does not provide on-campus residential accommodations to any of its students<< and [[which]] is commonly known as an elementary school, middle school, junior high school, senior high school or high school.

Part 3. Section 295-14-18 of the code is created to read:

295-14. Special Conditions.

18. BOARDING SCHOOLS. The total full-time and part-time enrollment of a boarding school, including both students who live on campus and students who live off campus, if any, shall not exceed the equivalent of one full-time student for each unit of lot area equal to 2 times the required additional lot area per roomer for the zoning district in which the boarding school is located.

Part 4. Section 295-133-3 of the code is repealed and recreated to read:

295-133. Special Uses.

3. SCHOOLS.

a. Day care centers.

b. Boarding schools, subject to s. 295-14-18.

Part 5. Section 295-223-3-c of the code is created to read:

295-223. Special Uses.

3. SCHOOLS.

c. Boarding schools, subject to s. 295-14-18.

Part 6. Section 295-313-3-c of the code is created to read:

295-313. Special Uses.

3. SCHOOLS.

c. Boarding schools, subject to s. 295-14-18.

Part 7. Section 295-322-3-e of the code is created to read:

295-322. Permitted Uses.

3. SCHOOLS.

e. Boarding schools, subject to s. 295-14-18.

Part 8. Section 295-332-3-f of the code is created to read:

295-332. Permitted Uses.

3. CHURCHES AND SCHOOLS.

f. Boarding schools, subject to s. 295-14-18.

Part 9. Section 295-342-3-f of the code is created to read:

295-342. Permitted Uses.

3. CHURCHES AND SCHOOLS.

f. Boarding schools, subject to s. 295-14-18.

Part 10. Section 295-413-3-d of the code is created to read:

295-413. C9A (High Density Residential): Special Uses.

3. SCHOOLS.

d. Boarding schools, subject to s. 295-14-18.

Part 11. Section 295-423-3-d of the code is created to read:

295-423. C9B (Residential and Specialty Use): Special Uses.

3. SCHOOLS.

d. Boarding schools, subject to s. 295-14-18.

Part 12. Section 295-433-3-d of the code is created to read:

295-433. C9C (Neighborhood Retail): Special Uses.

3. SCHOOLS.

d. Boarding schools, subject to s. 295-14-18.

Part 13. Section 295-442-3-e of the code is created to read:

295-442. C9D (Civic Activity): Permitted Uses.

3. CHURCHES AND SCHOOLS.

e. Boarding schools, subject to s. 295-14-18.

Part 14. Section 295-453-3-d of the code is created to read:

295-453. C9E (Major Retail): Special Uses.

3. SCHOOLS.

d. Boarding schools, subject to s. 295-14-18.

Part 15. Section 295-463-3-d of the code is created to read:

295-463. C9F (Office and Service): Special Uses.

3. SCHOOLS.

d. Boarding schools, subject to s. 295-14-18.

Part 16. Section 295-473-3-d of the code is created to read:

295-473. C9G (Mixed Activity): Special Uses.

3. SCHOOLS.

d. Boarding schools, subject to s. 295-14-18.

Part 17. Section 295-482-3 of the code is repealed and recreated to read:

295-482. C9H (Warehousing and Light Manufacturing): Permitted Uses.

3. SCHOOLS. a. Boarding schools, subject to s. 295-14-18.

b. Colleges.

Part 18. Section 295-513-3-e of the code is created to read:

295-513. Special Uses.

3. SCHOOLS.

e. Boarding schools, subject to s. 295-14-18.

Part 19. Section 295-622-3-e of the code is created to read:

295-622. Permitted Uses.

3. CHURCHES AND SCHOOLS.

e. Boarding schools, subject to s. 295-14-18.

LRB:

APPROVED AS TO FORM

____________________________

Legislative Reference Bureau

Date:  _____________________

CATT:

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

____________________________

Office of the City Attorney

Date:  _____________________

ZDPT:

Department of City Development

DFTR:

LRB98160.3

JDO

5/28/98

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