City of Milwaukee - File #: 971083

• File #: 971083
• Version: 5
• Type: Ordinance
• Status: Passed
• File created: 10/14/1997
• In control: ECONOMIC DEVELOPMENT COMMITTEE
• Final action: 6/16/1998
• Effective date: 7/3/1998
• Title: A substitute ordinance relating to the zoning of open-air markets.
• Sponsors: ALD. KALWITZ
• Indexes: PUBLIC MARKETS, ZONING

Date	Ver.	Action By	Action	Result	Tally
7/2/1998	5	CITY CLERK	PUBLISHED
6/25/1998	5	MAYOR	SIGNED
6/16/1998	5	COMMON COUNCIL	PASSED	Pass	16:1
6/9/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
6/3/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
6/3/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
6/3/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
6/1/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
6/1/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
5/19/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	4:0
5/12/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
5/11/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
5/11/1998	5	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
4/17/1998	5	CITY CLERK	DRAFT SUBMITTED
3/16/1998	4	CITY CLERK	DRAFT SUBMITTED
1/29/1998	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
1/13/1998	3	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
11/14/1997	1	CITY CLERK	DRAFT SUBMITTED
10/20/1997	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
10/17/1997	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
10/14/1997	0	COMMON COUNCIL	ASSIGNED TO

NUMB:

971083

VERS:

SUBSTITUTE 5

REF:

XXBY:

ALD. KALWITZ

TITL:

A substitute ordinance relating to the zoning of open-air markets.

SECS:

295-7-118.5 cr

295-14-18 cr

295-312-7-c cr

295-313-7 cr

295-322-7-i cr

295-323-7 rc

295-333-7-h cr

295-342-7-j cr

295-343-7-c cr

295-413-7-k cr

295-422-7-e cr

295-423-7-d cr

295-432-7-d cr

295-433-7-d cr

295-452-7-d cr

295-453-7-f cr

295-462-7-g cr

295-463-7-e cr

295-472-7-i cr

295-473-7-d cr

295-513-7-j cr

295-523-7-j cr

ANLS:

- Analysis -

This ordinance defines "open-air market" as a retail establishment where produce, other foodstuffs or goods typically sold at general retail establishments are displayed for sale, primarily outdoors, for more than 90 days in a calendar year. The ordinance makes open-air markets permitted uses in the neighborhood shopping, local business, regional shopping, C9B (residential and specialty use), C9C (neighborhood retail), C9E (major retail), C9F (office and service) and C9G (mixed activity) zoning districts whenever such markets meet the following requirements:

a. No portion of the outdoor area where goods are displayed for sale shall be located within 150 feet of a residential use.

b. The outdoor display of goods for sale may only occur on a premises containing an enclosed, permanent building.

c. A minimum of one off-street parking space shall be provided for each 500 square feet of outdoor or indoor space devoted to the display of goods for sale.

d. No commercial vehicle with a rated capacity exceeding 1.5 tons shall be parked on the premises.

e. All signs shall comply with the city's sign regulations.

If open-air markets in these zoning districts do not meet all 5 requirements, they are classified as special uses.

This ordinance also makes open-air markets special uses in the commercial service, C9A (high density residential), manufacturing and industrial zoning districts, regardless of whether such markets meet the conditions described above.

BODY:

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

Part 1. Section 295-7-118.5 of the code is created to read:

295-7. Definitions.

118.5. OPEN-AIR MARKET: A retail establishment where produce, other foodstuffs or any of the products listed in sub. 147 are displayed for sale, primarily outdoors, for more than 90 days in any calendar year. This term shall not include motor vehicle sales lots, garden supply and landscaping centers, lumber yards, building supply and home improvement centers or Christmas tree lots.

Part 2. Section 295-14-18 of the code is created to read:

295-14. Special Conditions.

18. OPEN-AIR MARKETS. In order to be classified as a permitted use in a neighborhood shopping, local business, regional shopping, C9B (residential and specialty use), C9C (neighborhood retail), C9E (major retail), C9F (office and service) or C9G (mixed activity) zoning district, an open-air market shall meet the following requirements:

a. No portion of the outdoor area where goods are displayed for sale shall be located within 150 feet of a residential use.

b. The outdoor display of goods for sale may only occur on a premises containing an enclosed, permanent building.

c. A minimum of one off-street parking space shall be provided for each 500 square feet of outdoor or indoor space devoted to the display of goods for sale. Off-street parking spaces shall comply with all applicable standards of s. 295-75.

d. No commercial vehicle with a rated capacity exceeding 1.5 tons shall be parked on the premises.

e. All signs shall comply with ch. 244 and s. 295-97.

Part 3. Section 295-312-7-c of the code is created to read:

295-312. Permitted Uses.

7. RETAIL SALES.

c. Open-air markets, subject to s. 295-14-18.

Part 4. Section 295-313-7 of the code is created to read:

295-313. Special Uses.

7. RETAIL SALES. Open-air markets, except as permitted by s. 295-312-7-c.

Part 5. Section 295-322-7-i of the code is created to read:

295-322. Permitted Uses.

7. RETAIL SALES.

i. Open-air markets, subject to s. 295-14-18.

Part 6. Section 295-323-7 of the code is repealed and recreated to read:

295-323. Special Uses.

7. RETAIL SALES.

a. Antique or secondhand stores.

b. Open-air markets, except as permitted by s. 295-322-7-i.

Part 7. Section 295-333-7-h of the code is created to read:

295-333. Special Uses.

7. RETAIL SALES.

h. Open-air markets.

Part 8. Section 295-342-7-j of the code is created to read:

295-342. Permitted Uses.

7. RETAIL SALES.

j. Open-air markets, subject to s. 295-14-18.

Part 9. Section 295-343-7-c of the code is created to read:

295-343. Special Uses.

7. RETAIL SALES.

c. Open-air markets, except as permitted by s. 295-342-7-j.

Part 10. Section 295-413-7-k of the code is created to read:

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

7. RETAIL SALES.

k. Open-air markets.

Part 11. Section 295-422-7-e of the code is created to read:

295-422. C9B (Residential and Specialty Use): Permitted Uses.

7. RETAIL SALES.

e. Open-air markets, subject to s. 295-14-18-b to e.

Part 12. Section 295-423-7-d of the code is created to read:

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

7. RETAIL SALES.

d. Open-air markets, except as permitted by s. 295-422-7-e.

Part 13. Section 295-432-7-d of the code is created to read:

295-432. C9C (Neighborhood Retail): Permitted Uses.

7. RETAIL SALES.

d. Open-air markets, subject to s. 295-14-18-b to e.

Part 14. Section 295-433-7-d of the code is created to read:

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

7. RETAIL SALES.

d. Open-air markets, except as permitted by s. 295-432-7-d.

Part 15. Section 295-452-7-d of the code is created to read:

295-452. C9E (Major Retail): Permitted Uses.

7. RETAIL SALES.

d. Open-air markets, subject to s. 295-14-18-b to e.

Part 16. Section 295-453-7-f of the code is created to read:

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

7. RETAIL SALES.

f. Open-air markets, except as permitted by s. 295-452-7-d.

Part 17. Section 295-462-7-g of the code is created to read:

295-462. C9F (Office and Service): Permitted Uses.

7. RETAIL SALES.

g. Open-air markets, subject to s. 295-14-18-b to e.

Part 18. Section 295-463-7-e of the code is created to read:

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

7. RETAIL SALES.

e. Open-air markets, except as permitted by s. 295-462-7-g.

Part 19. Section 295-472-7-i of the code is created to read:

295-472. C9G (Mixed Activity): Permitted Uses.

7. RETAIL SALES.

i. Open-air markets, subject to s. 295-14-18-b to e.

Part 20. Section 295-473-7-d of the code is created to read:

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

7. RETAIL SALES.

d. Open-air markets, except as permitted by s. 295-472-7-i.

Part 21. Section 295-513-7-j of the code is created to read:

295-513. Special Uses.

7. RETAIL SALES.

j. Open-air markets.

Part 22. Section 295-523-7-j of the code is created to read:

295-523. Special Uses.

7. RETAIL SALES.

j. Open-air markets.

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:

DFTR:

LRB97561.6

JDO

5/14/98

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