Number
260642
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to zoning regulations for family day care homes.
Section
200-42-3-d am
295-201-183 am
295-203-1-j am
Analysis
This ordinance amends the definitions of “family day care home” to increase the limit on the number of children being cared for from 8 to 12, to bring the definition into compliance with recent changes in Wisconsin State Statutes.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-42-3-d of the code is amended to read:
200-42. Certificate of Occupancy.
3. WHEN ISSUED.
d. No certificate of occupancy for a family day care home shall be issued by the commissioner of neighborhood services unless the applicant for the certificate provides the commissioner with documentation indicating that the dwelling unit for which the certificate is sought is licensed as a family day care center by the Wisconsin department of children and families under s. 48.65, Wis. Stats., and ch. DCF 250, Wis. Adm. Code, or certified as a day care center for not more than [[8]] >>12<< children by Milwaukee county.
Part 2. Section 295-201-183 of the code is amended to read:
295-201. Definitions.
183. FAMILY DAY CARE HOME means a dwelling unit licensed as a family day care center by the Wisconsin department of health and family services under s. 48.65, Wis. Stats., and ch. DCF 250, Wis. Adm. Code, or certified as a day care center by Milwaukee county, where care is provided for not more than [[8]] >>12<< children at any given time. A family day care home is typically the primary residence of its operator.
Part 3. Section 295-203-1-j of the code is amended to read:
295-203. Use Definitions.
1. RESIDENTIAL USES.
j. “Family day care home” means a dwelling unit licensed as a day care center by the Wisconsin department of health and family services under s. 48.65, Wis. Stats., and ch. DCF 250, Wis. Adm. Code, or certified as a day care center by Milwaukee [[County]] >>county<<, where care is provided for not more than [[8]] >>12<< children at any given time. A family day care home is typically the primary residence of its operator.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: September 3, 2026
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Department of City Development
Drafter
LRB181867-2
Gunnar Raasch
8/31/2026