Number
051041
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. ZIELINSKI
Title
A substitute ordinance relating to zoning regulations for day care centers located near adult businesses.
Sections
295-311-2-h cr
295-503-2-i-3 cr
295-803-2-d-3 cr
295-903-2-b-1-c cr
295-905-2-b-4-c cr
295-1015-3-b-1-c cr
Analysis
This ordinance requires that a day care center be located more than 500 feet from any adult retail establishment or adult entertainment establishment. This requirement shall not apply to adult day care centers.
Body
Whereas, Adult retail establishments are businesses in which 10 percent or more of the floor area or stock-in-trade consists of books, magazines, videos, CDs, DVDs and similar materials which are characterized by an emphasis on matters depicting, describing or relating to sexual activities; and
Whereas, Adult entertainment establishments are businesses that offer nude dancing or other live or recorded performances that depict, describe or relate to sexual activities; and
Whereas, The Common Council finds that it is inappropriate and potentially harmful to children for adult retail establishments and adult entertainment establishment to be located in the vicinity of day care centers; and
Whereas, The Common Council finds that the health, safety and welfare of Milwaukee citizens, and particularly the city’s children, can be protected and promoted by prohibiting day care centers within 500 feet of adult businesses; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-311-2-h of the code is created to read:
295-311. Appeals.
2. SPECIAL USE PERMITS.
h. Additional Finding for Day Care Centers. No special use permit for a day care center, other than an adult day care center, shall be granted by the board unless the board finds, in addition to the findings required by par. d, that the proposed day care center will not be located within 500 feet of an adult retail establishment or an adult entertainment establishment.
Part 2. Section 295-503-2-i-3 of the code is created to read:
295-503. Uses.
2. LIMITED USE STANDARDS.
i. Day Care Center.
i-3. For any day care center other than an adult day care center, the facility shall not be located within 500 feet of an adult retail establishment or an adult entertainment establishment.
Part 3. Section 295-803-2-d-3 of the code is created to read:
295-803. Uses.
2. LIMITED USE STANDARDS.
d. Day Care Center.
d-3. For any day care center other than an adult day care center, the facility shall not be located within 500 feet of an adult retail establishment or an adult entertainment establishment.
Part 4. Section 295-903-2-b-1-c of the code is created to read:
295-903. Parks District (PK).
2. USES.
b. Limited Use Standards.
b-1. Day Care Center.
b-1-c. For any day care center other than an adult day care center, the facility shall not be located within 500 feet of an adult retail establishment or an adult entertainment establishment.
Part 5. Section 295-905-2-b-4-c of the code is created to read:
295-905. Institutional District (TL).
2. USES.
b. Limited Use Standards.
b-4. Day Care Center.
b-4-c. For any day care center other than an adult day care center, the facility shall not be located within 500 feet of an adult retail establishment or an adult entertainment establishment.
Part 6. Section 295-1015-3-b-1-c of the code is created to read:
295-1015. Lakefront Overlay Zone (LF).
3. STANDARDS.
b. Limited Use Standards.
b-1. Day Care Center.
b-1-c. For any day care center other than an adult day care center, the facility shall not be located within 500 feet of an adult retail establishment or an adult entertainment establishment.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB05469-4
JDO
05/02/2006