Number
050295
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. DAVIS, WADE, MURPHY and BAUMAN
Title
A substitute ordinance relating to zoning requirements for group homes and community living arrangements.
Sections
295-311-2-i cr
295-503-2-f-2 rc
295-503-2-h-4 cr
295-503-2-h-5 cr
295-603-2-b-2 rc
295-603-2-d-4 cr
295-603-2-d-5 cr
295-703-2-c-2 rc
295-703-2-e-4 cr
295-703-2-e-5 cr
295-803-2-a-2 rc
295-803-2-c-4 cr
295-803-2-c-5 cr
295-905-2-b-1 rc
295-905-2-b-2 rc
295-905-2-b-3-c cr
295-905-2-b-3-d cr
Analysis
Section 48.68(4) of the Wisconsin Statutes requires that, prior to the initial licensure of a residential care center or group home by the Wisconsin Department of Health and Family Services, the license applicant shall make a good-faith effort to establish a “community advisory committee” consisting of representatives from the proposed group home or the child welfare agency that intends to operate the residential care center, the neighborhood in which the proposed facility will be located and a local unit of government. This committee shall provide a forum for communication for those persons interested in the proposed facility and shall continue in existence after licensure to make recommendations to the licensee regarding the impact of the facility on the neighborhood.
Section 50.03(4)(g), Wis. Stats., sets forth similar requirements for community-based residential facilities. (Together, residential care centers and community-based residential facilities constitute the land use referred to as “community living arrangements” in the zoning code.)
This ordinance provides that, in a situation where a group home or community living arrangement is classified by the zoning code as a limited use, one of the limited use standards shall be that the applicant for the state-issued license for the facility has complied with the provisions of s. 48.68(4) or 50.03(4)(g), Wis. Stats., as applicable. This ordinance also adds a limited use standard for a small group shelter care facility, group home or community living arrangement requiring that the Department of City Development receive notification from the State of Wisconsin of application for licensure of the facility before the Department will issue a certificate of occupancy.
This ordinance further provides that, in a situation where an group home, community living arrangement or shelter care facility is classified by the zoning code as a special use, the Board of Zoning Appeals shall not grant a special use permit unless it finds, in addition to the standard findings for a special use, that the Department of City Development has received notification from the State of Wisconsin of application for licensure of the facility and, in the case of a group home or community living arrangement, that the license applicant has complied with the provisions of s. 48.68(4) or s. 50.03(4)(g), Wis. Stats., as applicable.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-311-2-i of the code is created to read:
295-311. Appeals.
2. SPECIAL USE PERMITS.
i. Additional Finding for a Group Home, Group Foster Home, Community Living Arrangement, Small Group Shelter Care Facility or Large Group Shelter Care Facility. No special use permit for a group home, group foster home, community living arrangement, small group shelter care facility or large group shelter care facility shall be granted by the board unless the board finds, in addition to the findings required by par. d, that:
i-1. The department has received notification from the state of Wisconsin of application for licensure of the facility as a group home, group foster home, community living arrangement, small group shelter care facility or large group shelter care facility.
i-2. The applicant for licensure of the group home, group foster home or community living arrangement has complied with the provisions of s. 48.68(4) or s. 50.03(4)(g), Wis. Stats, as applicable. This provision shall not apply to an applicant for a special use permit for a small or large group shelter care facility.
Part 2. Section 295-503-2-f-2 of the code is repealed and recreated to read:
295-503. Uses.
2. LIMITED USE STANDARDS.
f. Adult Family Home or Small Group Shelter Care Facility.
f-2. Small Group Shelter Care Facility. f-2-a. The use shall not be located within 2,500 feet of a community living arrangement, adult family home, small foster home, group home or group foster home, large group shelter care facility or another small group shelter care facility.
f-2-b. The department has received notification from the state of Wisconsin of application for licensure of the facility as a small group shelter care facility.
Part 3. Section 295-503-2-h-4 and 5 of the code is created to read:
h. Group Home, Group Foster Home or Community Living Arrangement.
h-4. The department has received notification from the state of Wisconsin of application for licensure of the facility as a group home, group foster home or community living arrangement.
h-5. The applicant for licensure has complied with the provisions of s. 48.68(4) or s. 50.03(4)(g), Wis. Stats., as applicable.
Part 4. Section 295-603-2-b-2 of the code is repealed and recreated to read:
295-603. Uses.
2. LIMITED USE STANDARDS.
b. Adult Family Home or Small Group Shelter Care Facility.
b-2. Small Group Shelter Care Facility. b-2-a. The use shall not be located within 2,500 feet of a community living arrangement, adult family home, small foster home, group home or group foster home, large group shelter care facility or another small group shelter care facility.
b-2-b. The department has received notification from the state of Wisconsin of application for licensure of the facility as a small group shelter care facility.
Part 5. Section 295-603-2-d-4 and 5 of the code is created to read:
d. Group Home, Group Foster Home or Community Living Arrangement.
d-4. The department has received notification from the state of Wisconsin of application for licensure of the facility as a group home, group foster home or community living arrangement.
d-5. The applicant for licensure has complied with the provisions of s. 48.68(4) or s. 50.03(4)(g), Wis. Stats., as applicable.
Part 6. Section 295-703-2-c-2 of the code is repealed and recreated to read:
295-703. Uses.
2. LIMITED USE STANDARDS.
c. Adult Family Home or Small Group Shelter Care Facility.
c-2. Small Group Shelter Care Facility. c-2-a. The use shall not be located within 2,500 feet of a community living arrangement, adult family home, small foster home, group home or group foster home, large group shelter care facility or another small group shelter care facility.
c-2-b. The department has received notification from the state of Wisconsin of application for licensure of the facility as a small group shelter care facility.
Part 7. Section 295-703-2-e-4 and 5 of the code is created to read:
e. Group Home, Group Foster Home or Community Living Arrangement.
e-4. The department has received notification from the state of Wisconsin of application for licensure of the facility as a group home, group foster home or community living arrangement.
e-5. The applicant for licensure has complied with the provisions of s. 48.68(4) or s. 50.03(4)(g), Wis. Stats., as applicable.
Part 8. Section 295-803-2-a-2 of the code is repealed and recreated to read:
295-803. Uses.
2. LIMITED USE STANDARDS.
a. Adult Family Home or Small Group Shelter Care Facility.
a-2. Small Group Shelter Care Facility. a-2-a. The use shall not be located within 2,500 feet of a community living arrangement, adult family home, small foster home, group home or group foster home, large group shelter care facility or another small group shelter care facility.
a-2-b. The department has received notification from the state of Wisconsin of application for licensure of the facility as a small group shelter care facility.
Part 9. Section 295-803-2-c-4 and 5 of the code is created to read:
c. Group Home, Group Foster Home or Community Living Arrangement.
c-4. The department has received notification from the state of Wisconsin of application for licensure of the facility as a group home, group foster home or community living arrangement.
c-5. The applicant for licensure has complied with the provisions of s. 48.68(4) or s. 50.03(4)(g), Wis. Stats., as applicable.
Part 10. Section 295-905-2-b-1 and 2 of the code is repealed and recreated to read:
295-905. Institutional District (TL).
2. USES.
b. Limited Use Standards.
b-1. Group Home or Group Foster Home. b-1-a. The use shall not be located within 2,500 feet of a small foster home, community living arrangement or another group home or group foster home.
b-1-b. The department has received notification from the state of Wisconsin of application for licensure of the facility as a group home or group foster home.
b-1-c. The applicant for licensure has complied with the provisions of s. 48.68(4), Wis. Stats.
b-2. Small Group Shelter Care Facility. b-2-a. The use shall not be located within 2,500 feet of an adult family home, community living arrangement, small foster home, group home or group foster home, large group shelter care facility or another small group shelter care facility.
b-2-b. The department has received notification from the state of Wisconsin of application for licensure of the facility as a small group shelter care facility.
Part 11. Section 295-905-2-b-3-c and d of the code is created to read:
b-3. Community Living Arrangement.
b-3-c. The department has received notification from the state of Wisconsin of application for licensure of the facility as a community living arrangement.
b-3-d. The applicant for licensure has complied with the provisions of s. 50.03(4)(g), Wis. Stats.
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
LRB05252-3
JDO
09/19/2005