Number
120658
Version
ORIGINAL
Reference
Sponsor
ALD. PEREZ AND BAUMAN
Title
An ordinance relating to use classifications and principal building design standards in the industrial-mixed zoning district.
Sections
295-803-1 (table) am
295-803-2-d rp
295-805-2 (table) am
Analysis
This ordinance changes the use classification of elementary and secondary schools in the industrial-mixed (IM) zoning district from permitted use to special use. It also changes the use classification of day care centers in this zoning district from limited use to special use.
In addition, this ordinance provides that non-industrial buildings in the industrial-mixed district (other than single-family and 2-family dwellings) shall comply with the design standards for the LB3 local business district, rather than the standards for the LB2 local business district.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Table 295-803-1 of the code is amended to read:
Table 295-803-1 INDUSTRIAL DISTRICTS USE TABLE |
Y = Permitted Use L = Limited Use S = Special Use N = Prohibited Use |
Zoning Districts |
Uses |
IO1/ IO2 |
IL1/ IL2 |
IM |
IH |
RESIDENTIAL USES |
Single-family dwelling |
N |
N |
Y |
N |
Two-family dwelling |
N |
N |
Y |
N |
Multi-family dwelling |
N |
N |
Y |
N |
Permanent supportive housing |
N |
N |
Y |
N |
Transitional housing |
N |
N |
S |
N |
Attached single-family dwelling |
N |
N |
Y |
N |
Live-work unit |
N |
N |
Y |
N |
Mobile home |
N |
N |
N |
N |
Watchman/service quarters |
Y |
Y |
Y |
Y |
Family day care home |
N |
N |
Y |
N |
GROUP RESIDENTIAL USES |
Rooming house |
N |
N |
S |
N |
Convent, rectory or monastery |
N |
N |
Y |
N |
Dormitory |
N |
N |
S |
N |
Fraternity or sorority |
N |
N |
S |
N |
Adult family home |
N |
N |
L |
N |
Foster Homes |
|
|
|
|
Foster family home |
N |
N |
Y |
N |
Small foster home |
N |
N |
L |
N |
Group home or group foster home |
N |
N |
L |
N |
Shelter Care Facilities |
|
|
|
|
Family shelter care facility |
N |
N |
Y |
N |
Small group shelter care facility |
N |
N |
L |
N |
Large group shelter care facility |
N |
N |
S |
N |
Community living arrangement |
N |
N |
L |
N |
EDUCATIONAL USES |
Day care center |
S |
S |
[[L]] >>S<< |
S |
School, elementary or secondary |
N |
N |
[[Y]] >>S<< |
N |
College |
S |
S |
S |
N |
School, personal instruction |
S |
S |
S |
N |
COMMUNITY-SERVING USES |
Library |
N |
N |
Y |
N |
Cultural institution |
N |
N |
L |
N |
Community center |
N |
N |
S |
N |
Religious assembly |
N |
N |
S |
N |
Cemetery or other place of interment |
N |
N |
N |
N |
Public safety facility |
Y |
Y |
Y |
Y |
Correctional facility |
N |
N |
N |
N |
COMMERCIAL AND OFFICE USES |
General office |
Y |
Y |
Y |
L |
Government office |
Y |
Y |
Y |
L |
Bank or other financial institution |
S |
S |
Y |
N |
Currency exchange, payday loan or title loan agency |
N |
N |
S |
N |
Installment loan agency |
N |
N |
S |
N |
Cash-for-gold business |
N |
N |
S |
N |
Pawn shop |
N |
N |
S |
N |
Retail establishment, general |
N |
N |
Y |
N |
Garden supply or landscaping center |
N |
Y |
Y |
N |
Home improvement center |
N |
Y |
Y |
N |
Secondhand store |
N |
N |
S |
N |
Outdoor merchandise sales |
N |
N |
L |
N |
Artist studio |
N |
Y |
Y |
N |
Adult retail establishment |
N |
N |
S |
N |
HEALTH CARE AND SOCIAL ASSISTANCE |
Medical office |
S |
N |
S |
N |
Health clinic |
L |
N |
S |
N |
Hospital |
N |
N |
N |
N |
Medical research laboratory |
Y |
Y |
Y |
N |
Medical service facility |
N |
S |
N |
N |
Social service facility |
N |
S |
S |
N |
Emergency residential shelter |
N |
N |
N |
N |
Nursing home |
N |
N |
N |
N |
GENERAL SERVICE USES |
Personal service |
N |
N |
Y |
N |
Business service |
Y |
S |
Y |
N |
Building maintenance service |
S |
Y |
S |
N |
Catering service |
S |
Y |
Y |
N |
Funeral home |
N |
N |
N |
N |
Laundromat |
N |
N |
Y |
N |
Dry cleaning establishment |
N |
N |
Y |
N |
Furniture and appliance rental and leasing |
N |
N |
Y |
N |
Household maintenance and repair service |
N |
Y |
Y |
N |
Tool/equipment rental facility |
N |
Y |
Y |
N |
Animal Services |
|
|
|
|
Animal hospital/clinic |
N |
Y |
L |
Y |
Animal boarding facility |
N |
Y |
L |
Y |
Animal grooming or training facility |
N |
Y |
L |
Y |
MOTOR VEHICLE USES |
Light Motor Vehicle |
|
|
|
|
Sales facility |
L |
S |
S |
S |
Rental facility |
L |
S |
S |
S |
Repair facility |
L |
S |
S |
L |
Body shop |
L |
S |
S |
L |
Outdoor storage |
L |
Y |
S |
Y |
Wholesale facility |
Y |
Y |
Y |
Y |
Heavy Motor Vehicle |
|
|
|
|
Sales facility |
L |
Y |
S |
Y |
Rental facility |
L |
Y |
S |
Y |
Repair facility |
L |
L |
S |
L |
Body shop |
L |
L |
S |
L |
Outdoor storage |
L |
S |
S |
Y |
General Motor Vehicle |
|
|
|
|
Filling station |
S |
S |
S |
S |
Car wash |
S |
S |
S |
S |
Drive-through facility |
S |
S |
S |
S |
Parking |
|
|
|
|
Parking lot, principal use |
Y |
Y |
L |
Y |
Parking lot, accessory use |
Y |
Y |
L |
Y |
Parking structure, principal use |
Y |
Y |
L |
Y |
Parking structure, accessory use |
Y |
Y |
L |
Y |
Heavy motor vehicle parking lot, principal use |
S |
L |
L |
Y |
Heavy motor vehicle parking lot, accessory use |
Y |
Y |
Y |
Y |
ACCOMODATION AND FOOD SERVICE USES |
Bed and breakfast |
N |
N |
Y |
N |
Hotel, commercial |
L |
N |
Y |
N |
Hotel, residential |
N |
N |
Y |
N |
Tavern |
L |
L |
Y |
L |
Assembly hall |
S |
S |
S |
N |
Restaurant, sit-down |
L |
L |
Y |
L |
Restaurant, fast-food/carry-out |
L |
L |
L |
L |
ENTERTAINMENT AND RECREATION USES |
Park or playground |
S |
S |
S |
S |
Festival grounds |
N |
N |
N |
N |
Recreation facility, indoor |
N |
S |
S |
N |
Recreation facility, outdoor |
N |
N |
S |
N |
Health club |
L |
L |
Y |
N |
Sports facility |
N |
S |
S |
N |
Gaming facility |
N |
S |
N |
N |
Theater |
N |
N |
Y |
N |
Convention and exposition center |
S |
N |
S |
N |
Marina |
Y |
Y |
Y |
Y |
Outdoor racing facility |
N |
N |
N |
S |
STORAGE, RECYCLING AND WHOLESALE TRADE USES |
Recycling collection facility |
S |
Y |
S |
Y |
Mixed-waste processing facility |
N |
L |
S |
L |
Material reclamation facility |
N |
N |
N |
L |
Salvage operation, indoor |
L |
L |
L |
L |
Salvage operation, outdoor |
N |
S |
S |
S |
Wholesale and distribution facility, indoor |
Y |
Y |
Y |
Y |
Wholesale and distribution facility, outdoor |
S |
Y |
S |
Y |
Storage Facilities |
|
|
|
|
Indoor |
Y |
Y |
Y |
Y |
Outdoor |
N |
Y |
S |
Y |
Hazardous materials |
N |
N |
N |
S |
TRANSPORTATION USES |
Ambulance service |
Y |
Y |
S |
Y |
Ground transportation service |
S |
Y |
S |
Y |
Passenger terminal |
Y |
Y |
Y |
Y |
Helicopter landing facility |
S |
S |
S |
S |
Airport |
N |
Y |
N |
N |
Ship terminal or docking facility |
N |
Y |
N |
Y |
Truck freight terminal |
N |
S |
S |
L |
Railroad switching, classification yard or freight terminal |
N |
Y |
Y |
Y |
INDUSTRIAL USES |
Manufacturing, light |
Y |
Y |
Y |
Y |
Manufacturing, heavy |
N |
S |
S |
Y |
Manufacturing, intense |
N |
N |
N |
S |
Research and development |
Y |
Y |
Y |
Y |
Processing or recycling of mined minerals |
N |
N |
N |
S |
Contractor's shop |
Y |
Y |
Y |
Y |
Contractor's yard |
S |
Y |
Y |
Y |
AGRICULTURAL USES |
Plant nursery or greenhouse |
Y |
Y |
Y |
Y |
Raising of crops or livestock |
Y |
Y |
Y |
Y |
UTILITY AND PUBLIC SERVICE USES |
Broadcasting or recording studio |
Y |
S |
Y |
S |
Transmission tower |
L |
L |
L |
L |
Water treatment plant |
Y |
Y |
Y |
Y |
Sewerage treatment plant |
N |
Y |
N |
Y |
Power generation plant |
N |
S |
N |
Y |
Small wind energy system |
Y |
Y |
Y |
Y |
Substation/distribution equipment, indoor |
S |
Y |
S |
Y |
Substation/distribution equipment, outdoor |
L |
Y |
L |
Y |
TEMPORARY USES |
Seasonal market |
L |
L |
L |
L |
Temporary real estate sales office |
L |
L |
L |
L |
Concrete/batch plant, temporary |
L |
L |
L |
L |
Live entertainment special event |
L |
L |
L |
L |
|
|
|
|
|
|
Part 2. Section 295-803-2-d of the code is repealed.
(Note: The provisions being repealed read as follows:
295-803. Uses.
2. LIMITED USE STANDARDS.
d. Day Care Center. d-1. The use is located in a building containing an elementary school, college, library or cultural institution as a principal use.
d-2. The use shall not operate between the hours of 12 a.m. and 5 a.m.
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.
d-4. For any day care center other than an adult day care center, if the day care center is located in a building containing an elementary or secondary school, college, library or cultural institution as a principal use, the facility shall not be located within 300 feet of a premises for which the common council has granted any of the alcohol beverage licenses identified in s. 90-4-1, 2 and 5 and such license is currently valid. This standard shall not apply to a day care center in operation on February 3, 2007.)
Part 3. Table 295-805-2 of the code is amended to read:
Table 295-805-2 PRINCIPAL BUILDING DESIGN STANDARDS |
>>Design Standards for Industrial Buildings (as defined in s. 295-805-4-e-1)<< |
|
IO1 |
IO2 |
IL1 |
IL2 |
IM |
IH |
Front setback, minimum (ft.) |
none * |
none * |
none * |
none * |
none * |
none * |
Side street setback, minimum (ft.) |
none * |
none * |
none * |
none * |
none * |
none * |
Rear street setback, minimum (ft.) |
none * |
none * |
none * |
none * |
none * |
none * |
Side setback, minimum (ft.) |
none * |
none * |
none * |
none * |
none * |
none * |
Rear setback, minimum (ft.) |
none * |
none * |
none * |
none * |
none * |
none * |
Height, maximum |
none ** |
none ** |
none ** |
none ** |
85 ft. (new con- struc- tion only) ** |
none ** |
Height, minimum |
none |
none |
none |
none |
30 ft. |
none |
* Whenever an industrial building site is adjacent to or across a street or alley from a residential, institutional, park or non-industrial planned development district, see also the residential buffer (setback) standards of table 295-805-4-d. |
** Whenever an industrial building site is adjacent to or across a street or alley from a residential, institutional, park or non-industrial planned development district, see also s. 295-805-4-e. |
Design Standards for Non-industrial Buildings Except Single-family and Two-family Dwellings |
|
IO1 |
IO2 |
IL1 |
IL2 |
IM |
IH |
Refer to design standards in subch. 6 for this commercial district: |
LB1 |
LB2 |
LB1 |
LB2 |
[[LB2 ***]] >>LB3<< |
LB2 |
[[*** Compliance with the lot area and lot coverage requirements of the LB2 district shall not be required and maximum building height shall be 85 feet. For residential buildings, compliance with the glazing requirements of the LB2 district shall not be required.]] |
Design Standards for Single-family and Two-family Dwellings |
|
IO1 |
IO2 |
IL1 |
IL2 |
IM |
IH |
Refer to design standards in subch. 5 for this residential district: |
RT2 |
RT3 |
RT2 |
RT3 |
RT4 |
RT4 |
|
|
|
|
|
|
|
|
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
LRB139339-1
Jeff Osterman
09/05/2012