Number
000739
Version
SUBSTITUTE 3
Reference
941690
Sponsor
ALD. HENNINGSEN
Title
A substitute ordinance relating to distance requirements for bed and breakfast establishments.
Sections
295-14-11 rc
Analysis
This ordinance provides that the 600-foot spacing requirment for bed and breakfast establishments shall not apply to establishments located in the area bounded by West Juneau Avenue, West Michigan Street, North 27th Street and North 35th Street. It also eliminates the prohibition on any structural addition or renovation to a bed and breakfast establishment outside the dimensions of the original structure.
Body
Whereas, On May 5, 1987, the Common Council passed File Number 86-413, an ordinance establishing zoning regulations for bed and breakfast establishments; and
Whereas, This ordinance required that each bed and breakfast establishment be located at least 2,500 feet from any other bed and breakfast establishment, that the bed and breakfast establishment be the owner's personal residence and that the bed and breakfast establishment be occupied by the owner while rooms in the establishment are rented out; and
Whereas, On July 30, 1996, the Common Council passed File Number 941690, an ordinance that made a number of revisions to the bed and breakfast regulations, including a reduction of the spacing requirement from 2,500 feet to 600 feet; and
Whereas, The spacing requirement for bed and breakfast establishments was originally intended to prevent the proliferation and over-concentration of such establishments in certain residential Milwaukee neighborhoods, a concern that is no longer relevant in many parts of the city; and
Whereas, In the West Side neighborhood bordered by West Juneau Avenue, West Michigan Street, North 27th Street and North 35th Street, an area with many large, historically and architecturally significant homes, the opening of bed and breakfast establishments has been a positive, stabilizing force for the area; and
Whereas, While the City of Milwaukee desires to encourage the opening of additional bed and breakfast establishments in this neighborhood, the bed and breakfast spacing requirement currently found in the Zoning Code precludes most such development; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-14-11 of the code is repealed and recreated to read:
295-14. Special Conditions.
11. BED AND BREAKFAST ESTABLISHMENTS. a. Each bed and breakfast establishment shall:
a-1. Provide 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for a length of stay not exceeding 21 days.
a-2. Provide no meals other than breakfast and provide breakfast only to guests.
a-3. Be the owner's personal residence.
a-4. Be occupied by the owner at the time of rental.
a-5. Have been occupied as a single-family residence at any time prior to use as a place of lodging.
a-6. Be operated with a bed and breakfast establishment permit issued by the health department pursuant to s. 75-5.
b. In the area bounded by West Juneau Avenue, West Michigan Street, North 27th Street and North 35th Street, the 600-foot spacing requirement for bed and breakfast establishments specified in this chapter shall not apply.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
00435-3
JDO
9/27/00