NUMB:
980851
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance amending certain provisions within the central business zoning districts.
SECS:
295-7-178.5 cr
295-414-2 am
295-414-7 rc
295-424 rc
295-453-2 rc
295-463-2 rc
295-472-2 cr
295-473-2 rc
ANLS:
- Analysis -
This ordinance makes the zoning classification of single-family, 2-family and multi-family dwellings consistent throughout the C9E (major retail), C9F (office and service) and C9G (mixed activity) central business zoning districts. In these districts, the specified dwelling types are:
1. Permitted uses when not located in the street level area.
2. Special uses when located in the street level area, provided such dwellings face no public right-of-way other than North RiverWalk Way.
3. Prohibited uses when located in the street level area and facing any public right-of-way other than North RiverWalk Way.
This ordinance also modifies the side setback and minimum lot size requirements for the C9A (high density residential) central business zoning district. The minimum side setback is reduced from 5 feet to 3 feet and the minimum total for the 2 side setbacks is reduced from 12 feet to 8 feet. In addition, side setbacks are no longer required for a "townhouse," a term defined in this ordinance. This ordinance further provides that the minimum lot size for lots in this district (currently 7,200 square feet) is eliminated and the minimum lot width is reduced from 60 feet to 24 feet.
This ordinance eliminates all lot requirements for the C9B (residential and specialty use) central business zoning district.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-7-178.5 of the code is created to read:
295-7. Definitions.
178.5. TOWNHOUSE: A building containing 2 or more attached dwelling units with no unit above another unit and each unit located on a separate lot.
Part 2. Section 295-414-2 of the code is amended to read:
295-414. C9A (High Density Residential): Lot Requirements.
2. SIDE SETBACK. One side setback shall be provided of at least [[5]] >>3<< feet and a total of at least [[12]] >>8<< feet shall be provided for 2 sides >>, except that side setbacks are not required from side lot lines shared by separate townhouse units<<.
Part 3. Section 295-414-7 of the code is repealed and recreated to read:
7. LOT SIZE. Every lot shall have a width of at least 24 feet.
Part 4. Section 295-424 of the code is repealed and recreated to read:
295-424. C9B (Residential and Specialty Use): Lot Requirements. There are no lot requirements.
Part 5. Section 295-453-2 of the code is repealed and recreated to read:
295-453. C9E (Major Retail): Special Uses.
2. RESIDENTIAL. a. Single-family, 2-family and multi-family dwellings in the street level area provided such dwellings face no public right-of-way other than North RiverWalk Way.
b. When not located in the street level area:
b-1. Large group shelter care facilities, subject to s. 295-14-1.
b-2. Community living arrangements, subject to s. 295-14-1 as follows:
b-2-a. For 16 or more persons.
b-2-b. Those determined by the common council to be a nuisance under s. 62.23(7)(i), Wis. Stats.
Part 6. Section 295-463-2 of the code is repealed and recreated to read:
295-463. C9F (Office and Service): Special Uses.
2. RESIDENTIAL. a. Single-family, 2-family and multi-family dwellings in the street level area provided such dwellings face no public right-of-way other than North RiverWalk Way.
b. When not located in the street level area:
b-1. Large group shelter care facilities, subject to s. 295-14-1.
b-2. Community living arrangements, subject to s. 295-14-1 as follows:
b-2-a. For 16 or more persons.
b-2-b. Those determined by the common council to be a nuisance under s. 62.23(7)(i), Wis. Stats.
Part 7. Section 295-472-2 of the code is created to read:
295-472. C9G (Mixed Activity): Permitted Uses.
2. RESIDENTIAL. Single-family, 2-family and multi-family dwellings, when not located in the street level area.
Part 8. Section 295-473-2 of the code is repealed and recreated to read:
295-473. C9G (Mixed Activity): Special Uses.
2. RESIDENTIAL. a. Single-family, 2-family and multi-family dwellings in the street level area provided such dwellings face no public right-of-way other than North RiverWalk Way.
b. When not located in the street level area:
b-1. Family day care homes.
b-2. Foster family homes.
b-3. Small foster homes, subject to s. 295-14-1.
b-4. Shelter care facilities as follows:
b-4-a. Family group shelter care facilities.
b-4-b. Small and large group shelter care facilities, subject to s. 295-14-1.
b-5. Community living arrangements, subject to s. 295-14-1.
b-6. Rooming houses.
b-7. Residential hotels.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Department of City Development
DFTR:
LRB98319.2
JDO
10/21/98
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