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File #: 081482    Version: 0
Type: Ordinance Status: Placed On File
File created: 2/10/2009 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 4/14/2009
Effective date:    
Title: An ordinance relating to board of zoning appeals consideration of variance and special use permit applications for day care centers.
Sponsors: ALD. DAVIS, ALD. BAUMAN
Indexes: BOARD OF ZONING APPEALS, DAY CARE CENTERS, ZONING
Attachments: 1. City Plan Commission Letter.pdf, 2. Zoning Code Technical Committee Letter, 3. 2004 Legal Opinion, 4. 1996 Legal Opinion, 5. Milwaukee Journal Sentinel Articles on Child-Care Scams, 6. Minutes of the Zoning Code Technical Committee Meeting, 7. Recording of the Zoning Code Technical Committee Meeting - Part 1, 8. Recording of the Zoning Code Technical Committee Meeting - Part 2, 9. Hearing Notice List
Number
081482
Version
ORIGINAL
Reference

Sponsor
ALD. DAVIS AND BAUMAN
Title
An ordinance relating to board of zoning appeals consideration of variance and special use permit applications for day care centers.
Sections
295-311-4-g cr
Analysis
This ordinance establishes a moratorium on board of zoning appeals consideration of special use permit or use variance applications for new day care centers. The moratorium commences on the effective date of this ordinance and lasts for a period of 6 months. This moratorium shall not apply to applications for renewal of special use permits or use variances to continue operation of existing day care centers.
Body
Whereas, The City’s Zoning Code defines a “day care center” as “an establishment in which the operator is provided with compensation in return for providing individuals with care for less than 24 hours at a time”; and

Whereas, This definition also includes a “family day care home” (facility providing care for 8 or fewer children) in which the operator does not reside; and

Whereas, The Zoning Code requires operators of day care centers located in various zoning districts or in certain other specified circumstances to obtain special use permits from the Board of Zoning Appeals; and

Whereas, In circumstances where a day care center is classified as a prohibited use, an interested party may still apply to the Board of Zoning appeals for a use variance to allow operation of the facility; and

Whereas, A recent 4-month investigation by the Milwaukee Journal Sentinel uncovered numerous examples of fraud, deceit and loopholes within the State of Wisconsin’s $340 million taxpayer-funded “Wisconsin Shares” child-care assistance program, as well as evidence of inadequate caseworker oversight, regulatory leniency within the program and an overall lack of accountability for how taxpayer dollars are spent; and

Whereas, In response to the Journal Sentinel expose, various elected officials and state and local...

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