City of Milwaukee - File #: 230101

• File #: 230101
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 5/9/2023
• In control: COMMON COUNCIL
• Final action: 6/20/2023
• Effective date: 7/8/2023
• Title: A substitute ordinance relating to regulations for restaurants with drive-through facility, restaurants without drive-through facility, and accommodation and food service uses.
• Sponsors: ALD. BROSTOFF, ALD. ZAMARRIPA
• Indexes: FOOD DEALERS, RESTAURANTS

Date	Ver.	Action By	Action	Result	Tally
7/7/2023	1	CITY CLERK	PUBLISHED
6/28/2023	1	MAYOR	SIGNED
6/20/2023	1	COMMON COUNCIL	PASSED	Pass	14:0
6/13/2023	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Sam Leichtling, Dept. of City Development Tea Norfolk, Legislative Reference Bureau A presentation was made. Ald. Brostoff moved substitution of the file with Proposed Substitute A. (Prevailed 5-0)	Pass	5:0
6/13/2023	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
6/5/2023	0	CITY PLAN COMMISSION	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Appearing: Ald. JoCasta Zamarripa, 8th Ald. Dist. Ald. Jonathan Brostoff, 3rd Ald. Dist. Tea Norfolk, LRB A presentation was made by Mr. Leichtling, Ald. Zamarripa, and Ald. Brostoff. Under consideration was the Proposed Substitute A version for the file. Vice-chair Nemec moved approval, seconded by member Smith. (Prevailed 6-0)	Pass	6:0
5/19/2023	0	CITY CLERK	PUBLISHED
5/12/2023	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
5/10/2023	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
5/9/2023	0	COMMON COUNCIL	ASSIGNED TO

Number
230101
Version
SUBSTITUTE 1
...Reference

Sponsor
ALD. BROSTOFF AND ZAMARRIPA

Title
A substitute ordinance relating to regulations for restaurants with drive-through facility, restaurants without drive-through facility, and accommodation and food service uses.
Sections
200-42-3-a-0 am
200-42-3-b-0 am
295-201-501 am
295-201-502 cr
295-203-9-g am
Analysis
This ordinance adds food truck parks and restaurant collectives to the zoning code definition of “restaurant without drive-through facility” to clarify occupancy permit requirements for these types of businesses. This ordinance also defines a “restaurant food truck park.”
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 200-42-3-a-0 and b-0 of the code is amended to read:

200-42. Certificate of Occupancy.
3. WHEN ISSUED. a. In the case of a proposed use, as described in ch. SPS 362, Wis. Adm. Code, as amended, that is not within the same group of uses as the prior use, and where the proposed use is as hazardous or more hazardous, based on life and fire risk, than the prior use, or whenever the proposed use is an elementary or secondary school, or a daycare or a rooming house, or a tavern, [[fast food/carryout restaurant]] >>or a restaurant with drive-through facility,<< as defined under [[s. s. 295-201-499]]>>s. 295-201-499,<< or a [[sit-down restaurant]] >>restaurant without drive-through facility<<, as defined under s. 295-201-501, or where otherwise requested, the commissioner shall issue a certificate of occupancy:

b. Unless otherwise required by law, in the case of a proposed use, as described in ch. SPS 362, Wis. Adm. Code, as amended, that is within the same group of uses as the prior use, or in the case of a proposed use that is not within the same group of uses as the prior use and that is less hazardous, based on life and fire risk, than the prior use, except whenever the proposed use is an elementary or secondary school, a daycare, a...