City of Milwaukee - File #: 031244

• File #: 031244
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 12/19/2003
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 12/21/2004
• Effective date: 1/13/2005
• Title: A substitute ordinance relating to zoning regulations for family day care homes and day care centers.
• Sponsors: ALD. BOHL, ALD. DUDZIK, ALD. WITKOWSKI, ALD. DONOVAN, ALD. DAVIS, ALD. MURPHY, ALD. PUENTE
• Indexes: DAY CARE CENTERS, ZONING

Date	Ver.	Action By	Action	Result	Tally
12/17/2013	1	COMMON COUNCIL	HEARING NOTICES SENT
11/1/2013	1	COMMON COUNCIL	DRAFT SUBMITTED
11/1/2013	1	COMMON COUNCIL	PUBLISHED; Minutes note: This file is being published 2/20/04 and 2/27/04 for a CPC Mtg. on 3/8/04 at 3:50 p.m.
10/15/2013	0	COMMON COUNCIL	PUBLISHED; Minutes note: This files is being published 2/2/04 and 2/9/04 for a CPC Mtg. on 2/16/04 at 2:50 p.m.
9/24/2013		COMMON COUNCIL	REFERRED TO
9/17/2013	0	JUDICIARY & LEGISLATION COMMITTEE	ASSIGNED TO
1/12/2005	1	CITY CLERK	PUBLISHED
12/23/2004	1	MAYOR	SIGNED
12/21/2004	1	COMMON COUNCIL	PASSED; Minutes note: Ald. Puente asked to be added as a sponsor of this matter.	Pass	15:0
12/14/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
12/6/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
12/3/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
12/3/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/18/2004	1	CITY CLERK	Sponsor added; Minutes note: Former Ald. Nardelli, Richards, Pratt, Breier and Gordon removed as sponsors.
5/25/2004	1	COMMON COUNCIL	REFERRED TO; Minutes note: (Ald. D'Amato moved to hold File No. 031244 until the end of the Committee Report. No objections). Ald. D'Amato moved to refer this matter back to the Zoning, Neighborhoods & Development Committee. Prevailed.	Pass
3/19/2004	1	COMMON COUNCIL	NOT RETURNED BY CITY ATTORNEY	Pass
3/16/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
3/9/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT

Number
031244
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. BOHL, DUDZIK, WITKOWSKI, DONOVAN, DAVIS, MURPHY AND PUENTE
Title
A substitute ordinance relating to zoning regulations for family day care homes and day care centers.
Sections
295-201-137 am
295-201-183 am
295-203-1-h am
295-203-2-a am
295-503-1 (table) am
295-503-2-e-1 am
295-503-2-i cr
Analysis
This ordinance eliminates the provision allowing the operator of a family day care home located in a 2-family dwelling to live in one dwelling unit and operate the family day care home in the other unit. Under this ordinance, if the operator of a family day care home does not reside in the dwelling unit in which the day care activity is located, the family day care home shall be reclassified as a "day care center".

This ordinance also changes the use classification of day care centers in residential zoning districts from special use to limited use. The limited use standards for day care centers shall be as follows:

1. The day care center shall be an accessory use to an elementary or secondary school, religious assembly, community center, cultural institution or library, shall meet the minimum outdoor play space requirement of s. HFS 46.06(11), Wis. Adm. Code, and shall meet the off-street parking requirement for the existing principal use.

2. A day care center, including a family day care home classified as a day care center because the operator does not live in the dwelling, shall not be permitted in a residential structure in an RS1 to RS6, RT1 to RT3 or RM1 or RM2 district. In all other residential zoning districts, a day care center in a residential structure shall be classified as a special use.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 295-201-137 of the code is amended to read:

295-201. Definitions.

137. DAY CARE CENTER means an establishment in which the operator is provided with compensati...