Number
031136
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WITKOWSKI AND BREIER
Title
A substitute ordinance relating to limited use standards for certain uses in industrial zoning districts.
Sections
295-803-1 (table) am
295-803-2-L-4 am
295-803-2-v am
295-803-2-w am
Analysis
This ordinance makes the following changes to the regulations for industrial zoning districts:
1. A mixed-waste processing facility or a heavy motor vehicle repair facility or body shop located within 150 feet of a residential zoning district shall be permitted as a limited use in an industrial-light (IL) or industrial-heavy (IH) zoning district only if the use is totally enclosed within a building and does not operate between the hours of 7 p.m. and 7 a.m. (There are additional limited use standards for the 2 heavy motor vehicle-related uses). Currently, these uses are required to meet one of these standards, but not both, in order to be permitted as a limited use.
2. A material reclamation facility located within 150 feet of a residential district shall be permitted as a limited use in the industrial-heavy (IH) district only if the facility does not operate between the hours of 7 p.m. and 7 a.m. (This is in addition to an existing limited use standard requiring the facility to be contained entirely within a building, regardless of the facility's distance from a residential district).
3. The classification of heavy motor vehicle outdoor storage in an industrial-light (IL) district is changed from limited use to special use.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Table 295-803-1 of the code is amended to read:
Table 295-803-1 INDUSTRIAL DISTRICTS USE TABLE |
Y = Permitted Use L = Limited Use S = Special Use N = Prohibited Use |
Zoning Districts |
Uses |
IO1/IO2 |
IL1/IL2 |
IM |
IH |
RESIDENTIAL USES |
Single-family dwelling |
N |
N |
Y |
N |
Two-family dwelling |
N |
N |
Y |
N |
Multi-family dwelling |
N |
N |
Y |
N |
Attached single-family dwelling |
N |
N |
Y |
N |
Live-work unit |
N |
N |
Y |
N |
Mobile home |
N |
N |
N |
N |
Watchman/service quarters |
Y |
Y |
N |
Y |
Family day care home |
N |
N |
Y |
N |
Group Residential |
|
|
|
|
Rooming house |
N |
N |
S |
N |
Convent, rectory or monastery |
N |
N |
Y |
N |
Dormitory |
N |
N |
S |
N |
Fraternity or sorority |
N |
N |
S |
N |
Adult family home |
N |
N |
L |
N |
Foster Homes |
|
|
|
|
Foster family home |
N |
N |
Y |
N |
Small foster home |
N |
N |
L |
N |
Group home or group foster home |
N |
N |
L |
N |
Shelter Care Facilities |
|
|
|
|
Family shelter care facility |
N |
N |
Y |
N |
Small group shelter care facility |
N |
N |
L |
N |
Large group shelter care facility |
N |
N |
S |
N |
Community living arrangement |
N |
N |
L |
N |
Transitional living facility |
N |
N |
S |
N |
EDUCATIONAL USES |
Day care center |
S |
S |
L |
S |
School, elementary or secondary |
N |
N |
Y |
N |
College |
S |
S |
S |
N |
School, specialty or personal instruction |
S |
S |
S |
N |
COMMUNITY-SERVING USES |
Library |
N |
N |
Y |
N |
Cultural institution |
N |
N |
L |
N |
Community center |
N |
N |
S |
N |
Religious assembly |
N |
N |
S |
N |
Cemetery or other place of interment |
N |
N |
N |
N |
Public safety facility |
Y |
Y |
Y |
Y |
Correctional facility |
N |
N |
N |
N |
COMMERCIAL AND OFFICE USES |
General office |
Y |
Y |
Y |
L |
Government office |
Y |
Y |
Y |
L |
Bank or other financial institution |
S |
S |
Y |
N |
Currency exchange, payday loan or title loan agency |
N |
N |
S |
N |
Retail establishment, general |
N |
N |
Y |
N |
Garden supply or landscaping center |
N |
Y |
Y |
N |
Home improvement center |
N |
Y |
Y |
N |
Secondhand store |
N |
N |
S |
N |
Outdoor merchandise sales |
N |
N |
L |
N |
Artist studio |
N |
Y |
Y |
N |
Adult retail establishment |
N |
N |
S |
N |
HEALTH CARE AND SOCIAL ASSISTANCE |
Medical office |
S |
N |
S |
N |
Health clinic |
L |
N |
S |
N |
Hospital |
N |
N |
N |
N |
Medical research laboratory |
Y |
Y |
Y |
N |
Medical service facility |
N |
S |
N |
N |
Social service facility |
N |
S |
S |
N |
Emergency residential shelter |
N |
N |
N |
N |
Nursing home |
N |
N |
N |
N |
GENERAL SERVICE USES |
Personal service |
N |
N |
Y |
N |
Business service |
Y |
S |
Y |
N |
Building maintenance service |
S |
Y |
S |
N |
Catering service |
S |
Y |
Y |
N |
Funeral home |
N |
N |
N |
N |
Laundromat |
N |
N |
Y |
N |
Dry cleaning establishment |
N |
N |
Y |
N |
Furniture and appliance rental and leasing |
N |
N |
Y |
N |
Household maintenance and repair service |
N |
Y |
Y |
N |
Tool/equipment rental facility |
N |
Y |
Y |
N |
Animal Services |
|
|
|
|
Animal hospital/clinic |
N |
Y |
L |
Y |
Animal boarding facility |
N |
Y |
L |
Y |
Animal grooming or training facility |
N |
Y |
L |
Y |
MOTOR VEHICLE USES |
Light Motor Vehicle |
|
|
|
|
Sales facility |
N |
S |
S |
S |
Rental facility |
L |
S |
S |
S |
Repair facility |
N |
S |
S |
L |
Body shop |
N |
S |
S |
L |
Outdoor storage |
N |
Y |
S |
Y |
Limited wholesale facility |
Y |
Y |
Y |
Y |
Heavy Motor Vehicle |
|
|
|
|
Sales facility |
N |
Y |
S |
Y |
Rental facility |
N |
Y |
S |
Y |
Repair facility |
N |
L |
S |
L |
Body shop |
N |
L |
S |
L |
Outdoor storage |
N |
[[L]] >>S<< |
S |
Y |
General Motor Vehicle |
|
|
|
|
Filling station |
S |
S |
S |
S |
Car wash |
S |
S |
S |
S |
Drive-through facility |
S |
S |
S |
S |
Parking |
|
|
|
|
Parking lot, principal use |
Y |
Y |
L |
Y |
Parking lot, accessory use |
Y |
Y |
L |
Y |
Parking structure, principal use |
Y |
Y |
L |
Y |
Parking structure, accessory use |
L |
L |
L |
L |
Heavy motor vehicle parking lot, principal use |
S |
L |
L |
Y |
Heavy motor vehicle parking lot, accessory use |
Y |
Y |
Y |
Y |
ACCOMODATION AND FOOD SERVICE USES |
Bed and breakfast |
N |
N |
Y |
N |
Hotel, commercial |
L |
N |
Y |
N |
Hotel, residential |
N |
N |
Y |
N |
Tavern |
L |
L |
Y |
L |
Assembly hall |
S |
S |
S |
N |
Restaurant, sit-down |
L |
L |
Y |
L |
Restaurant, fast-food/carry-out |
L |
L |
L |
L |
ENTERTAINMENT AND RECREATION USES |
Park or playground |
S |
S |
S |
S |
Festival grounds |
N |
N |
N |
N |
Recreation facility, indoor |
N |
S |
Y |
N |
Recreation facility, outdoor |
N |
N |
S |
N |
Health club |
L |
L |
Y |
N |
Sports facility |
N |
S |
S |
N |
Gaming facility |
N |
S |
N |
N |
Theater |
N |
N |
Y |
N |
Convention and exposition center |
S |
N |
S |
N |
Marina |
Y |
Y |
Y |
Y |
Outdoor racing facility |
N |
N |
N |
S |
Adult entertainment establishment |
N |
N |
N |
N |
STORAGE, RECYCLING AND WHOLESALE TRADE USES |
Recycling collection facility |
S |
Y |
S |
Y |
Mixed-waste processing facility |
N |
L |
S |
L |
Material reclamation facility |
N |
N |
N |
L |
Salvage operation, indoor |
L |
L |
L |
L |
Salvage operation, outdoor |
N |
S |
S |
S |
Wholesale and distribution facility, indoor |
Y |
Y |
Y |
Y |
Wholesale and distribution facility, outdoor |
S |
Y |
S |
Y |
Storage Facilities |
|
|
|
|
Indoor |
Y |
Y |
Y |
Y |
Outdoor |
N |
Y |
S |
Y |
Hazardous materials |
N |
N |
N |
S |
TRANSPORTATION USES |
Ambulance service |
Y |
Y |
S |
Y |
Ground transportation service |
S |
Y |
S |
Y |
Passenger terminal |
Y |
Y |
Y |
Y |
Helicopter landing facility |
S |
S |
S |
S |
Airport |
N |
Y |
N |
N |
Ship terminal or docking facility |
N |
Y |
N |
Y |
Truck freight terminal |
N |
S |
S |
L |
Railroad switching, classification yard or freight terminal |
N |
Y |
Y |
Y |
INDUSTRIAL USES |
Manufacturing, light |
Y |
Y |
Y |
Y |
Manufacturing, heavy |
N |
S |
S |
Y |
Manufacturing, intense |
N |
N |
N |
S |
Research and development |
Y |
Y |
Y |
Y |
Processing or recycling of mined minerals |
N |
N |
N |
S |
Contractor's shop |
S |
Y |
Y |
Y |
Contractor's yard |
S |
Y |
Y |
Y |
AGRICULTURAL USES |
Plant nursery or greenhouse |
Y |
Y |
Y |
Y |
Raising of crops or livestock |
Y |
Y |
Y |
Y |
UTILITY AND PUBLIC SERVICE USES |
Broadcasting or recording studio |
Y |
S |
Y |
S |
Transmission tower |
L |
L |
L |
L |
Water treatment plant |
Y |
Y |
Y |
Y |
Sewerage treatment plant |
N |
Y |
N |
Y |
Power generation plant |
N |
S |
N |
Y |
Substation/distribution equipment, indoor |
S |
Y |
S |
Y |
Substation/distribution equipment, outdoor |
L |
Y |
L |
Y |
TEMPORARY USES |
Seasonal market |
L |
L |
L |
L |
Temporary real estate sales office |
L |
L |
L |
L |
Concrete/batch plant, temporary |
L |
L |
L |
L |
Live entertainment special event |
L |
L |
L |
L |
|
|
|
|
|
|
Part 2. Section 295-803-2-L-4 of the code is amended to read:
295-803. Uses.
2. LIMITED USE STANDARDS.
L. Heavy Motor Vehicle Repair Facility, Heavy Motor Vehicle Body Shop or Heavy Motor Vehicle Outdoor Storage.
L-4. If the use is located within 150 feet of a residential district, it shall be totally enclosed >>within a building<< [[or]] >>and<< it shall not operate between the hours of 7 p.m. and 7 a.m.
Part 3. Section 295-803-2-v of the code is amended to read:
v. Mixed-waste Processing Facility. If the use is located within 150 feet of a residential district >>,<< it shall be totally enclosed >>within a building<< [[or]] >>and<< it shall not operate between the hours of 7 p.m. and 7 a.m.
Part 4. Section 295-803-2-w of the code is amended to read:
w. Material Reclamation Facility. The use shall be contained entirely within a building >>and, if located within 150 feet of a residential district, shall not operate between the hours of 7 p.m. and 7 a.m.<<
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB03531-2
JDO
12/19/03