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 compensation in return for providing individuals with care for less than 24 hours at a time. This term includes, but is not limited to, a day care nursery, nursery school, adult day care center or other supplemental care facility. [[This term does not include a family day care home.]] >>This term also includes a family day care home in which the operator does not reside.<<
Part 2. Section 295-201-183 of the code is amended to read:
183. FAMILY DAY CARE HOME means a dwelling unit licensed as a family day care center by the Wisconsin department of health and family services under s. 48.65, Wis. Stats., and ch. HFS 45, Wis. Admin. Code, or certified as a day care center by Milwaukee county, where care is provided for not more than 8 children at any given time. >>A family day care home is typically the primary residence of its operator.<<
Part 3. Section 295-203-1-h of the code is amended to read:
295-203. Use Definitions.
1. RESIDENTIAL USES.
h. "Family day care home" means a dwelling unit licensed as a family day care center by the Wisconsin department of health and family services under s. 48.65, Wis. Stats., and ch. HFS 45, Wis. Admin. Code, or certified as a day care center by Milwaukee county, where care is provided for not more than 8 children at any given time. >>A family day care home is typically the primary residence of its operator.<<
Part 4. Section 295-203-2-a of the code is amended to read:
2. EDCUATIONAL USES.
a. "Day care center" means 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. This term includes, but is not limited to, a day care nursery, nursery school, adult day care center or other supplemental care facility. [[This term does not include a family day care home.]] >>This term also includes a family day care home in which the operator does not reside.<<
Part 5. Table 295-503-1 of the code is amended to read:
Table 295-503-1 RESIDENTIAL DISTRICTS USE TABLE |
Y = Permitted Use L = Limited Use S = Special Use N = Prohibited Use |
Zoning Districts |
|
Uses |
RS1-RS5 |
RS6 |
RT1-RT3 |
RT4 |
RM1-RM2 |
RM3-RM7 |
RO1 |
RO2 |
|
RESIDENTIAL USES |
|
Single-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Two-family dwelling |
L |
L |
Y |
Y |
Y |
Y |
Y |
Y |
|
Multi-family dwelling |
N |
N |
L |
L |
Y |
Y |
Y |
Y |
|
Attached single-family dwelling |
N |
N |
L |
L |
Y |
Y |
Y |
Y |
|
Live-work unit |
N |
N |
N |
L |
L |
L |
Y |
Y |
|
Mobile home |
N |
N |
N |
N |
N |
N |
N |
N |
|
Watchman/service quarters |
N |
N |
N |
N |
N |
N |
N |
N |
|
Family day care home |
L |
L |
L |
L |
L |
L |
L |
L |
|
Group Residential |
|
|
|
|
|
|
|
|
|
Rooming house |
N |
N |
N |
S |
S |
S |
S |
S |
|
Convent, rectory or monastery |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Dormitory |
N |
N |
N |
S |
S |
S |
S |
S |
|
Fraternity or sorority |
N |
N |
N |
S |
S |
S |
S |
S |
|
Adult family home |
L |
L |
L |
L |
L |
L |
L |
L |
|
Foster Homes |
|
|
|
|
|
|
|
|
|
Foster family home |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Small foster home |
L |
L |
L |
L |
L |
L |
L |
L |
|
Group home or group foster home |
L |
L |
L |
L |
L |
L |
L |
L |
|
Shelter Care Facilities |
|
|
|
|
|
|
|
|
|
Family shelter care facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Small group shelter care facility |
L |
L |
L |
L |
L |
L |
L |
L |
|
Large group shelter care facility |
N |
N |
N |
S |
S |
S |
S |
S |
|
Community living arrangement |
L |
L |
L |
L |
L |
L |
L |
L |
|
Transitional living facility |
N |
N |
N |
S |
S |
S |
S |
S |
|
EDUCATIONAL USES |
|
Day care center |
[[S]] >>L<< |
[[S]] >>L<< |
[[S]] >>L<< |
[[S]] >>L<< |
[[S]] >>L<< |
[[S]] >>L<< |
[[S]] >>L<< |
[[S]] >>L<< |
|
School, elementary or secondary |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
College |
N |
N |
N |
S |
S |
S |
Y |
Y |
|
School, specialty or personal instruction |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
COMMUNITY-SERVING USES |
|
Library |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Cultural institution |
N |
L |
N |
L |
L |
L |
L |
L |
|
Community center |
N |
S |
N |
S |
S |
S |
S |
S |
|
Religious assembly |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Cemetery or other place of interment |
N |
N |
N |
N |
N |
N |
N |
N |
|
Public safety facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Correctional facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
COMMERCIAL AND OFFICE USES |
|
General office |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Government office |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Bank or other financial institution |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Currency exchange, payday loan or title loan agency |
N |
N |
N |
N |
N |
N |
N |
N |
|
Retail establishment, general |
N |
L |
N |
L |
N |
L |
L |
L |
|
Garden supply or landscaping center |
N |
N |
N |
N |
N |
N |
N |
N |
|
Home improvement center |
N |
N |
N |
N |
N |
N |
N |
N |
|
Secondhand store |
N |
N |
N |
N |
N |
N |
S |
S |
|
Outdoor merchandise sales |
N |
N |
N |
N |
N |
N |
N |
N |
|
Artist studio |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Adult retail establishment |
N |
N |
N |
N |
N |
N |
N |
N |
|
HEALTH CARE AND SOCIAL ASSISTANCE USES |
|
Medical office |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Health clinic |
N |
N |
N |
N |
N |
S |
S |
S |
|
Hospital |
N |
N |
N |
N |
N |
N |
N |
N |
|
Medical research laboratory |
N |
N |
N |
N |
N |
N |
N |
N |
|
Medical service facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Social service facility |
N |
N |
N |
S |
N |
S |
S |
S |
|
Emergency residential shelter |
N |
N |
N |
N |
S |
S |
S |
S |
|
Nursing home |
N |
S |
N |
S |
S |
S |
S |
S |
|
GENERAL SERVICE USES |
|
Personal service |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Business service |
N |
S |
N |
S |
N |
S |
L |
L |
|
Building maintenance service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Catering service |
N |
L |
N |
L |
N |
L |
L |
L |
|
Funeral home |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Laundromat |
N |
N |
N |
N |
N |
N |
L |
L |
|
Dry cleaning establishment |
N |
L |
N |
L |
N |
L |
L |
L |
|
Furniture and appliance rental and leasing |
N |
N |
N |
N |
N |
N |
N |
N |
|
Household maintenance and repair service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Tool/equipment rental facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Animal Services |
|
|
|
|
|
|
|
|
|
Animal hospital/clinic |
N |
N |
N |
N |
N |
N |
N |
N |
|
Animal boarding facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Animal grooming or training facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
MOTOR VEHICLE USES |
|
Light Motor Vehicle |
|
|
|
|
|
|
|
|
|
Sales facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Rental facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Repair facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Body shop |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor storage |
N |
N |
N |
N |
N |
N |
N |
N |
|
Limited wholesale facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Heavy Motor Vehicle |
|
|
|
|
|
|
|
|
|
Sales facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Rental facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Repair facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Body shop |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor storage |
N |
N |
N |
N |
N |
N |
N |
N |
|
General Motor Vehicle |
|
|
|
|
|
|
|
|
|
Filling station |
N |
N |
N |
N |
N |
N |
N |
N |
|
Car wash |
N |
N |
N |
N |
N |
N |
N |
N |
|
Drive-through facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Parking |
|
|
|
|
|
|
|
|
|
Parking lot, principal use |
N |
S |
N |
S |
S |
S |
S |
S |
|
Parking lot, accessory use |
Y |
L |
Y |
L |
Y |
L |
Y |
L |
|
Parking structure, principal use |
N |
N |
N |
N |
N |
S |
S |
S |
|
Parking structure, accessory use |
N |
N |
N |
N |
Y |
Y |
Y |
L |
|
Heavy motor vehicle parking lot, principal |
N |
N |
N |
N |
N |
N |
N |
N |
|
Heavy motor vehicle parking lot, accessory |
N |
N |
N |
N |
N |
N |
N |
N |
|
ACCOMMODATION AND FOOD SERVICE USES |
|
Bed and breakfast |
S |
L |
L |
L |
L |
L |
Y |
Y |
|
Hotel, commercial |
N |
N |
N |
N |
N |
N |
N |
S |
|
Hotel, residential |
N |
N |
N |
N |
N |
N |
N |
Y |
|
Tavern |
N |
L |
N |
L |
N |
L |
N |
S |
|
Assembly hall |
N |
N |
N |
N |
N |
N |
N |
S |
|
Restaurant, sit-down |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Restaurant, fast-food/carry-out |
N |
L |
N |
L |
N |
L |
L |
L |
|
ENTERTAINMENT AND RECREATION USES |
|
Park or playground |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Festival grounds |
N |
N |
N |
N |
N |
N |
N |
N |
|
Recreation facility, indoor |
N |
N |
N |
N |
N |
N |
S |
S |
|
Recreation facility, outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Health club |
N |
N |
N |
N |
N |
N |
Y |
Y |
|
Sports facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Gaming facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Theater |
N |
N |
N |
N |
N |
N |
L |
L |
|
Convention and exposition center |
N |
N |
N |
N |
N |
N |
N |
N |
|
Marina |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor racing facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Adult entertainment establishment |
N |
N |
N |
N |
N |
N |
N |
N |
|
STORAGE, RECYCLING AND WHOLESALE TRADE USES |
|
Recycling collection facility |
N |
N |
N |
N |
N |
N |
S |
S |
|
Mixed-waste processing facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Material reclamation facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Salvage operation, indoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Salvage operation, outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Wholesale and distribution facility, indoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Wholesale and distribution facility, outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Storage Facilities |
|
|
|
|
|
|
|
|
|
Indoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Hazardous materials |
N |
N |
N |
N |
N |
N |
N |
N |
|
TRANSPORTATION USES |
|
Ambulance service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Ground transportation service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Passenger terminal |
N |
N |
N |
N |
N |
N |
N |
N |
|
Helicopter landing facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Airport |
N |
N |
N |
N |
N |
N |
N |
N |
|
Ship terminal or docking facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Truck freight terminal |
N |
N |
N |
N |
N |
N |
N |
N |
|
Railroad switching, classification yard or freight terminal |
N |
N |
N |
N |
N |
N |
N |
N |
|
INDUSTRIAL USES |
|
Manufacturing, light |
N |
N |
N |
N |
N |
N |
N |
N |
|
Manufacturing, heavy |
N |
N |
N |
N |
N |
N |
N |
N |
|
Manufacturing, intense |
N |
N |
N |
N |
N |
N |
N |
N |
|
Research and development |
N |
N |
N |
N |
N |
N |
N |
N |
|
Processing or recycling of mined materials |
N |
N |
N |
N |
N |
N |
N |
N |
|
Contractor's shop |
N |
N |
N |
N |
N |
N |
N |
N |
|
Contractor's yard |
N |
N |
N |
N |
N |
N |
N |
N |
|
AGRICULTURAL USES |
Plant nursery or greenhouse |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Raising of crops or livestock |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
UTILITY AND PUBLIC SERVICE USES |
|
Broadcasting or recording studio |
N |
N |
N |
N |
N |
N |
N |
N |
|
Transmission tower |
L |
L |
L |
L |
L |
L |
L |
L |
|
Water treatment plant |
S |
S |
S |
S |
S |
S |
S |
S |
|
Sewage treatment plant |
N |
N |
N |
N |
N |
N |
N |
N |
|
Power generation plant |
N |
N |
N |
N |
N |
N |
N |
N |
|
Substation/distribution equipment, indoor |
S |
S |
S |
S |
S |
S |
S |
S |
|
Substation/distribution equipment, outdoor |
L |
L |
L |
L |
L |
L |
L |
L |
|
TEMPORARY USES |
|
Seasonal market |
L |
L |
L |
L |
L |
L |
L |
L |
|
Temporary real estate sales office |
L |
L |
L |
L |
L |
L |
L |
L |
|
Concrete/batch plant, temporary |
L |
L |
L |
L |
L |
L |
L |
L |
|
Live entertainment special event |
L |
L |
L |
L |
L |
L |
L |
L |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Part 6. Section 295-503-2-e-1 of the code is amended to read:
295-503. Uses.
2. LIMITED USE STANDARDS.
e. Family Day Care Home.
e-1. The operator of the family day care home shall reside in the dwelling unit in which the day care home is located [[, except in a 2-family dwelling, in which case the operator may reside in one dwelling unit and operate the family day care home in the other unit]] . >>If this standard is not met, the facility is classified as a day care center and subject to the limited use standards for day care centers.<<
Part 7. Section 295-503-2-i of the code is created to read:
i. Day Care Center. i-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. If any of these standards are not met, a day care center is a special use.
i-2. Day care centers, including family day care homes classified as day care centers because they do not meet the standard of par. e-1, shall not be permitted in residential structures in the RS1 to RS6, RT1 to RT3 and RM1 and RM2 districts. In all other residential zoning districts, a day care center in a residential structure shall be classified as a special use.
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
LRB03565-2
JDO
2/12/04