City of Milwaukee - File #: 051041

• File #: 051041
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 11/15/2005
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 5/9/2006
• Effective date: 5/26/2006
• Title: A substitute ordinance relating to zoning regulations for day care centers located near adult businesses.
• Sponsors: ALD. ZIELINSKI
• Indexes: DAY CARE CENTERS, ZONING

Date	Ver.	Action By	Action	Result	Tally
5/25/2006	2	CITY CLERK	PUBLISHED
5/15/2006	2	MAYOR	SIGNED
5/9/2006	2	COMMON COUNCIL	PASSED	Pass	15:0
5/3/2006	2	CITY CLERK	DRAFT SUBMITTED
5/2/2006	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED	Pass	4:0
5/2/2006	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
4/24/2006	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
4/24/2006	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
4/24/2006	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
4/24/2006	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
4/24/2006	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
3/31/2006	1	CITY CLERK	PUBLISHED; Minutes note: This file is being published 4/6/06 and 4/13/06 for a CPC Mtg. on 4/24/06 at 2:00 p.m.
11/29/2005	1	CITY CLERK	DRAFT SUBMITTED
11/17/2005	0	CITY CLERK	REFERRED TO
11/17/2005	0	CITY CLERK	REFERRED TO
11/15/2005	0	COMMON COUNCIL	ASSIGNED TO

Number
051041
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. ZIELINSKI
Title
A substitute ordinance relating to zoning regulations for day care centers located near adult businesses.
Sections
295-311-2-h cr
295-503-2-i-3 cr
295-803-2-d-3 cr
295-903-2-b-1-c cr
295-905-2-b-4-c cr
295-1015-3-b-1-c cr
Analysis
This ordinance requires that a day care center be located more than 500 feet from any adult retail establishment or adult entertainment establishment. This requirement shall not apply to adult day care centers.
Body
Whereas, Adult retail establishments are businesses in which 10 percent or more of the floor area or stock-in-trade consists of books, magazines, videos, CDs, DVDs and similar materials which are characterized by an emphasis on matters depicting, describing or relating to sexual activities; and

Whereas, Adult entertainment establishments are businesses that offer nude dancing or other live or recorded performances that depict, describe or relate to sexual activities; and

Whereas, The Common Council finds that it is inappropriate and potentially harmful to children for adult retail establishments and adult entertainment establishment to be located in the vicinity of day care centers; and

Whereas, The Common Council finds that the health, safety and welfare of Milwaukee citizens, and particularly the city’s children, can be protected and promoted by prohibiting day care centers within 500 feet of adult businesses; now, therefore

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 295-311-2-h of the code is created to read:

295-311. Appeals.

2. SPECIAL USE PERMITS.

h. Additional Finding for Day Care Centers. No special use permit for a day care center, other than an adult day care center, shall be granted by the board unless the board finds, in addition to the findings required by par. d, that the proposed day care center will not be located within 500 feet of an adult retail establishm...