Number
140682
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. PEREZ
Title
A substitute ordinance relating to regulations for the industrial-mixed (IM) zoning district.
Sections
295-803-1 (table) am
295-803-2-a rn
295-803-2-a cr
295-803-2-b rn
295-803-2-b-1 rc
295-803-2-b-2-c cr
295-803-2-c rn
295-803-2-c rc
295-803-2-d rn
295-803-2-d-6 cr
295-803-2-e rn
295-803-2-f rn
295-803-2-g rn
295-803-2-h rn
295-803-2-i rn
295-803-2-j rn
295-803-2-k rn
295-803-2-L rn
295-803-2-m rn
295-803-2-n rn
295-803-2-o rn
295-803-2-p rn
295-803-2-q rn
295-803-2-r rn
295-803-2-s rn
295-803-2-t rn
295-803-2-u rn
295-803-2-v rn
295-803-2-w rn
295-803-2-x rn
295-803-2-y rn
295-803-2-z rn
295-803-2-aa rn
295-803-2-bb rn
295-803-2-cc rn
295-803-2-dd rn
295-803-2-ee rn
295-803-2-ff rn
295-803-2-gg rn
295-803-2-hh rn
295-803-2-ii rn
295-803-3 rc
Analysis
This ordinance provides that:
1. The use classification of the following uses in the industrial-mixed (IM) zoning district is changed from permitted use to limited use: single-family dwelling, two-family dwelling, multi-family dwelling, permanent supportive housing, attached single-family dwelling, family day care home, convent, rectory or monastery, foster family home and family shelter care facility.
2. The limited use standard for these uses shall be: The use shall not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance, as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months. If this standard is not met, the use shall be a prohibited use.
3. The same limited use standard shall also be added for certain uses that are already classified as limited uses in the IM district, namely adult family homes, small group shelter care facilities, small foster homes, group homes, group foster homes and community living arrangements.
4. No special use permit for transitional housing or a rooming house, dormitory, fraternity or sorority, or large group shelter care facility shall be granted by the board of zoning appeals unless the board finds, in addition to its standard required findings, that the proposed use will not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance, as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months.
Body
Whereas, When the City adopted a new Zoning Code in 2002, a new Industrial-Mixed (IM) zoning district was created and applied to traditionally industrial areas that were transitioning to more of a mixture of industrial and non-industrial uses; and
Whereas, The Common Council finds that while the flexibility provided by the Industrial-Mixed classification and the associated land use regulations is appropriate and has been successful overall, there are a small number of situations where existing heavy and intense land uses may be negatively affected by allowing new residential uses in close proximity to these existing uses; and
Whereas, The Common Council further finds that the adjustments to limited use standards for residential uses in the Industrial-Mixed district set forth in this ordinance would help to ensure that future land-use conflicts are prevented; now, therefore
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]] >>L<< |
N |
Two-family dwelling |
N |
N |
[[Y]] >>L<< |
N |
Multi-family dwelling |
N |
N |
[[Y]] >>L<< |
N |
Permanent supportive housing |
N |
N |
[[Y]] >>L<< |
N |
Transitional housing |
N |
N |
S |
N |
Attached single-family dwelling |
N |
N |
[[Y]] >>L<< |
N |
Live-work unit |
N |
N |
Y |
N |
Mobile home |
N |
N |
N |
N |
Watchman/service quarters |
Y |
Y |
Y |
Y |
Family day care home |
N |
N |
[[Y]] >>L<< |
N |
GROUP RESIDENTIAL USES |
Rooming house |
N |
N |
S |
N |
Convent, rectory or monastery |
N |
N |
[[Y]] >>L<< |
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]] >>L<< |
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]] >>L<< |
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 |
EDUCATIONAL USES |
Day care center |
S |
S |
S |
S |
School, elementary or secondary |
N |
N |
S |
N |
College |
S |
S |
S |
N |
School, 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 |
Installment loan agency |
N |
N |
S |
N |
Cash-for-gold business |
N |
N |
S |
N |
Pawn shop |
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 |
Y |
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 |
Y |
Y |
Y |
Y |
Funeral home |
N |
N |
Y |
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 |
L |
S |
S |
S |
Rental facility |
L |
S |
S |
S |
Repair facility |
L |
S |
S |
L |
Body shop |
L |
S |
S |
L |
Outdoor storage |
L |
Y |
S |
Y |
Wholesale facility |
Y |
Y |
Y |
Y |
Heavy Motor Vehicle |
|
|
|
|
Sales facility |
L |
Y |
S |
Y |
Rental facility |
L |
Y |
S |
Y |
Repair facility |
L |
L |
S |
L |
Body shop |
L |
L |
S |
L |
Outdoor storage |
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 |
Y |
Y |
L |
Y |
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 |
S |
S |
S |
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 |
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 |
Y |
Y |
Y |
Y |
Contractor's yard |
S |
Y |
Y |
Y |
AGRICULTURAL USES |
Plant nursery or greenhouse |
Y |
Y |
Y |
Y |
Raising of livestock |
L |
L |
L |
L |
Community garden |
Y |
Y |
Y |
Y |
Commercial farming enterprise |
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 |
Small wind energy system |
Y |
Y |
Y |
Y |
Solar farm |
Y |
Y |
Y |
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-a to ii of the code is renumbered 295-803-2-b to jj.
Part 3. Section 295-803-2-a of the code is created to read:
295-803. Uses.
2. LIMITED USE STANDARDS.
a. Single-Family Dwelling, Two-Family Dwelling, Multi-Family Dwelling, Permanent Supportive Housing, Attached Single-Family Dwelling, Family Day Care Home, Convent, Rectory or Monastery, Foster Family Home or Family Shelter Care Facility. The use shall not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance [city clerk to insert date], as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months. If this standard is not met, the use shall be a prohibited use.
Part 4. Section 295-803-2-b-1 of the code is repealed and recreated to read:
b. Adult Family Home or Small Group Shelter Care Facility.
b-1. Adult Family Home. b-1-a. All residents of the adult family home, other than the operator or care provider and the operator or care provider's immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within 2,500 feet of a community living arrangement, small foster home, group home or group foster home, or another adult family home.
b-1-b. The use shall not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance [city clerk to insert date], as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months. If this standard is not met, the use shall be a prohibited use.
Part 5. Section 295-803-2-b-2-c of the code is created to read:
b-2. Small Group Shelter Care Facility.
b-2-c. The use shall not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance [city clerk to insert date], as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months. If this standard is not met, the use shall be a prohibited use.
Part 6. Section 295-803-2-c of the code is repealed and recreated to read:
c. Small Foster Home. c-1. All residents of the small foster home, other than the operator or care provider and the operator or care provider's immediate family, shall be disabled persons, as indicated by the required state license application. If this standard is not met, the use shall not be located within 2,500 feet of a community living arrangement, group home or group foster home, or another small foster home.
c-2. The use shall not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance [city clerk to insert date], as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months. If this standard is not met, the use shall be a prohibited use.
Part 7. Section 295-803-2-d-6 of the code is created to read:
d. Group Home, Group Foster Home or Community Living Arrangement.
d-6. The use shall not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance [city clerk to insert date], as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months. If this standard is not met, the use shall be a prohibited use.
Part 8. Section 295-803-3 of the code is repealed and recreated to read:
3. ADDITIONAL SPECIAL USE STANDARDS. a. Currency Exchange, Payday Loan Agency, Title Loan Agency, Cash-for-Gold Business or Pawn Shop. No special use permit for a currency exchange, payday loan agency, title loan agency, cash-for-gold business or pawn shop shall be granted by the board unless the board finds, in addition to the findings required by s. 295-311-2-d, that:
a-1. No other currency exchange, payday loan agency, title loan agency, cash-for-gold business or pawn shop is located within 1,500 feet of the proposed use.
a-2. The proposed use will not be located within 150 feet of a single-family or 2-family residential zoning district.
b. Transitional Housing, Rooming House, Dormitory, Fraternity or Sorority or Large Group Shelter Care Facility. No special use permit for transitional housing or a rooming house, dormitory, fraternity or sorority, or large group shelter care facility shall be granted by the board unless the board finds, in addition to the findings required by s. 295-311-2-d, that the proposed use will not be located within 150 feet of a parcel located in an IH district that contains an intense manufacturing or heavy manufacturing land use that was in operation on the effective date of this ordinance [city clerk to insert date], as indicated by a valid certificate of occupancy for that use, and has been in operation within the last 12 months.
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
LRB154859-3
Jeff Osterman
10/10/2014