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File #: 081661    Version:
Type: Ordinance Status: Placed On File
File created: 3/25/2009 In control: COMMON COUNCIL
On agenda: Final action: 4/2/2014
Effective date:    
Title: A substitute ordinance relating to off-street parking requirements for day care centers.
Sponsors: ALD. BOHL
Indexes: DAY CARE CENTERS, PARKING, PARKING REGULATIONS
Attachments: 1. Zoning Code Technical Committee Letter, 2. Recording of the Zoning Code Technical Committee Meeting, 3. Minutes from the Zoning Code Technical Committee Meeting, 4. Proposed Substitute A, 5. City Plan Commission Letter.pdf, 6. Hearing Notice List
Number
081661
Version
SUBSTITUTE 1
Reference
 
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to off-street parking requirements for day care centers.
Sections
295-311-2-h-3 cr
295-403-2-a (table) am
Analysis
This ordinance establishes the following off-street parking requirements for day care centers:
 
One space per peak-shift employee plus:
 
1) when enrollment is known:
 
a) 45 or fewer students: one space per 5 students
 
b) more than 45 students: 8 spaces plus one space per 40 students  
 
; or
 
2) when enrollment is not known:
 
a) for 2,500 sq. ft. or less of gross floor area: one space per 300 sq. ft. of gross floor area
 
b) for more than 2,500 sq. ft. of gross floor area: 8 spaces plus one space per 5,000 sq. ft. of gross floor area
 
This ordinance also provides that no special use permit for a day care center shall be granted by the board of zoning appeals unless the board finds that the facility will meet these off-street parking requirements.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 295-311-2-h-3 of the code is created to read:
 
295-311.  Appeals.
 
2.  SPECIAL USE PERMITS.
 
h.  Additional Findings for Day Care Centers.
 
h-3.  The day care center will meet the off-street parking requirements of table 295-403-2-a.
 
Part 2.  Table 295-403-2-a of the code is amended to read:
 
Table 295-403-2-a NUMBER OF PARKING SPACES REQUIRED, BY USE
 Uses
 No. of Parking Spaces Required
RESIDENTIAL USES
Single-family dwelling
no min.; max. of 4 spaces
Two-family dwelling
no min.; max. of 4 spaces on the premises
Multi-family dwelling:                                                                                                           Zoning Districts                                                                               Min. ratio of parking spaces to dwelling units*  RM1, RM2, RM3, RM4, RO1, NS1, LB1, RB1                                                                 1:1                                                  RT4, RM5, RM6, RM7, RO2, NS2, LB2, RB2, CS, C9A, IM                                            2:3                                              * Note:  In RM6, RM7, C9A and IM districts, a private elderly housing project shall have one parking space for every 2 dwelling units; in other zoning districts, a private elderly housing project shall have 2 parking spaces for every 3 dwelling units.  Public housing for low-income families and public or federally-assisted low-income elderly housing projects shall provide one parking space for every 2 dwelling units.  
Attached single-family dwelling
min. of one space; max. of 4 spaces
Live-work unit
one for each live/work unit in the building
Mobile home
N.A.
Watchman/service quarters
None
Family day care home
see requirement for dwelling unit type
GROUP RESIDENTIAL USES
Rooming house
one for every 2 rooms
Convent, rectory or monastery
one per facility
Dormitory
one for every 15 beds or fraction thereof
Fraternity or sorority
one for every 2 rooms
Adult family home
One
Foster Homes
 
   Foster family home
One
   Small foster home
One
   Group home or group foster home
One
Shelter Care Facilities
 
   Family shelter care facility
One
   Small group shelter care facility
One
   Large group shelter care facility
One
Community living arrangement
One
Transitional living facility
one per dwelling unit
EDUCATIONAL USES
Day care center
[[None (limited use) or as required by the board (special use)]] >>one per peak-shift employee plus: 1) when enrollment is known: a) 45 or fewer students: one per 5 students; b) more than 45 students: 8 plus one per 40 students;  or 2) when enrollment is not known: a) for 2,500 sq. ft. or less of gross floor area: one per 300 sq. ft. of gross floor area; b) for more than 2,500 sq. ft. of gross floor area: 8 plus one per 5,000 sq. ft. of gross floor area<<
School, elementary or secondary
None
College
None
School, specialty or personal instruction
None
COMMUNITY-SERVING USES
Library
None
Cultural institution
None
Community center
as required by the board for special use approval
Religious assembly
one for every 6 seats in the assembly hall
Cemetery or other place of interment
None
Public safety facility
None
Correctional facility
None
COMMERCIAL AND OFFICE USES
General office
one for each 500 sq. ft. of the first 2,000 sq. ft. of gross floor area; one for each 1,000 sq. ft. of gross floor area in excess of 2,000 sq. ft. ; storage or utility spaces shall not be included when calculating gross floor area
Government office
see general office
Bank or other financial institution
see general office
Currency exchange, payday loan or title loan agency
see general retail establishment
Installment loan agency
see general retail establishment
Retail establishment, general
min. of one for each 1,000 sq. ft. of gross floor area; max. of 3.5 for each 1,000 sq. ft. of gross floor area unless otherwise permitted pursuant to s. 295-403-2-e; storage or utility spaces shall not be included when calculating gross floor area
Garden supply or landscaping center
see general retail establishment
Home improvement center
see general retail establishment
Secondhand store
see general retail establishment
Outdoor merchandise sales
one for each 500 sq. ft. of outdoor or indoor space devoted to the display of goods for sale
Artist studio
None
Adult retail establishment
see general retail establishment
HEALTH CARE AND SOCIAL ASSISTANCE USES
Medical office
see general office
Health clinic
see general office
Hospital
one for every 4 beds
Medical research laboratory
see general office
Medical service facility
see general office
Social service facility
see general office
Emergency residential shelter
as required by the board for special use approval
Nursing home
one for every 4 beds
GENERAL SERVICE USES
Personal service establishment
see general office
Business service
see general office
Building maintenance service
see general office
Catering service
see general office
Funeral home
one for each 100 square feet of floor area of a chapel, parlor or other room used for funeral services, but not less than 4 spaces
Laundromat
see general retail establishment
Dry cleaning establishment
see general retail establishment
Furniture and appliance rental and leasing
see general retail establishment
Household maintenance and repair service
see general retail establishment
Tool/equipment rental facility
see general retail establishment
Animal Services
 
   Animal hospital/clinic
see general retail establishment
   Animal boarding facility
see general retail establishment
   Animal grooming or training facility
see general retail establishment
MOTOR VEHICLE USES
Light Motor Vehicle
 
   Sales facility
none (permitted use) or as required by the board (special use)
   Rental facility
none (permitted or limited use) or as required by the board (special use)
   Repair facility
as required by the board for special use approval
   Body shop
none (permitted use) or as required by the board (special use)
   Outdoor storage
none (permitted use) or as required by the board (special use)
   Wholesale facility
None
Heavy Motor Vehicle
 
   Sales facility
none (permitted use) or as required by the board (special use)
   Rental facility
none (permitted use) or as required by the board (special use)
   Repair facility
none (permitted use) or as required by the board (special use)
   Body shop
none (permitted use) or as required by the board (special use)
   Outdoor storage
none (permitted use) or as required by the board (special use)
General Motor Vehicle
 
   Filling station
as required by the board for special use approval
   Car wash
none
   Drive-through facility
none
Parking
 
   Parking lot, principal use
N.A.
   Parking lot, accessory use
N.A.
   Parking structure, principal use
N.A.
   Parking structure, accessory use
N.A.
   Heavy motor vehicle parking lot, principal
N.A.
   Heavy motor vehicle parking lot, accessory
N.A.
ACCOMODATION AND FOOD SERVICE USES
Bed and breakfast
one for each sleeping room, plus one additional space
Hotel, commercial
one for every 1,000 square feet, or fraction thereof, of gross floor area on the ground floor or above
Hotel, residential
one for every 2 sleeping rooms
Tavern
see general retail establishment
Assembly hall
one for every 1,000 square feet of gross floor area or fraction thereof
Restaurant, sit-down
see general retail establishment
Restaurant, fast-food/carry-out
see general retail establishment
ENTERTAINMENT AND RECREATION USES
Park or playground
none
Festival grounds
none
Recreation facility, indoor
see general retail establishment
Recreation facility, outdoor
as required by the board for special use approval
Health club
see general retail establishment
Sports facility
as required by the board for special use approval
Gaming facility
N.A.
Theater
one for every 100 square feet of floor area in the theater auditorium
Convention and exposition center
as required by the board for special use approval
Marina
none
Outdoor racing facility
as required by the board for special use approval
Adult entertainment establishment
see general retail establishment
STORAGE, RECYCLING AND WHOLESALE TRADE USES
Recycling collection facility
none
Mixed-waste processing facility
none
Material reclamation facility
none
Salvage operation, indoor
none
Salvage operation, outdoor
none
Wholesale and distribution facility, indoor
none
Wholesale and distribution facility, outdoor
none
Storage Facilities
 
   Indoor
none
   Outdoor
none
   Hazardous materials
none
TRANSPORTATION USES
Ambulance service
see general office
Ground transportation service
see general office
Passenger terminal
none
Helicopter landing facility
none
Airport
none
Ship terminal or docking facility
none
Truck freight terminal
none
Railroad switching, classification yard or freight terminal
none
INDUSTRIAL USES
Manufacturing, light
none
Manufacturing, heavy
none
Manufacturing, intense
none
Research and development
none
Processing or recycling of mined materials
none
Contractor's shop
see general office
Contractor's yard
none
AGRICULTURAL USES
Plant nursery or greenhouse
none
Raising of crops or livestock
none
UTILITY AND PUBLIC SERVICE USES
Broadcasting or recording studio
see general office
Transmission tower
see general office
Water treatment plant
see general office
Sewerage treatment plant
see general office
Power generation plant
see general office
Substation/distribution equipment, indoor
see general office
Substation/distribution equipment, outdoor
see general office
TEMPORARY USES
Seasonal market
none
Temporary real estate sales office
none
Temporary concrete/batch plant
none
Live entertainment special event
none
 
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
LRB09138-2
JDO
04/07/2009