Number
090705
Version
ORIGINAL
Reference
Sponsor
ALD. WADE
Title
An ordinance relating to the location of the outdoor play space of a family day care home or day care center.
Sections
295-503-2-e-6 cr
295-503-2-i-5 cr
295-603-2-a-6 cr
295-603-3 rc
295-703-2-b-5 cr
295-703-3 rc
295-803-1 (table) am
295-803-2-a rn
295-803-2-a cr
295-803-2-b rn
295-803-2-c rn
295-803-2-d rn
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
295-803-3 rc
295-903-2-b-1-e cr
295-905-2-b-4-e cr
295-1015-3-b-1-e cr
Analysis
This ordinance prohibits the outdoor play space for any family day care home or day care center from being located in a front yard, side street yard or rear street yard.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-503-2-e-6 of the code is created to read:
295-503. Uses.
2. LIMITED USE STANDARDS.
e. Family Day Care Home.
e-6. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 2. Section 295-503-2-i-5 of the code is created to read:
i. Day Care.
i-5. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 3. Section 295-603-2-a-6 of the code is created to read:
295-603. Uses.
2. LIMITED USE STANDARDS.
a. Family Day Care Home.
a-6. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 4. Section 295-603-3 of the code is repealed and recreated to read:
3. ADDITIONAL SPECIAL USE STANDARDS. a. Currency Exchange, Payday Loan Agency or Title Loan Agency. No special use permit for a currency exchange, payday loan agency or title loan agency 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 or title loan agency 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. Family Day Care Home or Day Care Center. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 5. Section 295-703-2-b-5 of the code is created to read:
295-703. Uses.
2. LIMITED USE STANDARDS.
b. Family Day Care Home.
b-5. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 6. Section 295-703-3 of the code is repealed and recreated to read:
3. ADDITIONAL SPECIAL USE STANDARDS. a. Currency Exchange, Payday Loan Agency or Title Loan Agency. No special use permit for a currency exchange, payday loan agency or title loan agency 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 or title loan agency 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. Family Day Care Home or Day Care Center. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 7. 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]] >>L<< |
N |
GROUP RESIDENTIAL USES |
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 |
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 |
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 |
Y |
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 8. Section 295-803-2-a to hh is renumbered 295-803-2-b to ii.
Part 9. Section 295-803-2-a of the code is created to read:
295-803. Uses.
2. LIMITED USES STANDARDS.
a. Family Day Care Home. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 10. Section 295-803-3 of the code is repealed and recreated to read:
3. ADDITIONAL SPECIAL USE STANDARDS. a. Currency Exchange, Payday Loan Agency or Title Loan Agency. No special use permit for a currency exchange, payday loan agency or title loan agency 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 or title loan agency 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. Family Day Care Home or Day Care Center. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 11. Section 295-903-2-b-1-e of the code is created to read:
295-903. Parks District (PK).
2. USES.
b. Limited Use Standards.
b-1. Day Care Center.
b-1-e. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 12. Section 295-905-2-b-4-e of the code is created to read:
295-905. Institutional District (TL).
2. USES.
b. Limited Use Standards.
b-4. Day Care Center.
b-4-e. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
Part 13. Section 295-1015-3-b-1-e of the code is created to read:
295-1015. Lakefront Overlay Zone (LF).
3. STANDARDS.
b. Limited Use Standards.
b-1. Day Care Center.
b-1-e. The facility's outdoor play space shall not be located in the front yard, side street yard or rear street yard.
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
LRB09396-1
JDO
09/22/2009