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File #: 230101    Version:
Type: Ordinance Status: Passed
File created: 5/9/2023 In control: COMMON COUNCIL
On agenda: Final action: 6/20/2023
Effective date: 7/8/2023    
Title: A substitute ordinance relating to regulations for restaurants with drive-through facility, restaurants without drive-through facility, and accommodation and food service uses.
Sponsors: ALD. BROSTOFF, ALD. ZAMARRIPA
Indexes: FOOD DEALERS, RESTAURANTS
Attachments: 1. Zoning Code Technical Committee Letter, 2. CPC Staff Report, 3. City Plan Commission Letter, 4. DCD PowerPoint, 5. Hearing Notice List, 6. Notice published 5-19 and 5-26-23, 7. Legal and Enforceable, 8. Notice published 7/7/2023
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
7/7/20231 CITY CLERK PUBLISHED   Action details Meeting details Not available
6/28/20231 MAYOR SIGNED   Action details Meeting details Not available
6/20/20231 COMMON COUNCIL PASSEDPass14:0 Action details Meeting details Video Video
6/13/20230 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Appearing: Sam Leichtling, Dept. of City Development Tea Norfolk, Legislative Reference Bureau A presentation was made. Ald. Brostoff moved substitution of the file with Proposed Substitute A. (Prevailed 5-0)
Pass5:0 Action details Meeting details Video Video
6/13/20231 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGEPass5:0 Action details Meeting details Not available
6/5/20230 CITY PLAN COMMISSION RECOMMENDED FOR PASSAGE AND ASSIGNED

Minutes note: Appearing: Ald. JoCasta Zamarripa, 8th Ald. Dist. Ald. Jonathan Brostoff, 3rd Ald. Dist. Tea Norfolk, LRB A presentation was made by Mr. Leichtling, Ald. Zamarripa, and Ald. Brostoff. Under consideration was the Proposed Substitute A version for the file. Vice-chair Nemec moved approval, seconded by member Smith. (Prevailed 6-0)
Pass6:0 Action details Meeting details Video Video
5/19/20230 CITY CLERK PUBLISHED   Action details Meeting details Not available
5/12/20230 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
5/10/20230 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
5/9/20230 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

230101

Version

SUBSTITUTE 1

...Reference

 

Sponsor

ALD. BROSTOFF AND ZAMARRIPA

 

Title

A substitute ordinance relating to regulations for restaurants with drive-through facility, restaurants without drive-through facility, and accommodation and food service uses.

Sections

200-42-3-a-0                     am

200-42-3-b-0                     am

295-201-501                     am

295-201-502                     cr

295-203-9-g                     am

Analysis

This ordinance adds food truck parks and restaurant collectives to the zoning code definition of “restaurant without drive-through facility” to clarify occupancy permit requirements for these types of businesses. This ordinance also defines a “restaurant food truck park.”

Body

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

 

Part 1. Section 200-42-3-a-0 and b-0 of the code is amended to read:

 

200-42. Certificate of Occupancy.

3. WHEN ISSUED. a. In the case of a proposed use, as described in ch. SPS 362, Wis. Adm. Code, as amended, that is not within the same group of uses as the prior use, and where the proposed use is as hazardous or more hazardous, based on life and fire risk, than the prior use, or whenever the proposed use is an elementary or secondary school, or a daycare or a rooming house, or a tavern, [[fast food/carryout restaurant]] >>or a restaurant with drive-through facility,<< as defined under [[s. s. 295-201-499]]>>s. 295-201-499,<< or a [[sit-down restaurant]] >>restaurant without drive-through facility<<, as defined under s. 295-201-501, or where otherwise requested, the commissioner shall issue a certificate of occupancy:

 

b. Unless otherwise required by law, in the case of a proposed use, as described in ch. SPS 362, Wis. Adm. Code, as amended, that is within the same group of uses as the prior use, or in the case of a proposed use that is not within the same group of uses as the prior use and that is less hazardous, based on life and fire risk, than the prior use, except whenever the proposed use is an elementary or secondary school, a daycare, a rooming house, a tavern, [[fast food/carryout restaurant as defined under s. 295-20-449]] >>a restaurant with drive-through facility, as defined under s. 295-201-499,<< or a [[sit-down restaurant]] >>restaurant without drive-through facility<<, as defined under s. 295-201-501, or if otherwise requested, the commissioner of city development shall issue a certificate of occupancy indicating conformance with the use requirements set forth in ch. 295 and:

 

Part 2. Section 295-201-501 of the code is amended to read:

 

295-201. Definitions.

501. RESTAURANT WITHOUT DRIVE-THROUGH FACILITY means a restaurant where food is prepared and sold for on-site or off-site consumption, or both, but where no food is dispensed to customers in motor vehicles. >>This definition shall include a restaurant food truck park as defined in 295-201-502, or a building that hosts two or more licensed food dealers offering meals for on-site pick-up or consumption that share common kitchen facilities.<<

 

Part 3. Section 295-201-502 of the code is created to read:

 

502. RESTAURANT FOOD TRUCK PARK means a permanent, principal use of a parcel where one or more food peddler vehicles, as defined in s. 68-1-24, also known as food trucks, vendor carts, or other similar mobile operations, serve food to the general public on a continuous or seasonal basis. The facility includes paving at truck operational and customer access areas, permanent electrical facilities, and restroom facilities. This definition does not include occasional or temporary parking and serving from mobile food peddler vehicles on parcels with established principal uses, including, but not limited to uses such as office or manufacturing premises, community serving uses, educational uses, or at live entertainment special events, where food peddler vehicles would be considered accessory uses to the principal use.

 

Part 4. Section 295-203-9-g of the code is amended to read:

 

295-203. Use Definitions.

9. ACCOMMODATION AND FOOD SERVICE USES.

g. “Restaurant without drive-through facility” means a restaurant where food is prepared and sold for on-site or off-site consumption, or both, but where no food is dispensed to customers in motor vehicles. >>This definition shall include a restaurant food truck park as defined in 295-201-502, or a building that hosts two or more licensed food dealers offering meals for on-site pick-up or consumption that share common kitchen facilities.<<

 

 

 

 

 

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

LRB 178136-2

Tea B. Norfolk

5/30/2023