Uses.

Milwaukee Code of Ordinances § 295-603

in effect

295-603. Uses. 1. USE TABLE. Table 295-603-1 indicates the use classifications for various land uses in the commercial districts. The uses in this table are defined in s. 295-201. The following are the use classifications indicated in Table 295-603-1: a. “Y" indicates a permitted use. This use is permitted as a matter of right subject to all performance standards. b. "L" indicates a limited use. This use is permitted only when the use meets the standards of sub. 2. If the use cannot meet these standards, it shall be permitted only upon board approval of a special use permit pursuant to s. 295-311-2, unless otherwise prohibited by sub. 2. c. "S" indicates a special use. This use is permitted only if the board approves a special use permit pursuant to s. 295-311-2. d. "N" indicates a prohibited use. Table 295-603-1 COMMERCIAL DISTRICTS USE TABLE Y=Permitted Use L=Limited Use S=Special Use N=Prohibited Use | Zoning Districts Uses | NS1 | NS2 | LB1 | LB2 | LB3 | RB1 | RB2 | CS RESIDENTIAL USES Single-family dwelling | Y | Y | Y | Y | L | Y | Y | Y Two-family dwelling | Y | Y | Y | Y | L | Y | Y | Y Multi-family dwelling | Y | Y | Y | Y | L | Y | Y | Y Permanent supportive housing | Y | Y | Y | Y | Y | Y | Y | Y Transitional housing | S | S | S | S | S | S | S | S Attached single-family dwelling | Y | Y | Y | Y | L | Y | Y | Y Live-work unit | Y | Y | Y | Y | L | Y | Y | Y Mobile home | N | N | N | N | N | N | N | N Watchman/service quarters | N | N | N | N | N | N | N | N Family day care home | L | L | L | L | L | L | L | L Accessory dwelling unit | L | L | L | L | L | L | L | L GROUP RESIDENTIAL USES Rooming house | S | S | S | S | S | S | S | S Convent, rectory or monastery | Y | Y | Y | Y | Y | Y | Y | Y Dormitory | S | S | S | S | S | S | S | S Fraternity or sorority | S | S | S | S | S | S | S | S Adult family home | L | L | L | L | L | L | L | L Foster Homes Foster family home | Y | Y | Y | Y | Y | Y | Y | Y Small foster home | L | L | L | L | L | L | L | L Group home or group foster home | L | L | L | L | L | L | L | L Shelter Care Facilities Family shelter care facility | Y | Y | Y | Y | Y | Y | Y | Y Small group shelter care facility | L | L | L | L | L | L | L | L Large group shelter care facility | S | S | S | S | S | S | S | S Community Living Arrangement | L | L | L | L | L | L | L | L Table 295-603-1 COMMERCIAL DISTRICTS USE TABLE Y=Permitted Use L=Limited Use S=Special Use N=Prohibited Use | Zoning Districts USES | NS1 | NS2 | LB1 | LB2 | LB3 | RB1 | RB2 | CS EDUCATIONAL USES Day care center | L | L | L | L | L | L | L | L School, elementary or secondary | S | S | S | S | S | S | S | S College | Y | Y | Y | Y | Y | Y | Y | Y School, personal instruction | Y | Y | Y | Y | Y | Y | Y | Y COMMUNITY-SERVING USES Library | Y | Y | Y | Y | Y | Y | Y | Y Cultural institution | Y | Y | Y | Y | Y | Y | Y | Y Community center | S | S | S | S | S | S | S | S Religious assembly | S | S | S | S | S | Y | Y | Y Cemetery or other place of interment | N | N | N | N | N | N | N | N Public safety facility | Y | Y | Y | Y | Y | Y | Y | Y Correctional facility | N | N | N | N | N | N | N | N COMMERCIAL AND OFFICE USES General office | Y | Y | Y | Y | Y | Y | Y | Y Government office | Y | Y | Y | Y | Y | Y | Y | Y Bank or other financial institution | Y | Y | Y | Y | Y | Y | Y | Y Currency exchange, payday loan or title loan agency | S | S | S | S | S | S | S | S Installment loan agency | S | S | S | S | S | S | S | S Cash-for-gold business | S | S | S | S | S | S | S | S Pawn shop | S | S | S | S | S | S | S | S Retail establishment, general | L | L | L | L | L | L | L | L Garden supply or landscaping center | N | N | Y | Y | Y | Y | Y | Y Home improvement center | N | N | S | S | S | Y | Y | Y Secondhand store | L | L | L | L | L | L | L | L Outdoor merchandise sales | S | S | S | S | S | S | S | S Artist studio | Y | Y | Y | Y | Y | Y | Y | Y Adult retail establishment | N | N | N | N | N | S | S | N Tobacco or e-cigarette retailer | L | L | L | L | L | L | L | L HEALTH CARE AND SOCIAL ASSISTANCE USES Medical office | Y | Y | Y | Y | Y | Y | Y | Y Health clinic | S | S | S | S | S | S | S | S Hospital | N | N | S | S | S | S | S | S Medical service facility | N | N | S | S | S | S | S | S Social service facility | S | S | S | S | S | S | S | S Emergency residential shelter | S | S | S | S | S | S | S | S Nursing home | S | S | Y | Y | Y | Y | Y | Y Adult day care | L | L | L | L | L | L | L | L GENERAL SERVICE USES Personal service | Y | Y | Y | Y | Y | Y | Y | Y Business service | Y | Y | Y | Y | Y | Y | Y | Y Catering service | Y | Y | Y | Y | Y | Y | Y | Y Funeral home | Y | Y | Y | Y | Y | Y | Y | Y Laundromat | Y | Y | Y | Y | Y | Y | Y | Y Table 295-603-1 COMMERCIAL DISTRICTS USE TABLE Y=Permitted Use L=Limited Use S=Special Use N=Prohibited Use | Zoning Districts USES | NS1 | NS2 | LB1 | LB2 | LB3 | RB1 | RB2 | CS Dry cleaning establishment | Y | Y | Y | Y | Y | Y | Y | Y Furniture and appliance rental and leasing | S | S | Y | Y | Y | Y | Y | Y Household maintenance and repair service | Y | Y | Y | Y | Y | Y | Y | Y Tool/equipment rental facility | Y | Y | Y | Y | Y | Y | Y | Y Animal Services Animal hospital/clinic | L | L | L | L | L | L | L | L Animal boarding facility | L | L | L | L | L | L | L | L Animal grooming or training facility | L | L | L | L | L | L | L | L MOTOR VEHICLE USES Light Motor Vehicle Sales facility | N | N | S | S | S | Y | Y | S Rental facility | L | L | L | L | L | Y | Y | Y Repair facility | N | N | S | S | S | S | S | S Body shop | N | N | S | S | S | S | S | S Outdoor storage | N | N | S | S | S | S | S | S Wholesale facility | L | L | L | L | L | L | L | L Heavy Motor Vehicle Sales facility | N | N | S | S | S | S | S | S Rental facility | N | N | S | S | S | S | S | S Repair facility | N | N | N | N | N | S | S | N Body shop | N | N | N | N | N | S | S | N Outdoor storage | N | N | N | N | N | S | S | N General Motor Vehicle Filling station | N | N | S | S | S | S | S | S Car wash | N | N | L | L | L | L | L | L Non-restaurant drive-through facility | L | L | L | L | L | L | L | L Electric vehicle charging facility | L | L | S | L | L | Y | L | L Parking Parking lot, principal use | L | L | L | L | L | Y | L | L Parking lot, accessory use | Y | L | Y | L | L | Y | Y | Y Parking structure, principal use | S | S | L | L | L | L | L | L Parking structure, accessory use | Y | L | Y | L | L | Y | Y | Y Heavy motor vehicle parking lot, principal use | N | N | S | S | S | S | S | S Heavy motor vehicle parking lot, accessory use | S | S | S | S | S | S | S | S ACCOMMODATION AND FOOD SERVICE USES Bed and breakfast | Y | Y | Y | Y | Y | Y | Y | Y Hotel, commercial | Y | Y | Y | Y | Y | Y | Y | Y Hotel, residential | Y | Y | Y | Y | Y | Y | Y | Y Tavern | L | L | Y | Y | Y | Y | Y | Y Brewpub | S | S | Y | Y | Y | Y | Y | Y Assembly hall | L | L | L | L | L | L | L | L Restaurant without drive-through facility | Y | Y | Y | Y | Y | Y | Y | Y Restaurant with drive-through facility | S | S | S | S | S | S | S | S ENTERTAINMENT AND RECREATION USE Park or playground | Y | Y | Y | Y | Y | Y | Y | Y Table 295-603-1 COMMERCIAL DISTRICTS USE TABLE Y=Permitted Use L=Limited Use S=Special Use N=Prohibited Use | Zoning Districts USES | NS1 | NS2 | LB1 | LB2 | LB3 | RB1 | RB2 | CS Festival grounds | N | N | N | N | N | N | N | N Recreation facility, indoor | S | S | S | S | S | S | S | S Recreation facility, outdoor | S | S | S | S | S | S | S | S Health club | Y | Y | Y | Y | Y | Y | Y | Y Sports facility | N | N | S | S | S | S | S | S Gaming facility | N | N | N | N | N | N | N | N Theater | L | L | Y | Y | Y | Y | Y | Y Convention and exposition center | N | N | S | S | S | S | S | S Marina | Y | Y | Y | Y | Y | Y | Y | Y Outdoor racing facility | N | N | N | N | N | N | N | N STORAGE, RECYCLING AND WHOLESALE TRADE USES Recycling collection facility | S | S | S | S | S | S | S | S Mixed-waste processing facility | N | N | N | N | N | N | N | N Material reclamation facility | N | N | N | N | N | N | N | N Salvage operation, indoor | N | N | N | N | N | N | N | S Salvage operation, outdoor | N | N | N | N | N | N | N | N Wholesale and distribution facility, indoor | S | S | L | L | L | L | L | L Wholesale and distribution facility, outdoor | N | N | S | S | S | S | S | S Storage Facilities Indoor | S | S | L | L | L | L | L | L Self-service | N | N | N | N | N | N | N | S Outdoor | N | N | S | S | S | S | S | S Hazardous materials | N | N | N | N | N | N | N | N TRANSPORTATION USES Ambulance service | N | N | S | S | S | Y | Y | S Ground transportation service | N | N | S | S | S | S | S | L Passenger terminal | N | N | Y | Y | Y | Y | Y | Y Helicopter landing facility | N | N | S | S | S | S | S | S Airport | N | N | N | N | N | N | N | N Ship terminal or docking facility | N | N | N | N | N | N | N | N Truck freight terminal | N | N | N | N | N | N | N | N Railroad switching, classification yard or freight terminal | N | N | N | N | N | N | N | N INDUSTRIAL USES Alcohol beverage facility, micro | N | N | L | L | L | L | L | Y Alcohol beverage facility, large | N | N | N | N | N | N | N | N Food processing | N | N | L | L | L | L | L | L Manufacturing, light | N | N | L | L | L | L | L | L Manufacturing, heavy | N | N | N | N | N | N | N | N Manufacturing, intense | N | N | N | N | N | N | N | N Research and development | N | N | S | S | S | S | S | S Processing or recycling of mined materials | N | N | N | N | N | N | N | N Industrial wastewater treatment facility | N | N | N | N | N | N | N | N Contractor’s shop | N | N | L | L | L | L | L | L Contractor’s yard | N | N | S | S | S | S | S | S Table 295-603-1 COMMERCIAL DISTRICTS USE TABLE Y=Permitted Use L=Limited Use S=Special Use N=Prohibited Use | Zoning Districts USES | NS1 | NS2 | LB1 | LB2 | LB3 | RB1 | RB2 | CS AGRICULTURAL USES Plant, nursey or greenhouse | S | S | S | S | S | S | S | S Raising of livestock | S | S | S | S | S | S | S | S Community garden | S | S | S | S | S | S | S | S Commercial farming enterprise | S | S | S | S | S | S | S | S UTILITY AND PUBLIC SERVICE USES Broadcasting or recording studio | N | N | Y | Y | Y | Y | Y | Y Transmission tower | L | L | L | L | L | L | L | L Water treatment plant | S | S | Y | Y | Y | Y | Y | Y Sewage treatment plant | N | N | N | N | N | N | N | N Power generation plant | N | N | N | N | N | N | N | N Small wind energy system | S | S | S | S | S | S | S | S Solar farm | S | S | S | S | S | S | S | Y Substation/distribution equipment, indoor | S | S | S | S | S | S | S | S Substation/distribution equipment, outdoor | L | L | L | L | L | L | L | L TEMPORARY USES Seasonal market | L | L | L | L | L | L | L | L Temporary real estate sales office | L | L | L | L | L | L | L | L Concrete/batch plant, temporary | L | L | L | L | L | L | L | L Live entertainment special event | L | L | L | L | L | L | L | L 2. LIMITED USE STANDARDS. a. Single-family Dwelling, Two-family Dwelling, Multi-family Dwelling, Attached Single family Dwelling or Live-work Unit. a-1. At the street level of the primary street, accessory parking, storage facilities or mechanical equipment shall occupy not more than 40% of the interior street frontage zone of the street level area. The interior street frontage zone, which requires street-activating uses, shall be 15 feet in depth in this district. a-2. No dwelling unit shall be permitted in the street-level area on a principal arterial, minor arterial or collector street, as classified on the functional classification of streets and highways map. Street-level dwelling units are permitted on local streets. a-3. A newly-established residential use within an existing building where the first floor is more than 30 inches above grade is exempt from the standards of this paragraph. b. Family Day Care Home. b-1. The operator of the family day care home shall reside in the dwelling unit in which the day care home is located, except in a 2-family dwelling, in which case the operator may reside in one dwelling unit and operate the family day care home in the other unit. b-2. There shall be no other family day care home in the building as of April 30, 2004. b-3. The family day care home shall not operate between the hours of 12 a.m. and 6 a.m. b-4. Any family day care home that does not meet one or more of these standards shall be classified as a day care center. c. Accessory Dwelling Unit. c-1. Only one accessory dwelling unit shall be located on the parcel. c-2. The parcel shall contain a single-family or 2-family dwelling. c-3. At the time a building permit application is submitted for an accessory dwelling unit accessory to an existing principal dwelling unit, at least one owner of the existing principal dwelling unit shall occupy the existing principal dwelling unit as the owner’s primary residence, except the owner is not required to occupy a dwelling unit on the property at the time a permit application is submitted when a structure containing an accessory dwelling unit is being constructed simultaneously with a new principal dwelling unit structure. A person may have only one primary residence. For purposes of this subdivision, “primary residence” means a residence which is the usual place of return for housing as documented by at least 2 of the following or other documentation approved by the commissioner of neighborhood services: c-3-a. Motor vehicle registration. c-3-b. Driver’s license. c-3-c. Wisconsin state identification card. c-3-d. Voter registration. c-3-e. Federal or state income tax return. c-3-f. Utility bill. c-3-g. Verification of eligibility for lottery or gaming credit for tax purposes. c-4. If any of the standards in subds. 1 through 3 are not met, the accessory dwelling unit is a prohibited use. d. Adult Family Home or Small Group Shelter Care Facility. d-1. Adult Family Home. All residents of the adult family home, other than the operator or care provider and the operator and 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. d-2. Small Group Shelter Care Facility. d-2-a. All residents of the small group shelter care facility, 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, adult family home, small foster home, group home or group foster home, large group shelter care facility or another small group shelter care facility. d-2-b. The department of neighborhood services has received notification from the state of Wisconsin of application for licensure of the facility as a small group shelter care facility. e. Small Foster Home. 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. f. Group Home, Group Foster Home or Community Living Arrangement. f-1. All residents of the facility, 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 small foster home or another group home, group foster home or community living arrangement. f-2. Not more than 15 clients shall reside on the premises. f-3. The use has not been determined by the common council to be a nuisance under s. 62.23(7)(i), Wis. Stats. f-4. The department of neighborhood services has received notification from the state of Wisconsin of application for licensure of the facility as a group home, group foster home or community living arrangement. The department shall provide written notification of this application to the common council member representing the area in which the facility would be located. f-5. Prior to initial licensure of the group home, group foster home or community living arrangement by the state of Wisconsin, the applicant for licensure has made a good faith effort to establish a community advisory committee consisting of representatives from the proposed group home, group foster home or community living arrangement, the neighborhood in which the proposed facility will be located and a local unit of government, in accordance with s. 48.68(4) or s. 50.03(4)(g), Wis. Stats., as applicable, with the local government representative being the local common council member or the council member’s designee. g. Day Care Center. g-1. The day care center shall have a maximum capacity of 30 children per shift. g-2. The day care center shall not operate between the hours of 12 a.m. and 6 a.m. g-3. The day care center shall have one of the following: g-3-a. At least 2 off-street parking spaces designated for the loading and unloading of children. g-3-b. A loading zone permit issued pursuant to s. 101-23.7 for a loading zone in the public right-of-way immediately adjacent to the day care center premises. g-4. There shall be at least 75 square feet of outdoor play space for each child using the space at any given time. In addition, the total outdoor play space of the day care center shall accommodate not less than one-third of the number of children for which the center is licensed or shall be a minimum of 750 square feet, whichever is greater. The outdoor play space shall be on the premises of the day care center. g-5. The day care center shall not be located within 500 feet of an adult retail establishment. If this standard is not met, the day care center is a prohibited use. g-6. The day care center shall not be located within 300 feet of a premises for which the common council has granted any of the alcohol beverage licenses identified in s. 90-4-1, 2 and 5 and such license is currently valid. If the day care center is located in a building containing an elementary or secondary school religious assembly, community center, cultural institution or library as a principal use, and does not meet this standard then the use shall be classified as a special use. If the day care center is not located in a building containing an elementary or secondary school religious assembly, community center, cultural institution or library as a principal use, and does not meet this standard, then the use shall be classified as a prohibited use. h. General Retail Establishment. The use shall not be operated between 12 a.m. and 5 a.m. if it is located within 150 feet of a residential district. This limitation shall not apply to a convenience store which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7. i. Tobacco or E-cigarette Retailer. i-1. The tobacco or e-cigarette retailer shall not be located within 1,000 feet of an elementary or secondary school, library, day care center, park or playground. If this standard is not met, the tobacco or e-cigarette retailer is a prohibited use. i-2. The tobacco or e-cigarette retailer shall not be located within 500 feet of a premises holding a cigarette and tobacco license. j. Secondhand Store. j-1. All drop-offs of consignment or donated items shall occur inside the building. j-2. The use shall not be operated between 12 a.m. and 5 a.m. if it is located within 150 feet of a residential district. k. Adult Day Care. k-1. The adult day care center shall have a maximum capacity of 40 clients per shift. k-2. The adult day care shall have at least 2 spaces available to the day care center for parking or loading. The spaces shall be located on the premises or on the street immediately adjacent to the site of the adult day care, provided that such on-street spaces are available for public use during the operation of the adult day care. The on-street parking spaces shall be in compliance with all city parking regulations and shall each measure at least 20 feet long if they are parallel parking spaces. L. Animal Hospital/Clinic, Animal Boarding Facility or Animal Grooming or Training Facility. No outdoor run or outdoor kennels shall be provided on the premises. m. Light Motor Vehicle Rental Facility. Not more than 15 vehicles available for rent may be kept on the premises. n. Car Wash. n-1. If any mechanical washing equipment is used: n-1-a. The car wash shall not be located within 150 feet of a residential use. n-1-b. Washing and cleaning shall be conducted on a line of operation within a building which is constructed so as to prevent any liquid or resultant spray or mist from crossing any property line of the premises. n-1-c. One or more driving lanes shall be provided to allow for continuous movement of vehicles into the washing and cleaning operations. If access to the line of operation is limited to a single lane, the lane shall be used exclusively for the washing and cleaning operation. n-1-d. Each driving lane shall be not less than 10 feet wide. n-1-e. A queue lane of at least 200 feet in length shall be provided on the premises. n-1-f. All wastewater shall be contained entirely on the premises. n-2. If no mechanical washing equipment is used: n-2-a. The car wash shall not be located within 150 feet of a residential use. n-2-b. Washing and cleaning shall be conducted within a building which is constructed so as to prevent any liquid or resultant spray or mist from crossing any property line of the premises. n-2-c. One or more driving lanes shall be provided to allow for continuous movement of vehicles into the washing and cleaning operations. n-2-d. Parking for at least 4 vehicles shall be provided on the premises. n-2-e. All wastewater shall be contained entirely on the premises. o. Non-restaurant Drive-through Facility. o-1. A queue lane of at least 200 feet shall be provided on the premises. This limitation shall not apply to an automatic teller machine. o-2. The facility shall not be operated between the hours of 10 p.m. and 7 a.m. This limitation shall not apply to an automatic teller machine or a drive-through facility associated with a convenience store, personal service or filling station which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7. o-3. The facility shall not be located within 150 feet of a residential use. o-4. Any lights associated with the facility shall be controlled so as to prevent glare or spill light on residential properties, as prohibited by ch. 80. o-5. If the facility is visible from a public street or a residential district, an opaque screen shall be provided along the visible portion of the drive-through queuing and operating lane. p. Electric Vehicle Charging Facility or Parking Lot, Principal Use. p-1. In the NS1, NS2, LB2, LB3, RB2 and CS districts: p-1-a. The width of the paved parking area shall not exceed 60 feet as measured from side lot line to side lot line, except in the LB3 district this dimension shall not exceed 45 feet. p-1-b. The use shall not be immediately adjacent to another premises containing a parking lot or electric vehicle charging facility as a principal use. p-1-c. No alley shall be relied upon for vehicular circulation purposes. p-1-d. The parking lot or electric vehicle charging facility shall not be located on a corner lot. p-2. In the LB1 district, the parking lot shall function in an accessory manner and shall be used exclusively by owners of a different premises that is within 300 feet of the parking lot, or persons parking with the consent of any owner of the premises, and both the parking lot and the premises within 300 feet are under the same ownership. The parking shall serve as required parking or allowed parking that does not exceed the maximum number of parking spaces permitted for the use served, as specified in s. 295-403. q. Parking Lot, Accessory Use. q-1. The parking lot shall not be located between the street façade of a principal building and a street lot line. This standard shall not apply to any use listed in the “motor vehicle uses” section of table 295-603-1 q-2. In the LB3 district, the width of the paved parking area adjacent to the primary street frontage shall not exceed 45 feet as measured from the principal building to the side lot line. r. Parking Structure, Principal Use or Accessory Use. At least 50% of the interior street frontage zone of the street-level area, to a depth of 15 feet, shall be occupied by one or more other uses listed as permitted, with street-activating uses, in the district or otherwise approved by the board. s. Tavern. The structure to be occupied was constructed prior to October 1, 2002, was originally designed and intended to be occupied in whole or in part by a non-residential use and has been occupied by such non-residential use within the past 12 months. t. Assembly Hall. t-1. The use shall be located on the premises of, and accessory to, a restaurant or tavern. t-2. The use shall operate within the business hours of the restaurant or tavern to which it is accessory. t-3. The restaurant or tavern to which the use is accessory holds all licenses necessary to facilitate events in the assembly hall, including but not limited to food dealer, alcohol beverage or public entertainment premises licenses. u. Theater. The capacity of the building shall not exceed 49 persons. v. Light Motor Vehicle Wholesale Facility. Not more than 3 vehicles to be sold shall be stored on the premises. w. Indoor Wholesale and Distribution Facility or Indoor Storage Facility. w-1. The gross floor area of the building devoted to storage as a principal use shall not exceed 3,600 square feet. w-2. Storage of hazardous materials, as described in s. 295-201-627, shall be prohibited. x. Ground Transportation Service. x-1. Not more than 15 vehicles shall be stored on the premises at any one time. x-2. The vehicle storage area shall be screened in accordance with s. 295-405-4. y. Alcohol Beverage Facility, Micro. y-1. Annual production of fermented mall beverages shall not exceed 5,000 barrels. y-2. Annual production of vinous spirits shall not exceed 50,000 gallons. y-3. No production of distilled spirits shall be permitted. z. Light Manufacturing. z-1. The gross floor area devoted to the use shall not exceed 3,600 square feet. z-2. The use shall not operate between the hours of 9 p.m. and 7 a.m. z-3. The use shall not generate noise or odors in violation of ch. 80. z-4. All manufacturing activities shall occur within an enclosed building. aa. Food Processing. aa-1. The gross floor area devoted to the use shall not exceed 3,600 square feet in the LB3 district and 20,000 square feet in other districts. aa-2. The use shall not operate between the hours of 9 p.m. and 7 a.m. aa-3. The use shall not generate noise or odors in violation of ch. 80. aa-4. All food processing activities shall occur within an enclosed building. bb. Contractor's Shop. All of the contractor's activities, including those activities that are accessory to the principal use, shall be conducted entirely within a building. cc. Transmission Tower. cc-1. The tower shall comply with the applicable provisions of s. 295-413. cc-2. The tower does not exceed the district height limit or the tower is accessory to an elementary or secondary school and does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower. Any other tower which does not exceed 2 times the district height limit or 150 feet, whichever is less, may be allowed as a special use. All other towers are prohibited. dd. Substation/Distribution Equipment, Outdoor. dd-1. All structures associated with the use shall be screened in accordance with s. 295-405-6-c. dd-2. No structure associated with the use shall be located within 25 feet of a street lot line. ee. Seasonal Market. ee-1. The activity shall be located on property owned or leased by the operator of the seasonal market. Alternatively, the market operator may furnish the department with written evidence that the property owner has given the operator permission to use the premises for a seasonal market. ee-2. If flowers, plants or Wisconsin-grown farm products constitute at least 75% of the merchandise offered for sale, the activity shall be limited to not more than 180 days in one calendar year. If Christmas trees constitute at least 75% of the merchandise offered for sale, the activity shall be limited to not more than 90 days in one calendar year. Otherwise, the duration of the seasonal market shall be limited to not more than 14 days in one calendar year. ee-3. The activity shall not produce glare, spill light or noise in violation of the provisions of ch. 80. ee-4. Signage shall be limited to not more than 2 signs and a total display area of 16 square feet for all signs combined. ee-5. Sales shall not occur between the hours of 9 p.m. and 7 a.m. ee-6. The site shall be restored to its previous condition following termination of the market operation. ff. Temporary Real Estate Sales Office. ff-1. The sales office and any associated model homes or units shall be open only until the homes or units specifically being marketed are sold out. ff-2. Signage shall comply with the requirements of s. 295-407 and the sign regulations of subch. 5. ff-3. Customer-accessible restrooms shall be provided. ff-4. An occupancy permit shall not be required for a temporary real estate sales office meeting the requirements of this paragraph. gg. Temporary Concrete/Batch Plant. gg-1. The plant shall be located on the property it serves or adjacent to the roadway if it is serving a roadway project. Construction projects at other locations shall not be served by the facility. gg-2. The plant shall be located on property owned or leased by the operator of the plant. Alternatively the plant operator may furnish the department of neighborhood services with written evidence that the property owner has given the operator permission to use the premises for a concrete/batch plant. If the operation utilizes the public right-of-way, the operator shall obtain appropriate permissions and permits from the commissioner of public works. gg-3. No dust from the operation shall blow onto adjacent properties or public right-of-way. The operator shall also provide for the daily removal of material tracked onto the public roadway by equipment coming to or going from the facility. gg-4. The plant shall not operate between the hours of 9 p.m. and 7 a.m. gg-5. The plant may operate for a period not to exceed 9 months. When the construction project the plant is serving is complete, the site shall be cleaned and returned to its original condition or improved condition, as appropriate. gg-6. The plant shall be screened with a 9-foot opaque fence, including but not limited to a chain-link fence with inserted slats. hh. Live Entertainment Special Event. hh-1. If the event is to occur on the public right-of-way or other public property, the person, firm or organization coordinating the event shall obtain a special event permit in accordance with s. 105-55.5. hh-2. The person, firm or organization coordinating the event shall obtain a public entertainment premises license or a temporary public entertainment premises permit, as required by ch. 108. hh-3. The event shall be located on property owned or leased by the person, firm or organization that is coordinating it. Alternatively, such person, firm or organization may furnish the department with written evidence that the property owner has given the operator permission to use the premises for a live entertainment special event. 3. ADDITIONAL SPECIAL USE STANDARDS. No special use permit for a currency exchange, payday loan agency, title loan agency, installment 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. No other currency exchange, payday loan agency, title loan agency, installment loan agency, cash-for-gold business or pawn shop is located within 1,500 feet of the proposed use. b. The proposed use will not be located within 150 feet of a single-family or 2-family residential zoning district. 4. ACCESSORY USES. a. General. An accessory use to a principal use shall be allowed if it complies with all applicable development standards, all other regulations of this chapter and all provisions of this code relating to odors, smoke, dust or noise, or the open storage of materials or equipment. b. Motor Vehicle Repair, Service or Maintenance on Lots Used for Residential Purposes. No motor vehicle repair, service or maintenance shall be permitted on any lot used wholly or in part for residential purposes without a certificate of occupancy for such motor vehicle uses, unless the following conditions are met: b-1. The motor vehicle repaired, serviced or maintained is owned by a person who resides on the lot. b-2. Not more than one motor vehicle shall be repaired, serviced or maintained at any one time. b-3. The removal of any vehicle components, including but not limited to engines, transmissions, radiators, wheel assemblies, doors and hoods, shall be performed only within an enclosed garage and out of view of the general public. All vehicle parts, components and repair tools shall be stored within an enclosed garage and kept out of view of the general public. Junk yards shall not be permitted. b-4. Motor vehicle body work and painting shall be permitted only if a certificate of occupancy for a light motor vehicle body shop has been issued by the department. c. Home Occupations-Commercial Zoning. Home occupations, except live-work units as defined in s. 295-201, shall comply with the following standards: c-1. The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling unit. c-2. No one other than members of the family residing in the dwelling unit shall be employed in the conduct of the home occupation except one person may be employed on the site in connection with the home occupation who is not a resident of the dwelling unit. c-3. No accessory building or open space may be used for the conduct of a home occupation or for the storage of related equipment or supplies. However, up to 50% of private residential garage space may be used for storage of related equipment or supplies provided any parking requirements established by this chapter are met. c-4. There shall be no external alteration of the dwelling unit to accommodate the home occupation and the existence of the home occupation shall not be apparent beyond the boundaries of the site except for signage as stated in subd. 7. c-5. Not more than 25% of the total usable floor area of the principal building including the basement may be devoted to the home occupation. c-6. Visitations in conjunction with the home occupation by clients, pupils, sales persons or others shall be limited to no more than 8 during a 24-hour period. No more than 2 visitors may visit at one time. c-7. A maximum of one non-illuminated wall sign shall be permitted not to exceed 6 square feet in size. c-8. The home occupation shall not involve explosives, fireworks, repair of motor vehicles including body work or any use which requires a special use or variance for the specific zoning district. c-9. The operation of the home occupation, as it is apparent to adjacent residential uses, shall begin no earlier than 7:00 a.m. and end no later than 9:00 p.m. d. Rummage Sales. Not more than 2 rummage sales shall occur on a residential premises in one calendar year. No rummage sale shall exceed 3 days in length. Items offered for sale shall be limited to household items from one dwelling unit. e. Accessory Parking. The location of accessory off-street parking spaces, including parking for 4 or fewer vehicles, shall comply with all applicable parking location standards set forth in s. 295-603-2. f. Electric Vehicle Supply Equipment. The equipment shall meet the standards set forth in s. 295-403-3-f.

Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH295-sub6.pdf#page=1Fetched: 10/26/2026