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File #: 39126    Version: 1 Name: Update status for adult family homes & community living arrangements
Type: Ordinance Status: Passed
File created: 6/30/2015 In control: PLAN COMMISSION
On agenda: 8/4/2015 Final action: 8/4/2015
Enactment date: 8/13/2015 Enactment #: ORD-15-00081
Title: Amending Sections 28.151 and 28.032 of the Madison General Ordinances to update use status for adult family homes and community living arrangements.
Sponsors: Steve King, Ledell Zellers
Attachments: 1. Body, 2. ZText Comments.pdf

Fiscal Note

No fiscal impact.

Title

Amending Sections 28.151 and 28.032 of the Madison General Ordinances to update use status for adult family homes and community living arrangements.

Body

DRAFTER'S ANALYSIS:  Wis. Stat. § 62.23(7)(i) provides that community living arrangements and adult family homes may locate in residential zones without obtaining special permission from the City.  The zoning code currently requires conditional use permits in certain zones where it is not allowed to require special permission.  This amendment ensures that city ordinances are consistent with state law.  For example, adult family homes and community living arrangements serving up to 8 residents are permitted uses in any residential zone.  Community living arrangements serving 9-15 residents are permitted uses in any residential zone except those exclusively zoned for single-family or 2-family residences, where state law allows the city to require conditional use approval.  For community living arrangements serving more than 15 residents, state law allows the city to require conditional use approval.  Accordingly, the code does not need to be amended for these establishments.  This amendment also amends the supplemental regulations to reflect these changes.

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The Common Council of the City of Madison do hereby ordain as follows:

                     Please see "Body" in Attachments.