File #: O-2015-0002    Version: 1
Type: Ordinance Status: Passed
File created: 1/6/2015 In control: Plan Commission
On agenda: 1/6/2015 Final action: 1/6/2015
Title: Ordinance to amend Subsections 12.06, 12.40(2)(b), 12.41(1)(n), (2)(e), (3)(e), and 12.42(3)(b), repeal Subsections 12.40(2)(c), 12.42(1)(g), 12.41(1)(hh) and (2)(f), and create Subsections 12.40(1)(rr) and (3)(l) of the Revised Municipal Code relative to defining and permitting food production and sales uses.
Sponsors: Cathleen M. Probst, Rosalie L. Reinke
Attachments: 1. Signed Ordinance & Affidavit, 2. Signed Ordinance
Title
Ordinance to amend Subsections 12.06, 12.40(2)(b), 12.41(1)(n), (2)(e), (3)(e), and 12.42(3)(b), repeal Subsections 12.40(2)(c), 12.42(1)(g), 12.41(1)(hh) and (2)(f), and create Subsections 12.40(1)(rr) and (3)(l) of the Revised Municipal Code relative to defining and permitting food production and sales uses.
 
Body
The Common Council of the City of West Allis do ordain as follows:
 
PART I.      Subsection 12.06 of the Revised Municipal Code of the City of West Allis is hereby amended to read:
 
12.06      Definitions
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      Accessory use: A subordinate use of a premises or portion thereof which is clearly and customarily incidental to the principal use of the premises and which is located on the same lot as the principal use, except for such accessory parking facilities as are specifically authorized to be located elsewhere. Accessory uses are permitted as a matter of right in all Zoning Districts identified in this Subchapter. Such uses must not alter the character of the area or be detrimental thereto, and are subject to all applicable general and specific regulations set forth in this Subchapter.
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PART II.      Subsection 12.06 of the Revised Municipal Code of the City of West Allis is hereby amended to include the following terms:
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      Food production, limited: An establishment that manufactures food products to be sold to consumers, retailers or wholesalers for final consumption or distribution; including, but not limited to, bakeries, caterers, candy and ice cream stores, delicatessens and meat markets, breweries, distilleries, and services bases for mobile food services; this does not include the transformation of livestock.
Food production and processing: An establishment that manufactures food products or ingredients to be sold to retailers or wholesalers for final consumption, or for distribution or further processing; including, but not limited to, the transformation of livestock.
 
      Grocery store: An establishment that sells staple food, meats, produce, and dairy products and usually household supplies, and includes no form of food production.
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PART III.      Subsection 12.40(2)(b) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
 
(2)       Special Uses.
 
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(b)      Food production, limited.
 
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PART IV.      Subsection 12.40(2)(c) of the Revised Municipal Code of the City of West Allis is hereby repealed.
 
PART V.      Subsections 12.40(1)(rr) and (3)(l) of the Revised Municipal Code of the City of West Allis are hereby created to read:                  
 
(1)       Permitted Uses.
 
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(rr)      Grocery stores.
 
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(3)       Required Conditions.
 
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(l) All business establishments shall contain onsite retail or be service establishments dealing directly with consumers.
PART VI.      Subsections 12.41(1)(hh) and (2)(f) of the Revised Municipal Code of the City of West Allis are hereby repealed.                  
 
PART VII.      Subsections 12.41(1)(n), (2)(e) and (3)(e) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
 
(1)       Permitted Uses.
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(n)       Grocery stores.
 
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(2)       Special Uses.
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(e)       Food production, limited.
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(3)       Required conditions.
 
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(e)       All business establishments shall contain onsite retail or be service establishments dealing directly with consumers.
PART VIII.      Subsection 12.42(1)(g) of the Revised Municipal Code of the City of West Allis is hereby repealed.
 
PART IX.      Subsection 12.42(3)(b) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
 
(3)        Required Conditions.
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(b)       All business establishments shall contain onsite retail or be service establishments dealing directly with consumers.
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PART X.       All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
 
PART XI.      This ordinance shall take effect and be in force from and after its passage and publication.
 
cc:      Department of Development
      City Attorney's Office
      Department of Building Inspections