ORDINANCE NO. 2342
BY: ________________________________
AN ORDINANCE TO REPEAL AND RECREATE THE DEFINITION
OF FAMILY, TO CREATE THE DEFINITION OF A FUNCTIONAL FAMILY UNIT
AND A CHAPTER 980 STATS. SUPERVISED RELEASE USE UNDER SEC. 17.1402
OF THE MUNCIPAL CODE, TO ESTABLISH CHAPTER 980
SUPERVISED RELEASE USES AND FUNCTIONAL FAMILY
UNITS AS CONDITIONAL USES IN ALL ZONING DISTRICTS
WHEREAS, Chapter 980 of the Wisconsin Statutes provides for the civil commitment of sexually violent persons, and specifically, Sec. 980.08, Stats., provides for the supervised release of such persons into the community following such commitment, under certain conditions; and
WHEREAS, among the matters to be considered upon any petition for supervised release into the community by a sexually violent person, is the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the Wisconsin Department of Corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies, pursuant to Sec. 980.08(5), Stats.; and
WHEREAS, Section 7m. (1m) of 2003 Wisconsin Act 187 provided for the creation of a committee to assist the State in determining the location for the facility enumerated in 2001 Wisconsin Act 16, Section 9107 (1)(d)1., that will be a transitional facility for the housing of persons committed to the custody of the Wisconsin Department of Health and Family Services under Chapter 980 of the Wisconsin Statutes, and at Section 7m.(f) of Act 187, that such committee shall consider all of the following factors when determining the criteria for the location of the facility: community safety; proximity to sensitive locations; ability to make the facility secure; accessibility to treatment for the persons living in the facility; payments that may be made in lieu of property taxes; availability of tax incentives to a community to locate the facility within its jurisdiction; the proximity of the placement to the residence of other persons on supervised release, the residence of persons who are in the custody of the Department of Corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies, any facility for children (which means a public or private school, a group home, as defined in Sec. 48.02 (7), Stats., a residential care center for children and youth, as defined in Sec. 48.02 (15d), Stats., a shelter care facility, as defined in Sec. 48.02 (17), Stats., a foster home, as defined in Sec. 48.02 (6), Stats., a treatment foster home, as defined in Sec. 48.02 (17q), Stats., a day care center licensed under Sec. 48.65, Stats., a day care program established under Sec. 120.13 (14), Stats., a day care provider certified under Sec. 48.651, Stats., or a youth center, as defined in Sec. 961.01 (22), Stats.) of which that committee is aware, and any residential subdivision; and
WHEREAS, Wis. Stats. Sec. 940.01(7) defines a sexually violent person as a person who has been convicted of a sexually violent offense, has been adjudicated delinquent for a sexually violent offense or who has been found not guilty of or not responsible for a sexually violent offense by reason of insanity or mental disease, defect or illness and who is dangerous because he or she suffers from a mental disorder that makes it likely that the person will engage in acts of sexual violence.
WHEREAS, the Common Council having considered the petition and having concurred with the recommendation of the Plan Commission and having determined that the proposed zoning text amendments as they pertain to the definition of “family”, generally in application to the administration and regulation of single-family, two-family and multi-family residential zoning districts; the creation of a definition of a “functional family unit”; and the more specific regulation of Chapter 980 Stats., supervised release uses, will serve to protect the health, safety and welfare of the Community.
NOW THEREFORE, the Common Council of the City of Oak Creek does hereby ordain as follows:
Section 1: The definition of family under Sec. 17.1402 of the Municipal Code is hereby repealed and recreated to read as follows:
A family may consist of a person living alone or any of the following groups living together in a dwelling unit and sharing common living, sleeping, cooking and eating facilities:
1. Any number of people related by blood, marriage, adoption, guardianship or other duly authorized custodial relationships;
2. Two unrelated people;
3. Two unrelated people and any children related to either of them.
A family does not include:
1. Any society club, fraternity, sorority, association, lodge, combine, federation or other like organization.
2. Two or more individuals whose association to each other is temporary and/or seasonal in nature;
3. More than one person determined to be a sexually violent person under Chapter 980, Wisconsin Statutes.
4. Three or more people who are granted a Conditional Use Permit as a Functional Family Unit, provided that a Conditional Use Permit for a Functional Family Unit shall be personal to the Functional Family Unit.
Section 2: The definition of functional family unit under Sec. 17.1402 of the Municipal Code is hereby created to read as follows:
In RS-1, RS-2, RS-3 and RS-4, single family residential zoning districts, and RD-1, RM-1 and agricultural zoning districts, a functional family unit shall consist of a group of individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in single family residential neighborhoods. In determining whether or not a group of unrelated individuals is a functional family unit under this definition, the following criteria must be used.
(1) The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.
(2) The following factors shall be considered in determining whether a functional family exists:
(a) The presence of minor dependent children regularly residing in the household;
(b) Evidence of shared household expenses;
(c) Whether or not different members of the household have the same address for the purposes of voter registrations, drivers’ licenses, motor vehicle registrations, summer or other residences and the filing of taxes;
(d) Enrollment of dependent children in local schools;
(e) Any other evidence reasonably related to whether or not the group or persons have functioned as a family unit as defined in this ordinance.
SECTION 3: The definition of a Chapter 980 Stats. supervised release under Sec. 17.1402 of the Municipal Code is hereby created to read as follows:
“Chapter 980 Stats. supervised release use. An occupancy use of a dwelling unit pursuant to a plan of the Department of Health and Family Services, a Court order, or as may otherwise result from or be provided for under Chapter 980 of the Wisconsin Statutes, which occupancy use is the supervised release of a sexually violent person.”
SECTION 4: Sections 17.0303(c)(9), 17.0304(c)(7), 17.0305(c)(8), 17.0306(c)(8), 17.0307 (c)(8), 17.0308 (c)(8), 17.0309(c)(7), 17.0310(c)(6) shall be created to read as follows:
Functional Family Unit.
SECTION 5: Sections 17.0303(c)(10), 17.0304(c)(8), 17.0305(c)(9), 17.0306(c)(9), 17.0307(c)(9), 17.0308(c)(9), 17.0309(c)(8) 17.0310(c)(7) and 17.0311(c)(9) shall be created to read as follows:
Chapter 980 Stats. supervised release use subject to the following standards:
1. The use shall not make the community unsafe;
2. The use shall not be proximate to a sensitive location;
3. The facility shall be secure;
4. The use shall be located so as to allow for the accessibility to treatment for the use occupant;
5. The property supporting the use shall remain taxable or any approval of the use shall be conditioned upon payments to be made in lieu of property taxes;
6. The provision of tax incentives to the City to compensate for adverse impacts and increased service levels resulting from the use;
7. The use shall not be located proximate to the residence of other persons on supervised release;
8. The use shall not be located proximate to the residence of persons who are in the custody of the Wisconsin Department of Corrections and regarding whom a sex offender notification has been issued to law enforcement agencies under Sec. 301.46(2m)(a) or (am), Stats.;
9. The use shall not be located proximate to any facility for children (which means a public or private school, a group home, as defined in Sec. 48.02(7), Stats., a residential care center for children and youth, as defined in Sec. 48.02 (15d), Stats., a shelter care facility, as defined in Sec. 48.02 (17), Stats., a foster home, as defined in Sec. 48.02 (6), Stats., a treatment foster home, as defined in Sec. 48.02 (17q), Stats., a day care center licensed under Sec. 48.65, Stats., a day care program established under Sec. 120.13 (14), Stats., a day care provider certified under Sec. 48.651, Stats., or a youth center, as defined in Sec. 961.01 (22), Stats.); and
10. The use shall not be proximate to a residential subdivision.”
SECTION 6: Section 17.0311(c)(8) shall be repealed and recreated to read as follows:
Functional Family Unit.
SECTION 7: All ordinances or parts of ordinances contravening in the provisions of this ordinance are hereby repealed.
Section 8: This ordinance shall take effect and be in force from and after its passage and publication.
Introduced this _____ day of ____________________, 2005.
Passed and adopted this ______ day of __________________, 2005.
____________________________________
President, Common Council
Approved this ______ day of __________________, 2005.
____________________________________
Mayor
ATTEST:
__________________________________ VOTE:
Ayes_____ Noes______
City Clerk