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Council adopts ordinance to allow adult daycare centers as conditional uses
Summary
The Oak Creek Common Council adopted Ordinance 3158 to add 'adult daycare center' as a conditional use in specified zoning districts and to add a state-consistent definition, following applicant testimony about program size, staffing and Medicaid funding.
The Oak Creek Common Council voted June 2 to adopt Ordinance No. 3158, amending Table 17.0304 and subsection 17.101 of the municipal code to list “adult daycare center” as a conditional use in several zoning districts and to add a definition consistent with Wisconsin state guidance.
Community Development Director Christy Lane told the council that the change is needed because the use is not currently listed and therefore not permitted; the plan commission recommended approval at its April 14 meeting. "If this particular user were to move forward, they would have to come forward with a specific conditional use permit application for a specific location that fits under one of these zoning districts," Lane said.
Aaron Tesh, representing Adult Day Services of Southeastern Wisconsin (ADSSW), described typical operations the provider would bring to Oak Creek. He said programs normally run about six contracted hours a day (roughly 8:30 a.m. to 2:30 p.m.), in facilities of about 5,000–7,000 square feet, with capacity capped around 50 participants and a maximum staff-to-participant ratio of 1 to 8. ADSSW serves primarily adults with developmental and cognitive disabilities and participates in a Medicaid home-and-community-based-services waiver, Tesh said.
Council members asked procedural questions about whether the use is treated as a business or institutional activity and about the conditional-use process; staff confirmed the text amendment allows the use in specified B (commercial) and institutional districts but that a later conditional-use permit would govern location-specific details and conditions. Several members said they supported the change, noting limited local adult-day services.
A motion to adopt Ordinance 3158 was made, seconded and approved by roll call. The ordinance adds the adult daycare center category as a conditional use in specified zoning districts and inserts a definition into subsection 17.101 of the municipal code. Next steps for any provider would include applying for a conditional-use permit and meeting building, safety and program-specific requirements.
