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File #: 060585    Version: 0
Type: Ordinance Status: Passed
File created: 9/6/2006 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 12/12/2006
Effective date: 1/4/2007    
Title: An ordinance relating to the restoration of certain nonconforming structures.
Sponsors: THE CHAIR
Indexes: BUILDING CODE, ZONING
Attachments: 1. Letter from the Zoning Code Technical Committee, 2. CPC Notice Published on 11-3-06 and 11-10-06.PDF, 3. CPC Letter, 4. Notice Published on 1-3-07.PDF
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/3/20070 CITY CLERK PUBLISHED   Action details Meeting details Not available
12/18/20060 MAYOR SIGNED   Action details Meeting details Not available
12/12/20060 COMMON COUNCIL PASSEDPass14:0 Action details Meeting details Not available
11/28/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Ald. Bauman asked that this be held until later in the meeting so that the City Attorney's Office could be present to address his concerns. Individual present: Stuart Mukamal - City Attorney's Office This matter was taken up at 11:35 A.M.
Pass4:0 Action details Meeting details Not available
11/20/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/20/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/20/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/20/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/20/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/3/20060 CITY CLERK PUBLISHED

Minutes note: This file is being published on 11-3-06 and 11-10-06 for a CPC Mtg. on 11-20-06 at 2:20 p.m.
   Action details Meeting details Not available
9/7/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/7/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/6/20060 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

060585

Version

ORIGINAL

Reference

 

Sponsor

THE CHAIR

Title

An ordinance relating to the restoration of certain nonconforming structures.

Sections

295-415-4-c rc

295-415-4-d rc

Analysis

Presently, a nonconforming structure which has deteriorated or is damaged by fire or other casualty such that the ratio of the estimated cost of restoring the structure to its prior condition to the estimated cost of duplicating the entire pre-existing structure exceeds 50% may not be reconstructed unless such reconstruction will result in the structure conforming to all applicable regulations of the zoning regulations in which it is located and will not increase the dimensional nonconformity of the structure.  An exception is provided for nonconforming principal residential structures.

 

In accordance with a recent change in state law, this ordinance expands the circumstances under which a nonconforming structure may be reconstructed.  Specifically, this ordinance provides that a nonconforming structure that was damaged or destroyed on of after March 2, 2006, by violent wind, vandalism, fire, flood, ice, snow, mold or infestation may be restored to the size, location and use that it had immediately before the damage or destruction occurred, regardless of the extent of the damage or destruction.  In addition, the new structure may be larger than the nonconforming structure immediately before the damage or destruction if the larger size is necessary for the structure to comply with applicable state or federal requirements.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 295-415-4-c and d of the code is repealed and recreated to read:

 

295-415.  Nonconformities.

 

4.  NONCONFORMING STRUCTURES.

 

c.  Deterioration or Damage.  A nonconforming structure which has deteriorated or is damaged by fire or other casualty such that its reconstruction ratio, as calculated pursuant to sub. 2-e, exceeds 50%, may not be reconstructed unless either of the following is true:

 

c-1.    Such reconstruction will result in the structure conforming to all applicable regulations of the zoning district in which it is located and will not increase the dimensional nonconformity of the structure.

 

c-2.  The nonconforming structure was damaged or destroyed on of after March 2, 2006, and the damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation.  If this is true, the structure may be restored to the size, location and use that it had immediately before the damage or destruction occurred.  In addition, the new structure may be larger than the nonconforming structure immediately before the damage or destruction if the larger size is necessary for the structure to comply with applicable state or federal requirements.

 

d.  Exception For Nonconforming Residential Structures.  A nonconforming residential structure may be enlarged, altered or reconstructed provided that the applicant can demonstrate either of the following:

 

d-1.  The structure is not an accessory structure and the enlargement, alteration or reconstruction will not increase any dimensional nonconformity of the structure.

 

d-2.  The structure was damaged or destroyed on of after March 2, 2006, and the damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation.  If this is true, the structure may be restored to the size, location and use that it had immediately before the damage or destruction occurred.  In addition, the new structure may be larger than the nonconforming structure immediately before the damage or destruction if the larger size is necessary for the structure to comply with applicable state or federal requirements.

LRB

APPROVED AS TO FORM

 

 

__________________________

Legislative Reference Bureau

Date:______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

__________________________

Office of the City Attorney

Date:______________________

Requestor

Department of City Development

Drafter

LRB06380-1

JDO

08/29/2006