NUMB:
991779
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. D'AMATO
TITL:
A substitute ordinance amending zoning code provisions for nonconformities and site plan review overlay districts.
SECS:
295-7-23 rp
295-7-115.6 am
295-30-2 am
295-30-3 rn
295-30-3 cr
295-30-4 rn
295-30-5 rn
295-31-1-b am
295-31-1-c rp
295-31-1-d rn
295-31-4 am
295-31-5 cr
295-33 rc
295-35 rc
295-37 rc
295-80-0 am
295-80-3 cr
295-82-0 am
295-82-1 rc
295-82-2 rn
295-82-2 cr
295-82-3 rn
295-82-4 rn
295-82-5 rn
295-82-6 rn
295-83-2 am
295-83-5 cr
295-84-0 am
295-89 am
ANLS:
- Analysis -
This ordinance makes a number of changes to the regulations of zoning nonconformities, including:
1. Allowing alteration, enlargement or reconstruction of nonconforming residential structures under certain conditions.
2. Changing the procedure for determining whether a deteriorated or damaged nonconforming structure or structure containing a nonconforming special use may be rebuilt from one with an assessed-value-based formula to one based on the "reconstruction ratio": the nonconforming structure may be rebuilt or the nonconforming special use may be resumed if the ratio of the estimated cost of restoring the structure to its prior condition to the estimated cost of duplicating the pre-existing structure does not exceed 50%.
3. Generally eliminating the distinction between nonconforming prohibited uses occupying nonconforming structures and nonconforming prohibited uses occupying conforming structures and generally applying the restrictions formerly applied to the former category to all nonconforming prohibited uses occupying structures. However, a conforming structure containing a nonconforming prohibited use may be altered or relocated while a nonconforming structure containing a nonconforming prohibited use may not.
4. Allowing a nonconforming prohibited residential use to be altered or enlarged by not more than 25% or 400 square feet, whichever is less.
5. Permitting a nonconforming prohibited residential use which consists of more dwelling units than are permitted by the zoning code, and which is demolished or damaged by fire or other casualty, to be reconstructed under certain conditions.
6. Explicitly allowing ordinary repair and maintenance within or to a nonconforming structure.
7. Eliminating the 25-foot minimum width requirement for a vacant nonconforming lot to be usable for construction of a single-family dwelling.
This ordinance also creates a third type of site plan overlay district, the neighborhood conservation overlay district. This district is intended to facilitate the initiation and implementation of programs for the revitalization or conservation of older areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. A neighborhood conservation overlay district takes effect through a zoning map amendment and common council adoption of a neighborhood conservation plan and set of guidelines that will facilitate maintenance and protection of the neighborhood character and the development of vacant or underused lots. This ordinance specifies the items that the neighborhood conservation plan is to include, as well as the criteria that a neighborhood must meet in order to be considered for designation as a neighborhood conservation overlay district. Finally, this ordinance provides for the use of development standards in a neighborhood conservation overlay district which are different from, or in addition to, the standards of the base zoning district.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-7-23 of the code is repealed. (Note: The provision being repealed reads as follows:
295-7. Definitions.
23. BULK: Any one or a combination of the following structural or site design characteristics: height, lot coverage, floor area, floor area ratio and open space.)
Part 2. Section 295-7-115.6 of the code is amended to read:
115.6. NONCONFORMING STRUCTURE means a structure which was legally constructed but which no longer complies with the [[bulk]] >>dimensional<< requirements of the district in which it is located.
Part 3. Section 295-30-2 of the code is amended to read:
295-30. Purpose.
2. Permit structural alteration or enlargement, but not reconstruction, of nonconforming >>nonresidential<< structures that contain conforming uses.
Part 4. Section 295-30-3 to 5 of the code is renumbered 295-30-4 to 6.
Part 5. Section 295-30-3 of the code is created to read:
3. Permit structural alteration, enlargement or reconstruction of nonconforming residential structures or uses.
Part 6. Section 295-31-1-b of the code is amended to read:
295-31. Nonconforming Special Uses.
1. ENLARGEMENT, ALTERATION OR INTENSIFICATION.
b. Site Plan Changes. Parking areas, landscaping, signs, canopies, fences, awnings or similar site features for a nonconforming special use may be expanded, enlarged or rebuilt without board approval provided that the expansion, enlargement or reconstruction is in conformance with all other provisions of this code and with any applicable elements of the city's comprehensive plan >>,and does not expand or intensify the nonconformity<<. In addition, whenever any such change to the parking area of a nonconforming special use occurs, the parking plan for such parking area shall be subject to approval by the commissioner of public works.
Part 7. Section 295-31-1-c of the code is repealed. (Note: The provisions being repealed read as follows:
c. Interior Alterations. Interior alterations which conform to all other provisions of the code may be performed without board approval.)
Part 8. Section 295-31-1-d of the code is renumbered 295-31-1-c.
Part 9. Section 295-31-4 of the code is amended to read:
4. DETERIORATION OR DAMAGE. If a structure occupied by a nonconforming special use has deteriorated or is damaged [[in excess of 50% of its assessed value]] >>such that its reconstruction ratio, as calculated pursuant to sub. 5, exceeds 50%<< , the nonconforming special use shall not be resumed except with approval of the board.
Part 10. Section 295-31-5 of the code is created to read:
5. RECONSTRUCTION RATIO. The reconstruction ratio shall be computed as follows:
Estimated cost of restoring the Reconstruction structure to its prior condition Ratio (percent) = --------------------------------- Estimated cost of duplicating the entire pre-existing structure
Estimates of the reconstruction ratio shall be based on building industry standard unit costs or other costs reviewed and approved by the commissioner.
Part 11. Section 295-33 of the code is repealed and recreated to read:
295-33. Nonconforming Prohibited Uses Occupying Structures. 1. NONCONFORMING PROHIBITED USES. A nonconforming prohibited use may be continued subject to the following regulations:
a. Deterioration or Damage. If a structure occupied by a nonconforming prohibited use has deteriorated or is damaged in excess of 50% of its assessed value, the nonconforming prohibited use shall cease operation and shall not be resumed thereafter.
b. Extension of Use. The nonconforming prohibited use shall be neither intensified nor enlarged or extended to any parts of the structure, or extended to occupy any lands outside the structure, that were not occupied by the nonconforming prohibited use on the date such use became a nonconforming prohibited use.
c. Change of Use. The nonconforming prohibited use may be changed to another use permitted in the district in which the nonconforming use presently occupying the structure is located, or to a use permitted in a more restrictive district, provided such change will not intensify use of the structure.
d. Discontinuance of Use. If such nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to the provisions of this chapter.
e. Conforming Structures. Conforming structures occupied by nonconforming prohibited uses may be altered or relocated to any other location on the same lot, provided that the structure continues to conform with the requirements of the district in which it is located.
2. EXCEPTIONS FOR NONCONFORMING PROHIBITED RESIDENTIAL USES. Nonconforming prohibited residential uses shall be exempted from regulations governing nonconforming prohibited uses as follows:
a. A nonconforming prohibited residential use may be extended by alteration or enlargement of a structure by not more than 25% of the existing habitable floor area or 400 square feet, whichever is less, provided that the number of dwelling units is not increased.
b. A nonconforming prohibited residential use which consists of more dwelling units than are permitted by this code, and which is demolished or damaged by fire or other casualty, may be reconstructed if all of the following conditions are met:
b-1. A building permit for reconstruction is obtained within 18 months of the date of the demolition, fire or other casualty.
b-2. Reconstruction will not increase any dimensional nonconformity of the structure.
b-3. The number of dwelling units will not increase.
c. If such nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to the provisions of this chapter.
Part 12. Section 295-35 of the code is repealed and recreated to read:
295-35. Nonconforming Structures. 1. REPAIR AND MAINTENANCE. Ordinary repair and maintenance within or to a nonconforming structure shall be permitted provided that no dimensional nonconformity of the structure will increase as a result of such repair or maintenance.
2. ENLARGEMENTS, ALTERATIONS OR RELOCATION. a. A nonconforming structure occupied by only conforming uses may be enlarged or structurally altered provided that the enlargement or structural alteration conforms with the setback requirements and all other applicable regulations of the district in which it is located and does not increase the existing dimensional nonconformity of the structure.
b. A nonconforming structure occupied by only conforming uses may be relocated if, upon relocation, the structure will be in conformance with all regulations of the district into which it has been relocated.
c. A nonconforming structure occupied by a nonconforming prohibited use shall not be enlarged, relocated or structurally altered.
3. 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 s. 295-31-5, exceeds 50%, may not be reconstructed unless 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.
4. EXCEPTION FOR NONCONFORMING RESIDENTIAL STRUCTURES. Nonconforming residential structures may be enlarged, altered or reconstructed provided that the applicant can demonstrate that the enlargement, alteration or reconstruction will not increase any dimensional nonconformity of the structure.
Part 13. Section 295-37 of the code is repealed and recreated to read:
295-37. Nonconforming Vacant Lots. In addition to any construction of dwellings on nonconforming vacant lots permitted by s. 295-33-2-b, in any district in which single-family dwellings are permitted, one single-family dwelling and permitted accessory structures may be erected on any vacant, single nonconforming lot, provided that:
1. The lot has been legally created.
2. The setback and lot coverage requirements of the district are complied with.
3. The lot complies with all other applicable regulations of the district.
Part 14. Section 295-80-0 of the code is amended to read:
295-80. [[District]] >>Districts<< Established. The city of Milwaukee has established [[2]] >>3<< overlay districts which are titled and numbered as follows:
Part 15. Section 295-80-3 of the code is created to read:
3. Neighborhood Conservation Overlay District (NC).
Part 16. Section 295-82-0 of the code is amended to read:
295-82. Applicability. The city plan commission is responsible for the review of site and development plans submitted under this subchapter. This subchapter does not apply to properties [[used for single or 2-family dwellings]] >>zoned as a general planned development or detailed planned development<<. Where an overlay district is in effect, a development plan must be submitted for all proposed new developments as well as for any site work undertaken in association with existing development. In this section "site work" means any of the following:
Part 17. Section 295-82-1 of the code is repealed and recreated to read:
1. Physical expansion of any principal or accessory building.
Part 18. Section 295-82-2 to 6 of the code is renumbered 295-82-3 to 7.
Part 19. Section 295-82-2 of the code is created to read:
2. Alteration, replacement, addition or removal of exterior building features such as, but not limited to, porches, railings, balconies, gables, awnings, signs, bay windows, fire escapes, cornices, capitals, lintels, sills and pediments.
Part 20. Section 295-83-2 of the code is amended to read:
295-83. Application Requirements.
2. COVERAGE. [[Applications]] >>An application<< for an overlay district shall [[either]] cover a unique development area >>, a specific neighborhood<< or the entire contiguous ownership of the applicant.
Part 21. Section 295-83-5 of the code is created to read:
5. NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS. These districts take effect through adoption of neighborhood conservation plan and corresponding sets of guidelines that will facilitate maintenance and protection of the neighborhood character and the development of vacant or underused lots. Incompatible mixes of uses will be reduced or prohibited by adding limitations to the list of permitted and special uses of the base zoning district.
a. District Creation. Creation of a neighborhood conservation overlay district shall be by amendment to the zoning map and shall include common council approval of a neighborhood conservation plan at the same time the map amendment is adopted. The plan shall establish standards and conditions for development consistent with the purposes of the plan and may include changes in land use controls and development standards.
b. Preparation of a Neighborhood Conservation Plan. Prior to the city plan commission's consideration of a proposed neighborhood conservation overlay district, a neighborhood conservation plan shall be prepared by neighborhood property owners, the commissioner of city development or both neighborhood property owners and the commissioner of city development. The plan shall be submitted to the commissioner of neighborhood services for comments and recommendations and may be modified to reflect these comments and recommendations. A neighborhood conservation plan shall include the following:
b-1. A statement of purpose and an explanation of how the criteria of par. c are met.
b-2. A map indicating the boundaries of all lots in the proposed neighborhood conservation overlay district and the base zoning districts contained within the proposed overlay district.
b-3. A neighborhood conservation plan consisting of a map and such other textual and graphic material as may be necessary to indicate land uses, building types and features, site development requirements, signing, circulation, off-street parking and modifications in base district standards.
c. Plan Criteria. The neighborhood conservation plan shall demonstrate that the neighborhood conservation overlay district meets one or more of the following criteria:
c-1. Distinctive building features, such as period of construction, style, size, scale, detailing, mass, color and material.
c-2. Distinctive features or articles associated with the streetscape, such as light fixtures and devices, signs, benches, curb markers, kiosks and bollards.
c-3. Distinctive site planning and natural features, such as lot platting, street layout, setbacks, alleyways, sidewalks, creekbeds, parks and gardens.
c-4. Distinctive land uses or land use patterns, such as mixed or unique uses or activities, not permitted by base district without modification.
d. District Standards. d-1. Each neighborhood conservation overlay district shall include a minimum contiguous area of 2 acres, including intervening streets and alleys, and shall contain at least 3 separate parcels.
d-2. Provisions for specific uses included in the base zoning district may be modified by the neighborhood conservation plan to accommodate unique or mixed uses serving the neighborhood or to restrict uses which adversely affect the neighborhood.
d-3. Performance criteria for permitted, limited or special uses may be modified by the neighborhood conservation plan.
d-4. Development and design standards may be created to enhance the district's identity and character.
Part 22. Section 295-84-0 of the code is created to read:
295-84. Review and Approval. Upon establishment of an overlay district by the common council, an applicant having a legal interest in the site or having the permission of the owner may submit a detailed development plan >>for "site work" as defined in s. 295-82<< to the city plan commission for consideration. The city plan commission, in accordance with the established performance standards and the criteria contained in s. 295-86, shall consider and approve, conditionally approve or deny the development plan within 60 days after the filing of the application. Failure of the commission to act within 60 days, except under circumstances as outlined in par. b, shall constitute approval of the proposed development plan as submitted. The commission shall notify the applicant, the commissioner of neighborhood services and the commissioner of city development in writing of its decision within 10 days of the decision. An approved or conditionally approved development plan is a grant of entitlement to property and as such is transferable from one owner or tenant to the next.
Part 23. Section 295-89 of the code is amended to read:
295-89. Building Permits. No building permit for a project requiring development plan approval shall be issued by the commissioner of city development until development plan approval has been granted or specified conditions have been met. >>Building permits may be issued for improvements not meeting the definition of "site work" in s. 295-82 if the improvements meet all applicable code requirements and the intent of the overlay district.<<
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
00098-4
JDO
3/29/00