City of Milwaukee - File #: 060585

• File #: 060585
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 9/6/2006
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• 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

Date	Ver.	Action By	Action	Result	Tally
1/3/2007	0	CITY CLERK	PUBLISHED
12/18/2006	0	MAYOR	SIGNED
12/12/2006	0	COMMON COUNCIL	PASSED	Pass	14:0
11/28/2006	0	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.	Pass	4:0
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/3/2006	0	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.
9/7/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/7/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/6/2006	0	COMMON COUNCIL	ASSIGNED TO

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 reconstru...