Fiscal Note
No significant fisal impact is anticipated.
Title
ALTERNATE - Amending Secs. 28.03(2) and 28.12(12)(b)2. to add a definition of demolition and to reduce the notice period for proposed demolitions and creating Section 28.12(12)(d)2. of the Madison General Ordinances to add an exemption for demolition permits.
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DRAFTER'S ANALYSIS: This amendment adds a definition of demolition to the zoning code, adds an exemption for a demolition permit where a building is damaged by natural disaster, and provides for a reduction in the time for noticing persons registered with the Department of Planning and Community and Economic Development of proposed demolitions.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (2) entitled "Definitions" of Section 28.03 entitled "Rules and Definitions" of the Madison General Ordinances is amended by amending or adding therein the following:
"Demolition. Demolition is an act or process that removes, pulls down, tears down, razes, deconstructs or destroys an existing building wall facing a public street or, during any ten (10) year period, removes, pulls down, tears down, razes, deconstructs or destroys fifty percent (50%) or more of the area of the exterior walls of a building. This provision does not apply to the repair or replacement of windows, doors, or siding."
2. Paragraph 2. of Subdivision (d) entitled "Exemptions" of Subsection (12) entitled "Approval of Demolition (Razing, Wrecking) and Removal" of Section 28.12 entitled "Administration and Enforcement" of the Madison General Ordinances is created to read as follows:
"2. Demolition or removal permits may be issued without the approval required in Subdivision (c) above whenever the subject building is being demolished due to damage by fire or other natural disaster and reconstructed to its previous bulk condition."
3. Paragraph 2. of Subdivision (b) entitled "Application of Permit" of Subsection (12) entitled "Approval of Demolition (Razing, Wrecking) and Removal" of the Madison General Ordinances is amended to read as follows:
"2. Except for applications submitted pursuant to (d), below, at least thirty (30) days prior to submitting an application for a demolition or removal permit, the applicant shall notify the Alderperson of the district where the demolition or removal is proposed. The applicant also shall notify any neighborhood association registered within the City that serves the area where the demolition or removal is proposed, any business association that serves the area and is listed by the City, and any person registered with the Department of Planning and Community and Economic Development to receive notice of proposed demolitions or removals. The above notice shall be provided sixty (60) days prior to submitting an application for demolition or removal for buildings constructed prior to 1940. Notification shall be by mail, or electronic mail, with a copy to the Director of the Department of Planning and Community and Economic Development. Failure to provide such notification shall not invalidate any action on the application taken by the Plan Commission or Common Council but may delay consideration of the application. The notice requirement for all but the registered persons may be waived, if approved by the Alderperson, President of the Neighborhood Association, and Director of the Department of Planning and Community and Economic Development. For registered persons, the notice period may be reduced to fourteen (14) days, if approved by the Alderperson, President of the Neighborhood Association and Director of the Department of Planning and Community and Economic Development."