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File #: 39528    Version: 1 Name: Exempting single-family dwellings from the demolition process after fire or natural disaster
Type: Ordinance Status: Passed
File created: 7/29/2015 In control: PLAN COMMISSION
On agenda: 10/6/2015 Final action: 10/6/2015
Enactment date: 10/16/2015 Enactment #: ORD-15-00101
Title: Amending Section 28.185(6) of the Madison General Ordinances to exempt from the demolition approval process single-family dwellings destroyed by fire where the bulk and placement of the replacement building meets certain requirements.
Sponsors: PLAN COMMISSION
Attachments: 1. Zoning Text Memo 092115.pdf
Fiscal Note
No fiscal impact.
Title
Amending Section 28.185(6) of the Madison General Ordinances to exempt from the demolition approval process single-family dwellings destroyed by fire where the bulk and placement of the replacement building meets certain requirements.
Body
DRAFTER'S ANALYSIS: This amendment restores part of a provision from the old zoning code, and will allow a homeowner whose single-family home is destroyed by fire or natural disaster to demolish their home without going through the demolition approval process as long as the homeowner meets certain specific requirements relating to the size, location, and timing of the reconstruction of the replacement structure. This will ensure that homeowners impacted by fire or natural disaster will be able to demolish and reconstruct their home as it existed before the disaster without having to go through the entire demolition process.
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The Common Council of the City of Madison do hereby ordain as follows:
Subsection (6) entitled “Exemptions” of Section 28.185 entitled “Approval of Demolition (Razing, Wrecking) and Removal of the Madison General Ordinances is amended to read as follows:
“(6) Exemptions.
(a) Demolition or removal permits may be issued without the approval required in Subdivision (5) above whenever any one (1) of the following conditions is present, provided that: the subject building has not been used at any time as a single-family or multiple-family dwelling in whole or in part, is not a landmark, and is not located in an Historic District or Neighborhood Conservation District:
(a)1. The Director of the Building Inspection Division finds that the building proposed to be demolished or removed is structurally unsound, subject to an appeal as provided in Sec. 29.18, MGO. The applicant may support the request with the report of a licensed architect or engineer certifying and providing reasons that the...

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