Ordinance 2007-21===City of Evansville--passed last night---mark up version

Ed.note: This ordinance passed last night has not been put on the city web site yet, but was sent compliments of Dan Wietecha, City Administrator.)


FIRST SECOND READING

CITY OF EVANSVILLE
ORDINANCE 2007-21

Relative to Dimensional Standards in Residential District One (R-1),
Residential District Two (R-2), Residential District Three (R-3),
Large Lot Urban Residential Districts (LL-R12 and LL-R15),
and Rural Residential District (RR)

The Common Council of the City of Evansville, Rock County, Wisconsin, does hereby ordain as following additions and amendments to the Municipal Code:

Section 1. Definition. Add the following term and definition to Section 130-6 to read:

Sec. 130-6. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Above-grade floor area means the total floor area within the exterior walls and at or above grade level of a building which is habitable as living quarters. Above-grade floor area may be comprised of the floor area of one or more floors. If a floor is partially above the grade level, the floor is counted as above-grade if it has direct doorway access to the outdoors and is habitable as living quarters.

Section 2. Residential District One (R-1). Add Paragraph 12 to Section 130-983 to read as follows:

Sec. 130-983. Uses permitted as conditional use.
The following conditional uses shall be allowed in the R-1 district only after issuance of a conditional use permit as prescribed by article II, division 4 of this chapter:
(12) Single-family dwelling units with an above-grade floor area of at least 900 and less than 1,200 square feet.

Amend Paragraph 11 of Section 130-984 to read as follows:

Sec. 130-984. Requirements for all uses.
Within the R-1 district, the following standards shall apply:
(11) Minimum first above-grade floor area for single-family dwelling: 900 1,200 square feet.

Section 3. Residential District Two (R-2). Add Paragraph 10 to Section 130-1003 to read as follows:

Sec. 130-1003. Uses permitted as conditional use.
The following conditional uses shall be allowed in the R-2 district only after issueance of a conditional use permit as prescribed in Article II, Division 4, of this chapter:
Single-family dwelling units with an above-grade floor area of at least 900 and less than 1,200 square feet.

Add Paragraph 15 to Section 130-1004 to read as follows:

Sec. 130-1004. Requirements for all uses.
Within the R-2 district, the following standards shall apply:
Minimum above-grade floor area for single-family dwelling: 1,200 square feet.

Section 4. Residential District Three (R-3). Add Paragraph 11 to Section 130-1023 to read as follows:

Sec. 130-1023. Uses permitted as conditional use.
The following conditional uses shall be allowed in the R-3 district only after issuance of a conditional use permit as prescribed in Article II, Division 4, of this chapter:
Single-family dwelling units with an above-grade floor area of at least 900 and less than 1,200 square feet.

Add Paragraph 13 to Section 130-1024 to read as follows:

Sec. 130-1024. Requirements for all uses.
Within the R-3 district, the following standards shall apply:
Minimum above-grade floor area for single-family dwelling: 1,200 square feet.

Section 35. Large Lot Urban Residential District (LL-R12). Amend Paragraph 1 of Section 130-942 to read as follows:

Sec. 130-942. Uses permitted by right.
The following uses are permitted uses in the LL-R12 district:
(1) One single-family dwelling unit with a minimum total above-grade floor area on the first floor and above of 1,3001,200 square feet; one or more private garages. The total area of any attached garages shall not exceed the area of the foundation of the dwelling. The total area of any detached garages shall not exceed the area of the foundation of the dwelling. In addition, the total area of the private garage(s) shall not exceed 11 percent of the total area of the lot.

Amend Paragraph 4 of Section 130-942 to read as follows:

Sec. 130-943. Uses permitted as conditional use.
The following conditional uses shall be allowed in the LL-R12 district only after issuance of a conditional use permit as prescribed by article II, division 4 of this chapter:
(4) One single-family dwelling unit with aan total above-grade floor area on the first floor and above of at least 900 and less than 1,3001,200 square feet.

Amend Paragraph 11 of Section 130-944 to read as follows:

Sec. 130-944. Requirements for all uses.
Within the LL-R12 district, the following standards shall apply:
(11) Minimum first above-grade floor area: 1,0001,200 square feet.

Section 46. Large Lot Urban Residential District (LL-R15). Amend Paragraph 1 of Section 130-962 to read as follows:

Sec. 130-962. Uses permitted by right.
The following uses are permitted uses in the LL-R15 district:
(1) One single-family dwelling unit with a minimum total above-grade floor area on the first floor and above of 1,4501,200 square feet. One or more private garages. The total area of any attached garages shall not exceed the area of the foundation of the dwelling. The total area of any detached garages shall not exceed the area of the foundation of the dwelling. In addition, the total area of the private garage(s) shall not exceed 11 percent of the total area of the lot.

Amend Paragraph 4 of Section 130-963 to read as follows:

Sec. 130-963. Uses permitted as conditional use.
The following conditional uses shall be allowed in the LL-R15 district only after issuance of a conditional use permit as prescribed by article II, division 4 of this chapter:
(4) One single-family dwelling unit with a an total above-grade floor area on the first floor and above of at least 900 and less than 1,4501,200 square feet.

Amend Paragraph 11 of Section 130-964 to read as follows:

Sec. 130-964. Requirements for all uses.
Within the LL-R15 district, the following standards shall apply:
(11) Minimum first above-grade floor area: 1,2501,200 square feet.

Section 57. Rural Residential District (RR). Add Paragraph 9 to Section 130-923 to read as follows:

Sec. 130-923. Uses permitted as conditional use.
The following conditional uses shall be allowed in the RR district only after issuance of a conditional use permit as prescribed by article II, division 4 of this chapter:
(9) Single-family dwelling units with an above-grade floor area of at least 900 and less than 1,200 square feet.

Amend Paragraph 10 of Section 130-924 to read as follows:

Sec. 130-924. Requirements for all uses.
Within the RR district, the following standards shall apply:
(10) Minimum above-grade floor area per family: 900 1,200 square feet.

This Ordinance shall be in full force and effect January 1, 2008upon passage and publication.

Passed and adopted this ____ day of ___________, 20072008.


___________________________________
Sandra J. Decker, Mayor


___________________________________
Judy L. Walton, City Clerk


Introduced: 11/13/07
Notices published: 12/12/07 and 12/19/07
Public hearing held: 1/3/08
Adoption:
Publication:

Sponsors: Alderpersons Roberts and Wyse.

First Reading drafted by Dan Wietecha, City Administrator, 11/12/07.
Second Reading drafted by Dan Wietecha, City Administrator, 1/10/08.