139 - Requirements for Residential Dwellings - Delavan
Requirements for Residential Dwellings - City of Delavan
AN ORDINANCE TO AMEND THE CITY OF DELAVAN ZONING ORDINANCE TO ESTABLISH MINIMUM LIVING AREA REQUIREMENTS FOR RESIDENTIAL DWELLINGS
The City of Delavan, Walworth County, Wisconsin, does hereby ordain as follows:
SECTION 1. Section 23.410, Minimum Living Area Requirements is hereby created to read as follows:
Not withstanding anything contained herein to the contrary, in no case shall a residential dwelling constructed in the RE-5ac District, RS-2 District, RS-3 District, RS-5 District or RM-8 District have a total minimum floor area having less than the following square footage:
Single-Family Detached Dwelling - 1,200 sq. ft.
Duplexes - 1,000 sq. ft.
Townhouses - 900 sq. ft.
Apartment Units -Two-Bedroom-800 sq. ft.: One-Bedroom-700 sq. ft.; and Efficiericy-500 sq. ft.
This requirement shall not apply to substandard lots which are buildable within the meaning of section 23.408 of this code. This requirement shall not apply to residential dwellings constructed prior to the effective date of this ordinance, and such dwellings subsequently damaged or destroyed maybe repaired or rebuilt having its pre-existing minimum living area, as defined herein, but in no event shall it be repaired or rebuilt having a minimum living area less than its pre-existing square footage. For purposes of this minimum living area requirement, the phrase "living area" shall mean the total area located within the exterior walls of a residential dwelling measured at floor level, but shall not include basement areas, garages, porches, breeze ways, docks and unfinished attics. However, the phrase "living area" shall include each separate floor of a home, except as may be excluded herein.
SECTION 2: SEVERABILITY: In the event any section, clause, paragraph, or phrase of this ordinance is deemed to be wholly or partially unenforceable by a court of law in a competent Jurisdiction, the remaining sections of the ordinance shall remain in full force and effect.
SECTION 3: EFFECTIVE DATE: this ordinance shall be in full force and effect upon and from its passage, approval and publication as required by law.