20.3.W Dwelling, Established Multi-Family and Dwelling, Established Two-Family

1.  An established two family or multi-family use must meet the following requirements, as confirmed by Safety and Permits:

a.  The structure must have a documented legal history of two units for a two family dwelling or 4 or fewer units for a multi-family dwelling, as confirmed by Safety and Permits, where documented legal history is determined based on evidence of dwelling units which currently exist but may not be operating on a given property; OR

b.  The structure has a documented legal history of multi-family residential use providing more than 4 units, but reduces the number of dwelling units to 4 or fewer, where documented legal history is based on dwelling units which currently exist but may not be operating on a given property; OR

c.  The established multi-family structure with any number of units is within a zoning district where the Established Multi-Family use chart lists the use only as "P" - a permitted use; OR

d.  Legal, nonconforming status has been confirmed by the Department of Safety & Permits.

2.  The decision to authorize an established two- or multi-family dwelling that does not meet any of the conditions in Section 20.3.W.1 shall be granted or denied based on the following considerations:

a.  The extent to which the physical character of the structure is indicative of a legal history of two- or multi-family residential use, respectively.

b.  The documentation of a legal history of two- or multi-family residential use, respectively.

3.  A property with a documented legal history of 2 primary, detached single family dwellings shall be considered an established two-family dwelling, and a property with a documented legal history of more than one primary structure, containing 3 or more total units of all structures combined, shall be considered an established multi-family dwelling.

4.  The structure may not expand beyond the existing building footprint, nor increase the total floor area unless approved via a conditional use process.  Structures with a proposed increase in building footprint must comply with the yard requirements according to the standards applied to the authorized residential use permitting the greatest number of dwelling units in its respective zoning district. (i.e. Established Multi-Family Dwelling shall be subject to the Two-Family Dwelling yard requirement).

5.  No additional conversions are permitted to the structure that would increase the number of dwelling units from that which historically existed.

6.  For established two-family dwellings in the Lake Area Districts, such two-family dwellings are subject to the nonconformity requirements of Section 25.3.G.9 for existing two-family dwellings in the Lake Area Districts.

7.  The Department of Safety and Permits shall make public all determinations regarding established multi-family and two-family dwellings within five (5) days of final determination.

Modified by Dec. 7, 2016, Zoning Docket 085-16, Ord. 27,205 MCS, §2; Ord. 28479 MCS, 9-3-20, ZD 42/20; Ord. 28622, 3-11-21, ZD 83/20