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HomeMy WebLinkAboutBoard of Zoning Appeals (variance) - 04/16/2010 City of Oshkosh Municipal Codes Revisions thru8 /31/09 units with a single exit to continue to exist unless an addition is built to the second floor, then the second exit would have to be provided. (b) COMM 21.03(3) shall not apply to alterations in dwellings which do not already conform with this section. (Refers to number of exits required above the second floor.) The intent of this section is to allow existing habitable floor levels above the second floor with a single exit to continue to exist unless an addition is built to the third floor or the area of the habitable floor is expanded, then the required second exit would need to be provided to comply with the present day code. (c) COMM 21.03(6) shall not apply to alterations to non - conforming windows existing prior to June 1, 1980. (Specifies minimum egress window size) but shall apply to windows in basement bedrooms. In no case shall remodeling or alterations be performed that increases the non - conformance with the present code. It is the intent of this section to allow second floor windows that do not meet the present egress requirements to be replaced with the same size windows. The practice of installing replacement windows within existing window frames must take this section into account to avoid increasing the non - conformance or converting a compliant window into a non - compliant window. Windows in an addition need to comply with the present day code. (d) COMM 21.03(7) shall not apply to alterations /remodeling where the rough opening of non - conforming doors existing prior to June 1, 1980 are not being altered /affected by such alterations /remodeling or where existing ceiling heights do not permit the installation of minimum height doors. (Specifies minimum door sizes.) It is the intent of this section to require doors being reframed or relocated to comply with the present day code. (e) COMM 21.03(8) and (9) shall not apply to alterations /remodeling to non - conforming hallways or passageways existing prior to June 1, 1980, where the width is not being altered. (Specifies minimum widths.) It is the intent of this section to require halls and passageways that are being reframed or relocated to comply wit the present day code. (f) COMM 21.04(3) (Stairway Requirements) shall apply to new and existing stairs which already comply with this code section. Stairways in existence prior to June 1, 1980, serving existing habitable living space and basements may be rebuil within the same stairwell opening provided compliance with the following is provided: fl ias shalt tii remt deled stair t' a less cQ np- 1ta f i ,Rre: XIstir 'jtipas. 2. The dimension of the riser shall not exceed the dimension of the tread. 3. The maximum dimension of a riser shall not exceed 9 inches. 4. A minimum of 6 feet of headroom shall be provided. 5. The minimum width shall not be less than 30 inches. 6. The treads and risers shall not vary in uniformity by more than 3/16 of an inch for the entire length of a stairway. 7. No flight of stairs shall exceed 12 feet in height unless landings are provided. 8. Stairs in qualifying Historic Buildings as defined in the Oshkosh Municipal Code Zoning Ordinance may repaired /replaced to match the original stairs. 9. It is the intent of this section to establish minimum standards for existing sta.. rv�ng_ hab s eas a v aaserrierits: so" they.: may-b remodeled` with© ; tgnifoant°structural alterations. It is not the intent to allow existing steep stairs accessing attics or basements to remain as the required exit when converting an attic or basement into habitable living space. (g) COMM 21.06 (specifies minimum ceiling heights) shall not apply to living spaces in existence prior to June 1, 1980 that do not already comply with this section. Homes built prior to June 1, 1980 may create additional living space in basements with ceiling heights Tess than 7 feet, but not less than 6 %2 feet if the following conditions are met: 1. Rooms of the same use being created must be provided with 7 foot minimum ceiling height elsewhere in the dwelling. City of Oshkosh Chapter 7— Page 12 Municipal Codes SUBMITTED BY APPLICANT 8