HomeMy WebLinkAboutItem VPLAN COMMISSION STAFF REPORT MARCH 17, 2020
ITEM V: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE
GENERAL INFORMATION
Applicant: Department of Community Development
Actions Requested:
The City of Oshkosh Department of Community Development requests review and approval of
amendments to the Oshkosh Zoning Ordinance.
Applicable Ordinance Provisions:
Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own
motion or on petition after first submitting the proposal to the City Plan Commission, to amend,
supplement or change Zoning District boundaries or regulations of the Zoning Ordinance.
BACKGROUND INFORMATION
The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017.
Since the adoption of the ordinance, staff has noticed a number of code sections that should be
modified following further examination and discussion with the public and developers.
ANALYSIS
Staff proposes amendments to the following Zoning Ordinance code sections:
Section 30-61 (G) minimum front setback in Urban Industrial District (U1)
Reduce minimum front setback from 25 feet to 10 feet.
This change is intended to provide a more appropriate front setback for lots within UI districts as
the current 25 foot setback is often incompatible with established urban areas of the City.
Section 30-133 (C) regarding nonconforming structures
Replace "extended" and "extension" with "altered" and "alteration" under Blanket Conforming
Status.
This revision is intended to provide consistency with 30-133(F), which defines "alterations"
Section 30-160.5 (A) regarding Shoreland setbacks from the Ordinary High Water Mark
Amend Section (A)(2) so that setback greater than 50 feet cannot be required.
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This amendment is intended to provide consistency with state statute regarding setbacks from the
Ordinary High Water Mark, which does not allow for a setback requirement of greater than 50
feet.
Section 30-164 regarding a new overlay district: Parking Requirement Exemption Overlay District
(PRE-0)
Establish new Section (30-164) with subsections (A) through (D) along with Figures (a) through
(c).
This overlay district has been discussed at previous Plan Commission workshops. It is being
proposed to waive parking requirements for three established urban areas of the City. These
areas include properties where meeting commercial parking requirements may not be feasible
and sufficient on -street parking is provided.
Section 30-173 (B) regarding applicability of bicycle and pedestrian access standards
Amend Applicability Section to exempt storage land uses from the requirements.
Storage land uses are currently required to provide bicycle and pedestrian access. As the nature
of storage land uses is vehicle -dependent, staff is of the opinion that pedestrian and bicycle access
should not be required as it likely would not be utilized.
Section 30-174 (B) regarding applicability of visibility standards
Amend Applicability Section to include new and existing vegetation.
This amendment is intended to correct an oversight as vegetation is included in vision triangle
requirements, but currently is not included under applicability.
Section 30-175 (F) regarding parking requirement exemptions
Amend Section to include newly created Parking Requirement Exemption Overlay as exempt
from parking requirements. Also include in subsection (1).
This amendment is proposed to correspond with and provide consistency with the newly created
Parking Requirement Exemption Overlay.
Section 30-190 (E) regarding exterior lighting standards
Amend subsection (4) to provide maximum fixture mounting height for CBP district and provide
increased fixture mounting height not to exceed 25 feet.
As the result of an oversight when the Corporate Business Park District (CBP) was created, CBP is
being included with a 25' maximum fixture mounting height. We are also proposing to provide
allowance of a 3 foot height increase to accommodate light pole bases, as was discussed at a
previous Plan Commission workshop. The additional height is often requested as standard light
poles are often 20 feet in height which currently would not allow for a base. Staff is supportive of
the increase provided the overall height does not exceed 25 feet.
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Section 30-242 (A) regarding multi -family exterior design standards
Remove subsection (2) which prohibits standing seam metal roofs.
As of June 19, 2019, standing seam metal roofs are allowed for multi -family uses. This
amendment is to correct an oversight.
Section 30-253d regarding landscaping point requirements for regular development
Amend the table to provide point requirements for Corporate Business Park District (CBP).
The CBP district is currently not included in the table. This revision is to provide landscaping
point requirements for the CBP district.
Section 30-253e regarding required bufferyardpacity values
Amend the table to provide bufferyard opacity values for Corporate Business Park District (CBP).
The CBP district is currently not included in the table. This revision is to provide bufferyard
opacity values for the CBP district.
Staff feels that the proposed amendments to the Zoning Ordinance will solve some problems that
have been identified and ultimately strengthen the Code.
RECOMMENDATION
Staff recommends that the Plan Commission recommend approval of the proposed amendments
to the Oshkosh Zoning Ordinance.
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30-61
(G) Density, Intensity, and Bulk Regulations for the (UI) Urban Industrial District.
Requirement
Minimum Lot Area
10,000 square feet
Maximum Impervious Surface
Ratio
80 percent
Minimum Lot Width
80 feet
Minimum Lot Depth
100 feet
Minimum Lot Frontage at Right-
50 feet
of -Way
Minimum Front Setback
2510 feet
Minimum Street Side Setback (on
corner lots)
25 feet
Minimum Side Setback
10 feet
Minimum Rear Setback
25 feet
Maximum Principal Building
60 feet
Height
Minimum Principal Building
Separation
10 feet
Minimum Pavement Setback (lot
Meet minimum setbacks for principal
line to pavement; excludes
driveway entrances)
structures
Minimum Parking Required
See Article III
Minimum Garage Door Setback to
Alley (if applicable)
10 feet
Accessory Buildings:
Minimum Front Setback
60 feet and at least 5 feet behind the
principal structure
Minimum Side Setback
10 feet
Minimum Rear Setback
25 feet
Maximum Height
45 feet
30-133
(C) Blanket Conforming Status.
(1) Blanket conforming status for any and all requirements of this Chapter is
hereby automatically granted to any structure lawfully existing upon the
effective date of this Chapter. After said date, structures may not be enlarged,
expanded, or _tea altered without bringing the enlargement, expansion,
or extension alteration into compliance with the provisions of this Chapter, or
unless a variance is granted by the Zoning Board of Appeals under Section 30-
411.
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30-160.5
(A)(2) Adjustment of Shore Yards. A setback der less than 50 feet may
be required or allowed, if the following apply:
(a) The principal structure is constructed on a lot or parcel immediately
adjacent on each side by a lot or parcel containing a principal structure.
(b) The principal structure must be constructed a distance greater than or equal
to the average setback of the principal buildings on the adjacent lots,
however:
(i) In no case shall the setback be reduced to a distance less than 35 feet
from the ordinary high-water mark.
75 feet from the ordinary high water- mark.
7.
SETBACK
NO LESS T+IAN 35 ev
BHORELINEr
ORDMARx FIGS
WMTIER MARK
30-164
Section 30-164: (PRE-0) Parking Requirement Exemption Overlay District
(A) Purpose. The purpose of this overlay district is to accommodate smaller sites within the
City of Oshkosh's Central City areas that would otherwise be unable to provide required off-street
parking hampering new development or reuse of existing structures.
(B) Within the Parking Requirement Exemption Overlay District (PRE-O), the parking
requirements of this Chapter are hereby waived for nonresidential uses. However, when off-street
parking facilities are provided, such facilities shall meet the requirements of this Chapter, expect in
respect to the number of required spaces.
(C) Mixed-use/upper floor residential uses need only provide evidence of the availability of
off-street public or private parking in the amount of 1 parking space per dwelling unit within 1,000
feet of the unit.
(D) See Figures 30-164a through 30-164c for locations of the Parking Requirement Exemption
Overlay District.
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30-173
(B) Applicability. The requirements of this Section shall apply to all new development
or redevelopment. Storage land uses are exempt from the requirements of this
Section.
30-174
(B) Applicability. The requirements of this Section shall apply to all new development
or redevelopment- and new and existing vegetation.
30-175
(F) Parking Requirement Exceptions in the Central Mixed Use District- and Parking
Requirement Exemption Overlay District.
(1) Within the CMU district and Parking Requirement Exemption Overlay District,
the parking requirements of this Chapter are hereby waived. However, when
off-street parking facilities are provided, such facilities shall meet the
requirements of this Chapter, except in respect to the required number of
spaces. Residential uses need only provide evidence of the availability of off-
street public or private parking in the amount of 1 parking space per dwelling
unit within 1,000 feet of the unit.
30-190 (E)(4)(d)
(iii) 25 feet in the CBP, BP, UI, and HI zoning districts
(iv) Light fixture mounting height may be increased by up to 3 feet over the maximum
fixture mounting height to accommodate a light pole base, provided the overall
height does not exceed 25 feet.
30-242 (A)
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Figure 30-253d
City of Oshkosh Zoning Ordinance Municipal C43de
Muni -Family lies_ (Mli-
B41
541
] I k I
21)
ifs)
Mobile Hame Res. (MH-4)
40
941
IN
20
Institutional (1)
441
54I
11XI
20
Neighb_ Mixed Use (NMU)
$,I
Ni
IIKI
20
Suburban Mixed Use {SMU)
40
541
IN
20
Urban Mixed Use (UMU)
441
441
1'{I
111
Central Mixed Use
I
5S1
Ib
(CMU,I
Riverfront Mixed Use
(RMU)
*,I
54l
ll?8M
211
C'urporate Business Park
441
50
1iltl
3L1
(CBP)
Business Park (Big)
441
N1
100
21)
Urban Industrial (UT)
241
X)
30
111
Heavy industrial (HI)
241
34)
30
16
' Wite: Single family dwell ing uniu. two Family dwelling units, and agricultural S and uses are exempt from
landscaping requirements.
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Figure 30-253e
IFieure 30-253e. Reauired Buffervard ODadty ValUes
.pE is :he required "tpaci tv value
mire this Figure In F-igum 311-?-531
and sclera thu most appropriate
tpuk'f myard t+ptinn- Note that curtain
[and tiles, cunditiona3 uws, and
pl.aruwa duvolopmunt pro" may
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rr riirumentm
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Single Family Residential-5 (SR-S)
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Single Familyliesidenxial-3 {SR-9)
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Two Flat Residential {TR-10)
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lnstituti®nal
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'For properties zoned RH-35, base buFfervard requirernents on the prnF nsed r-nning, district for said prnperh' as depicted
on the Future Land Use Map in the City of Oshkosh Coo preheni�ive flan.
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Sections 30-14165 to 30-169: Reserved
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