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HomeMy WebLinkAbout20. 20-409SEPTEMBER 22, 2020 20-409 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE INITIATED BY: COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE WHEREAS, City Administration submitted a general ordinance 20-408 AMEND ORDINANCES PERTAINING TO THE BOARD OF APPEALS on September 22, 2020. WHEREAS, there is need to amend additional sections of the Chapter 30 Zoning Ordinance. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-22(A) (5)-(6) is hereby amended to include a separation requirement from the principal building to attached and detached accessory structures. SECTION 2. That Section 30-86(A) (2) is hereby amended to clarify that detached and attached accessory buildings contribute toward maximum total accessory building area. SECTION 3. That Section 30-172(B) "Applicability" is hereby repealed from Vehicle Access Standards and paragraphs (C) through (0) to (B) through (N) are renumbered respectfully. SEPTEMBER 22, 2020 20-409 ORDINANCE FIRST READING CONTD SECTION 4. That Section 30-173(B) "Applicability" is hereby repealed from Bicycle and Pedestrian Access Standards and paragraphs (C) through (E) to (B) through (D) are renumbered respectfully. SECTION 5. That Section 30-175(B) "Applicability" is hereby repealed from Off - Street Parking and Traffic Circulation and paragraphs (C) through (V) to (B) through (U) are renumbered respectfully. SECTION 6. That Section 30-191(B) "Applicability" is hereby repealed from Exterior Storage and Screening Standards and paragraphs (C) through (F) to (B) through (E) are renumbered respectfully. SECTION 7. That Section 30-221(A) is hereby amended to apply regulations for vacant buildings to all buildings. SECTION 8. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance 20-409 AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE on October 13, 2020. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236- 5011. TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: September 17, 2020 RE: Amend Various Sections of Chapter 30 Zoning Ordinance (Plan Commission Recommends Approval) BACKGROUND 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 is proposing amendments to the zoning ordinance to provide consistency and further clarity on regulations for accessory structures. Also, sections within the Performance Standards article of the Zoning Ordinance are being amended to remove "Applicability" provisions to clarify that the performance standards apply to all properties and uses. Staff is also proposing to repeal and replace sections of the ordinance regarding the Board of Appeals to bring the ordinance into compliance with current state statutes and case law. It was never the intent of the City to create separate applicability provisions for performance standards. As a result, the City Attorney's Office is recommending we repeal these applicability provisions to clarify that the performance standards apply to all properties and uses in the City of Oshkosh. The proposed amendments will clarify the ordinances and provide consistent terminology and bring the ordinances into compliance with state statutes. RECOMMENDATION The Plan Commission recommended approval of zoning text amendments at its September 15, 2020 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Mark Lyons Planning Services Manager Approved: MA. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh,wi.us ITEM: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE Plan Commission meeting of September 15, 2020. 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. ANALYSIS Staff proposes amendments to the following Zoning Ordinance code sections: Section 30-22 (A)regarding definitions for accessory structures Amend Section (A)(5) to include structures located less than 5 feet from the principal building under attached accessory structure definition. Amend Section (A)(6) to include structures located 5 feet or more from principal building under detached accessory structure definition. This change is intended to provide consistency with 30-72(K)(1) which requires separation from principal structures for accessory uses. This will provide clarity to determine setback and area requirements for accessory structures. Section 30-86 (A)regarding residential accessory structures Amend Section (A)(2) to include detached and accessory structures for total combined area. This revision is intended to clarify that both detached and attached residential accessory structures contribute toward the maximum permitted area of a lot. Section 30-172 regarding vehicular access standards Remove Section (B) Applicability and renumber the Section. Chapter 30 contains a broad applicability ordinance in 30-10, which confirms that Chapter 30 applies to all properties, all development activity, and all uses of land and property within the City of Oshkosh. When the new zoning code was put in place in 2017, the zoning code was drafted with performance standards that contained their own specific and separate applicability provisions. It was never the intent of the City to create separate applicability provisions for performance standards. As a result, the City attorneys office is recommending we repeal these applicability provisions to clarify that the performance standards apply to all properties and uses in the City of Oshkosh. Section 30-173 regarding bicycle and pedestrian access standards Remove Section (B) Applicability and renumber the Section. The applicability provision is being repealed to clarify that these performance standards apply to all properties and uses in the City of Oshkosh. Section 30-174 regarding visibility standards Remove Section (B) Applicability and renumber the Section. The applicability provision is being repealed to clarify that these performance standards apply to all properties and uses in the City of Oshkosh. Section 30-175 regarding off-street parking and traffic circulation Remove Section (B) Applicability and renumber the Section. The applicability provision is being repealed to clarify that these performance standards apply to all properties and uses in the City of Oshkosh. Section 30-191 regarding exterior storage and screening standards Remove Section (B) Applicability and renumber the Section. The applicability provision is being repealed to clarify that these performance standards apply to all properties and uses in the City of Oshkosh. Section 30-221 regarding regulations for vacant buildings Amend Section (A) to remove "as of the effective date of this Chapter'. This provision is being amended to clarify that these performance standards apply to all properties and uses in the City of Oshkosh. Section 30-344 regarding Board of Appeals organization and powers Repeal and recreate Section. Staff is proposing to repeal and replace zoning ordinance Sections (30-344, 30-410, 30-441, 30-412) regarding the Board of Appeals to provide consistent terminology and bring the ordinance into compliance with current state statutes and case law. Item- Text Amendments -Zoning Ordinance Section 30-410 regarding Board of Appeals interpretations as a112eals of zoning interpretations Repeal and recreate Section. Section 30-441 regarding Board of Appeals variances as Board of Appeals interpretations Repeal and recreate Section. Section 30-412 regarding a112eals of zoning interpretations as Board of Appeals Variances Repeal and recreate Section. Section 30-706 regarding Extraterritorial Board of Appeals Hold Section in reserve. 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. The Plan Commission approved of the proposed amendments to the Oshkosh Zoning Ordinance as requested. The following is the Plan Commission's discussion on this item. Site Inspections Report: N/A. Staff report accepted as part of the record. The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Mr. Slusarek presented the item. 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. Staff is proposing amendments to the zoning ordinance to provide consistency and further clarity on regulations for accessory structures. Also, sections within the Performance Standards article of the Zoning Ordinance are being amended to remove "Applicability" provisions to clarify that the performance standards apply to all properties and uses. Staff is also proposing to repeal and replace sections of the ordinance regarding the Board of Appeals to bring the ordinance into compliance with current state statutes and case law. He said staff recommends that the Plan Commission recommend approval of the proposed amendments to the Oshkosh Zoning Ordinance. Mr. Lyons explained further that all the amendments are stemming from discussions with the City Attorney's office. He said one of the things they did this year was go through all of the City ordinances and do a review against state statutes and case law. He said after the review, the Item- Text Amendments -Zoning Ordinance City's Attorney's office found items that needed to be updated to match the language in the state statues or case law. Ms. Propp opened technical questions to staff. Ms. Propp inquired about the amendments to the Board of Appeals and asked if it made it more restrictive. Mr. Lyons replied it does not. He explained the amendments are related to aligning the ordinance language with the state statutes and case law language. Ms. Propp opened up the public hearing. There were no public comments on this item. Ms. Propp closed the public hearing. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. Item- Text Amendments -Zoning Ordinance 30-22 30-86 (A)(5) Accessory structure, attached: An accessory structure which is physically connected to the principal building or located less than 5 feet from the principal building. Attached accessory structures shall be considered part of the principal structure and are subject to the setback standards for principal structures. (6) Accessory structure, detached: An accessory structure which is not physically connected to the principal building and is located 5 feet or more from the principal building. A minor attachment does not render an accessory structure attached. Examples of minor attachments include, but are not limited to, decks 18 inches or less above grade, arbors and fences, and similar open unclosed structures such as breezeways over the pedestrian pathway between structures and no wider than 5 feet. (A)(2) A combined total of 1,200 square feet of gross floor area of all accessory structures on the property is permitted by right. For lots larger than one acre, the maximum permitted combined total of gross floor area of all accessory structures on the property shall be increased by one square foot for every 100 square feet of lot area over one acre. In no instance shall the accessory structure area exceed the ground floor area of the principal building used for residence. An individual detached accessory structure shall not exceed 800 square feet of gross floor area. The measurement of accessory structure size shall include the total of all detached of and attached accessory buildings on the lot except as conditional uses. 30-172: Vehicular Access Standards (B) Review and Approval. Through the site plan review process (see Section 30-385), the Director of Community Development, or designee, shall review and approve all proposed driveways and other access points on the subject property. (C) Access Limitation by Use. Single family and two family dwelling units shall not have driveways or other access points onto a collector or arterial street that is not primarily residential unless such street has the only available frontage. Nonresidential and multi- family uses shall not have driveways or other access points onto a residential local street unless such street has the only available frontage. (D) Number of Access Points. Refer to Chapter 25 of the City of Oshkosh Municipal Code. (E) Access near Street Intersections. Refer to Chapter 25 of the City of Oshkosh Municipal Code. Item IV- TeztAmendments-Zoning Ordinance 4 (F) Distance between Driveways and Other Access Points. Refer to Chapter 25 of the City of Oshkosh Municipal Code. (G) Angle of Intersection with Public Right -of -Way. All driveways and other access points shall intersect with any public right-of-way at an angle of not less than 75 degrees, and shall intersect at an angle of 90 degrees wherever possible. (H) Visibility Standards. All driveways and other access points shall comply with the visibility standards of Section 30-174. (I) Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner that avoids congestion on public streets and other safety hazards. (J) Depiction on Required Site Plan. Any and all proposed driveways and other access points on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (K) Surfacing. (L) Nonconforming Driveways. (M) Design of Single and Two Family Residential Driveways. (N) Design of Multi -Family Residential, Institutional, Commercial, and Industrial Use Driveways. 30-173: Bicycle and Pedestrian Access Standards r e tsof isSec-tion. [Revised 4 28 2nl (B) Quantity. One pedestrian and bicycle access is required to at least one street frontage. (C) Off -Site Connections. Pedestrian and bicycle access shall include appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods. (D) On -Site Connections. The entire development shall provide walkways for full and safe pedestrian and bicycle access within the development. 30-174: Visibility Standards (14) - . -- - -- -- -= -- --- Sec-tion =- - - - all new - --- -- r-edevelopment and new and existing vegetation. [Revised 4.28.204 (B) Review and Approval. Through the site plan review process (see Section 30-385), the Director of Community Development, or designee, shall review and approve all development for conformance with this Section. Item IV- Text Amendments -Zoning Ordinance (C) Vision Triangle at Public Streets. A vision triangle extending 20 feet from all public street right-of-way intersections shall be maintained for local street intersections and 30 feet when the intersection includes collector or arterial streets. If the street intersection is curved, the vision triangle distance shall be maintained as if the right- of -way where extended to create a 90 degree corner. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 1/2 feet and 8 feet with the exception of fencing, which shall be no greater than 30% opaque. Development in the CMU district and development located on streets with signalized intersections shall be exempt from this requirement. (D) Vision Triangle at Alleys and Driveways. A vision triangle extending 10 feet from alleys and driveways shall be maintained. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 21/z feet and 8 feet. Development in the CMU district shall be exempt from this requirement. 30-175: Off -Street Parking and Traffic Circulation (B) Review and Approval. Through the site plan review process (see Section 30-385), the Director of Community Development, or designee, shall review and approve all development for conformance with this Section. (C) Depiction on Required Site Plan. (D) Minimum Number of Required Off -Street Parking Spaces. (E) Parking Requirement Exceptions in the Central Mixed Use District and Parking Requirement Exemption Overlay District. [Revised 4.28.20] (F) Limit on the Number of Off -Street Parking Spaces Provided. No site plan may be approved for a multi -family or nonresidential use which contains more than 125 percent of the development's minimum number of required parking spaces, except as granted through a conditional use permit. (See Figure 30-175a for a summary of the minimum and maximum parking requirements by land use.) Consideration of the following factors shall be given in considering a conditional use permit request: (G) Parking Studies. The Director of Community Development, or designee, has the ability to require a parking study to determine parking requirements. Where a parking study is required, the study shall contain information on the anticipated number of employees, customers, visitors, clients, shifts, events, or deliveries to the use, and may refer to other studies or similar situations elsewhere. (H) Screening Requirements. The following requirements shall apply to all uncovered parking areas except as otherwise provided for by this Section: (I) Locational Prohibitions for Off -Street Parking Areas. (J) Setbacks. (K) Parking Space Design for Single and Two Family Uses. (L) Parking Space Design for Single and Two Family Uses on Small Lots. Parking for Item IV- Text Amendments -Zoning Ordinance 6 single and two family parcels less than 60 feet wide or less than 100 feet deep are regulated as follows: (M) Off -Street Parking and Traffic Circulation Standards for Multi -Family and Nonresidential Uses. (N) Parking Space Design Standards. Other than handicapped parking, permitted parking in residential driveways, and where otherwise regulated in this Section, each off-street parking space shall comply with the minimum requirements of Figure 30-175f. All parking spaces shall have a minimum vertical clearance of at least 7 feet. (0) Partial or Phased Development of Required Parking Spaces. (P) Joint Off -Site Parking Facilities. (Q) Bicycle Parking Standards. (R) Surfacing. (S) Installation and Maintenance. (T) Limitations on Uses of All Off -Street Parking Areas. (U) Limitations on Uses of Residential Off -Street Parking Areas. In residential districts and on lots associated with residential uses, accessory off-street parking facilities shall be solely for the parking of passenger vehicles, which shall be regulated as follows: 30-191: Exterior Storage and Screening Standards (B) Review and Approval. (C) Requirements for Exterior Storage. (D) Exterior Storage of Refuse. (E) Mechanical Equipment and On -Site Utilities. 30-221: Regulations for Vacant Buildings (A) This Section shall apply to all buildings as of toe ffeetive Elate f t4is G4aj9te Item IV - Text Amendments -Zoning Ordinance