HomeMy WebLinkAboutItem III
PLAN COMMISSION STAFF REPORT FEBRUARY 16, 2021
ITEM III: 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. The ordinance currently does not include provisions for “Transitional Residential
Housing”. Concerns regarding this type of land use have been brought to the attention of both
City staff and Common Council and were discussed at several Common Council meetings. As
a result, staff is recommending the following amendments to the Zoning Ordinance to include
provisions for a Transitional Residential Housing land use.
ANALYSIS
Staff proposes amendments to the following Zoning Ordinance code sections:
Section 30-22(A)(175) regarding Transitional Residential Housing definition
Create Section (A)(175) to add Transitional Residential Housing in list of zoning ordinance
definitions. Renumber definitions (175) – (192).
This change is to provide a definition for the new land use of Transitional Residential Housing.
Section 30-42 (C) regarding conditional uses in the Multi-family Residential – 12 District (MR-
12)
Amend Section (C) to include Transitional Residential Housing as a conditional use.
This amendment is to include Transitional Residential Housing as a conditional use within the
MR-12 district.
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Item III - Text Amendments-Zoning Ordinance 2
Section 30-43 (C) regarding conditional uses in the Multi-family Residential – 20 District (MR-
20)
Amend Section (C) to include Transitional Residential Housing as a conditional use.
This amendment is to include Transitional Residential Housing as a conditional use within the
MR-20 district.
Section 30-44 (C) regarding conditional uses in the Multi-family Residential – 36 District (MR-
36)
Amend Section (C) to include Transitional Residential Housing as a conditional use.
This amendment is to include Transitional Residential Housing as a conditional use within the
MR-36 district.
Section 30-50 (C) regarding conditional uses in the Institutional District (I)
Amend Section (C) to include Transitional Residential Housing as a conditional use.
This amendment is to include Transitional Residential Housing as a conditional use within the
Institutional district.
Section 30-51(C) regarding conditional uses in the Neighborhood Mixed Use District (NMU)
Amend Section (C) to include Transitional Residential Housing as a conditional use.
This amendment is to include Transitional Residential Housing as a conditional use within the
NMU district.
Section 30-54 (C) regarding conditional uses in the Central Mixed Use District (CMU)
Amend Section (C) to include Transitional Residential Housing as a conditional use.
This amendment is to include Transitional Residential Housing as a conditional use in the CMU
district.
Section 30-74 regarding Table of Land Uses
Amend table to include Transitional Residential Housing as a conditional use in MR-12, MR-20,
MR-36, I, NMU, and CMU Districts.
This amendment is to update the land use table to provide for consistency with the conditional
uses (Transitional Residential Housing) that have been added to the aforementioned zoning
districts.
Section 30-75 (N) regarding Transitional Residential Housing land use
Create Section (N) for Transitional Residential Housing land use description/definition.
This section is being added to include the new land use of Transitional Residential Housing as a
residential land use. This section also defines Transitional Residential Housing.
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Section 30-77 (J) regarding Institutional Residential land use
Amend Section (J) to include Transitional Residential Housing with more than 8 persons under
definition/description of Institutional Residential land use.
This amendment is to clarify that Transitional Residential Housing with more than 8 persons is
considered an Institutional Residential use.
Figure 30-175a regarding required number of off-street parking spaces
Amend Figure to include required number of parking spaces for Transitional Residential
Housing land use.
This amendment is to provide a minimum parking requirement for the Transitional Residential
Housing land use.
Staff feels that the proposed amendments to the Zoning Ordinance will resolve identified land
use concerns and ultimately strengthen the Code.
RECOMMENDATION
Staff recommends that the Plan Commission recommend approval of the proposed
amendments to the Oshkosh Zoning Ordinance.
30-22(A): Definitions
(175) Transitional Residential Housing: A premises other than community living
arrangement or community based residential facility providing housing and
appropriate supportive services for the temporary placement of persons on parole,
extended supervision, or probation in a controlled environment, including
supervision or monitoring to help participants transition to self-sufficient living
arrangements. The housing is short-term, typically less than 24 months. A Transitional
Residential Housing premises with more than 8 persons shall be considered and
subject to the requirements of an Institutional Residential Use as defined under this
Code.
(176) Transom: A horizontal bar of stone, wood or glass across the opening of a door or
window.
(177) Two family residential: A building designed for two separate dwelling units in
which one dwelling unit may have a roof, wall, or floor in common with another
dwelling unit. For the purposes of this Chapter, Duplex, Twin House, and Two
Flat dwellings are considered to be two family residential. A single family
dwelling with an attached accessory dwelling unit is not a two family dwelling.
(178) Unnecessary hardship: The circumstance where special conditions affecting a
particular property, which were not self-created, have made strict conformity with
restrictions governing areas, setbacks, frontage, height, or density unnecessarily
burdensome or unreasonable in light of the purposes of the ordinance.
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(179) Use: The purpose for which land or a building or structure is arranged, designed,
or intended, or for which it is, or may be, occupied or maintained.
(180) Variance: A relaxation of the terms of this Chapter where such variance will not
be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal enforcement of
the Chapter would result in unnecessary and undue hardship.
(181) Vision triangle: See Section 30-174(D).
(182) Waterfront setback: The shortest distance between the exterior of a building or
structure and the nearest point on the Ordinary High Water Mark, excluding
permitted projections per Section 30-114.
(183) Wetland: An area that is saturated by surface water or groundwater, with
vegetation adapted for life under those soil conditions. See also Section 23.32(1),
Wis. Stats.
(184) Wharf: Any structure in navigable waters extending along the shore and generally
connected with the uplands throughout its length, built or maintained for the
purpose of providing a berth for watercraft or for loading or unloading cargo or
passengers onto or from watercraft. Such a structure may include a boat hoist or
boat lift, and the hoist or lift may be permanent or may be removed seasonally.
(185) Woodland: Areas of trees whose combined canopies cover a minimum of 80
percent of an area of one acre or more, as shown on USGS 7.5 minute topographic
maps for the City of Oshkosh and its environs.
(186) Yard: An open space, other than a court, on a lot unoccupied and unobstructed
from the ground upward except as otherwise provided in this Chapter.
(187) Yard, front: A yard extending across the full width of the lot, the depth of which
is the minimum horizontal distance between the front lot line and a line parallel
thereto on the lot.
(188) Yard, rear: A yard extending across the full width of the lot, the depth of which is
the minimum distance between the rear lot line and a line parallel thereto on the
lot.
(189) Yard, side: A yard extending from the front yard to the rear yard, the width of
which is the minimum horizontal distance between the side lot line and a line
parallel thereto on the lot.
(190) Yard, street side: For corner lots, the yard between the front and rear lot lines,
extending from the street side lot line to the nearest part of the nearest building or
structure.
(191) Yard, waterfront: A yard on a waterfront lot extending across the full width of the
lot, the depth of which is the minimum distance between the Fox River, Lake
Winnebago, or Lake Butte des Morts and a line parallel thereto on the lot.
(192) Zoning map, official: The map adopted and designated by the City as being the
“Official Zoning Map.”
30-42: (MR-12) Multi-Family Residential–12 Zoning District
(C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
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(1) Apartment (13-20 units per building)
(2) Boarding House Living Arrangement
(3) Cultivation
(4) Indoor Institutional
(5) Institutional Residential
(6) Community Living Arrangement (9-15 residents) meeting the requirements of Section
30-77(H)
(7) Community Living Arrangement (16+ residents) meeting the requirements of Section
30-77(I)
(8) Group Daycare Center
(9) Bed and Breakfast
(10) Apartments with Limited Commercial
(11) Transit Center
(12) Off-Site Parking Lot
(13) Off-Site Structured Parking
(14) Communication Tower
(15) Adaptive Reuse
(16) Transitional Residential Housing
30-43: (MR-20) Multi-Family Residential–20 Zoning District
(C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions
and requirements for each of the following land uses.
(1) Apartment (21-36 units per building)
(2) Boarding House Living Arrangement
(3) Cultivation
(4) Indoor Institutional
(5) Institutional Residential
(6) Community Living Arrangement (9-15 residents) meeting the requirements of
Section 30-77(H)
(7) Community Living Arrangement (16+ residents) meeting the requirements of
Section 30-77(I)
(8) Group Daycare Center
(9) Bed and Breakfast
(10) Apartments with Limited Commercial
(11) Transit Center
(12) Off-Site Parking Lot
(13) Off-Site Structured Parking
(14) Communication Tower
(15) Large Wind Energy System
(16) Adaptive Reuse
(17) Transitional Residential Housing
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30-44: (MR-36) Multi-Family Residential–36 Zoning District
(C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(1) Apartment (37+ units per building)
(2) Boarding House Living Arrangement
(3) Cultivation
(4) Indoor Institutional
(5) Institutional Residential
(6) Community Living Arrangement (9-15 residents) meeting the requirements of Section
30-77(H)
(7) Community Living Arrangement (16+ residents) meeting the requirements of Section
30-77(I)
(8) Group Daycare Center
(9) Bed and Breakfast
(10) Apartments with Limited Commercial
(11) Transit Center
(12) Off-Site Parking Lot
(13) Off-Site Structured Parking
(14) Communication Tower
(15) Large Wind Energy System
(16) Adaptive Reuse
(17) Transitional Residential Housing
30-50: (I) Institutional Zoning District
(C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(1) Boarding House Living Arrangement
(2) Cultivation
(3) Market Garden
(4) Indoor Institutional
(5) Large Scale Public Service and Utilities
(6) Community Living Arrangement (9-15 residents) meeting the requirements of Section
30-77(H)
(7) Community Living Arrangement (16+ residents) meeting the requirements of Section
30-77(I)
(8) Institutional Residential
(9) Indoor Sales or Service
(10) Restaurants, Taverns, and Indoor Commercial Entertainment
(11) Outdoor Commercial Entertainment
(12) Commercial Indoor Lodging
(13) Campground
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Item III - Text Amendments-Zoning Ordinance 7
(14) Water-Related Recreation
(15) Intensive Outdoor Activity
(16) Apartments with Limited Commercial
(17) Transit Center
(18) Airport
(19) Heliport
(20) Communication Tower
(21) Large Wind Energy System
(22) Adaptive Reuse
(23) Transitional Residential Housing
30-51: (NMU) Neighborhood Mixed Use Zoning District
(A) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(1) Twin House
(2) Duplex
(3) Townhouse (3-4 units per building)
(4) Multiplex (3-4 units per building)
(5) Apartment (3-4 units per building)
(6) Boarding House Living Arrangement
(7) Cultivation
(8) Community Garden
(9) Market Garden
(10) Indoor Institutional
(11) Community Living Arrangement (9-15 residents) meeting the requirements of
Section 30-77(H)
(12) Community Living Arrangement (16+ residents) meeting the requirements of Section
30-77(I)
(13) Physical Activity Studio
(14) Restaurants, Taverns, and Indoor Commercial Entertainment
(15) Outdoor Commercial Entertainment
(16) Drive-Through and In-Vehicle Sales or Service
(17) Group Daycare Center
(18) Commercial Animal Boarding/Daycare
(19) Commercial Indoor Lodging
(20) Vehicle Sales
(21) Vehicle Service and Repair
(22) Intensive Outdoor Activity
(23) Light Industrial
(24) Transit Center
(25) Off-Site Parking Lot
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Item III - Text Amendments-Zoning Ordinance 8
(26) Off-Site Structured Parking
(27) Communication Tower
(28) Large Wind Energy System
(29) Transitional Residential Housing
30-54: (CMU) Central Mixed Use Zoning District
(C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions
and requirements for each of the following land uses. [Revised 4/24/18]
(1) Townhouse (3-8 units per building)
(2) Multiplex (3-8 units per building)
(3) Apartment (3+ units per building)
(4) Boarding House Living Arrangement
(5) Cultivation
(6) Community Garden
(7) Market Garden
(8) Community Living Arrangement (9-15 residents) meeting the requirements of
Section 30-77(H)
(9) Community Living Arrangement (16+ residents) meeting the requirements of Section
30-77(I)
(10) Drive-Through and In-Vehicle Sales or Service
(11) Commercial Animal Boarding/Daycare
(12) Water-Related Recreation
(13) Intensive Outdoor Activity
(14) Transit Center
(15) Off-Site Parking Lot
(16) Off-Site Structured Parking
(17) Communication Tower
(18) Large Wind Energy System
(19) Manufacturing Retail [Created 6/11/19]
(20) Transitional Residential Housing
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30-74: Table of Land Uses
30-75: Residential Land Uses
(N) Transitional Residential Housing. A premises other than community living
arrangement or community based residential facility providing housing and appropriate
supportive services for the temporary placement of persons on parole, extended
supervision, or probation in a controlled environment, including supervision or
monitoring to help participants transition to self-sufficient living arrangements. The
housing is short-term, typically less than 24 months. A Transitional Residential Housing
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Item III - Text Amendments-Zoning Ordinance 10
premises with more than 8 persons shall be considered and subject to the requirements of
an Institutional Residential Use as defined under this Code.
30-77: Institutional Land Uses
(J) Institutional Residential: Residential development designed to accommodate Institutional
Residential land uses, such as convents, monasteries, dormitories, fraternities, sororities,
senior housing, retirement homes, assisted living facilities, nursing homes, hospices,
convalescent homes, limited care facilities, rehabilitation centers, homeless shelters (with
or without meal service), Transitional Residential Housing with more than 8 persons, and
similar land uses not considered to be Community Living Arrangements under Sections 30-
77(G) through (I) of this ordinance or under the provisions of Wis. Stats. 62.23.
Figure 30-175a: Number of Off-Street Parking Spaces Required by Land Use
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