Loading...
HomeMy WebLinkAbout32. 21-284MAY 25, 2021 21-284 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCES PERTAINING TO BOARD OF APPEAL / APPEALS OF ADMINISTRATIVE DECISIONS AND ZONING INTERPRETATIONS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RENAMING SECTION 30- 410 OF THE CITY OF OSHKOSH MUNICIPAL CODE AS “APPEALS OF ADMINISTRATIVE DECISIONS”; AND REPEALING AND RECREATING SECTION 30-411 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING INTERPRETATIONS WHEREAS, there is need to update certain provisions of the City Municipal Code pertaining to the Board of Appeals powers to clarify language within the existing city ordinances in relation to Appeals of Administrative Decisions and Zoning Interpretations. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-410 of the City of Oshkosh Municipal Code is hereby renamed: Section 30-410 Appeals of Administrative Decisions SECTION 2. That Section 30-411 of the City of Oshkosh Municipal Code pertaining to Zoning Interpretations is hereby repealed and recreated to read as shown on the attachment to this ordinance. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and publication. MAY 25, 2021 21-284 ORDINANCE FIRST READING CONT’D SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #20-____ AMEND ORDINANCES PERTAINING TO BOARD OF APPEAL / APPEALS OF ADMINISTRATIVE DECISIONS AND ZONING INTERPRETATIONS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RENAMING SECTION 30-410 OF THE CITY OF OSHKOSH MUNICIPAL CODE AS “APPEALS OF ADMINISTRATIVE DECISIONS”; AND REPEALING AND RECREATING SECTION 30-411 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING INTERPRETATIONS) on June 8, 2021. The ordinance revises the City’s current ordinances to update provisions of the City Municipal Code pertaining to the Board of Appeals. The ordinance clarifies in the title that section 30-410 governs Appeals of Administrative Decisions. In relation to Zoning Interpretations under section 30-411 the ordinance clarifies that when zoning interpretations are done by the request of staff, the plan commission or council, the Director of Community Development shall provide all applicable information to the Board and clarifies language in the ordinance pertaining to requested interpretations, proposed developments and provision of reports to applicants. 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. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor & Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: May 21, 2021 RE: Amend Ordinances pertaining to Board of Appeal / Appeals of Administrative Decisions and Zoning Interpretations BACKGROUND Staff has been working to update a training manual and guidance for the City’s Board of Appeals. As staff worked closely through the ordinances to update training and create decision making outlines, staff noticed a few areas that staff believed could be made more clear with new or updated language. The Board of Appeals has several distinct responsibilities including reviews of variance requests, appeals of administrative decisions, and making zoning interpretations. These responsibilities were a bit jumbled in the current ordinance and staff is proposing language that would clearly distinguish between these roles and clarify the process for each specific type of determination. ANALYSIS The City Attorney’s office worked with Community Development to review and update the current ordinances. Staff proposes changing the title of Section 30-410 to more accurately describe that it applies to appeals of administrative decisions rather than zoning interpretations. Section 30-411 covers zoning interpretations. In the case of requests for zoning interpretations from staff, the plan commission or council, the proposed ordinance would specify that the Director of Community Development will provide the applicable information to the Board. This follows current practice but was not clearly stated in the current ordinance. Additional clarifications include information that must be submitted with applications; a correction where the ordinance incorrectly identified a variance as opposed to an interpretation; and clear direction regarding provision of staff reports to applicants. None of the proposed changes modify current practices, they are simply intended to make the provisions more clear. Clean and tracked changes versions of the proposed ordinance revisions are attached for comparison. FISCAL IMPACT There is no anticipated fiscal impact associated with this ordinance update. RECOMMENDATION Staff recommends adoption of the ordinance as proposed. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager Rename Section 30-410 currently “Appeals of Zoning Interpretations” to “Appeals of Administrative Decisions” Section 30-411: Zoning Interpretations [Revised 6-8-2021] (A) Purpose. The purpose of this Section is to provide the procedures and guidelines for the official interpretation of the provisions of this Chapter. (B) Initiation of Request for an Interpretation. Proceedings for an interpretation may be initiated by any of the following methods: (1) An application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property. (2) By request of the Plan Commission or Common Council. (3) By request of the Director of Community Development, or designee. (C) Application. A zoning interpretation application shall be submitted that contains all of the following (in the case of requests from staff, the plan commission or council, the Director of Community Development shall provide information to the Board containing all of the following, as applicable): (1) Clear indication of the text of this Chapter for which the interpretation is requested and the specific questions regarding said text. (2) If the requested interpretation relates to the application of this Chapter to a specific property, the additional following information shall be submitted with the application (digital files should be submitted whenever possible): (a) A map of the subject property depicting: (i) All lands for which the interpretation is requested and all other lands within 100 feet of the boundaries of the subject property. (ii) Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. (iii) All lot dimensions of the subject property. (iv) A graphic scale and a north arrow. (b) A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property. (c) A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of Section 30-385, if applicable. (D) Review by Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (2) The Director of Community Development, or designee, shall review the application and evaluate and comment on the written justification for the proposed interpretation provided in the application to determine whether the requested interpretation is in harmony with the City’s Comprehensive Plan. If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this Chapter, the Director or designee’s response shall also address the following questions: (a) How is the subject land use or proposed development in general harmony with the purposes, goals, objectives, policies and standards of the City’s Comprehensive Plan, this Chapter, and any other plan, program, or ordinance adopted, or under consideration (pursuant to official notice) by the City? (b) How is the subject land use or proposed development in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought? (3) The Director of Community Development, or designee, shall forward a copy of the report prepared under section (2) above to the applicant, if the applicant is a person or entity other than staff, the plan commission or council, indicating the interpretation of the Director of Community Development, or designee. If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Director of Community Development, or designee, shall note this determination in the report. (E) Standards for Review. This Chapter shall be interpreted in a manner which is consistent with the purposes intended by the Common Council as noted in this Chapter and the Comprehensive Plan. The intent of the standards and supporting definitions of this Chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. The following standards shall govern the decision on the requested interpretation on land use interpretation matters: (a) No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Common Council on an application for an amendment to the Zoning Ordinance, the Official Zoning Map, or a previously applied for appeal from a requested interpretation. (b) No interpretation shall permit a land use listed as a use permitted by right, a special use, or a conditional use in another zoning district if the use is not listed as permitted or conditional in the zoning district of the subject property (see Article II). (c) No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property’s zoning district (see Article II). (d) No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district, or permitted in a more intensive district in the same zoning district category (see Article II). (e) If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property’s district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to Section 30-382. (F) Effect of a Favorable Land Use Interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals which may be required by this Chapter. These permits and approvals include, but are not limited to, required site plans, special use permits, conditional uses, and certificates of occupancy. (G) Limitations on Favorable Land Use Interpretation. (1) No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development has begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period. (2) An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more. Rename Section 30-410 currently “Appeals of Zoning Interpretations” to “Appeals of Administrative Decisions” Section 30-411: Zoning Interpretations [Revised 10/13/20] (A) Purpose. The purpose of this Section is to provide the procedures and guidelines for the official interpretation of the provisions of this Chapter. (B) Initiation of Request for an Interpretation. Proceedings for an interpretation may be initiated by any of the following methods: (1) An application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property. (2) By request of the Plan Commission or Common Council. (3) By request of the Director of Community Development, or designee. (C) Application. A zoning interpretation application shall be submitted that contains all of the following (in the case of requests from staff, the plan commission or council, the Director of Community Development shall provide information to the Board containing all of the following, as applicable): (1) Clear indication of the text of this Chapter for which the interpretation is requested and the specific questions the applicant has regarding said text. (2) If the requested interpretation relates to the application of this Chapter to a specific property, the additional following information may be requiredshall be submitted with the application (digital files should be submitted whenever possible): (a) A map of the subject property depicting: (i) All lands for which the interpretation is requested and all other lands within 100 feet of the boundaries of the subject property. (ii) Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. (iii) All lot dimensions of the subject property. (iv) A graphic scale and a north arrow. (b) A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property. (c) A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of Section 30-385, if applicable. (D) Review by Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (2) The Director of Community Development, or designee, shall review the application and evaluate and comment on the written justification for the proposed interpretation provided in the application to determine whether the requested variance interpretation is in harmony with the City’s Comprehensive Plan. If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this Chapter, the Director or designee’s response shall also address the following questions: (a) How is the subject land use or proposed development in general harmony with the purposes, goals, objectives, policies and standards of the City’s Comprehensive Plan, this Chapter, and any other plan, program, or ordinance adopted, or under consideration (pursuant to official notice) by the City? (b) How is the subject land use or proposed development in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought? (3) The Director of Community Development, or designee, shall forward a copy of the report prepared under section (2) above to the applicant, if the applicant is a person or entity other than staff, the plan commission or council, indicating the interpretation of the Director of Community Development, or designee. If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Director of Community Development, or designee, shall note this determination in the report. (E) Standards for Review. This Chapter shall be interpreted in a manner which is consistent with the purposes intended by the Common Council as noted in this Chapter and the Comprehensive Plan. The intent of the standards and supporting definitions of this Chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. The following standards shall govern the decision on the requested interpretation on land use interpretation matters: (a) No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Common Council on an application for an amendment to the Zoning Ordinance, the Official Zoning Map, or a previously applied for appeal from a requested interpretation. (b) No interpretation shall permit a land use listed as a use permitted by right, a special use, or a conditional use in another zoning district if the use is not listed as permitted or conditional in the zoning district of the subject property (see Article II). (c) No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property’s zoning district (see Article II). (d) No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district, or permitted in a more intensive district in the same zoning district category (see Article II). (e) If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property’s district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to Section 30-382. (F) Effect of a Favorable Land Use Interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals which may be required by this Chapter. These permits and approvals include, but are not limited to, required site plans, special use permits, conditional uses, and certificates of occupancy. (G) Limitations on Favorable Land Use Interpretation. (1) No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development has begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period. (2) An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.