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HomeMy WebLinkAboutItem VII PLAN COMMISSION STAFF REPORT JULY 19, 2022 ITEM VIII: 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. Planning staff and Plan Commission held a workshop on these proposed amendments on April 19th, 2022 and the Commissioners were in support of these amendments. ANALYSIS Staff proposes amendments to the following Zoning Ordinance code sections: Section 30-59 (D) to allow temporary uses within the Corporate Business Park District (CBP) Create the following subsections to allow these temporary uses: (1) Temporary Moving Container (Residential) (2) Temporary Outdoor Storage Container (Nonresidential) (3) Farmer’s Market (4) Temporary Outdoor Assembly (5) Temporary On-Site Construction Storage (6) Temporary Contractor’s Project Office (7) Temporary On-site Real Estate Sales Office (8) Temporary Relocatable Building Temporary uses were not included when the Corporate Business Park District (CBP) was established. Creating this section is intended to correct that oversight and provide consistency with temporary uses allowed in the Business Park District (BP). Item VII - Text Amendments-Zoning Ordinance 2 Section 30-51(C) regarding Conditional Uses in the Neighborhood Mixed Use District (NMU) Create subsection (30) to allow Adaptive Reuse as a Conditional Use in NMU District. This amendment will allow for Adaptive Reuse through a conditional use permit in in the NMU District, which staff feels may be appropriate for various properties within that zoning district. Section 30-53(C) regarding Conditional Uses in the Urban Mixed Use District (UMU) Create subsection (17) to allow Adaptive Reuse as a Conditional Use in UMU District. This amendment will allow for Adaptive Reuse through a conditional use permit in in the UMU District, which staff feels may be appropriate for various properties within that zoning district. Section 30-74 regarding Table of Land Uses Add Corporate Business Park (CBP) to “Temporary Land Uses” section of table. Add Adaptive Reuse as a Conditional Use for Neighborhood Mixed Use (NMU) and Urban Mixed Use (UMU). This revision will incorporate the CBP district permitted temporary uses (30-59(D)) and Adaptive Reuse as a conditional use for NMU and UMU districts in the table of land uses. Section 30-254 regarding Classification of Plant Species Amend Figure 30-254a to replace Perennial Plantings landscaping point value of 22/20 sf and 20/20 sf with 1 per 20 sf. This amendment is intended to provide clarity on the point value of perennial plantings. Section 30-86 (A) regarding residential accessory structures Amend subsection (2) to state that total accessory structure area cannot exceed the “above” ground floor area of the principle structure and that accessory structure area measurements shall include the total of all detached “and/or” attached accessory buildings. This amendment is intended to provide clarity that below grade living area is not included in the total principle structure area calculation and that both detached and attached accessory buildings count towards the total accessory structure calculation. Section 30-87(C) regarding the types of activities allowed and defined Amend Section 30-87(C) to clarify the types of activities allowed and defined, “Garage Sale, Estate Sale, or Auction.” These amendments are to better define the Garage and Estate Sale section of the temporary use ordinance. Section 30-87(C) subsections (1), (2), and (3) regarding language changes related to temporary sales. Amend Sections 30-87(C) (1),(2), and (3) to remove the language Garage or Estate Sale or Sales and replace with “such activities” Item VII - Text Amendments-Zoning Ordinance 3 These amendments are to better define the Garage and Estate Sale section of the temporary use ordinance. Section 30-87(L) regarding surfacing requirements Amend Section 30-87(L) to require the surfacing meet the standards of 30-175(R)(1) if a vehicle is being parked under the structure. This amendment would allow for a vehicle to be parked underneath a temporary structure if the surfacing beneath said structure meets the surfacing standards listed in 30-175(R)(1). Section 30-251(E) regarding landscaping requirements if there is a 0’ setback. Create subsection (3) to exempt all Urban Mixed Use zoning districts from building and street frontage landscaping requirements if there is a 0’ setback. This amendment aligns the landscaping requirements with the principle structure setback requirements for the Urban Mixed Use zoning district. UMU zoning district allows for the principle structure to have a 0’ setback, and if that is the setback, building and street frontage landscaping requirements cannot be met. This amendment allows for an exemption from those landscaping requirements. 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. 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 30-160.5 regarding the related figure Create figure 30-160.5a for a visual representation of what 30-160.5 defines for shoreline setbacks. This figure needs to be edited and labeled due to previous amendments to 30-160.5. This amendment is to correct an oversight. Section 30-160.6(C) regarding viewing/access corridor width at shorelines Amend Section 30-160.6(C) to remove 30ft. and replace with 35ft. for viewing access corridors. This amendment is to align the City of Oshkosh zoning code with the WI DNR allowance for viewing access corridors at shorelines. Section 30-160.6 regarding the related figure Create Figure 30-160.6a for a visual representation of what 30-160.6 defines for viewing access corridors within a vegetative buffer zone. This figure needs to be edited and labeled to match what section 30-160.6 states. Item VII - Text Amendments-Zoning Ordinance 4 Section 30-172(M) regarding figure 30-172b Amend Figure 30-172b to remove 24ft. and replace with 36ft. for maximum driveway width. This figure needs to be edited due to previous amendments to 30-172(M). This amendment is to correct an oversight. Section 30-175(L)(6) regarding screening requirements for uncovered parking Amend Section 30-175(L)(6) to require screening when uncovered parking occurs “next to a garage” and to remove vegetation and replace with “evergreen hedge” and to add that “evergreens must be a minimum 4 foot tall at time of planting.” This amendment is to correct an oversight when uncovered parking occurs next to a garage in an approved parking stall. Staff feel that this amendment helps clarify the screening requirements for uncovered parking areas on small lots so that it aligns with the screening requirements of uncovered parking areas on standard lots. Section 30-294(B)(3) regarding where a private sign can be attached Amend Section 30-294(B)(3) to add the language “private or” for prohibited signs on light poles. This amendment is to clarify that private signs are not to be attached to, or painted on, any private or public light pol or traffic structure. Section 30-271(B)(3)(f) regarding window sign definition Amend Section 30-271(B)(3)(f) to remove the language “the inside face of” for window sign definition. This amendment is to better define window signs as signs placed on both the inside and outside of an exterior window. Section 30-190(E)(3)(a) regarding lighting levels along the right-of-way Amend Section 30-190(E)(3)(a) to add the language “with the exception of lighting levels along the right of way line which may not exceed 1.0 foot-candles” for maximum lighting levels. This amendment allows for a higher level of foot-candles at the right-of-way line and staff feel that 1-foot candle will not have a negative impact on the surrounding properties and only increase lighting levels within the public right-of-way. Section 30-80(D) regarding minimum parking requirements for manufacturing retailer land use Create Section 30-80(D)(1) to require one parking space per 300 square feet of gross floor area for minimum parking area for the Manufacturing Retailer land use. This amendment will require that a manufacturing retailer land use have 1 parking stall per 300 square feet of gross floor area. This amendment is to correct an oversight from when this land use was added to the zoning code. Item VII - Text Amendments-Zoning Ordinance 5 Section 30-172(M)(2)(e)(i) regarding a referenced code section Amend Section 172(M)(2)(e)(i) to remove the referenced ordinance section 30-172(O)(1)(a) and replace with the correct ordinance section “30-172(M)(2)(a).” This amendment is to correct an oversight from a previous code amendment. Section 30-290b regarding pre-sell menu board permitted characteristic Amend Figure 30-290b to add pre-sell board maximum area and height allowances. This amendment provides clarity on maximum area and height for the Drive-Through Sign category in relation to pre-sell menu boards. Section 30-290b regarding Note 10 for Drive-Through and In-Vehicle Sales and Service land uses. Amend Figure 30-290b Notes 10. To add “two menu boards (one pre-sell and one primary) are allowed per drive-through lane for such land uses.” This amendment is to allow a second drive-through sign, called a pre-sell menu board, to meet current drive-through land use practices. Staff feel 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. Section 30-59 (CBP) Corporate Business Park Zoning District (D) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to Section 30-87 for detailed definitions and requirements for each of the following land uses. (1) Temporary Moving Container (Residential) (2) Temporary Outdoor Storage Container (Nonresidential) (3) Farmer’s Market (4) Temporary Outdoor Assembly* (5) Temporary On-Site Construction Storage* (6) Temporary Contractor’s Project Office* (7) Temporary On-Site Real Estate Sales Office* (8) Temporary Relocatable Building* Item VII - Text Amendments-Zoning Ordinance 6 Section 30-86: Accessory Land Uses and Structures (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 above grade 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 and/or attached accessory buildings on the lot except as conditional uses. [Revised 10/13/20] Section 30-87: Temporary Uses (C) Garage sale, estate sale, or auction or Estate Sale (Auction). Any temporary display of used household goods for sale on a property customarily used as a residence that does not exceed three days in duration and that occurs no more than three times in one calendar year. Such activities sales are also commonly referred to as rummage sales or yard sales. Regulations: (1) Permits are not required for such activities. Garage or Estate Sales. (2) Sales shall occur only during daylight hours. (3) Garage or Estate Sales Such activities shall not exceed 3 days in duration and shall not occur more than three times in one calendar year. (L) Temporary Shelter Structure: These shelters are typically supported by poles, have a fabric or plastic roof and/or sides, and may be used for short term temporary storage of vehicles and other personal property. If shelter structure is being used for vehicle parking the ground surface must meet the surfacing requirements of Section 30-175(R)(1). This does not include camping tents or permanent Residential Accessory Structures. [Revised 4/24/18] Section 30-251: Applicability (E) Exemptions. (3) All uses in the Urban Mixed Use district are exempt from landscaping requirements for building frontages and street frontages if there is a 0’ setback. Section 30-160.5 Setbacks from the Ordinary High Water Mark (A)(2) Adjustment of Shore Yards. A setback greater or less than 50 feet may be required or allowed, if the following apply: Item VII - Text Amendments-Zoning Ordinance 7 Section 30-160.6 Vegetative Buffer Zone (C) A person who is required to maintain or establish a vegetative buffer zone may remove the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 35 feet wide for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary high-water mark (see figure). Such viewing or access corridor shall not be located within 10 feet of a side property line. Item VII - Text Amendments-Zoning Ordinance 8 Section 30-172b: Driveways Wider than 24 36 Feet 30-175(L)(6) Uncovered parking spaces situated beyond the rear façade of the principal structure and/or next to a garage must be screened with a minimum of 5-foot tall vegetation evergreen hedge, solid fencing, or other permitted material that creates a solid screen, impervious to sight from adjacent properties, excluding views from the side of the lot where access is provided. Evergreens must be a minimum of 4’ tall at time of planting. Item VII - Text Amendments-Zoning Ordinance 9 Figure 30-254(A): Commonly Used Landscaping Species Perennial Plantings 22/20 sf 1 per 20 plant Coneflower Echinacea spp.* Perennial Plantings 20/20 sf Catmint Neeta spp. Perennial Plantings 22/20 sf Black-Eyed Susan Rudbeckia hirta* Perennial Plantings 20/20 sf Lily Lilium spp. Perennial Plantings 20/20 sf Daylily Hemerocallis spp. Perennial Plantings 20/20 sf Ornamental Grass varies Perennial Plantings 20/20 sf Lady‘s Mantel Alchemilla spp. Perennial Plantings 22/20 sf Columbine Aquilegia spp.* Perennial Plantings 22/20 sf Aster Aster spp.* Perennial Plantings 20/20 sf Jack Frost Brunnera macrophylla Perennial Plantings 22/20 sf Blazing Star Liatris spp.* Perennial Plantings 20/20 sf Black Bugbane Cimicifuga simplex “Brunette” Perennial Plantings 20/20 sf Peony Paeonia spp. Perennial Plantings 20/20 sf Pachysandra Pachysandra spp. Perennial Plantings 22/20 sf Stonecrops Sedum spp.* Perennial Plantings 20/20 sf Astilbe Astilbe spp. Perennial Plantings 20/20 sf Hosta Hosta spp. * Wisconsin native plant species identified with an asterisk are preferred plant materials and an additional 10% has been added to their respective point values. 30-294(B)(3) No private sign shall be attached to or painted on any natural feature (e.g. tree or rock), fence, public utility pole, private or public light pole or traffic regulatory structure. 30-271(B)(3)(f) Window Sign. A type of sign that is attached to the inside face of an exterior window. Window Signs may face toward the outside of the building, the inside, or both. 30-51: (NMU) Neighborhood 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. (30) Adaptive Reuse ***Add to land use table 30-53: (UMU) Urban 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. (17) Adaptive Reuse ***Add to land use table 30-190(E)(3)(a) In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 foot-candles above ambient lighting conditions on a cloudless night, with the exception of lighting levels along the right of way line which may not exceed 1.0 foot-candles. Item VII - Text Amendments-Zoning Ordinance 10 30-80(D)(1) Minimum required parking : One space per 300 square feet of gross floor area. Figure 30-290b: Permitted Sign Characteristics for Permanent Business Signs By Zoning District1 Notes: 10. Only permitted with approved Drive-Through and In-Vehicle Sales and Service land uses. Two menu boards (one pre-sell and one primary) are allowed per drive-through lane for such land uses.