HomeMy WebLinkAboutItem VI
PLAN COMMISSION STAFF REPORT FEBRURARY 7, 2023
ITEM VI: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE
RELATED TO TEMPORARY USE PERMITS
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 code sections that should be
modified following further examination and discussion with the public, City staff, and
developers. Planning staff has been in discussion with other City departments regarding beer
garden regulations. In an effort to improve beer garden regulations, revisions are being
proposed to the municipal code and zoning ordinance.
ANALYSIS
Staff proposes amendments to the following Zoning Ordinance code section:
Section 30-87 (G) regarding Temporary Outdoor Assembly
Amend land use description to specify that outdoor bands, live/amplified music, and beer
gardens for 75-200 people are considered Temporary Outdoor Assembly and remove language
about Special Event permits not being required. Amend Subsection (3) to provide required
ending time when located adjacent to residential property.
These amendments will coincide with proposed municipal code revisions and are intended to
provide clarity on regulations and approvals needed for outdoor gatherings.
Item VII - Text Amendments-Zoning Ordinance 2
RECOMMENDATION
Staff recommends that the Plan Commission recommend approval of the proposed
amendments to the Oshkosh Zoning Ordinance.
(G) Temporary Outdoor Assembly: Includes any organized outdoor assembly of 75 to 250
persons such as outdoor weddings, wedding receptions, or tent meetings, outdoor bands,
live or amplified music and/or commercial beer gardens. Refer to the Special Events
ordinance under Section 5-18 of the City of Oshkosh Municipal Code to determine whether
an event is considered a Special Event and subject to the requirements of that ordinance.
Temporary Outdoor Assembly uses do not require a Special Event permit if they are wholly
contained on public or private property specifically designed or suited for said use, have an
appropriate physical area for fire protection purposes as well as appropriate sanitation
facilities and street and/or highway access, and result in no greater use of public facilities
and services than on normal, non-event days.
Regulations:
(1) Temporary Outdoor Assembly uses that exceed 3 days per calendar year shall require
a conditional use permit.
(2) Activities shall not obstruct pedestrian or vehicular circulation, including vehicular
sight distances.
(3) If subject property is located adjacent to a residentially zoned property, activities shall
be limited to daylight hours cease operation no later than 10 pm Sunday through
Thursday evenings or 11 pm on Friday and Saturday evenings.