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HomeMy WebLinkAbout02. 12-390AUGUST 15, 2012 12 -390 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN } PURPOSE: APPROVE REZONING PROPERTIES AT 1839, 1847 & 1853 OREGON STREET FROM C -2 GENERAL COMMERCIAL TO R -1 SINGLE FAMILY; REZONE 1861 OREGON STREET FROM C -2 GENERAL COMMERCIAL TO C -1 NEIGHBORHOOD BUSINESS INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16 (B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30 -16(B) of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the properties at 1839, 1847 & 1853 Oregon Street from C -2 General commercial to R -1 Single Family and 1861 Oregon Street from C -2 General Commercial to C -1 Neighborhood Business. From C-2 to R -1: The north 15 feet of Lot 9 and all of Lot 8; also the south 35 feet of Lot 9; also the north 28 feet of the east 45 feet of Lot 15 and all of Lots 10 and 11, all in Louis Smiths Addition, 14th Ward, City of Oshkosh, Winnebago County, Wisconsin plus public right -of -way abutting said lots extending to the centerline of Oregon Street. From C -2 to C -1: All of Lot 12, Lois Smiths Addition, 14th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of -way abutting said lot extending to the centerlines of Oregon Street and West 19th Avenue. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #12 -xxx APPROVE REZONING PROPERTIES AT 1839, 1847 & 1853 OREGON STREET FROM C -2 GENERAL COMMERCIAL TO R -1 SINGLE FAMILY; REZONE 1861 OREGON STREET FROM C -2 GENERAL COMMERCIAL TO C -1 NEIGHBORHOOD BUSINESS on August 28, 2012. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. ❑ � 00 I J t i I I Ll L : ] T I N Q. N { 000 i T T 00 I 0 Q0 1 T 00 3 r © I � ❑ f 1 E I i r 1 Ll ED N r I N - -. T i co I �1 E T -- - REZONE Y From C -2 N � � To R -1 ❑ m -. ' CO 1'C .p T CO :J 4 - -- - W - - T r - - -- - -- - - - Bf OCK AY i Ll 167 161 53A El 1 i 00 co 1 co to 00 T-U 222 -- 21 6. co -- REZONE - 19TH - -. -- i ° 2 1 160 15S From C -2 a 2 To C -1 219 211 -----.-.-.- -- .- .- .- ._.- .- .----- .- .- . -. -.- V - . �J I _._ A V 0 ,° o .y 0') T I 1 I 1 1 1 1 j 3 j J 1 0) L] ` DISCLAIMER REZONE O This map is neither a legally recorded map nor a survey and it Is not Intended to be used as one. From C, -2 This drawing is a compilation of records, data OlHKOlH and information located in various city, county To R -1 and C -1 OR nle WAIER and state offices and other sources affecting the area shown and It Is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- Dep artment of sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the Community Development City of Oshkosh. Scale: 1 `- 100' Created by - D 7120112 O.IHKOJH ON THE WATFA TO: Honorable Mayor and Members of the Common Council FROM: Darayn Burich Director of Planning Services DATE: August 9, 2012 RE: Approve Rezoning Properties at 1839, 1847 & 1853 Oregon Street from C -2 General Commercial to R -1 Single Family and Rezone 1861 Oregon Street from C -2 General Commercial to C -1 Neighborhood Business (Plan Commission recommends approval) BACKGROUND The subject 1.13 acre area is located along the west side of Oregon Street from 1839 Oregon Street to 1861 Oregon Street and is comprised of four individually owned parcels of land that are zoned C -2 General Commercial District. In April of this year, Planning Services was contacted by a residential property owner within the subject area who had difficultly securing a lower interest loan for his single family lot due to its C-2 zoning classification which prohibits residential uses. Along with a neighbor, he has requested that staff research the history of the area's zoning, took at the existing zoning classification versus uses, and compare the zoning to the Comprehensive Plan to determine if it is still appropriate. City records show the C -2 zoning has been in place since 1965 and allowed residential and commercial uses. Code revisions of 1987 prohibited both residential and mixed uses from the C-2 district at which time the existing uses became legal nonconforming. Three of the four properties are single family residential and the fourth is a mixed use of commercial and residential. ANALYSIS Staff presented four rezoning scenarios for this area. Scenario 1 is to leave the existing zoning as is which is inconsistent with the Comprehensive Plan which recommends residential use in this area. Any redevelopment of the existing residential sites to commercial use would be challenging due to the small sizes of the parcels and setbacks for street frontages and transitional yard setbacks. If the existing structures were to be damaged beyond 50% of its assessed value, the parcel will more than likely remain vacant as reestablishment of the use is prohibited. Scenario 2 would involve rezoning the three residential properties only to R -1 which would make the residential uses conforming but does not address the mixed -use property's nonconformity issue. Scenario 3 would rezone the three residential properties to R -1 and rezone the mixed -use property to C -1 Neighborhood Business District which would make the existing residential uses conforming and allow the existing or a new mixed -use development on this site. This option positively affects all the properties within the subject area. Scenario 4 is to rezone all four parcels to R -1 which would make the three residential uses conforming and would allow the existing mixed -use however it would not allow the mixed -use parcel to be redeveloped with a new mixed-use if the existing structure was removed or substantially damaged. FISCAL IlVIPACT None anticipated. RECOMMENDATION The Plan Commission approved of Scenario 3 of this request at its July 17, 2012 meeting. Approved,�� City Manager f¢°� ITEM: ZONE CHANGE FROM C -2 GENERAL COMMERCIAL TO R -1 SINGLE FAMILY RESIDENCE DISTRICT AND C -1 NEIGHBORHOOD COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT 1839 -1861 OREGON STREET Plan Commission meeting of July 17, 2012 GENERAL INFORMATION Applicant: City Administration Property Owners: Multiple Action(s) Requested: The City is presenting several zone change options from C -2 General Commercial to R -1 Single Family Residence District and a combination of R -1 Single Family Residence District and C -I Neighborhood Business District. Four rezoning options /scenarios will be presented for the Plan Commission's consideration. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan, redevelopment plans and good planning principles. Property Location, Background Information and History: The subject 1.13 acre area is located along the west side of Oregon Street from 1839 Oregon Street to 1861 Oregon Street and is comprised of four individually owned parcels of land that are zoned C -2 General Commercial District. In April of this year, Planning Services was contacted by a residential property owner within the subject area who had difficultly securing a lower interest loan for his single family lot due to its C -2 zoning classification which prohibits residential uses. Along with a neighbor, he has requested that staff research the history of the area's zoning, look at the existing zoning classification versus uses, and compare the zoning to the Comprehensive Plan to determine if it is still appropriate. City records show the C -2 zoning for the area has been in place as early as 1965, however the C -2 zoning classification within the 1965 Zoning Ordinance was labeled as a Light Commercial District and allowed residential and commercial uses "by- right ". Code revisions of 1987 prohibited both residential and mixed uses from the district, at which time the existing uses became legal nonconforming or "grandfathered ". Specifically, three of the four properties (1839- 1853 Oregon) in the subject area are single family residential and the fourth property (1861 Oregon) is a mixed use with a hair salon on the ground floor and a residential living unit on the second. Staff discussed the situation with the Plan Commission during a workshop following the June 19, 2012 Plan Commission meeting and is now bringing forward a zone change to correct the inconsistency between the existing uses and the zoning classification, ubject Site Existing Laird UseZoning Residential & Mixed Use C -2 Adiacent Land Use and Zoning Existing Land Uses Zoning 10 Year Land Use Recommendation Single Family Residential R -1 _ North South Single and Two Family Residential (acro W 19` Ave) R -2 East Single and Two Family Residential (across Oregon St) R -2 _ West Single Family Residential R -2 Comprehensive Platt Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The 1.13 acre area included in the rezone request is predominately a single family residential area but also includes a mixed use lot. All four parcels are all currently legal nonconforming uses meaning that the existing uses of a structure or premises can continue but may not be extended and if discontinued for a period of a year or if the structure is damaged more than 50% of its assessed value, it may no longer be used or rebuilt as a residential dwelling or mixed use property. Public right -of -way makes up the remainder of the area. The use breakdown is depicted in the table below. LAND USE BREAKDOWN Use Number of Parcels Acreage Single Family 3 0.67 Mixed Use 1 0.17 Right-of-Way - 0.29 Total 4 1.13 Staff has laid out four rezoning options /scenarios within this report for the Plan Commission's consideration and has also attached specific sections of the Zoning Ordinance that relate to permitted and conditional uses for each zoning district discussed within them. SCENARIO I — ZONING REMAINS C -2 Scenario 1 is to leave the existing zoning as -is. This lack of change is inconsistent with the Comprehensive Plan's land use recommendation for residential use in this area. However, over time, the existing residential uses may cease "piecemeal ", allowing for potential redevelopment for commercial or light industrial uses potentially as a residential commercial node. Any redevelopment of residential properties individually or in whole to a commercial or light industrial use may be challenging. The size of the parcels in the subject area average only 0.21 acres in size just slightly larger than the minimum lot size for a single - family home (0.17 acres) so it is likely that any commercial redevelopment would require the acquisition of multiple or all of the parcels to compile enough area for a structure and parking, especially when 25 foot setbacks are required from both street frontages and a 19 -foot, 2 -inch and /or a 25 -foot side and rear transitional yard setback is required from existing adjacent residential uses within or bordering the subject area. Additionally, in the unfortunate event that one of the existing structures were to be damaged beyond 50% of its assessed value, the parcel will more than likely remain vacant for an extended period of time. Reestablishment of a residential or mixed use is prohibited per the current C-2 zoning. Redeveloping any property commercially will be virtually impossible due to the parcel's small size and setback requirements of the C-2 District and the possibility of parcels eventually being combined could potentially take years and until that time, any vacant parcel will remain unused, possibly becoming a blighting influence due to lack of upkeep. Staff is uncomfortable with this scenario as it will jeopardize the character of the neighborhood. Staff is not opposed to the establishment of a neighborhood business node in this area; however, the City does not want to see the existing residential uses deteriorate. SCENARIO 2 — REZONING FROM C -2 TO R -1 OF 1839 -1853 OREGON STREET ONLY Scenario 2 involves the rezoning of three parcels, 1839, 1847 and 1853 Oregon Street that are currently single family residences. The owner's of two of these properties made initial contact with the City to rezone to secure lower interest financing. To be consistent with the current uses, adjacent zoning and the Comprehensive Plan's land -use recommendation, staff recommends that these properties be rezoned to R -1, Single Family Residence District, This makes the use of the property conforming. Scenario 2 does not address the current nonconforming status of the mixed - use property at 1861 Oregon Street but would allow the existing commercial structure and improvements on the lot to be utilized for the broadest of commercial uses. Staff feels this course of action is inappropriate because, as it may solve the zoning problem for a majority of the properties, it is not solving 1861 Oregon's nonconformity issue or the underlying problem of having a C -2 zoned property that would be extremely difficult to redevelop within a predominately single family neighborhood. Ideally, staff looks at addressing the situation as a whole and we do not feel this option does that. SCENARIO 3 — REZONING 1839 -1853 OREGON STREET FROM C -2 TO R -1 AND REZONING OF 1861 OREGON STREET FROM C -2 TO C -1 Scenario 3 incorporates the rezoning of the three parcels as described in Scenario 2 (1839, 1847 and 1853 Oregon Street) and also rezones 1861 Oregon Street to the C-1 Neighborhood Business District. This scenario would make the three existing single family residential uses conforming within the R -1 District. The C -1 District would allow the existing or a new mixed -use at 1861 Oregon Street to be brought into conformance with zoning through Conditional Use Permit. Additionally, the C -I District would provide the ability of the site to be redeveloped strictly neighborhood commercial or residential, though variances to dimensional standards would most certainly be necessary for a new mixed -use or commercial use due to the small size of the lot and its location adjacent to residential and at a corner. This option positively affects all the properties within the subject area as it relates to their existing uses and it removes the nonconformity of the residences and provides flexibility to the current mixed -use property. However, rather than cleaning up the area's zoning as a whole, it creates a parcel of C -1 zoning that, because of its size and corner location, would be difficult to redevelop Item -- RezoneOregoidfreet (based on the dimensional regulation of the zoning code) as anything but a strict residential use in the future. SCENARIO 4 — REZONE ENTIRE ,SUBJECT AREA FROM C -2 TO R -1 Scenario 4 rezones all four parcels to the R -1 Single Family Residence District. This scenario would make the three existing single family residential uses conforming within the R -1 District. As with the C-1 zoning discussed in Scenario 3, the R -1 District would allow the existing mixed - use within the existing building at 1861 Oregon Street to be brought into conformance with zoning through Conditional Use but it would not allow the property to be redeveloped with a new mixed use if the existing structure were removed and would limit the site to a use permitted in the R -1 Residence District, which is fitting as the size of the lot is just at the minimum lot size required to construct a single- family home (0.17 acres). As with Scenario 3, this option positively affects all the properties within the subject area as it relates to their existing uses as it removes the nonconformity of the residences and allows an avenue for the reuse of the current mixed -use property assuming the structure is not removed or substantially damaged. It does however limit the ability of the current mixed use parcel to reestablish it's mixed -use or convert to a strictly commercial use if the building on -site were gone. CONCLUSION AND RECOMMENDATION Staff initiated this zone change on behalf of property owners looking to secure a lower interest loan but also desires to make zoning consistent with the Comprehensive Plan Land -Use Recommendation and to maintain the health of the residential properties in this area by providing residential property owners the ability to make significant improvements to their properties without running into conflicts with the Zoning Ordinance. The benefit of the zone change Scenarios 2, 3 or 4 is that they help the existing residential uses while not impairing the operations of the existing mixed use. With that in mind, staff requests approval of a zone change as outlined in either: Scenario 3 — Rezone 1839,1847 and 1853 Oregon Street from C -2 to R -1 and Rezone 1861 Oregon Street from C -2 to C -1 or Scenario 4 — Rezone entire subject area from C -2 To R -1 The Plan Commission approved of the zone change to as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning and land use in said area. He stated that the area being considered for the zone change was currently zoned C -2 which in the past allowed residential use. This has changed over the years and the residential uses are currently legal nonconforming. He reviewed photos of the properties in the area being considered for the zone change and also reviewed the four scenarios being offered. He reviewed all the options and explained the differences between them. Staff was recommending either Scenario 3 to rezone the residential homes from C -2 to R -1 and the commercial use to G1 or Scenario 4 to rezone the entire area to R -1. Mr. Thorns questioned what zoning classification allowed both residential and commercial uses. Item — RezoneOregouStreet Mr. Buck responded that it was the G1 classification. Mr. Thorns then questioned why the business use would still be nonconforming if the zoning designation was changed to C -1. Mr. Buck responded that the use could be brought into conformance with zoning through conditional use permit however it could impact the business by possibly adding conditions to the request. Mr. Burich added that the use can continue to utilize the site the way it is with just the zone change as it is an existing use. Mr. Thorns inquired what would the down side be of keeping the zoning as it currently exists. Mr. Buck replied that if any of the existing structures were damaged beyond 50% of its assessed value, the reestablishment of the use would be prohibited and redeveloping any property commercially would be impossible due to the parcel's small size and setback requirements unless multiple parcels were combined. This could potentially take years and the damaged parcel would remain vacant and become a blighting influence to the neighborhood. He also discussed that two of the property owners in the existing residential uses were having difficulty refinancing their homes due to the zoning classification and requested that the city consider a zone change for their properties. Mr. Thorns questioned if changing the zoning to either C -1 or R -1 would be detrimental to any of the properly owners. Mr. Buck responded that the main difference was that the one commercial property existing in the area would not be able to be reestablished if the zoning was changed to R -1. If this property is rezoned to C -1, it would provide the ability of the site to be redeveloped strictly neighborhood commercial or residential. Mr. Thoms asked again to clarify that the difference between scenario 3 and 4 was that the C -1 designation for the commercial use would allow the business to continue or be redeveloped. Mr. Buck responded affirmatively. Larry Schmick, 1839 Oregon Street, stated that he was one of the property owners requesting the zone change so he could refinance his home and was present to support the request. A by Hinz to approve a zone change from C-2 General Commercial to R -1 Single Family Residence District and C -1 Neighborhood Cormmercial Districtfor property located at 1839 -1861 Oregon Street (Scenario 3). Seconded by Thorns. 1Ll6tion carried 9 -0. Item — RezoneoregmrStreet City of Oshkosh ARTICLE V. RESIDENTIAL. DISTRICTS SECTION 30 -17 RA SINGLE FAMILY RESIDENCE DISTRICT Municipal Code Revised 12/31/09 (A) Permitted Uses (� Single family dwelling (2) Accessory structure customarily incidental to the residential principal use when located on the same lot and. not occupied by nor involving the conduct of a business or home occupation. (3) One (1) boathouse on lots abutting navigable water which, incidental to the residential principal use when located on the same lot not occupied by nor involving the conduct of a business or home occupation. (4) Home occupation. (5) Family clay care center. (6) Group homes licensed, operated or permitted under authority of Wisconsin Department of Health and Social Services with eight (8) or fewer persons. (7) Public park, including all accessory structures, parking lots, signage and any other park related structures. (8) Conditional Uses Adaptive reuse of an institutional, quasi- public, public or other specific/special building to a neig hborhood or ientated com mercia l or housing use. (Revised 7114108) • Hr>: censer • Cemetery • Church • Commercial greenhouse and nursery • Community center • Day care center • Funeral home • Governmental structures • Group home licensed, operated, or permitted under authority of Wisconsin Department of Health and Social Services with nine (9) or more persons. • Hospital • Municipal structure • Museum • Nursing home • Parking lot • Public utility structures • Retirement community • School, public and private (including kindergarten, elementary and high school) • Swimming club, private (non- profit) City of Oshkosh Chapter 34 — Page 31 Municipal Code 5A City of Oshkosh ARTICLE VI. COMMERCIAL DISTRICTS SECTION 30 -24 C -1 NEIGHBORHOOD BUSINESS DISTRICT [ Municipa[ Code Revised 12/31109 (A) Permitted Uses (1) Any use permitted in the R -5 Multiple Dwelling unless otherwise provided in this Chapter. (2) Antique sale --- �-------- _��= -=_.s. (3) Auction establishment (4) Barber shop, beauty parlor (5) Clinic, medical or dental office building (6) Food products (retail): bakery (on premise sales only), beer depot, fruit and vegetable store, grocery store, meat and fish market, package liquor, tea and coffee store. (7) Furniture upholstering, refinishing and repair, to include sales (8) Interior decorating studio (9) Laundromat (coin operated), cleaners and dryers (collection and distribution depot only). (10) Marina and aquatic nursery (11) ( (13) (14) (15) (16) (17) (1 S) (19) Photographer studio Private club or lodge Professional service office, real estate, insurance Restaurant Retail store: such as but not limited to art shop, drug store, pharmacy, gift shop, hobby store, music store, newsstand, picture framing, radio store. Shoe repair, tailor shop Tavern Television and appliance repair shop Any use similar to the above City of Oshkosh Chapter 30 — Page 57 Municipal Code City of Oshkosh Municipal Code Revised 12/31/09 (20) Conditional Uses • Automobile service facility • Cemetery * Club and semi - public structure • College/university including residence halls • Commercial greenhouse and nursery Day care center • Family day care for nine (9) or more children • Fish market (wholesale) • Funeral home • Homeless shelterlcenter • Hotel /motel directional sign • Mental or pUchiatric hospital * Mixed commercial / residentia • ar i g lot • Public Utility structure • Restaurant with drive -up or drive -thru • Schools, public and private (including nursery, kindergarten, elementary and high school) • Substance abuse treatment facility • Uses permitted in the C -2 General Commercial District, Section 30 -25(A) and C -3 Central Commercial District, Section 30- 26(A), except M -1 Light Industrial District uses. • Wireless telecommunication towers /antennas An application for a conditional use permit shall not be approved unless it complies with the conditions and standards set forth in Section 30 -11 Conditional Use Permits. (B) Standards The following standards shall apply to development undertaken in this district, unless modified by the application of provisions in Section 30 -33 Planned Development Districts, or unless more restrictive standards apply per Section 30 -35 Additional Standards and Exceptions. (1) Residential Structures: Shall meet the standards of the R -5 Multiple Dwelling District, unless otherwise noted below: (a) Side Yard Setback: Ten (10) feet minimum. (b) Lot Area Per Unit: Three thousand six hundred (3,600) square feet minimum. (2) Mixed Commercial /Residential Structures: Are permitted by conditional use permit, and .shall meet all conditions of conditional use approval, and shall meet the standards for principal commercial structures, unless otherwise noted below: (a) No separate residential structure is permitted on the same lot with a non - residential or mixed commerciallresidential structure. (b) Dwelling Unit Area: Four hundred (400) square feet minimum. (c) Height: Forty -five (45) feet maximum. City of Oshkosh Chapte€ 30 — Page 58 Municipal Code ir'1 City of Oshkosh Municipal Code Revised /21311109 SECTION 30 -25 C -2 GENERAL COMMERCIAL DISTRICT (A) Permitted Uses (1) Any use permitted in the C -1 Neighborhood Business District, except residential uses, unless otherwise provided in this Chapter. - k (2) Bank (3) Bowling alley, dancing school, dance hall, pool and billiard room, skating rink, theater except drive -in theater. (4) Motel and hotel (5) News agency (6) Photography studio and supplies (7) Printing and engraving establishments, except newspaper and book publishing. (8) Retail stores: such as but not limited to appliance, book, clothing store, dry goods, dress shop, electrical supplies, florist shop, furniture, hardware, heating, hosiery shop, jewelry, monument sales, music, notions, optical, paint, plumbing, radio, stationary, shoe, tailor shop, television, tobacco and pipe. (9) Restaurant (10) . Any use similar to the above. (11). Conditional Uses • Animal hospital and pet shop • Automobile service facility • Cemetery • Club and semi - public structure • College/university residence halls • Commercial greenhouse and nursery • Day care center • Fish market (wholesale) • Funeral home • Hotel /motel directional signs • Kindergarten school • Mental or psychiatric hospital • Mixed commercial /residential • New and used automobile sales Nursery school • Parking lot • Public utility structure • Restaurant with drive -up or drive -thru City of Oshkosh Chapter 30 — Page 60 Municipal Code E City of Oshkosh Municipal Code Revised 12/31/09 • Uses permitted in the M -1 Light Industrial District, Section 30 -28(A) • Vocational school • Wireless telecommunication tower /antennas • Wholesale or distributing establishment of electrical supplies or prepackaged convenience foods. An application for a conditional use permit shall not be approved unless it complies with the conditions and standards set forth in Section 30 -11 Conditional Use Permits. (B) Standards The following standards shall apply to development undertaken in this district, unless modified by the application of provisions in Section 30 -33 Planned Development Districts, or unless more restrictive standards apply per Section 30 -35 Additional Standards and Exceptions. (1) Mixed Commercial /Residential Structures Are permitted by conditional use permit and shall meet all conditions of conditional use permit approval and, shall meet the standards for principal commercial structures unless otherwise noted below: (a) Upper Floor Residential Only: Residential uses are limited to upper floor areas. No separate residential structure is permitted on the same lot with a non - residential or mixed commercial/ residential structure. (b) Dwelling Unit Area: Four hundred (400) square feet minimum. (c) Height: Forty -five (45) feet maximum. (d) Off - Street Parking: In accordance with Section 30 -36 Off- Street Parking and Loading Facilities. (2) Principal Commercial Structures (a) Height: Forty -five (45) feet maximum. (b) Side Yard Setback: Ten (10) feet minimum. (c) Front Yard Setback: Twenty -five (25) feet minimum. (d) Rear Yard Setback: Twenty -five (25) feet minimum, however, parking shall be allowed with a five (5) foot minimum setback, provided a five (5) foot landscaped buffer is provided. (e) Off - Street Parking: In accordance with Section 30 -36 Off - Street Parking and Loading Facilities. (3) Accessory Commercial Structures (a) Must be customary and incidental to the allowed principal uses including the processing or treatment of products clearly incidental to the conduct of a retail business on the premises. Accessory uses may not exceed forty (40) percent of floor area of the structure. City of Oshkosh Chapter 30 — Page 61 Municipal Code 0 ' City of Oshkosh ARTICLE VII. INDUSTRIAL DISTRICTS SECTION 30 -28 M -'I LIGHT INDUSTRIAL DISTRICT (A) Permitted Uses Municipal Code Revised 12/31/09 (1) Any use permitted in the C -3 Central Commercial District except hotels, motels, dwellings and any other residential uses. (2) Blacksmithing and tinsmithing, machine shop (3) Enameling and painting (4) Knitting mill and the manufacture of products from finished fabric. (5) Laboratory - experimental or testing (6) Manufacture and bottling of beverages (7) Manufacture of articles made from previously prepared materials such as: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi - precious metals or stone, shell, textiles, wax, wire, yarns and the like. (8) Manufacture of cigars, cigarettes and smoking tobacco (8) Manufacture of goods from plastic (10) Manufacture of musical instruments, toys, novelties, rubber or metal stamps, and other small, molded rubber products, fabrication and repair of electric or neon signs or other commercial advertising structures and light sheet metal products. (11) Manufacture of products from paper, but not manufacture of paper or pulp. (12) Manufacture of products from wood, except the manufacture of paper pulp and plastics. (13) Manufacture of sporting goods, home and office appliances and supplies. (14) Manufacture of water heating and treatment equipment. (15) Repair and_ assembly of vehicles, including the repair and storage of automotive accessories, except the wrecking of motor - propelled vehicles. (16) Service industry, such as a laundry, cleaning and dyeing establishment or similar use. (17) Contractor's yards, except the storage of wrecked and dismantled vehicles, junk, explosives, or inflammable gases or liquids in bulk quantities. (18) The manufacture, compounding, processing, packaging or treatment of the following goods, materials and products: bakery goods, candy, cosmetics, pharmaceuticals, toiletries and flood products except the following: meat Products, sauerkraut, cabbage by- products, vinegar, yeast and the rendering of fats and oils. City of Oshkosh Chapter 30 — Page 74 Municipal Code 10 City of Oshkosh Municipal Code Revised 12/31/49 (10) Truck or transfer terminal, freight house, or bus garage and repair shop. (20) Wholesale or distributing establishment or warehouse or wholesale market. (21) Other uses of a similar character to the above uses and no more objectionable by reason of the emission of odor, dust, smoke, gas, fumes, noise or vibration. (22) 'Such accessory uses and the open storage of any materials, other than those associated with auto wrecking, junk yards, and similar storage of salvage operations, as are customary in connection with the foregoing uses. (23) Conditional Uses • Automobile service facility • Day care center • Extraction of sand, gravel, and other raw materials • Flea market • Hotel /motel directional signs • Mental or psychiatric hospital • Oil drilling, development, and refining operations Public utility structure Restaurant with drive -up or drive -thru • Vocational school An application for a conditional use permit shall not be approved unless it complies with the conditions and standards set forth in Section 30 -11 Conditional Use Permits. (13) Standards The following standards shall apply to development undertaken in this district, unless modified by the application of provisions in Section 30 -33 Planned Development Districts, or unless more restrictive standards apply per Section 30 -35 Additional Standards and exceptions. (1) Principal Structures (a) Height: No restrictions unless required by other provisions of this Chapter. (b) Front Yard Setback: Twenty -five (25) feet minimum. The front yard shall be entirely devoted to landscaping, except for necessary paving of driveways and sidewalks to reach parking and loading areas inside or rear yards. (c) Side Yard Setback: Ten (10) feet minimum. (d) Rear Yard Setback: Twenty -five (25) feet minimum. (2) Accessory Structures (a) Front Yard Setback: Sixty (60) feet minimum. (b) Accessory structures shall not be located less than ten (10) feet behind the principal structure. City of Oshkosh Chapter 30 — Page 75 Municipal Code II REZONING SMERLING JOYCE M HAMER JOHN J /TAMMY M 1839 -1861 OREGON ST 1835 OREGON ST 1834 OREGON ST PC: 07 -17 -12 OSHKOSH WI 54902 6964 OSHKOSH WI 54902 6965 SCHMICK LARRY G /THERESE 4431 SWALLOW BANKS LN OSHKOSH WI 54904 9347 TESCH -HABLE BARBARA 1836 ARIZONA ST OSHKOSH WI 54902 6934 BINNER SCOTT 1847 OREGON ST OSHKOSH WI 54902 6964 NEITZEL SCOT 1846 OREGON ST OSHKOSH WI 54902 6979 DELAP JAY A 1853 OREGON ST OSHKOSH WI 54902 6964 HERRELL DEVELOPMENT LLC 820 POWERS ST OSHKOSH WI 54901 4009 DISCHER MELVIN W /BRUCE 1430 W 9TH AVE OSHKOSH WI 54902 6210 ANDERSON JAMIE 923 S MAIN ST OSHKOSH WI 54902 6017 MOORE MICHAEL K /PAULA 1856 OREGON ST OSHKOSH WI 54902 6979 RIDGEVIEW INVESTMENTS LLC 6228 COUNTY RD N PICKETT WI 54964 9533 BERNDT ALLAN L 6083 SCHNEIDER DR HAZELHURST WI 54531 9533 HOLZHAUSEN TODD G 216 W 19TH AVE OSHKOSH WI 54902 6928 SHEAR IMAGES LLC 1861 OREGON ST OSHKOSH WI 54902 6964 SCHUMACHER KEITH D /MICHELE 60 JACOB AVE OSHKOSH WI 54902 7397 12 1 13 I S a� T loo I I I 101.9' L A�A 5 fr 1 � M °❑ 1_� r 00 I Q N ! 1 I 00 r [p 00 i r i ! - o 1 135.9' i i i LI LV Lj C M N N i N i UJ 75.0• 552 1 u tl° i t7J 135.0' j I r }3 b 135.9' CO r `� IEryj� j 152.4 135.0' ! ji 1350 120P I 00 1 I i - 195.0' i \/ r.._.- ._.- .-- r ._. -._._- ._- _---- ._.-. ! ------ BROC 67 161 135. I� f35.0. '� �i3ti 42.0' 48.0' / I ! r9 Lj CT) '-y \ co I § M r CO y LL / b ' m � ' .{ 140,0' I I � WX 61.3' 54.0' 238 J I 1 b co ! m 2 16 I % r 1 I I I i ------.] • ------- ._._ t�f _.1_9TH_PV-E------------------- -._. 00 m 2 1 241 235 r j � 219 211 b Q F - - - - - - j 140.09' 11 45.00' 45.00' y 1 435.0' I 140.00' 1 to 1 m . I I F 6 CD Ell �n F7 i C 2 45,00' 45,00' 5 DISCLAIMER This map is neither a legally recorded map nor OREGON S T AREA a survey and it Is not Intended to'be used as one. This drawing is a compilation of records, data ZO N E. C HAN G E N Of HKO.f H and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference Purposes only. The City of Oshkosh Is not re- sponslble for any Inaccuracies herein contained. Ifdiscropencies are found, the Seale: t i = 104 1 04 iHf W City of Oshkosh Department Of p please contact City of Oshkosh. Community Development Created by - dff 05/09/ 13 IM111 191 _: lritllnlll�llli�� ramilkill �� ._� f1hao �nrr� rt 15 v z i e a � Y � f_ XX c ;_ T12; - vmf v i SUBJECT . w SITE es` q gg- Ai k - "it L _ x -41A 'cs I -y a n 1 A � i,, fill 3 __ j•F.F F ° �g� $ -�: -'rX .. � _�?._ � � -�� L.� �a�Fa� -i L` i V y 4 ' N ' . -_ s- .- � � t ^ } t DISCLAIMER OREGON ST AREA This map is neither a legally recorded map nor a survey and It Is not Intended to be used as one. ZONE CHANGE 'this drawing is a compilation of records, data 0YHKO.IH and Information located In various city, county ON THE WATM and state offices and other sources affecting N the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- _ sponslbl e for any Inaccuracies herein contained. Scale. tr — GOt D ep artment of p If discrepencies are found, please contact the V Community Development CityofOshkosh. 07102// Created by - dff 15