City of Oak Creek

Common Council Report

Meeting Date:  August 16, 2005

Item No.:         11

Recommendation:  That the Council consider Ordinance No. 2366 amending section 17.0501 of the municipal code regarding accessory uses.

Background:  City staff is requesting a zoning text amendment to Section 17.0501 of the Zoning Ordinance.  This section states:

“Accessory uses and structures are those that are usually and customarily incidental to the principal use that is located on the same property, or on an adjacent parcel under the same ownership, as the accessory use or structure.”

Staff would like the text that reads “or on an adjacent parcel under the same ownership” eliminated from the ordinance.  The City has been receiving numerous requests by property owners to place accessory uses such as parking lots on separate parcels that are adjacent to parcels where the principal use is.  Under the revised ordinance, property owners requesting accessory use approvals would be required to keep all accessory uses on the same parcel as the principal use or join the adjacent parcel(s) by Certified Survey Map.  The rationale for this change is that if a property owner were to sell off a parcel with only an accessory use on it, such as a parking lot, the use would become non-conforming upon change of ownership.

The Plan Commission has reviewed this proposed amendment, and has recommended that it be approved.

Fiscal Impact:  There is no fiscal impact associated with this change.

Prepared by: Doug Seymour, AICP Director of Community Development

Fiscal Review by: Beverly A. Buretta, CMC City Clerk