Council expected to settle building heights debate

The perennial debate over building heights in downtown Port Washington was expected to come to an end Wednesday, Nov. 6.

Following a public hearing, the Common Council was expected to act on a proposed ordinance change that would allow shorter buildings near the city’s lakefront and progressively taller buildings to the west.

The proposed ordinance change was approved by the Plan Commission early this year and reviewed by the Common Council, but it didn’t come to aldermen for approval until now because it took longer than expected to draft the ordinance, Bob Harris, the city’s director of planning and development, said.

Building heights have been a hot topic in the city for decades, and officials have expressed concern in recent years about the flexibility in the current ordinance.

That’s because the central business district zoning, which encompasses much of downtown, allows buildings as tall as 35 feet by right, but property owners may seek a taller building height by petitioning the Plan Commission and Common Council, which must approve the height by a two-thirds vote.

In general, the amendment being considered this week allows buildings as tall as 38 feet in the marina district, which includes the area east of the alleyway behind Duluth Trading Co. north to Jackson Street. Also included in that district is the land containing the west slip condominiums.

Just to the west of that, in an area that runs west to Wisconsin Street, the maximum height would be 48 feet.

The block containing the Ozaukee County Historic Courthouse and Administration Center would be capped at 52 feet.

These heights include all rooftop structures, unlike the current ordinance, officials said.

Harris noted in a memo to the council that as the city’s zoning code is rewritten, changes to the standards may be included. They may include new standards for building step-backs — something the Plan Commission considered including earlier this year — as well as accommodations for decorative building features.

Existing buildings that don’t meet the standards will be grandfathered, but if they are damaged or destroyed they may be restored to their existing height, according to the proposed amendment.

However, modifications or additions to these nonconforming buildings must meet the new standards.

Modifications to a nonconforming building over its life can’t exceed 50% of its current assessed value or it must comply with the new standards, the amendment states.

The average height of downtown buildings is 45 feet, not including the Ozaukee County Historic Courthouse or the Lighthouse Condominiums on Lake Street. The courthouse spire is 134 feet tall, while the Lighthouse Condos are 93 feet tall.

Height limits have been an issue in downtown for decades.

In the 1970s, the maximum downtown building height was increased from 35 feet to 85 feet, but there was significant outcry from the public when the Lighthouse Condo building was approved.

Because of the backlash, the city repealed the overlay district that allowed it, essentially allowing only 35-foot structures.

But over time that was considered too restrictive, so the city agreed to allow developers to seek special exceptions for buildings as tall as 61 feet — the average height of the Harbor Square development on the southeast corner of Grand Avenue and Franklin Street.