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HomeMy WebLinkAboutChapter 30 - Article VI - Overlay Zoning Districts City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. Article VI: Overlay Zoning Districts Section 30-150: Purpose The purpose of this Article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in Article 11 of this Chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include protections against natural hazards, protections of valued natural and cultural resources, special design guidelines, and measures to ensure compatibility with airport flight operations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V. Section 30-151: How to Use This Article A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this Article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district. For each overlay district established in this Article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the development regulations. Section 30-152: Overlay Zoning Districts For the purpose of this Chapter, the following overlay zoning districts are hereby established. AP-0 Airport Overlay C-0 Campus Overlay FP-O Floodplain Overlay LR-O Lakefront Residential Overlay PD-0 Planned Development Overlay RF-O Riverfront Overlay SL-O Shoreland Overlay TND-O Traditional Neighborhood Design Overlay NTD-O Neo-Traditional Development Overlay UT-0 University Transition Overlay --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page I Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. Section 30-153: Map of Overlay Zoning Districts Except where otherwise indicated in this Article, the overlay zoning districts are represented on the Official Zoning Map, adopted and from time to time amended by the City of Oshkosh. Section 30-154: (AP-0) Airport Overlay Zoning District The terms, provisions, and regulations pertaining to the uses of land and the height and bulk of obstructions to aerial navigation contained in the Winnebago County Airport Zoning Ordinance adopted by the Winnebago County Board of Supervisors, and any additions, deletions and modifications thereto, apply to property within the City of Oshkosh. Section 30-155: (C-0) Campus Overlay Zoning District (A) Intent. The purpose of this overlay district is to recognize the presence and importance of large-scale governmental, office, educational, medical, and research and development facilities in the City, to facilitate their development, and to coordinate their futures with those of their neighbors and the community as a whole. This district is also intended to: (1) Permit appropriate campus growth, while minimizing adverse impacts associated with modifications, infill development, and/or expansion. (2) Recognize the sharing of parking, green space, and other efficiencies that come with integrated campus planning and development. (3) Balance the ability of a campus to evolve and the public benefits associated with such development with the need to protect the livability and vitality of nearby properties and neighborhoods. (4) Encourage the preparation of Campus Master Plans that establish full conforming zoning status, facilitate predictable campus development, and enable nearby property owners, residents and the community to understand short-term development proposals, impacts and mitigation strategies within the context of long-term development possibilities. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 2 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (B) Ownership. An area of land proposed to be developed with Campus zoning shall be under the control of a single owner, partnership, corporation, or other cooperating property owners, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record such covenants, easements, and other provisions with the county. (C) Interim Campus Zoning. The following shall apply to properties zoned Campus prior to the adoption of a Campus Master Plan. (1) All existing land uses, structures, paved areas, and lots are legal and conforming, consistent with Article V. (2) For each Campus zoning district, the regulations of the Institutional zoning district shall serve unless and until the Campus Master Plan is approved by the City. (D) Land Use Regulations. The following shall apply to properties with Campus zoning following the adoption of a campus master plan: (1) All land uses and development (including but not limited to buildings, structures, paved areas, fixtures, landscaping, and signage) existing as of the date of Campus Master Plan approval which are depicted on the approved Campus Existing Conditions Graphic and/or listed on the approved Campus Existing Development Inventory, shall be considered as fully legal, conforming land uses and development, unless explicitly identified by the City within the Campus Master Plan approval documentation as having a legal nonconforming or nonconforming status. (2) Proposed land uses, buildings, paving, and other development which are located within the Campus district, and which are consistent with the approved Campus Plan Graphic and Campus Plan Development Inventory, shall be considered, reviewed and approved prior to the time of their development, per Section 30-388. Such uses shall be permitted by right, subject to site plan approval by the City. (3) Specific land uses and development within the Campus district which are inconsistent with an approved Campus Plan Graphic and Campus Plan Development Inventory shall be reviewed as conditional uses. See Section 30- 388(D) for expired Campus Master Plans. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 3 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (a) If a proposed conditional use permit (alone or in combination with previously approved conditional use permits enacted since the adoption of the Campus Master Plan) would cause significant changes to the original Campus Master Plan as adopted, a new or updated CMP may be required at the discretion of the Director of Community Development, or designee. (4) A Planned Development may be proposed, considered and approved within any portion of the area of an approved Campus Master Plan, and if approved, shall supersede explicitly approved provisions of the Campus Master Plan and the Zoning Ordinance, for the area included within the boundaries of the Planned Development. (E) See Section 30-388 for the process to establish Campus zoning. (F) See Section 30-388(E) for the Campus Master Plan requirements. Section 30-156: (FP-0) Floodplain Overlay Zoning District (A) Title. This ordinance shall be known as the "Floodplain Zoning Ordinance for the City of Oshkosh, Wisconsin." (B) Statutory Authorization, Finding of Fact, Statement of Purpose. (1) Statutory Authorization. This Ordinance is adopted pursuant to the authorization in Section 62.23 and the requirements in Section 87.30, Stats. (2) Finding of Fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base. (3) Statement of Purpose. This Ordinance is intended to regulate floodplain development to: (a) Protect life, health and property; (b) Minimize expenditures of public funds for flood control projects; (c) Minimize rescue and relief efforts undertaken at the expense of the taxpayers; (d) Minimize business interruptions and other economic disruptions; (e) Minimize damage to public facilities in the floodplain; (f) Minimize the occurrence of future flood blight areas in the floodplain; --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 4 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (g) Discourage the victimization of unwary land and homebuyers; (h) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and (i) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. (C) Definitions Rules of Construction. Unless specifically defined, words and phrases in this Ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. (1) A-zones: Those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. (2) Accessory structure or use: A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. (3) Base flood: Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. (4) Basement: Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides. (5) Building: See Structure. (6) Bulkhead line: A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to Section 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this Ordinance. (7) Campground: Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 5 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (8) Camping unit: Any portable device,no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle. (9) Certificate of compliance: A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this Ordinance. (10) Channel: A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. (11) Crawlways or crawl space: An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. (12) Deck: An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation. (13) Department: The Wisconsin Department of Natural Resources. (14) Development: Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement;the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. (15) Dryland access: A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. (16) Encroachment: Any fill, structure, equipment, building, use or development in the floodway. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 6 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (17) Existing manufactured home park or subdivision: A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this Ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. (18) Expansion to existing mobile/manufactured home park: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. (19) Federal Emergency Management Agency (FEMA): The Federal agency that administers the National Flood Insurance Program. (20) Flood Insurance Rate Map (FIRM): A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. (21) Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: (a) The overflow or rise of inland waters, (b) The rapid accumulation or runoff of surface waters from any source, (c) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior, or (d) The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. (22) Flood frequency: The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent (%) chance of occurring in any given year. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 7 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (23) Floodfringe: That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. (24) Flood Hazard Boundary Map: A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. (25) Flood insurance study: A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. (26) Floodplain: Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. (27) Floodplain island: A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. (28) Floodplain management: Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. (29) Flood profile: A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. (30) Floodproofing: Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. (31) Flood protection elevation: An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: FREEBOARD.) --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 8 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (32) Flood storage: Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. (33) Floodway: The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. (34) Freeboard: A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. (35) Habitable structure: Any structure or portion thereof used or designed for human habitation. (36) Hearing notice: Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class I notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. (37) High flood damage potential: Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. (38) Historic structure: Any structure that is either: (a) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district, (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 9 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. (39) Increase in regional flood height: A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. (40) Land use: Any nonstructural use made of unimproved or improved real estate. (Also see development.) (41) Manufactured home: A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." (42) Mobile recreational vehicle: A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." (43) Municipality or municipal: The county, city or village governmental units enacting, administering and enforcing this Zoning Ordinance. (44) NGVD or National Geodetic Vertical Datum: Elevations referenced to mean sea level datum, 1929 adjustment. (45) New construction: For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 10 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. (46) Nonconforming structure: An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this Ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) (47) Nonconforming use: An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this Ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) (48) Obstruction to flow: Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. (49) Official Floodplain Zoning Map: That map, adopted and made part of this Ordinance, as described in Section 30-156(D)(2), which has been approved by the Department and FEMA. (50) Open space use: Those uses having a relatively low flood damage potential and not involving structures. (51) Ordinary Highwater Mark: The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. (52) Person: An individual, or group of individuals, corporation, partnership, association, municipality or state agency. (53) Private sewage system: A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. (54) Public utilities: Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page I I Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (55) Reasonably safe from flooding: Means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings. (56) Regional flood: A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. (57) Start of construction: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (58) Structure: Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. (59) Subdivision: Has the meaning given in Section 236.02(12), Wis. Stats. (60) Substantial damage: Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 12 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (61) Unnecessary hardship: Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. (62) Variance: An authorization by the Board of Appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the Floodplain Zoning Ordinance. (63) Violation: The failure of a structure or other development to be fully compliant with the Floodplain Zoning Ordinance. A structure or other development without required permits,lowest floor elevation documentation,floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. (64) Watershed: The entire region contributing runoff or surface water to a watercourse or body of water. (65) Water surface profile: A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. (66) Well: Means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. (D) General Provisions (1) Areas to be Regulated. This Ordinance regulates all areas that would be covered by the regional flood or base flood. (a) Note: Base flood elevations are derived from the flood profiles in the Flood Insurance Study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A-Zones on the Flood Insurance Rate Map. (2) Official Maps & Revisions. The boundaries of all floodplain districts are designated as floodplains or A-Zones on the maps listed below and the revisions in the City of Oshkosh Floodplain Appendix. Any change to the base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 13 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. FEMA before it is effective. No changes to regional flood elevations (RFE's) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Zoning Administrator, City of Oshkosh. If more than one map or revision is referenced, the most current approved information shall apply. (a) Official Maps: Based on the FIS. (i) Flood Insurance Rate Maps (FIRM), dated 3/17/2003; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 3/17/2003. Approved by: The DNR and FEMA (3) Establishment of Districts. The regional floodplain areas are divided into three districts as follows: (a) The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters. (b) The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway. (c) The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood. (d) Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.[created 1/22/19] (4) Locating Floodplain Boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in paragraphs (a) or (b) below. If a significant difference exists, the map shall be amended according to Section 30-156(L). The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre- development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to Section 30-156(K)(3)(c) and the criteria in (a) and (b) below. (a) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 14 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the Department. (i) Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to Section 30-156(L)(1)(f). (5) Removal of Lands from Floodplain. Compliance with the provisions of this Ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Section 30-156(L). (a) Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC). (6) Compliance. Any development or use within the areas regulated by this Ordinance shall be in compliance with the terms of this Ordinance, and other applicable local, state, and federal regulations. (7) Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Section 30.2022, Stats., applies. (8) Abrogation and Greater Restrictions. (a) This Ordinance supersedes all the provisions of any municipal Zoning Ordinance enacted under Section 62.23 for cities or Section 87.30, Stats. If another Ordinance is more restrictive than this Ordinance, that Ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (b) This Ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 15 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (9) Interpretation. In their interpretation and application, the provisions of this Ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this Ordinance, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance. (10) Warning and Disclaimer of Liability. The flood protection standards in this Ordinance are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This Ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this Ordinance create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this Ordinance. (11) Severability. Should any portion of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected. (12) Annexed Areas for Cities and Villages. The Winnebago County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an Ordinance,which meets the requirements of Ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway. (13) General Development Standards. The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 16 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this Ordinance. (E) General Standards Applicable to All Floodplain Districts. (1) Hydraulic and Hydrologic Analysis (a) Except as allowed in par. (c) below, no floodplain development shall: (i) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or (ii) Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot. (b) The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of sub. 3. are met. (c) Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this Ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 30-156(L). (i) Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM map. Any such alterations must be reviewed and approved by FEMA and the DNR. (2) Watercourse Alterations. (a) No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 17 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the zoning administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required. (3) Chapter 30 and 31, WIS. STATS., Development. Development which requires a permit from the Department, under chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFE's established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to Section 30-156(L). (4) Public or Private Campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (a) The campground is approved by the Department of Health and Family Services. (b) A land use permit for the campground is issued by the zoning administrator. (c) The character of the river system and the elevation of the campground is such that a 72-hour warning of an impending flood can be given to all campground occupants. (d) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation. (e) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated by the officials identified in sub. (d) to remain in compliance with all applicable regulations, including those of the State Department of Health and Family Services and all other applicable regulations. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 18 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (f) Only camping units are allowed. (g) The camping units may not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. (h) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section. (i) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section. (j) All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either Section 30-156(F) or Section 30-156(G) for the floodplain district in which the structure is located. (k) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued. (1) All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation. (F) Floodway District (FW) (1) Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Section 30-156(H)(4). (2) Permitted Uses. The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if: • they are not prohibited by any other Ordinance; • they meet the standards in Section 30-156(F)(3) and 30-156(F)(4); and • all permits or certificates have been issued according to Section 30-156 (K)(1): (a) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 19 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. (c) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Section 30-156(F)(3)(d). (d) Uses or structures accessory to open space uses, or classified as historic structures that comply with Section 30-156(F)(3) and 30-156(F)(4). (e) Extraction of sand, gravel or other materials that comply with Section 30- 156(F)(3)(d). (f) Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chs. 30 and 31, Stats. (g) Public utilities, streets and bridges that comply with Section 30-156 (F)(3)(c). (3) Standards for Developments in Floodway Areas. (a) General (i) Any development in floodway areas shall comply with Section 30- 156(E) and have a low flood damage potential. (ii) Applicants shall provide the following data to determine the effects of the proposal according to Section 30-156(E)(1): (aa) A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or (bb) An analysis calculating the effects of this proposal on regional flood height. (iii) The zoning administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for par. (ii) above. (b) Structures. Structures accessory to permanent open space uses, classified as historic structures, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 20 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (i) The structure is not designed for human habitation and does not have a high flood damage potential; (ii) It must be anchored to resist flotation, collapse and lateral movement; (iii) Mechanical and utility equipment must be elevated to, or floodproofed to or above the flood protection elevation; and (iv) It must not obstruct the flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (c) Public Utilities, Streets and Bridges. Public utilities, streets and bridges may be allowed by permit, if: (i) Adequate floodproofing measures are provided to the flood protection elevation; and (ii) Construction meets the development standards of Section 30- 156(E)(1). (d) Fills or Deposition of Materials. Fills or deposition of materials may be allowed by permit, if: (i) The requirements of Section 30-156(E)(1) are met; (ii) No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to Ch. 30, Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other requirements of this section are met; (iii) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and (iv) The fill is not classified as a solid or hazardous material. (4) Prohibited Uses. All uses not listed as permitted uses in Section 30-156(F)(2) are prohibited, including the following uses: (a) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses; (b) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 21 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (c) Uses not in harmony with or detrimental to uses permitted in the adjoining districts; (d) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. COMM 83, Wis. Adm. Code. (e) Any public or private wells which are used to obtain potable water,except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; (f) Any solid or hazardous waste disposal sites; (g) Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; (h) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. (G) Floodfringe District (FF) (1) Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Section 30-156(H)(4). (2) Permitted Uses. Any structure, land use, or development is allowed in the floodfringe district if the standards in Section 30-156(G)(3) are met, the use is not prohibited by this or any other Ordinance or regulation and all permits or certificates specified in Section 30-156(K)(1)) have been issued. (3) Standards for Development in Floodfringe Areas. Section 30-156(E)(1) shall apply in addition to the following requirements according to the use requested. (a) Residential Uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or exceed the following standards: (i) The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures if the --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 22 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. elevations of existing streets or sewer lines makes compliance with the fill standards impractical; (ii) The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation; (iii) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in par. (iv). (iv) In developments where existing street or sewer line elevations make compliance with par. (iii) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if: (aa) The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or (bb) The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Department. (b) Accessory Structures Or Uses (i) Except as provided in par. (ii), an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation. (ii) An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation provided that it is subject to flood velocities of no more than two feet per second and that it meets all of the provisions of Sections 30-156 (17)(3)(b)(i), (ii), (iii), (iv) and 30-156(G)(3)(e) below. (c) Commercial Uses. Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of Section 30- 156(G)(3)(a) to the requirements of sub. (f), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 23 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (d) Manufacturing and Industrial Uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other flood proofing measures in Section 30-156(K)(5). Subject to the requirements of sub. (e), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (e) Storage of Materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Section 30-156(K)(5). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. (f) Public Utilities, Streets and Bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (i) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with Section 30-156(K)(5)to the flood protection elevation; (ii) Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (g) Sewage Systems. All on-site sewage disposal systems shall be floodproofed, pursuant to Section 30-156(K)(5), to the flood protection elevation and shall meet the provisions of all local Ordinances and Ch. COMM 83, Wis. Adm. Code. (h) Wells. All wells shall be floodproofed, pursuant to Section 30-156(K)(5), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code. (i) Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas. (j) Deposition of Materials. Any deposited material must meet all the provisions of this Ordinance. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 24 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (k) Manufactured Homes (i) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. (ii) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: (aa) have the lowest floor elevated to the flood protection elevation; and (bb) be anchored so they do not float, collapse or move laterally during a flood. (iii) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in Section 30-156(G(3)(a). (1) Mobile Recreational Vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Section 30-156(G)(3)(k)(ii) and (iii). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. (H) General Floodplain District (GFP) (1) Applicability. The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and floodfringe districts shall be delineated when adequate data is available. (2) Permitted Use. Pursuant to Section 30-156(H)(4), it shall be determined whether the proposed use is located within a floodway or floodfringe area. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 25 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (a) Those uses permitted in floodway (Section 30-156(F)(2)) and floodfringe areas (Section 30-156(G)(2)) are allowed within the general floodplain district, according to the standards of Section 30-156(H)(3), provided that all permits or certificates required under Section 30-156(K)(1) have been issued. (3) Standards for Development in the General Floodplain District. Section 30-156 (F) applies to floodway areas, Section 30-156(G) applies to floodfringe areas. The rest of this Ordinance applies to either district. (4) Determining Floodway and Floodfringe Limits. Upon receiving an application for development within the general floodplain district, the zoning administrator shall: (a) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; (b) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries: (i) A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information; (ii) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information; (iii) Profile showing the slope of the bottom of the channel or flow line of the stream; (iv) Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 26 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (c) Transmit one copy of the information described in pars. (a) and (b) to the Department Regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of Section 30-156(j)(1)(b)(iii) apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations. (1) Flood Storage District (1) General. The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations. (a) Applicability. The provisions of this division apply to all areas within the Flood Storage District as shown on the official floodplain zoning maps. (b) Permitted Use. Any structure, land use or development is allowed in the underlying zoning district if the standards in Section 30-156(l)(1)(c) are met, the use is not prohibited by this or any other Ordinance or regulation and all permits or certificates specified in Section 30-156(K) have been issued. (c) Standards for development in Flood Storage Districts (i) Development in flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood. (ii) No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre- development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost (compensatory storage). (iii) If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district- on this waterway- is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per Section 30-156 (L) of this chapter. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 27 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (iv) No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain. (J) Nonconforming Uses. (1) General (a) Applicability. If these standards conform with Section 62.23(7)(h), Stats., they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this Ordinance or any amendment thereto. (b) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this Ordinance may continue subject to the following conditions: (i) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this Ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered an extension, modification or addition; these include painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 28 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (ii) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this Ordinance; (iii) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; (iv) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this Ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 30-156(G)(3)(a). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; (v) (aa) Except as provided in subd. (b),if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current Ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition exceeds 50% of the structure's present equalized assessed value. (bb) For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under 44 CFR Part 60, or under the regulations promulgated thereunder. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 29 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (vi) A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with Section 30-156(F)(3)(a), flood resistant materials are used, and construction practices and floodproofing methods that comply with Section 30-156(K)(3) are used. (2) Floodway Areas. (a) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition: (i) Has been granted a permit or variance meeting all Ordinance requirements; (ii) Meets the requirements of Section 30-156(j)(1); (iii) Will not increase the obstruction to flood flows or regional flood height; (iv) Any addition to the existing structure shall be floodproofed, pursuant to Section 30-156(K)(3), by means other than the use of fill, to the flood protection elevation; (v) The portions of the structure located below the regional flood elevation must be constructed of flood-resistant materials; (vi) It must be designed to allow for the automatic entry of floodwaters; and (vii) Its use must be limited to parking and/or storage. (b) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and Ch. COMM 83, Wis. Adm. Code. (c) No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement,repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and chs. NR 811 and NR 812, Wis. Adm. Code. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 30 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (3) Floodfringe Areas (a) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in Section 30-156(G)(3), except where Section 30-156(j)(3)(b) is applicable. (b) Where compliance with the provisions of par. (a) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in Section 30-156 (K)(3), may grant a variance from those provisions of par. (a) for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: (i) No floor is allowed below the regional flood elevation for residential or commercial structures; (ii) Human lives are not endangered; (iii) Public facilities, such as water or sewer, will not be installed; (iv) Flood depths will not exceed two feet; (v) Flood velocities will not exceed two feet per second; and (vi) The structure will not be used for storage of materials as described in Section 30-156(G)(3)(e). (c) If neither the provisions of par. (a) or (b) above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition: (i) Meets all other regulations and will be granted by permit or variance; (ii) Does not exceed 60 square feet in area; and (iii) In combination with other previous modifications or additions to the building, does not exceed 50% of the present equalized assessed value of the building. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 31 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (d) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances and Ch. COMM 83, Wis. Adm. Code. (e) All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this Ordinance and Ch. NR 811 and NR 812, Wis. Adm. Code. (K) Administration. Where a zoning administrator, planning agency or a board of appeals has already been appointed to administer a Zoning Ordinance adopted under Section 62.23(7), Stats., these officials shall also administer this Ordinance. (1) Zoning Administrator (a) The zoning administrator is authorized to administer this Ordinance and shall have the following duties and powers: (i) Advise applicants of the Ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. (ii) Issue permits and inspect properties for compliance with provisions of this Ordinance, and issue certificates of compliance where appropriate. (iii) Inspect all damaged floodplain structures and perform a substantial damage assessment to determine if substantial damage to the structures has occurred. (iv) Keep records of all official actions such as: (aa) All permits issued, inspections made, and work approved; (bb) Documentation of certified lowest floor and regional flood elevations for floodplain development; (cc) Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. (dd) All substantial damage assessment reports for floodplain structures. (v) Submit copies of the following items to the Department Regional office: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 32 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (aa) Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; (bb) Copies of any case-by-case analyses, and any other information required by the Department including an annual summary of the number and types of floodplain zoning actions taken. (cc) Copies of substantial damage assessments performed and all related correspondence concerning the assessments. (vi) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office. (vii) Submit copies of text and map amendments and biennial reports to the FEMA Regional office. (b) Land Use Permit. A land use permit shall be obtained before any new development or any repair or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include: (i) General Information (aa) Name and address of the applicant, property owner and contractor; (bb) Legal description, proposed use, and whether it is new construction or a modification; (ii) Site Development Plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain: (aa) Location, dimensions, area and elevation of the lot; (bb) Location of the ordinary highwater mark of any abutting navigable waterways; (cc) Location of any structures with distances measured from the lot lines and street center lines; (dd) Location of any existing or proposed on-site sewage systems or private water supply systems; --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 33 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (ee) Location and elevation of existing or future access roads; (ff) Location of floodplain and floodway limits as determined from the official floodplain zoning maps; (gg) The elevation of the lowest floor of proposed buildings and any fill using National Geodetic and Vertical Datum (NGVD); (hh) Data sufficient to determine the regional flood elevation in NGVD at the location of the development and to determine whether or not the requirements of Section 30-156(F) or 30- 156(G) are met; and (ii) Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Section 30-156(E)(1). This may include any of the information noted in Section 30-156(F)(3)(a). (iii) Data Requirements To Analyze Developments (aa) The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals, as "subdivision" is defined in Chapter 236, Stats., and other proposed developments exceeding 5 acres in area or where the estimated cost exceeds $125,000. The applicant shall provide: (1) An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity; (2) A map showing location and details of vehicular access to lands outside the floodplain; and (3) A surface drainage plan showing how flood damage will be minimized. (4) The estimated cost of the proposal shall include all structural development, landscaping, access and road development,utilities, and other pertinent items,but need not include land costs. (iv) Expiration. All permits issued under the authority of this Ordinance shall expire 180 days after issuance. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 34 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (c) Certificate of Compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator,except where no permit is required, subject to the following provisions: (i) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this Ordinance; (ii) Application for such certificate shall be concurrent with the application for a permit; (iii) If all Ordinance provisions are met,the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed; (iv) The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing measures meet the requirements of Section 30-159(j)(5). (d) Other Permits. The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344. (2) Zoning Agency (a) The Department of Community Development shall: (i) Oversee the functions of the office of the zoning administrator; and (ii) Review and advise the governing body on all proposed amendments to this Ordinance, maps and text. (b) This zoning agency shall not: (i) Grant variances to the terms of the Ordinance in place of action by the Board of Appeals; or (ii) Amend the text or zoning maps in place of official action by the governing body. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 35 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (3) Board of Appeals. The Board of Appeals, created under Section 62.23(7)(e), Stats., is hereby authorized or shall be appointed to act for the purposes of this Ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator may not be the secretary of the Board. (a) Powers And Duties. The Board of Appeals shall: (i) Appeals: Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this Ordinance. (ii) Boundary Disputes: Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map. (iii) Variances: Hear and decide, upon appeal, variances from the Ordinance standards. (b) Appeals To The Board (i) Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed. (ii) Notice And Hearing For Appeals Including Variances (aa) Notice: The Board shall: (1) Fix a reasonable time for the hearing; (2) Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; (3) Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 36 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (bb) Hearing: Any party may appear in person or by agent. The board shall: (1) Resolve boundary disputes according to Section 30- 156(K)(3)(c). (2) Decide variance applications according to Section 30- 156(K)(3)(d). (3) Decide appeals of permit denials according to Section 30- 156(K)(4). (iii) Decision. The final decision regarding the appeal or variance application shall: (aa) Be made within a reasonable time; (bb) Be sent to the Department Regional office within 10 days of the decision; (cc) Be a written determination signed by the chairman or secretary of the Board; (dd) State the specific facts which are the basis for the Board's decision; (ee) Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed,in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; (ff) Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. (c) Boundary Disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: (i) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined. (ii) In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 37 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (iii) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Section 30-156(L). (d) Variance (i) The Board may, upon appeal, grant a variance from the standards of this Ordinance if an applicant convincingly demonstrates that: (aa) Literal enforcement of the Ordinance provisions will cause unnecessary hardship; (bb) The hardship is due to adoption of the Floodplain Ordinance and unique property conditions, not common to adjacent lots or premises. In such case the Ordinance or map must be amended; (cc) The variance is not contrary to the public interest; and (dd) The variance is consistent with the purpose of this Ordinance in Section 30-156(B)(3). (ii) In addition to the criteria in par. (i) to qualify for a variance under FEMA regulations, the following criteria must be met: (aa) The variance may not cause any increase in the regional flood elevation; (bb) Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; (cc) Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the Ordinance. (iii) A variance shall not: (aa) Grant, extend or increase any use prohibited in the zoning district. (bb) Be granted for a hardship based solely on an economic gain or loss. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 38 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (cc) Be granted for a hardship which is self-created. (dd) Damage the rights or property values of other persons in the area. (ee) Allow actions without the amendments to this Ordinance or map(s) required in Section 30-156(L)(1). (ff) Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. (iv) When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record. (4) To Review Appeals of Permit Denials. (a) The Zoning Agency (Section 30-156(K)(2)) or Board (Section 30-156(K)(3)) shall review all data related to the appeal. This may include: (i) Permit application data listed in Section 30-156(K)(1)(b). (ii) Floodway/floodfringe determination data in Section 30-156(H)(4). (iii) Data listed in Section 30-156(17)(3)(a)(ii)(bb) where the applicant has not submitted this information to the zoning administrator. (iv) Other data submitted with the application, or submitted to the Board with the appeal. (b) For appeals of all denied permits the Board shall: (i) Follow the procedures of Section 30-156(K)(3); (ii) Consider zoning agency recommendations; and (iii) Either uphold the denial or grant the appeal. (c) For appeals concerning increases in regional flood elevation the Board shall: (i) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 39 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (ii) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot provided no other reasons for denial exist. (5) Floodproofing (a) No permit or variance shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation. (b) Floodproofing measures shall be designed to: (i) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; (ii) Protect structures to the flood protection elevation; (iii) Anchor structures to foundations to resist flotation and lateral movement; and (iv) Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention. (c) Floodproofing measures could include: (i) Reinforcing walls and floors to resist rupture or collapse caused by water pressure or floating debris. (ii) Adding mass or weight to prevent flotation. (iii) Placing essential utilities above the flood protection elevation. (iv) Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures. (v) Constructing water supply wells and waste treatment systems to prevent the entry of flood waters. (vi) Putting cutoff valves on sewer lines or eliminating gravity flow basement drains. (6) Public Information (a) Place marks on structures to show the depth of inundation during the regional flood. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 40 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) All maps, engineering data and regulations shall be available and widely distributed. (c) All real estate transfers should show what floodplain zoning district any real property is in. (L) Amendments (1) General. The governing body may change or supplement the floodplain zoning district boundaries and this Ordinance in the manner provided by law. Actions which require an amendment include, but are not limited to, the following: (a) Any change to the official floodplain zoning map, including the floodway line or boundary of any floodplain area. (b) Correction of discrepancies between the water surface profiles and floodplain zoning maps. (c) Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain. (d) Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more. (e) Any upgrade to a floodplain Zoning Ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality. (f) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. (2) Procedures. Ordinance amendments may be made upon petition of any interested party according to the provisions of Section 62.23, Stats. Such petitions shall include all necessary data required by Section 30-156(H)(4) and 30-156((K)(1)(b). (a) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Section 62.23, Stats. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 41 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) No amendments shall become effective until reviewed and approved by the Department. (c) All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. (d) For amendments in areas with no water surface profiles, the zoning agency or board shall consider data submitted by the Department, the zoning administrator's visual on-site inspections and other available information. (See Section 30-156(D)(4)) (M) Enforcement and Penalties. Any violation of the provisions of this Ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $75.00 and not more than $500.00 together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this Ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Section 87.30, Stats. Section 30-157: (LR-0) Lakefront Residential Overlay District (A) Intent. The purpose of this overlay district is to accommodate residences located along Lake Winnebago and Lake Butte des Morts-that have unique conditions based on their relationship to the lake frontage. This district is intended to relate to the irregular composition of parcels and ownership relationships found in such areas. (B) Permitted Uses. (1) Principal Uses and Structures: Refer to the underlying zoning district. (2) Accessory Structures: All accessory structures are prohibited in the waterfront yard, except for boathouses, detached decks and patios, gazebos, and water- related structures, as determined by the Director of Community Development, or designee. All accessory structures are prohibited in the street yard, except for garages. All other permitted accessory structures shall be located in the side yard. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 42 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (a) Regulations for Boathouses. (i) One boathouse shall be permitted when located on the same lot as the principal structure. (ii) The maximum floor area of a boathouse shall not exceed 500 square feet. (3) All Other Accessory Uses: Refer to the underlying zoning district and bulk tables under Subsection (5), below. (C) Waterfront lots have a waterfront yard, a street yard, and a side yard. Waterfront lots have no rear yard or front yard. (D) Where the requirements of the Shoreland Zoning Overlay District (Section 30-160) or Floodplain Zoning Overlay District (Section 30-156) supersede these requirements, the Shoreland Zoning Overlay District or Floodplain Zoning Overlay District shall prevail. (E) Density, Intensity, and Bulk Regulations for the (LR-0) Lakefront Residential Overlay District. (1) The following special standards shall apply all properties in the LR-O district. These standards shall only apply when the special standard differs from the standards of the underlying zoning district. In all other respects, the standards set forth for the underlying zoning district apply. Principal Structures Minimum Waterfront Setback 25 feet Minimum Street Setback 25 feet Minimum Side Setback 5 feet Garages Located, irn Street Yards Minimum Street Setback 15 feet Minimum Side Setback 3 feet Minimum Distance from Principal 3 feet Structures --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 43 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code Accessory Buildings Located In Side Yards Meet the minimum setback of Minimum Street Setback the existing structure or the required setback for principal structures, whichever is less. Minimum Side Setback 3 feet Minimum Distance from Principal 3 feet Structures Accessory Buildings Located In Waterfront Yards (Boathouses, detached decks and atlols, gazebos, and water-related. structures only) Minimum Waterfront Setback 3 feet Minimum Side Setback 3 feet Minimum Distance from Principal 3 feet Structures (F) Landscaping/Screening Plan. (1) Where reduced setbacks apply to principal or accessory structures, (i.e. structures are built to a setback that would not be permitted in the underlying zoning district), such structures shall be buffered from structures on adjacent properties using landscaping/screening. Permitted types of landscaping/screening may include, but are not limited to, fencing, shrubbery, or both. (2) The property owner shall submit a landscaping/screening plan at the time of permit application. (G) Garage Lots. A garage lot is a lot that does not contain a principal structure and which is located directly across the street or alley from a lot containing a principal residential structure. Typically, garage lots contain a garage or other accessory structure and are under the same ownership as the lot containing the principal residential structure. (1) Principal uses shall not be permitted on garage lots. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 44 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (2) No more than one accessory structure shall be permitted on a garage lot. (3) Deed Restriction. Prior the issuance of a building permit, the garage lot and existing related residential lot shall be deed restricted so as to treat use and transfer of ownership of the two lots as one parcel. (4) Bulk Regulations for Accessory Structures on Garage Lots. -Accessory Structures on Garage Lots Align directly across the street or alley Required Lot Location from the associated lot containing the principal residential structure Minimum Lot Area 1,500 square feet Minimum Lot Width 30 feet Maximum Height Lesser of 18 feet or I story Maximum Structure Area 800 square feet Minimum Front Setback 15 feet Minimum Side Setback 3 feet Minimum Rear Setback 3 feet Section 30-158: (PD-O) Planned Development Overlay District (A) Purpose. The purpose of this overlay district is to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district. In exchange for such flexibility, it is anticipated that development within a Planned Development Overlay District will reflect the City's planning policies as set forth in the City's Comprehensive Plan and offer one or more of the following advantages: (1) Positively contribute to the appearance and function of land uses and site design in the area (2) Promote a greater level of architectural quality and be compatible with other structures in the area (3) Conserve and protect environmentally sensitive areas, areas of natural beauty, and natural green spaces (4) Preserve the cultural and historic character and significance of existing structures or areas --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 45 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (5) Provide substantial buffers and transitions between different land uses and densities (6) Reduce congestion on streets and improve pedestrian and bicycle circulation (B) Intent. Planned developments are intended to encourage, promote, and provide improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land, while ensuring substantial compliance with the basic intent of this Chapter and the City of Oshkosh Comprehensive Plan. To this end, planned developments allow diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. The Planned Development Overlay District shall allow development to be designed, reviewed, approved, constructed, and managed as approved by the Common Council rather than required by the underlying zoning district. (1) The City may permit flexibility in the types of uses, area and yard requirements, off-street parking, and/or other regulations set forth in this Chapter by use of exceptions/base standard modifications subject to the demonstration of their appropriateness for the area under consideration. (2) It is not intended that the City will automatically grant exceptions/base standard modifications in a Planned Development Overlay District, and it is expected the City will grant only such exceptions when they are consistent and comparable with benefits to the community that result from the Planned Development. (3) The City may require, as conditions of approval, any reasonable stipulation, limitation, or design factor which will promote suitable development in the Planned Development Overlay District. (C) Applicability. Areas that may be deemed appropriate for a Planned Development Overlay District include, but are not limited to: (1) Transitional areas that involve locations with a mix of different land uses where new development is proposed in an area of preexisting uses and buildings (2) Infill areas located in a developed area that involve parcels that may have been bypassed during the normal course of urbanization or that have been cleared --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 46 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (3) Redevelopment areas where first or subsequent uses and/or structures are to be replaced by new uses and/or structures (4) Special areas that include locations that are considered community gateways or entryway corridors and those areas identified as special planning areas in the City's Comprehensive Plan (5) Development areas where base zoning standards may not be appropriate and/or needed, and where the developer and community will benefit from a greater level of flexibility in land use and bulk controls (D) See Section 30-387 for the process to establish Planned Development Zoning. (E) See Section 30-387(C)(4) through (5) for the General Development Plan and Specific Implementation Plan requirements. (F) Planned Developments are exempt from the requirements of Section 30-171 Group and Large Developments. Section 30-159: (RF-O) Riverfront Overlay Zoning District (A) Purpose. The purpose of this overlay district is to improve the quality of development along the riverfront by applying enhanced building design standards and land use regulations in the area defined by the mapped boundaries of the Riverfront Overlay District. (B) Land Use Regulations. Refer to the underlying zoning district. (C) See Section 30-245(B) for exterior building design standards applicable to the Riverfront Overlay District. Section 30-160: (SL-O) Shoreland Overlay Zoning District Section 30-160.1: Statutory Authorization and Statement of Purpose (A) Statutory Authorization. This ordinance is adopted pursuant to the authorization in Wis. Stat. sec. 62.23 and 62.233. (B) Purpose. Uncontrolled use of shorelands and pollution of the navigable waters of the City of Oshkosh may adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 47 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (1) Promote the public health, safety, convenience and general welfare. (2) Limit certain land use activities detrimental to shorelands. (3) Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation. Section 30-160.2: Definitions For the purpose of this ordinance: (A) "Structure" means anything constructed or erected, the use of which requires permanent or temporary location on the ground including but not limited to any building, signage, deck, patio, driveway, parking facility, fence, retaining wall, or other improvement. A structure also includes any permanent or temporary appurtenance attached thereto. (B) "Principal Structure" means the main building or structure on a lot or parcel of land intended for the property's primary use, as permitted by the regulations of the zoning district in which it is located. Principal structures include any attachments including but not limited to garage(s), porches and decks. (C) "Accessory Structure" means an uninhabited structure on the same property as a principal structure, not attached to the principal structure, the use of which is incidental to and customary in conjunction with the use of the principal structure. Accessory structures include but are not limited to outbuildings, signage, decks and patios which are not open on all sides (have side walls or screens), driveways, parking facilities, or other similar improvements as determined by the Director of Community Development. (D) "Boathouse" means any permanent accessory structure designed for the purpose of protecting or storing boats and/or related equipment for noncommercial purposes. (E) "Subordinate Structure" means an uninhabited structure on the same property as a principal structure, not attached to the principal structure, the use of which is incidental to and customary in conjunction with the use of the principal structure of the property and is primarily a recreational, landscape or access feature. Subordinate structures include but are not limited to at-grade patios & decks which are open on all sides (no side walls or screens), fencing and retaining walls, landscape features (such as planting beds, flag poles, bird feeders, etc.), outdoor recreational equipment (such as pools, play sets, fire pits, etc.), temporary fixtures (not permanently affixed to the ground that are in place less than 90 calendar days --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 48 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. per year), and similar improvements as determined by the Director of Community Development. (F) "Shoreland" has the meaning given in Wis. Stat. sec. 59.692(1)(b): the area within the following distances from the ordinary high-water mark of navigable waters: (1) One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake, this distance shall be measured from the high-water mark of the lake or to the landward side of the floodplain, whichever distance is greater. (2) Three hundred feet from a river or stream or to the landward side of the floodplain, whichever distance is greater. (G) "Shoreland Setback Area" has the meaning given in Wis. Stat. sec. 59.692(1)(bn): an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of structures has been limited or prohibited under an ordinance enacted under this section. Section 30-160.3: Uses (A) Permitted Uses. Uses permitted within the underlying zoning district for which the Shoreland Overlay District is located. (B) Conditional Uses (1) Uses permitted by conditional use permit within the underlying zoning district for which the Shoreland Overlay District is located. (2) Roads, paths and trails. (3) Filling, grading, lagooning, dredging, ditching and excavating except as provided below: (a) Only filling, grading, lagooning, dredging, ditching and excavating may be permitted by administrative approval if done to minimize erosion, sedimentation and impairment of fish and wildlife habitat as determined by the City of Oshkosh. (b) Filling or grading may be permitted by administrative approval where the fill area is less than 50% of the square footage of the lot provided the following are met: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 49 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (i) Maximum height, as measured from the existing ground elevation at the point of placement, is limited to 3 feet. Limited areas of bank stabilization, backfilling behind rip rap, "pothole filling" or similar measures may exceed this height limitation. (ii) Surface water runoff after fill does not adversely affect upstream or downstream properties. (iii) Fill is setback one foot from the property line, unless both properties are being filled at the same time. (c) Dredging, ditching or excavating that does not adversely affect drainage either upstream or downstream and disposition of materials is in compliance with section (2) above. Section 30-160.4: General Provisions (A) Compliance The use of land within the shoreland area of the City of Oshkosh shall be in full compliance with terms of this ordinance and other applicable local, state and federal regulations. All permitted development shall require the approval of a zoning site plan review, unless otherwise expressly excluded by a provision in this ordinance. (B) Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stat. sec. 13.48(13) applies. (C) Abrogation and Greater Restrictions (1) This ordinance supersedes all the provisions of any other applicable municipal ordinance except that where another ordinance is more restrictive, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (2) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants, or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (D) Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City of Oshkosh and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 50 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (E) Severability. Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. (F) Applicability of Shoreland District Regulations. The Shoreland Overlay District regulations apply only to the following shorelands: (1) A shoreland that was annexed by the City of Oshkosh after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stat. sec. 59.692. (G) District Boundaries. The Shoreland District areas regulated by this ordinance shall include all the lands (referred to herein as shorelands) in the City of Oshkosh that are: (1) Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources Surface Water Data viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps. (2) Within 300 feet of the ordinary highwater mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, soil survey maps or other existing floodplain zoning maps shall be used to delineate floodplain areas. (3) Determinations of navigability and ordinary highwater mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of navigability and/or ordinary highwater mark. (4) Pursuant to Wis. Stat. sec. 61.353(7) or 62.233, the Shoreland Zoning District does not include lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 51 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (H) Effect of Existing Land Division, Sanitary, Zoning and Other Regulations. The lands within the Shoreland Zoning District are subject to all applicable provisions of the City of Oshkosh Municipal Code. Where the provisions of this ordinance are more restrictive than other regulations in the Municipal Code, the provisions of this ordinance shall apply. Section 30-160.5: Setbacks from the Ordinary High Water Mark (A) Setbacks for Structures (other than Boathouses and Subordinate Structures) (1) All structures, except boathouses and subordinate structures shall be set back at least 50 feet from the ordinary high-water mark. (2) Adjustment of Shore Yards. A setback greater or less than 50 feet may be required or allowed, if the following apply: (a) The principal structure is constructed on a lot or parcel immediately adjacent on each side by a lot or parcel containing a principal structure. (b) The principal structure must be constructed a distance greater than or equal to the average setback of the principal buildings on the adjacent lots, however: (i) In no case shall the setback be reduced to a distance less than 35 feet from the ordinary high-water mark. Figure Revised 4.28.20 AVERAGE SETBACK NO LESS THAN 35' 80, ALLOWED 66 50' SHORELINE/ ORDINARY HIGH WATER MARK --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 52 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (B) Boathouses (1) Boathouses, accessory to permitted and conditional uses may be located within the shoreyard, but: (a) Shall not be closer than 3 feet to the ordinary high water mark of a stream, lake, river, pond, or wetland and no closer than 3 feet to any side lot line (b) Shall not exceed I boathouse per shoreyard lot (c) Shall not exceed 500 square feet in horizontal area covered (d) Shall be constructed in such a manner as to orient the main opening of the boathouse toward the body of water and shall be used strictly for the storage of boats and/or water-related recreational accessories. The use of a boathouse for human habitation is prohibited. No plumbing, heating or cooking facilities may be provided in or for a boathouse. (e) Shall not be located in the vegetative buffer zone regulated in Section. 30- 160.6. (C) Subordinate Structures (1) Stairs, ramps and walkways, sized at the minimum necessary for accessibility, are permitted within the shoreland setback when leading in a direct manner to the waterline or a water dependent use such as a dock, pier or boathouse. (2) A reduced setback of 35 feet may be provided for subordinate structures, if: (a) The area for all such structures totals no more than 200 square feet (b) A vegetative buffer is maintained and/or established per Section 30-160.6 below. Section 30-160.6: Vegetative Buffer Zone Pursuant to Wis. Stat. sec. 62.233, a landowner must maintain a vegetative buffer zone, as follows: (A) A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in Subsection (B) or (C) below. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 53 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (B) If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property shall remove the invasive, dead or diseased vegetation and replace it with suitable native shoreland vegetation, as determined by the Director of Community Development. (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 rf greater than 30 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. (1) Said vegetative buffer shall include nativif plant materials approved by the Director of Community Development, with the intent of: 'Yegelo0q, Viewing/ VfgWi[4" Access 44 Corridor (a) Reducing the flow of effluent, sediments, and nutrients from the shoreland to the 30 feet water surface. 100 feet Shoreland Frontaqe (b) Preventing or abating soil erosion. (c) Preserving natural beauty and animal habitat. (d) Providing substantial visual screening of structures from the water. Section 30-161: (TND-0) Traditional Neighborhood Overlay Zoning District (A) Purpose. (1) Traditional Neighborhood Overlay Districts are established to foster strong, vibrant traditional neighborhoods that consist of well-maintained historic homes and well-designed, architecturally compatible new residential construction. Such districts are to be applied in neighborhoods with homes and residences mostly constructed before 1950. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 54 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (2) Therefore, the purpose of the Traditional Neighborhood Overlay District is to implement minimum design standards intended to maintain the unique architectural qualities and features of Oshkosh's older traditional homes; ensure coordinated, compatible design between existing and new homes; minimize adverse impacts on adjacent properties from buildings that may detract from the character and appearance of the district as a whole;and, create strong neighborhood identities and cohesive design through historic home preservation and well-designed,high quality new construction and site design. New residential construction shall be compatible in character with homes in the immediate vicinity, considering scale, style and materials. The Overlay District also seeks to stabilize and increase neighborhood property values and instill a sense of "pride of place" among residents and property owners. (B) Overlay Location (1) Areas that may be deemed suitable and appropriate for a Traditional Neighborhood Overlay District shall: (a) Include a grouping of single and/or two-family homes generally constructed prior to 1950 that retain traditional character of their building styles including, but not limited to, Greek Revival (1830-1850), Gothic Revival (1850-1895), Italianate (1856-1885), Mansard or French Second Empire (1860-1880), Stick (1870-1890), Queen Ann Revival (1880-1900), Shingle Style (1885-1902),Richardsonian Romanesque (1880-1900),Prairie School (1900-1920), Craftsman (1900-1920), American Foursquare (1900- 1920), Bungalow (1900-1940), Tudor Revival (1920s), Colonial Revival (1920-1940), Georgian Revival (1900-1930), and Mediterranean (1920s). (b) The Traditional Neighborhood Overlay District is not intended to be applied to areas where there is no established architectural character or where the areas building character has been so substantially altered by 1AA11 --------------- modern development (post 1950s) or ........... redevelopment (i.e. housing stock that has been significantly altered from its ....... ......... original design or has deteriorated to an extent that the styles are no longer identifiable) ....rl .. WPARKWAYAVE Block face from intersecting street to intersecting street --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 55 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (c) Consist of a minimum area of not less than a block face (both sides of the street) from intersecting street to intersecting street. Once the minimum area is established, additional properties may be added as deemed appropriate. (C) Administration and Enforcement. The Director of Community Development, or designee, shall serve as the Administrator of this Overlay Code. The Administrator shall enforce the provisions of this Code. A Traditional Neighborhood Overlay District may be adopted through a zoning map amendment as a standard overlay district of itself or the overlay district can be used as a model code as a base for the development of a hybrid/modified design standard overlay through the adoption of a Planned Development Overlay District. (1) Adoption Process. (a) Upon receipt of a request to consider application of the Traditional Neighborhood Overlay District or Planned Development Overlay District to an area of the city, an informal review of the area of the proposed overlay will be conducted by the Department of Community Development and if deemed appropriate, a zoning map amendment request and formal review shall be forwarded to the Plan Commission and Common Council for consideration and action. (b) The Plan Commission shall review a request for the overlay designation and make a report and recommendation of denial, approval, or approval with modifications it may deem appropriate to the Common Council. The Common Council shall act to deny, approve, or approve with modifications any request for the overlay designation before them for consideration. (2) Exceptions and Appeals (a) Exceptions. Exceptions to the building architectural standards set forth in this Section may be granted by the Director of Community Development, or designee, to permit substitute building materials or construction methods of comparative quality or design when it can be demonstrated that the provisions of this Section are infeasible and that the granting of such exception is in keeping with the spirit and intent of this Section. Decisions rendered by the Director of Community Development or designee may be appealed to the Plan Commission. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 56 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) Appeals. The Plan Commission is authorized to grant variances from the strict application of the standards within the Overlay crown and an application for an appeal may be made to the Plan Commission when it is claimed AIJ11flf) ........ that the intent of the standards in the Overlay have been ---------------- incorrectly interpreted; do not apply; or their enforcement cause unnecessary hardship. Glazirig, (D) Existing Buildings: Windows and Doors -----------I ...............­­­­­­­­ S111 (1) Purpose. The purpose of this section Elements of o typical double-hung window is to manage design changes to the windows and doors of existing traditional residential homes in overlay districts established by this Section. Along with their primary function of providing adequate light,ventilation and access to a home's interior, windows and doors contribute significantly to a house's overall visual proportions, and image and appearance. Original windows and doors shall be maintained wherever appropriate and technically feasible. New windows and doors shall also be visually and functionally compatible with the home's architectural style and other character-defining features. (2) Applicability to Existing Buildings - The regulations contained in this section of the Overlay Code shall be applicable to changes to existing buildings front or side facade wall surface. In order to ensure that major changes and additions to existing buildings are compatible with the surrounding neighborhood, any change or addition within these districts after the effective date of the Overlay shall be subject to the regulations contained in this section. (3) Definitions. (a) Windows. For the purposes of this overlay code, windows are defined as wall openings fitted with a frame and glass to admit light and air into a building's interior. Windows are located primarily along a home's surface wall openings and in dormers, and include features such as frames, sills, jambs, sashes, muntins and glazing panes (lights). Other features may include casing trim and crown moldings, and decorative wood or stone hoods and lintels. Window types include but are not --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 57 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. limited to double or triple hung, sliding, fixed and casement. Exterior shutters are not considered an integral element of a window. (b) Doors. For the purposes of this overlay code, doors are defined as a Traditional entrance door(left)and movable partition storm door with full glazing(right) or barrier to a house entrance and hinged to one wall. Doors 4-painel Storm Dcoi may be single or double depending on the doorway opening and configuration. Typical door and doorway entrance features include the door,frame, threshold, transoms, sidelights, and any decorative surround casing or molding. The door itself may be full paneled with no glazing panes (lights), half or quartered-paneled with lights, or fully lighted. A door may also be accompanied with storm door that may be constructed in wood, metal, .......... 'X z' fiberglass, polyvinyl chloride (PVC), high /C,.......................... density polyethylene (HDPE) or wood � ) ��� composite. Storm doors are typically half lu or fully glazed or screened. ------- ------- ---------- (c) Front and Side Yard Elevations. A front elevation is defined as the house ........... wall/facade facing a street. A corner side ............................................ yard elevation is defined as a side or Primary house entrance location secondary elevation that faces a street and Existing trim work and casings shall be an interior side yard elevation is defined a maintained whenever feasible secondary elevation facing an internal lot line. (d) Primary House Entrance. A primary house entrance is defined as the main entrance located on a front or corner side elevation that is visible from the public right-of-way and originally designed for day-to-day ingress and egress. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 58 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (4) Windows (a) Window Casings, Trim Work, and Crown Moldings. Casing, trim work, sills, and crown moldings around windows and doorways are significant character-defining and decorative features for traditional homes. They may also provide certain structural functions and protect against water and weather infiltration around windows. The loss of such features can have considerable impact on a home's visual appearance and functional operation. (i) Existing Trim Work. Windows casings, sills, trim work and crown moldings original to the house and existing on front or side facades/elevations shall be repaired and not be removed and replaced unless there is evidence of missing trim work and/or they are significantly deteriorated and beyond feasible repair. Significant deterioration is defined as extensive and substantial cracks, holes and rot that have compromised the trim work's or crown molding's integrity. All casing and trim work shall be maintained by filling all cracks and holes and repainting when necessary. (ii) Replacement Trim Work. For windows on the front or side facades/elevations, replacement trim shall ideally be made of the same materials as the original trim work. Therefore,wood trim shall be replaced by new wood trim wherever appropriate. Substitute materials may include fiber-cement,vinyl, laminated veneer lumber, hardboard, high density polyurethane (HDPE) and other plastic- wood products. The size (width and height) and profile of the replacement trim shall match the size and profile of the original trim work where feasible. If no original trim work remains intact, the size and profile of new trim work shall be compatible with other trim work found on the house or the house's overall architectural style and visual appearance. If all trim work and casing are to be replaced, replacements that are consistent in details/type shall be used for all windows. (iii) Window Sills. Window sills shall only be replaced if there is evidence of significant deterioration. A wood window sill is considered in deteriorated condition if it has extensive cracks, holes and decay, and is not sloped away from the building to shed water. Replacement window sills shall be replaced with similar or other compatible materials and have a drip on the bottom that --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 59 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. prevents water from entering the building under the window assembly. If all window sills are to be replaced, new replacement sills shall be used for all windows. (b) Existing Windows. Existing windows on front or side facades/elevations shall be maintained whenever feasible and not replaced unless there is evidence of significant deterioration or cannot be feasibly repaired. Significant deterioration is defined as extensive cracks or material rot in window jambs, rails and muntins. Missing window hardware will not be considered in assessing a window's condition. (c) Window Replacement. A replacement window on a front or side facades/elevations shall use the existing window opening and match the original window's height to width dimensions wherever feasible. A 5 to 10 percent variation in the height-to-width proportion is allowed if standard sized replacement windows cannot fit into an existing window opening. (i) Replacement Window Style and Placement Patterns. A replacement window's style refers to the window's operation and framing (i.e., one over one, double-hung), materials and glazing (lighting) pattern. In general, a replacement window shall be appropriate and compatible with the style of the original windows and the Double Hung Casement house's overall architectural design features. Replacement windows shall also match original window placement patterns and arrangements; for example, if the original windows were grouped in 2's or 3's, replacement windows shall maintain this pattern. (ii) Replacement Window Framing Options. The first window replacement option is a sash-only replacement where the existing window frame, sill and exterior trim are maintained and in good condition. This option is preferred before others are considered. If this option is not feasible due to significant deterioration of the window frame, block frame replacement windows are recommended for original recessed windows; nail-in frame replacements for windows flush with the exterior walls. These frame types are more appropriate in --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 60 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. maintaining the original window profiles on front or side facades/elevations. (iii) Replacement Window Materials. Replacement window materials shall match the original (i.e., wood for wood, metal for metal). Suitable alternative materials include aluminum, aluminum-clad, fiberglass, steel, vinyl and vinyl-clad windows. (iv) Replacement Window Operation. For front or side facades/elevations, replacement window operation shall match the original (i.e. double-hung for double-hung; casement for casement, etc.) Changes in window operation types are allowed on rear elevations that can't be viewed from the public right-of-way. (v) Window Pane Glazing/Lights. A window's glazing or "divided light" grid or muntins pattern provide texture and character to a building's architectural style and visual character. Replacement windows shall match the original divided light pattern with "true" or "simuloor "simulated" lights with the grids/muntins placed on the outside of the window at a minimum. 4-over-4 2-over-2 1-over-1 Storm-double pane Storm-single pane Typical storm window types (vi) Storm windows. Storm windows in wood and other substitute materials are acceptable as long as they match or are compatible with the window's operational configuration (i.e., double or single-hung for double-hung windows). Substitute materials may include vinyl, aluminum,metal,wood composite and other plastic-wood products. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 61 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (vii) Shutters. Wood, wood composite and PVC shutters may be used for new shutters. Shutters shall relate directly to the size of the window. They may be either operable or fixed and shall be provided with operable hardware (hinges and holdbacks) in either case. Shutters acceptable Shutters Discouraged Acceptable and discouraged shutter sizes (5) Doors (a) Existing Doors and Entrances. Existing doors and entrances are key architectural and visual features contributing to the character of most building's front or side facade s/elevations. Original doors and any surrounding casing, trim work, thresholds and other features shall be retained and repaired unless significantly deteriorated. Significant deterioration may be defined as large cracks or rotting materials and features. (b) Door Replacements. If a door cannot be repaired and must be replaced, the new door shall match the style of the building and the original door wherever feasible. The original material is preferred for replacement doors but composite materials or metal doors are also acceptable. Replacement doors shall match, as closely as possible, the original door's panel and lighting arrangement. Arched doors can be replaced with rectangular doors if necessary. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 62 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (i) Storm Doors. Wood storm doors may be used with exterior doors if the original screen door is missing. Aluminum, metal, vinyl and wood composite storm doors may also be suitable replacements if they match the front door's size, style and panel and lighting pattern. .............. ............. 6-panel 4-panel 2-panel Craftsinan Utieen Anne Storm Door Storm Door w/kick plate --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 63 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (c) Door Openings. All existing door openings on a building's front or side facades/elevations shall be maintained and not closed. If necessary, a primary house entrance (door opening) may be relocated but shall remain on the exterior faqade fronting the street or as a side entrance to a front porch. A secondary house entrance may be allowed on a side yard elevation viewed from the public right-of-way as long as the original entrance is not closed or removed. (E) Existing Buildings: Porches, Decks, Patios and Terraces (1) Purpose. The purpose of this section is to manage changes to existing porches as well as the design and installation of new porches, decks, terraces and patios to traditional residential homes located in overlay districts established by this Section. Porches are significant architectural and character defining features of a traditional home, and they serve as the formal connection between the home and the street. In almost all cases, existing porches and their associated elements shall not be removed or altered to such an extent that they no longer retain their character-defining features nor serve as the formal connection between the house and the street. New porches shall be constructed in locations where original porches once existed and be compatible in style and materials to the existing house. Decks, terraces and patios on existing homes are only permitted when installed on interior side or rear facades and elevations. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 64 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (2) Applicability. (a) Existing Porches, Terraces, Decks and Patios—The regulations contained in this section of the Overlay shall be applicable to changes to existing porches, terraces, decks and patios, such as the restoration/rehabilitation of an existing porch, terraces, decks and patios or its elements, as well as ................................................................................... Roafing ------------------------------------------------------------------------------------------ .. ......,,. .....,... ...„ ... .. ... i Column II � I � III 11 ( ii�i II II IIIIE1' FPiI II %II 1 I III RaiHing Fbo� �� �� I aaa�i �!��aiil!��:���i�l l II I.,. <I<l<<�� __ Yl .............. Steps ------------------------- .................... rsing .................. -----PF .......................... ----------------------------------------------- --------------------------------- I U1:1111111111 --r ............................ J common maintenance repairs, such as the repair of steps, rails, balusters, handrails and skirting of existing traditional residential homes in overlay districts established by this Section. In order to ensure that changes to porches, terraces, decks and patios are compatible with the surrounding neighborhood, any changes or addition within these districts after the effective date of the Overlay shall be subject to the regulations contained in this section. (b) New Construction - The regulations contained in this Overlay shall be applicable to all new porches, terraces, decks or patio construction on existing traditional residential homes in overlay districts established by this Section. To ensure the compatibility of new porches, terraces, decks and patios developed within the overlay district with that of the surrounding community, any new porch, terrace, deck or patio within the overlay district after the effective date of the Overlay Code shall be subject to the regulations contained in this section. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article V1-Page 65 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (3) Definitions. (a) Porch. For the purposes of this Overlay, a porch is defined as a permanent structure attached to a building on the main and/or corner side/secondary elevation with a roof and without permanent walls, windows or enclosures. A porch's primary purpose is to protect a building's entrance and to offer shelter for those entering the house from the street. A porch consists of six primary structural and decorative elements: the porch foundation, steps, porch skirting, porch floor, columns and railings, and the porch roof. Porches associated with Queen Anne and Victorian styles were usually constructed in wood; porches associated with Craftsman and later styles were sometimes constructed in masonry. (b) Deck. For the purpose of this Overlay, a deck is a roofless structure typically attached to a building's side or rear elevation. A deck's primary purpose is to provide an outside gathering place. Decks are usually constructed in wood and are often raised off the ground requiring steps. Decks may also be constructed on the second story of the side or rear elevation encompassing part or the full width of the elevation. (c) Patio/Terrace. For the purpose of this Overlay, a patio or terrace is a roofless structure typically attached to a building's side or rear elevation. A patio/terrace primary purpose is to provide an outside gathering place. A patio or terrace is usually constructed at grade level with materials such as concrete, stone or brick pavers, and may incorporate railings or balustrades. Terraces and patios generally do not have a roof and roof structure as with porches but may incorporate awnings and awning frames. (d) Sj�o . For the purpose of this Overlay, a stoop is a raised uncovered platform approached by steps to a building's entrance. A stoop is typically constructed in concrete, stone, wood or brick pavers, and is smaller in dimensions than a porch, deck or terrace and accommodating only ingress or egress into a house entrance. A stoop may have railings on one or both sides of the steps. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 66 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (4) Porches. (a) Existing Porches. Existing porches on front or side facades/elevations shall be maintained or repaired and not replaced unless there is evidence of significant deterioration that cannot be feasibly repaired. Significant deterioration is defined as significant rot in materials, structural deficiencies, and failures in the foundation, flooring, roof, and overall porch structure. (i) Foundation. Stone,brick and concrete/concrete block used for porch foundations, whether as a continuous wall or as separate piers, shall be maintained and repaired as feasible using similar or compatible materials. Porch foundations constructed in masonry can be repaired through re-pointing and epoxy consolidation as well as the replacement of individual units of stone, brick and concrete block depending on the construction of the foundation. Wood foundation piers can be replaced with concrete or other compatible materials if they are significantly deteriorated. If foundation footings are not stable, they shall be repaired and stabilized to support the porch structure. Foundation piers constructed in pressure treated wood shall be primed and painted with colors that match or are compatible with existing porch colors, after a curing/drying period of no greater than 18 months. (ii) Steps. Wood steps are common features of Victorian, Foursquare and other vernacular homes in traditional neighborhoods. Brick and concrete steps were prevalent in homes from the 1920s onwards. In general, porch steps shall be repaired and maintained with similar materials consistent with the materials found in the porch floor and skirting. Durable wood materials such as cedar and redwood are preferred, although pressure-treated, wood sawdust or mineral composite/high density polyurethane plastic (HDPE) can serve as suitable replacement materials. Steps constructed in pressure treated wood shall be primed and painted with colors that match or are compatible with existing porch and house colors, after a curing/drying period of no greater than 18 months. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 67 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (iii) Skirting. Skirting is an important decorative porch element. It also serves to keep animals out while allowing air to circulate underneath the porch NOME structure. Skirting original to the existing house and porch shall be maintained and repaired whenever feasible. Skirting material is typically constructed in woods such as cedar, redwood and cypress and produced in a lattice form or vertical railings. If L skirting needs to be replaced due to significant deterioration, it shall be replaced with similar materials such as wood, pressure treated wood, wood sawdust or mineral composite/high density polyurethane plastic (HDPE). ------T7177-1-77-1- Tr-T�-r-7-7--r-'r-rr-rT--r7�--7-TT-T - - ITT I�T77-7-T F IT -T-FT--T-fl 77717 1 FT1 7 Vertical skirting patterns and pre- 1[77 7 fabricated lattice board panels can be used. Skirting shall not be secured to Porch skirting types the outside face of the deck and if pressure-treated lumber, shall be painted or stained to match the porch to which it is being attached, after a curing/drying period of no greater than 18 months. Plants, bushes and flowerbeds can be used to screen areas beneath a porch but care should be taken to have bushes and flowers planted on a slope away from porch foundations to avoid moisture infiltration and foundation deterioration. Trees should not be planted near porch foundations. (iv) Flooring and Ceiling. All original porch ceiling and flooring materials shall be retained, repaired and preserved whenever feasible. Individual ceiling and floor boards that are significantly deteriorated can be replaced with similar materials, usually tongue and grove wood boards for flooring and I" x 6" beadboards for the roof. If an entire porch floor or ceiling has to be replaced, new floor boards shall match the existing in thickness, profile and texture. Woods such as cedar, redwood and cypress, and synthetic materials, including pressure-treated, fiber cement, wood sawdust or mineral composite/high density polyurethane plastic (HDPE) can serve as --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article V1-Page 68 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. suitable replacement materials. Floors and ceilings constructed of pressure-treated wood shall be primed and painted/stained with colors that match or are compatible with existing porch colors, after a curing/drying period of no greater than 18 months. (v) Columns. Porch columns are often constructed in wood, brick, or stucco. All original porch columns shall be retained, repaired and preserved whenever feasible using epoxy filler or other materials. Porch columns can be replaced if they show significant deterioration, including visible signs of rot and structural failure if they cannot support the weight of the porch roof. Replacement columns shall match the original material wherever feasible, although synthetic materials, such as pressure-treated wood, fiberglass, wood sawdust or mineral composite/high density polyurethane plastic (HDPE) are acceptable. Replacements must substantially replicate the existing column's design style, including its length, width, and profile and detailing. If existing columns are simply square or round or if all columns are replaced in their entirety (at the same time), replacement columns shall be at least 6"x 6" in dimension. Columns constructed of pressure-treated wood shall be stained, or properly primed and painted with paint colors that match or are compatible to existing porch colors, after a curing/drying period of no greater than 18 months. If not painted, pressure-treated wood can be wrapped. Brick or stucco columns should only be repaired in brick and stucco that are of same color, texture and material strength as the original. (vi) Roof. Porch roofs for most traditional homes were constructed with materials and pitches similar to the main structure and its overall architectural style. New porch roofs shall be constructed in that fashion and be compatible with the home's architectural style. Typically, roofs were constructed with asphalt shingles and a pitch suitable to shed water. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 69 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (vii) Railings and Balusters. Railing Handrail elements typically include I I handrails, balusters and posts, Baluster which shall be retained, repaired and preserved whenever feasible. Bottom Some houses, but rarely, may haves Rail solid porch walls rather than railings, which shall also be maintained if they are original to TIC-- Handrail the house. Railing elements and balusters in need of repair and Baluster replacement shall use similar IP 1H materials as the original. Bottom J Rail Synthetics, including pressure- treated wood, wood sawdust or mineral composite/high density Roiling and baluster types polyurethane plastic (HDPE) can serve as suitable replacement materials. Replacement materials should substantially replicate the existing railings and balusters in length, width, profile, and detailing. Railings and Balusters constructed of pressure-treated wood shall be stained, or properly primed and painted with paint colors that match or are compatible to existing porch colors, after a curing/drying period of no greater than 18 months. If not painted, pressure-treated wood can be wrapped. Spindles or balusters shall not be secured to the outside face of the porch including but not limited to the rails,rim joist,beam and/or columns --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 70 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (b) Enclosures. Porches may be enclosed with glass or screens with no less than 60 percent transparency (of preexisting open areas) and as long as the construction of the enclosing elements are readily reversible. Removable, seasonal storm windows or screens are recommended over more permanent window or screening systems. In enclosed areas that are not transparent,materials used shall match or be compatible with the primary fagade siding material, including wood clapboard, vinyl, wood composite, stucco or other synthetic materials. Brick or masonry is not acceptable as an enclosure material unless it is consistent and compatible with the house's architectural style. rn — GEM%Transparent Parch Enclosure City of Oshkosh Chapter 30—Article VI-Page 71 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code t °1 100%Transparent Parch Enclouure Enclosed porch:100 percent transparency recommended XX 4 _ n . _ � I —" 30%Transparent Porch Eneloeurr+ Enclosed porch:30 percent transparency not recommended (c) New Porches on Existing Buildings. To the extent that it can be documented, missing original porches shall be reconstructed to be appropriate and compatible to the style and period of the home in regard to size, style and detail. Where inadequate documentation exists for the original porch, proposed new porches shall be typical of those built in the style of the house. New porches shall be constructed in wood or appropriate composite/synthetic materials such as wood sawdust or mineral composite/high density polyurethane plastic (HDPE). Pressure treated wood can be used but shall be stained, or properly primed and --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 72 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. painted with paint colors that match or are compatible to existing house colors, after a curing/drying period of no greater than 18 months. If not painted, pressure-treated wood can be wrapped. Porches constructed in stucco and brick are acceptable as long such materials are consistent and compatible with the house's architectural style. An open porch base is prohibited and must be skirted with wood lattice or other suitable materials as listed in Subsection (E)(4)(a)(iii). (d) Stoops. Stoops can be used if no adequate space can be found for a porch structure. Stoops serve as a means to access a house entrance and shall be constructed to serve this function only. Stoops are generally designed to fit the size of entrance opening and are usually constructed in concrete, stone, wood or brick pavers and incorporate railings if the stoop steps rise more than 30 inches. Stoops do not incorporate other porch structure elements such as posts and roof. An awning may be installed over the stoop to provide protection from the weather. (e) Decks. New decks, whether located at ground level or a second story, shall be constructed on a building's rear faqade/elevation or on a interior side elevation not visible from the street. Decks on front or side elevations visible from the street will be permitted if it can be shown that they are characteristic of the house's overall architectural style. Decks are also permitted on corner-side elevations of corner lots facing a lake, park or other amenable feature. Decks shall be designed to be consistent and compatible with a house's architectural style and include elements such as posts, railings and balusters, and be constructed in cedar, cypress, redwood, or appropriate composite materials such as wood sawdust or mineral composite/high density polyurethane plastic (HDPE), plastic and aluminum. Decks constructed in pressure-treated lumber, shall be painted or stained, after a curing/drying period of no greater than 18 months. If not painted, pressure-treated wood can be wrapped. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 73 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ,r MAIR S,iI� ���➢ffO�IiIJIjV�Ii �iiii ��� � i � � l�l�� '� Deck on rear elevation r i s Deck on side elevation --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 74 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (f) Patios and Terraces. New patios and terraces shall be constructed on a building's rear faqade or side elevation using stone,brick,brick pavers, or concrete. Water permeable pavers are also allowed. For double-fronted lots, patios and terraces are permitted on one front elevation or side elevation. Patios are also permitted on corner-side elevations of corner lots facing a lake, park or other amenable feature. Patios and terraces are typically constructed flush at ground grade level and are not elevated, although landscape treatments and berming can be employed to elevate the patio or terrace to meet rear or side entrance grades. Patios and terraces may incorporate railings and balustrades. z, V 10 IRT f 1, Ali f 4ff �wR f I Patio on side elevation T Patio on rear elevation --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 75 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (g) Ramps and Special Accessibility. Where provisions for accessibility for disabled persons are proposed to be added to a principal structure's front or side facades/elevations, every effort should be made to integrate the ramp or other accessibility provisions within the overall design of the principal structure. Ramps shall be placed on a side or rear elevation in a way that does not remove original building features and materials. Ramps shall also --------- incorporate elements of the principal structure's building materials and lu shall be installed in such a way that its removal ........... d will not amage importantfeatures and ............ ...........A materials of the principal Accessible ramp on side elevation porch structure. Ramps ...... constructed in pressure- treated lumber shall be stained or painted with colors that match or are compatible to existing house colors, after a curing/drying period of no greater than 18 months. If not painted, pressure-treated wood can be wrapped. Installing ramps on the front faqade shall be avoided unless it can be demonstrated that there is not inadequate space on secondary/side or rear elevations to install a ramp or other accessibility provision. (F) Existing Buildings: Additions and Major Changes (1) Purpose. The purpose of this section is to manage siting, placement and design of additions and changes to existing buildings and structures in traditional neighborhoods located within the Overlay districts established by this Section. Additions and changes shall be compatible with existing buildings and be harmonious with other traditional homes and structures within the surrounding blocks and the neighborhood. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 76 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (2) Applicability (a) Additions and Changes - The regulations contained in this section of the Overlay shall be applicable to all proposed new additions and changes to existing single and two-family buildings and structures front or side facades/elevations. In order to ensure that new additions are compatible with the principal structure or house, any additions within these districts after the effective date of the Overlay shall be subject to the regulations contained in this section. (3) Definitions (a) Addition. An addition is an increase in the footprint size of an existing principal structure or house through the construction of an additional room or rooms to a front, side or rear elevation. A new addition can also be a new floor, or portion thereof, to an existing house or a dormer addition as defined below. (b) Change. A major change to an existing principal structure is considered any alteration or demolition to the materials, wall plane and/or architectural features of a front or side faqade or elevation visible from the street. (c) Dormer: A dormer is a structural element of a house that protrudes from the plane of a sloping roof surface. Dormers are used, either in original construction or as later additions, to create usable space in the roof of a building by adding headroom and usually also by enabling addition of windows. (4) General Requirements. Over time, many homes and residences within traditional neighborhoods were expanded to provide additional living space. It is recognized that additions to existing homes will continue to take place and that the overall intent of this section is to ensure that new additions and changes are compatible and harmonious with the original house style and the surrounding neighborhood. Achieving compatibility involves a careful consideration of the placement of the addition or change to the original house, its overall design, use of materials and overall scale and massing. (a) Placement and Orientation. Additions to a principal structure and changes that extend the building footprint shall be placed on a rear facade, or interior side elevation if rear is not practical, in order to have a minimal impact on the overall scale and character of the original house. New --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 77 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. additions can be built with or without a setback from the wall plane of the original house. A special exception for an addition that extends from the front wall plane of the original house, either at a front or corner-side elevation, may be granted through the appeals process under certain circumstances; in particular, if there is a lack of sufficient space in the house's rear yard to place the addition and the addition's overall design meets all other requirements regarding its design (see following requirements (b) through (g)). I.Er L a t n New Addition on Side I lew io a ........... Af ZZxI New Addition cm Rear Elevation --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 78 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) Height and Scale. Additions and changes that extend the building height shall not be higher than the principal structure's dominant or highest roof ridgeline and not overpower the principal structure's overall scale and massing. The addition's footprint shall not be more than 50 percent of the principal structure's existing footprint. An exception to the height standard can be made if the addition conforms and is compatible with the principal structure's overall architectural style and roof shapes and becomes an integral part of the structure's overall building form and design. Exterior materials of new additions shall be constructed in the same materials, or combination of materials, as the original building (see requirement (d) below). Una,cq)hto,Roof Addifilin Acceptable Roof Addition-, © © 0" 00 EMMA= Acceptable roof addition(left);Unacceptable-roof addition extending above the ridgeline(right) (c) Style and Form. New additions and changes shall reflect or be consistent with the principal structure's architectural style and roof form. It is not required to replicate the principal structure's architectural style in exact detail, but the addition's and changes overall roof shape, and door and window opening patterns and rhythms shall be consistent, compatible and blend with the original house. When a principal structure incorporates elements of various styles due to earlier additions, the addition shall employ the style characteristics that are the most dominant. (d) Materials. New additions and changes may be constructed using modern materials although they shall be complementary as a way to tie the addition and the original house together. Some material contrast is allowed but shall be subtle in change with the principal structure's original building materials. For example, if the original house was sided --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 79 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. with wood clapboard, then fiber cement or vinyl siding may be used for the addition. New additions and changes shall not remove significant character and architectural-defining features or materials of the front or side facades/elevations of the original house, such as trim work and corner boards, shingle siding, bargeboard, ornamentation and dormers. Such features may be removed temporarily but must be reinstalled upon completion of the addition. Material color shall also match or be complimentary to the principal structures color. (e) Window and Door Openings. The relationship of the height and width of windows and doors shall be consistent to those of the original house or principal structure. Building addition and change designs that create blank walls on any front or side faqade are not permitted. A front or side faqade/elevation must have 25 percent of its wall space devoted to window openings. Window openings shall follow a width-to-height ratio of 2:3 or 2:1. Doors with glazing and sidelights may be counted towards the 25 percent requirement. . .......... 25%of MAI&jrfi(,,e Are,'i wi New Additions ShW 1 be Midow Operikig --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 80 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (f) Dormers. New dormers shall be placed on a principal structure's side or rear facades and limited to no more than one-half the roof area. A dormer may also be allowed on a front faqade if it is F11 i III uy E 16 vat[��I_ SGcordary EIGvation found to be a typical or customary feature of the .......--- —--------- T- ------ --- --- house's architectural style. Dormers shall not be constructed to be higher than the roof's dominant ridgeline in order to preserve the original scale and form of the building from the street level and the public right-of-way. Acceptable locations of dormer additions (g) Foundation. Foundation heights for new additions shall match the same height as the original structure's foundation. Foundation paneling of "false" stone or brick, and landscape screening with bushes and vegetation may be used in circumstances to mask the appearance of different foundation materials. (G) New Principal Structure Construction and Infill Development (1) Purpose. The purpose of this section is to manage placement and design of new principal structure construction on empty/unimproved or redeveloped lots in traditional neighborhoods. New construction shall be compatible and harmonious with other traditional homes and structures within the surrounding blocks and the larger neighborhood. The overall intent of this section is to ensure that new buildings and homes are compatible and harmonious with the surrounding neighborhood. (2) Applicability. New Construction/Infill Development - The regulations contained in this Overlay shall be applicable to all new construction that is not considered an addition or change to an existing building or structure. To ensure the compatibility of new development of principal buildings and structures within the overlay district with that of the surrounding community, any new building or structure developed after the effective date of the Overlay shall be subject to the regulations contained in the Overlay. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article V1-Page 81 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (3) Definitions (a) New Principal Structure Construction. New principal structure construction is defined as the construction or building of new single or two-family houses on existing lots or parcels. (4) General Requirements. A new principal structure located within the Overlay shall be compatible with the size, scale, set back, massing, material, and character of the buildings which surround it on the same block. Achieving compatibility must involve a careful consideration of the new building's placement on its lot, its overall design, use of materials and overall scale and massing in relation to adjacent homes. (a) Front Setbacks. Front setbacks for new principal structures shall be consistent and align with the prevailing building setbacks found along the block and surrounding neighborhood. Generally, a dominant rhythm of spacing is established along a street by uniform lot and building width and new buildings shall reinforce that rhythm. A distance equal to the average of the existing front yard setbacks of the two lots principal buildings abutting it is required for new construction. Where there are no adjacent buildings, the maximum setback is 30 feet, and the minimum setback is 15 feet. .......... ------------- ------- ------------------- ----------- Sidewalk FIFOnt of Cut --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 82 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) Side and Rear Yard. Side and rear yard setback reductions for principal structures may be considered in the determination for special exceptions allowed by the Director of Community Development, or designee, based on the following circumstances: (i) Existing setback of primary structures and accessory structures found in the immediate vicinity; (ii) Setbacks of like structures historically found on the site as determined by historic maps, site plans or photographs; (iii) Shape of lot; (iv) Alley access or lack thereof; (v) Proximity of adjoining structures; and (vi) Preservation of natural or historic features of the site. (c) Stoops/entrance platforms and porches may encroach into required setbacks by no more than 4 feet. Encroachments beyond 4 feet will require approval for a setback variance. (d) Scale and Height. The height of the main roof of a new principal structure shall be compatible by not contrasting greatly with those of surrounding buildings. For predominantly single and two-family residential neighborhoods, the height of a new principal structure shall not exceed the height of surrounding structures by more than one story. The overall scale and height of the principal structure shall reference existing homes in the surrounding block and not overpower adjacent homes in its height or width. 07 addifi_l M.,y­k pt � n­tA nP b,dIftp m,d Wwk .......... Fl mi --—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--—--— City of Oshkosh Chapter 30—Article VI-Page 83 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (e) Orientation. A principal structure and its front elevation and entrance shall be oriented to the primary street. On corner lots, the principal structure could be oriented to the side street as long as it meets all setback requirements and includes the front entrance and a minimum of 25 percent of wall space is devoted to window or door openings. A porch may include an entrance that is side-entered as long as the entrance is oriented to the building front. Entrances with door glazing and sidelights may be counted to the 25 percent window opening requirement. (i) Front entrances shall be identified by a stoop/entrance platform (with or without a staircase), or entrance porch. Full front and wrap- around porches that include the front entrance are also acceptable. A front entrance can also be accessed by porches, stoops or terraces oriented to the side of the front elevation. (f) Style and Form. New principal structure construction shall reflect and/or be consistent with the architectural styles found along the block and adjacent neighborhood. It is not required to replicate a certain architectural style in exact detail, but a new building's overall roof shape, and door and window opening patterns and rhythms shall be consistent with that particular style. (g) Building Materials. The materials of the principal structure's facades front or side facades/elevations shall be visually compatible, by not contrasting greatly, with surrounding buildings in the block and surrounding neighborhood. Modern and latter-day materials can be used as long as they are suitable to the style and overall design of the house or principal structure. Some contrast is allowed if such materials were typically used within a given architectural style's material palette or if a certain part of house requires certain building materials, such as a sunroom. (h) Windows and Doors. In new principal structures, the relationship of the height and width of windows and doors, and the rhythm of solids (walls) to voids (door and window openings) shall be compatible, by not contrasting greatly, with surrounding buildings in the block or surrounding neighborhood. New principal structures that create blank walls and elevations are not permitted. A front or side faqade/elevation shall have at least 25 percent of its wall space devoted to window openings, which shall follow a width-to-height ratio of 2:3 or 2:1. Doors with glazing and sidelights may be counted towards the 25 percent requirement. Window openings on the primary street-related front --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 84 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. faqade of new construction shall be representative of the window patterns of similarly massed structures and architectural styles within the surrounding block and neighborhood. In addition, windows on upper floors on front or side faqade/elevation shall not be taller than windows on the main floor since, typically, first floors have higher ceilings than upper floors. If no consistent or predominant window patterns can be found within the adjacent block, this standard will not apply. Permitted window materials are the same as those specified in Subsection (D)(4)-(5) in the Existing Buildings: Windows and Doors of this Overlay Code. (H) New Accessory Structure Construction and Driveways. (1) Purpose. The purpose of this section is to manage design changes to existing garages and the construction of new garages and driveways to traditional residential homes in overlay districts established by this Section. Garages and driveways are considered important architectural and landscape elements that contribute to the overall appearance of a traditional home and its site. Their preservation, maintenance and design are also important to ensure visual compatibility and harmony within the larger neighborhood setting. (2) Applicability (a) Existing Garages/Carports-The regulations contained in this section of the Overlay shall be applicable to common changes to existing garages and accessory structures, such as the restoration/rehabilitation of garage doors and windows and exterior siding and roof materials. In order to ensure that common changes and repairs to existing garages are compatible with the principal structure or house, any changes or addition within the Overlay shall be subject to the regulations contained in this section. (b) New Garages/Carport - The regulations contained in this Overlay shall be applicable to all new garages and accessory buildings within the Overlay District. To ensure the compatibility of new garages and accessory structures within these districts with that of the principal structure, any garage or accessory structure within these districts shall be subject to the regulations contained in this section. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 85 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (3) Definitions (a) Garage. A covered building or structure constructed primarily to park and shelter vehicles. A garage may be attached or detached from the principal structure. (b) Carport. A carport is a covered structure that offers limited protection and shelter for vehicles. A carport may be free-standing or attached to the house or principal structure. (c) Driveway. A driveway is an area of pavement that provides vehicular access from the property line to a garage, carport, or parking area. (d) Two-Track Driveway. A two-track or double-track driveway provides two narrow bands of pavement from the property line to a garage, carport or parking area. (1) Garages/Carports. (1) New garages/carports for existing principal structures shall be constructed as a detached or attached structure located in the rear portion of the lot. (a) Where the rear lot area cannot accommodate a detached garage or attached garage/carport, an attached garage or carport located on the side of the principal structure may be considered if: (i) Designed as an integral element of the principal structure (ii) Recessed a minimum of 5 feet behind the principal structure's front faqade (iii) The roof line(s) of the principal structure is maintained. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 86 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (2) Attached garages/carports facing the street shall be designed and detailed to match or compliment the roof form and scale employed on the principal structure. Attached garages/carports may also be connected to the house through a breezeway. % IN I I F I j Attached garage �71 Attached carport (a) Design. New garages/carports that are visible from the street shall be architecturally compatible and complimentary with the design of the principal structure or house, including its color and style. Variation in regard to roof shape and slope and the use of materials is allowed. (b) Height. A new garage/carport shall be no taller than the principal structure. (J) Driveways (1) New driveways must be constructed with durable materials such as concrete, asphalt, brick, stone and permeable pavers. Crushed stone and gravel is not permitted. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article V1-Page 87 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (a) Two-Track/Drive Strips. Two-track/drive strips driveways can be installed in lieu of a full driveway as long as they are constructed in durable materials, including concrete, asphalt, brick, stone, or permeable pavers. (b) Shared Driveways. Any new shared driveway must only serve two lots and Driveways shall be set bank Detached garage StrUCtUreS shall be from at dp property paii ty Uns n i in 2'3" sat back from rear b a pi ty lima in!r.2'Is'a ad and must be rutlin.8'-0'widp set back horn side property linp.min,2-0' .......... ............ ----------- ................. ..................................... "------------------------ ........................................................ Asphalt or Concrete 2:Frack Dflvgway Driveway with Driveway sefireable pavers Driveway types shall be designed as a single lane of at least sixteen feet, not just two driveways next to each other. A single eight to twelve feet wide lane that widens to a double lane of at least 16 feet deeper into the lot is also permitted. (i) A cross access easement between the two lots is required Section 30-162: (NTD-0) Neo-Traditional Development Overlay Zoning District (A) Purpose and Intent. (1) Statutory Authorization. This Ordinance is adopted pursuant to the authority contained in Sections 62.23 and 66.1027 of the Wisconsin Statutes. (2) Purpose. The purpose of this Ordinance is to allow the optional development and redevelopment of land in the City of Oshkosh, consistent with the design principles of traditional neighborhoods. A traditional neighborhood: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 88 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (a) Is compact; (b) Is designed for the human scale; (c) Provides a mix of uses, including residential, commercial, civic, and open space uses in close proximity to one another within the neighborhood; (d) Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes; (e) Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those streets to existing and future developments; (f) Retains existing buildings with historical features or architectural features that enhance the visual character of the community; (g) Incorporates significant environmental features into the design; (h) Is consistent with the City's comprehensive plan. (i) Applicability (3) The Traditional Neighborhood Development Ordinance is an alternative set of standards for development within the City for new development of 10 acres or more contiguous to existing development and redevelopment or infill development of 1.5 acres or more. (B) Application Procedure and Approval Process (1) Zoning Phase (a) Initial Conference. Before submitting an application for a Traditional Neighborhood Development project, the applicant shall schedule an appointment and meet with the Department of Community Development staff to discuss the procedure for approval of a Traditional Neighborhood Development project, including submittal requirements and design standards. (b) Zoning Application Requirements. Following the initial conference, the applicant shall submit an application for a zoning map amendment to a Traditional Neighborhood Development District. The application shall be accompanied by a General Implementation Plan. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 89 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (c) General Implementation Plan Submittal Requirements. The purpose of the general implementation plan is to establish the intent, density, and intensity for a proposed development. The General Implementation Plan shall include the following: (i) A general location map of suitable scale, but no less than I inch = 200 feet, which shows the location of the property within the community and adjacent parcels including locations of any public streets railroads, major streams or rivers and other major features within 1,000 feet of the site. (ii) A site inventory and analysis to identify site assets or resources, and constraints, including but not limited to floodplains, wetlands and soils classified as "poorly drained" or "very poorly drained," soils with bedrock at or within 42 inches of the surface, utility easements for high-tension electrical transmission lines (>69KV), steep slopes greater than 15%, and brownfields. (iii) A conceptual site plan, at a scale of no less than one inch = 100 feet which indicates topography in two foot contours for sites with 15 feet or more of local relief, or one foot contours for local sites with less than 15 feet of local relief, consisting of a map with proposed features and existing site features and uses that will remain. These features should include building outlines, location of streets, transit stops,drives and parking areas,pedestrian and bicycle paths, service access areas for receiving material and trash removal, and other impervious surfaces. The location of proposed and existing to remain trees and shrubs should also be included, along with any other significant features. (iv) A conceptual storm water management plan identifying the proposed patterns of major stormwater runoff, locations of stormwater infiltration areas, and other significant stormwater best management practices. (v) Identification of the architectural style(s) of the Traditional Neighborhood Development and the accompanying site design style(s). The design style of the Traditional Neighborhood Development shall be conveyed with drawings or computer simulations of typical proposed building elevations (including dimensions of building height and width, and facade treatment). --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 90 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (vi) A written report that provides general information about the covenants, conservation easements, or agreements which will influence the use and maintenance of the proposed development. The report shall also describe the site conditions and the development objectives. (vii) Any other information deemed necessary by the City in order to evaluate plans. (viii)Five (5) copies of the above information shall be submitted plus one (1) reduced set no larger than 8 1/2 11 x 11". (2) Development Phase (a) Conditional Use Permit Requirement. Prior to issuance of any permits for development within a Traditional Neighborhood Development District an application shall be submitted for a Conditional Use Permit for review and approval of a Specific Implementation Plan. The purpose of the Specific Implementation Plan is to establish a detailed development proposal. The Specific Implementation Plan can be proposed, reviewed, and acted upon as a whole or in part or phases. (b) Specific Implementation Plan Submittal Requirements. The applicant shall submit a series of plans, maps, and written materials which include the following information: (i) A general location map of suitable scale which shows the boundaries and dimensions of the property within the context of the City and adjacent parcels, including locations of any public streets, railroads, major streams or rivers and other major features within 1,000 feet of the site, along with a legal description of the property. (ii) A site inventory and analysis to identify site assets or resources, and constraints, including but not limited to floodplains, wetlands and soils classified as "poorly drained" or "very poorly drained," soils with bedrock at or within 42 inches of the surface, utility easements for high-tension electrical transmission lines (>69KV), slopes greater than 15%, and brownfields. (iii) A site plan, including proposed topographic contours at one foot intervals, with the following information: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 91 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (aa) the location of proposed structures and existing structures that will remain, with height and gross floor area noted; (bb) the location of street and pedestrian lighting, including lamp intensity and height; (cc) the location of proposed open space; (dd) the circulation system indicating pedestrian,bicycle, and motor vehicle movement systems, including existing and proposed public streets or right-of-ways; transit stops; easements or other reservations of land on the site; the location and dimensions of existing and proposed curb cuts, off-street parking and loading spaces, including service access for receiving and trash removal; sidewalks and other walkways; (ee) location of all trees, shrubs, and ground cover (proposed or existing) to remain on the site. (iv) A stormwater management plan for the site. The grading plan shall show existing and proposed ground elevations with contours (one- foot contour interval) and spot elevations at significant high points, low points, and transition points. The grading plan shall also note the finished ground floor elevations of all buildings. The plan shall also show the locations of all storm drainage sewers and structures, and infiltration or detention/retention structures; and all wetlands on the site, using the Federal Manual For Identifying and Delineating Jurisdictional Wetlands, and copies of documents completed in making the wetlands identification. (v) Detailed elevations of all proposed commercial buildings and typical elevations of residential buildings. Scaled elevations should identify all signs, building materials and percentage of ground floor commercial facade in windows; the location, height and material for screening walls and fences, including outdoor trash storage areas, electrical, mechanical and gas metering equipment, storage areas for trash and recyclable materials, and rooftop equipment. (vi) A utilities plan showing lines and structures for sanitary sewers, electricity, gas, telecommunications, etc. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 92 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (vii) A written report, which completely describes the proposal and indicates covenants or agreements that will influence the use and maintenance of the proposed development. The report also shall describe the analysis of site conditions and the development objectives. (viii)Phasing plans, where applicable. (ix)Any other information deemed necessary by the Plan Commission or Common Council in order to evaluate plans. (x) Five (5) copies of the above information shall be submitted, plus one (1) reduced set no larger than 8-1/2" x 11". (3) Amendments to the Specific Implementation Plan (a) Minor changes to the Specific Implementation Plan may be approved by the Department of Community Development, provided the changes do not involve: (i) Increases or decreases of less than ten percent (10%) in floor area of structures or number of dwelling units. (ii) Change in exterior building material. (iii) Alteration of any conditions attached or modification to the Specific Implementation Plan made by the Common Council. (b) A major change to a Specific Implementation Plan,which is less restrictive than any conditions of approval for the initial Specific Implementation Plan, shall require submittal of a Conditional Use Permit request and review and approval by the Plan Commission and Common Council. (4) Subdivision of Land. If the Traditional Neighborhood Development involves the subdivision of land as defined in the City's Land Subdivision Ordinance, the applicant shall submit all required land division documents in accordance with the requirements of the Land Subdivision Ordinance and Chapter 236 of the Wisconsin Statutes. If there is a conflict between the design standards of the Land Subdivision Ordinance and the design guidelines of the approved Traditional Neighborhood Development District, the provisions of the approved Traditional Neighborhood Development District shall apply. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 93 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (5) Ownership and Maintenance of Public Space: Provision shall be made for the ownership and maintenance of streets, squares, parks, open space, and other public spaces in a Traditional Neighborhood Development District by dedication to the City. (6) Recording of Documents. The following documents need to be filed by the applicant in the County Register of Deeds Office within 10 days after approval of the document by the Common Council: a certified copy of the zoning ordinance amendment designating a tract of land as a Traditional Neighborhood Development; the general implementation plan; and the specific implementation plan. (C) Traditional Neighborhood Development Design Standards (1) Neighborhood Uses. In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A traditional neighborhood development should consist of a mix of residential uses, a mixed use area, and open space as provided below: (a) A mix of residential uses of the following types can occur anywhere in the traditional neighborhood development. For infill development, the mix of uses may be satisfied by existing uses adjacent to the Traditional Neighborhood Development. (i) Single-family detached dwellings; (ii) Single-family attached dwellings, including duplexes, townhouses, row houses; (iii) Multifamily dwellings, including senior housing; (iv) Secondary dwelling units; (v) Special needs housing, such as community living arrangements and assisted living facilities. (b) Mixed used area, comprising commercial, residential, civic or institutional, and open space uses as identified below. All residential units should be encouraged to be within approximately 1/4 mile or a 5 minute walk from existing or proposed commercial, civic, and open space areas. Gross building area attributed to a single business should not exceed 6,000 square feet in size and no commercial business may have drive-thrus. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 94 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (i) Commercial uses (aa) Food services. For example: neighborhood grocery stores; butcher shops; bakeries; restaurants; cafes; coffee shops; neighborhood bars or pubs; and similar type uses. (bb) Retail uses. For example: florists or nurseries;hardware stores; stationery stores; book stores; studios and shops of artists and artisans; and similar type uses. (cc) Services. For example: day care centers; music, dance or exercise studios; offices, including professional and medical offices;barber; hair salon; dry cleaning; and similar type uses. (dd) Accommodations. For example: bed and breakfast establishments, small hotels or inns; and similar type uses. (ii) Residential uses (aa) Single-family attached dwellings, including duplexes, townhouses, row houses; (bb) Multifamily dwellings, including senior housing; (cc) Residential units located on upper floors above commercial uses or to the rear of storefronts; (dd) Live/work units that combine a residence and the resident's workplace; (ee) Special needs housing, such as community living arrangements and assisted living facilities. (iii) Civic or institutional uses (aa) Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices; (bb) Transit shelters; (cc) Places of worship; (dd) Educational facilities. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 95 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (iv) Open space uses (aa) Central square; (bb) Neighborhood park; (cc) Playground. (c) Open space uses identified below should be incorporated in the traditional neighborhood development as appropriate. Large outdoor recreation areas should be located at the periphery of neighborhoods rather than central locations. (i) Environmental corridors; (ii) Protected natural areas; Figure 1. Plan-view conceptual diagrams of neighborhood commercial "service areas" (hexagons). Each hexagon represents a neighborhood with a mixed-use center (dot) > that is within a five-minute walking distance of 7- < the neighborhood's edge. Clusters of neighborhoods (larger hexagon) can support < more extensive commercial development than r —� � � _ individual neighborhoods. The appropriate amount of commercial uses within a traditional neighborhood development depends on the location, or community context, of the new development(darker shaded hexagon). (iii) Community parks; (iv) Streams, ponds, and other water bodies; (v) Stormwater detention/retention facilities. (2) Development Units. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows, given that a net acre of land is an acre of land excluding street rights-of-way and other publicly-dedicated improvements such as parks, open space, and stormwater detention and retention facilities: (a) In areas devoted to mixed residential uses: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 96 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (i) The number of single-family attached and detached units permitted shall be a minimum of 7 dwelling units and a maximum of 16 dwelling units per net acre; (ii) The number of multi-family units shall be a minimum of 17 and a maximum of 40 dwelling units per net acre. (iii) A maximum of one secondary dwelling unit shall be permitted per lot. (iv) No more than 65 percent of any lot shall be covered by structures. (v) For each affordable housing unit provided under this section, one additional dwelling unit shall be permitted, up to a maximum 15 percent increase in dwelling units. (b) In mixed use areas: (i) The number of single-family and multi-family dwelling units permitted shall be calculated the same as above plus an additional number of units not to exceed 10 percent of the amount permitted above. (ii) All dwelling units constructed above commercial uses shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increased by more than 10 dwelling units or 10 percent, whichever is greater. (iii) The total ground floor area of nonresidential development uses, including off-street parking areas, shall not exceed 25 percent of the traditional neighborhood development net acreage. (3) Open Space. At least 20 percent of the gross acreage of the Traditional Neighborhood Development must be open space. Open space may include undevelopable areas such as steep slopes and wetlands, and storm water detention and retention basins. At least 25 percent of the open space must be common open space dedicated to the public for parkland. To the maximum extent feasible, lots within the area devoted to residential uses shall be within a 1/4 mile or a 5 minute walk from common open space. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 97 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (4) Lot and Block Standards (a) Block and lot size diversity. The perimeter of the blocks in the development should generally be in the range of 200-300 feet deep by 400- 600 feet long. A variety of lot sizes should be provided to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs. (b) Lot Widths. Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space. The minimum lot width shall be 30 feet. (c) Lot Depth. The depth of a lot shall not be greater than three times the lot width. _LJ L LLLLLLLJ LL (d) Building Setback, Front - Mixed Use Area. Structures in the mixed use area have no minimum setback. Commercial and civic or institutional buildings should abut the sidewalks in the mixed use area. Figure 2. Plan-view diagram of a street (e) Building Setback, Front - Areas of grid showing a diversity of lot (parcel) sizes. Mixed Residential Uses. Single- family detached residences, single- family attached residences, and multifamily residences shall have a building setback in the front between 5 and 20 feet. (f) Building Setback, Rear - Areas of Mixed Residential Uses. The principal building on lots devoted to single-family detached residences shall be setback no less than 30 feet from the rear lot line. Any accessory structures shall have a setback no less than 20 feet from the rear lot line. Any secondary residential unit shall have a setback no less than seven and one- half (7 1/2) feet from the rear lot line. (g) Side Setbacks. Seven and one-half(71/2) feet on each side, or one yard may be zero, if attached at the lot line and the opposing yard is 15 feet. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 98 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. Figure 3.Plan-view diagram of the zero- lot line concept. A large side-yard on each parcel is created by uniformly eliminating one of the side-yard setbacks. (5) Circulation Standards (a) The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links within the residential areas, mixed use area, and open space of the traditional neighborhood development and shall be connected to existing and proposed external development and circulation systems. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the traditional neighborhood development. (b) Pedestrian Circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the Traditional Neighborhood Development. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides in accordance with the specifications listed in Table 1. The following provisions also apply: (i) Public Sidewalks. Clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of 5 feet in width. (ii) Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 99 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (iii) Bicycle Circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other non-motorized users) and separate, striped, 4 foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking,the combined width should be 14 feet. (iv) Public Transit Access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted. The shelter design shall coordinate with the TND architectural style. (v) Motor Vehicle Circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds. (aa) Street Hierarchy. Each street within a traditional neighborhood development shall be classified according to the following (arterial streets should not bisect a traditional neighborhood development): (1) Collector. This street provides access to commercial or mixed-use buildings, but it is also part of the City's major street network. (2) Subcollector. This street provides primary access to individual residential properties and connects streets of lower and higher function. Design speed is 25 mph. (3) Local Street. This street provides primary access to individual residential properties. Traffic volumes are relatively low, with a design speed of 25 mph. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 100 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (4) Alley. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial properties. Table 1: Attributes of Streets in a Traditional Neighborhood Development Collector Subcollector Local Street Alley Average Daily 750 or more 750-1500 Less than 250 Not applicable Trips Right-of-Way 76-88 feet 48-72 feet 35-50 feet 12-16 feet Auto travel Two or three 12 Two 10 feet lanes Two 10 feet lanes, Two 8 feet lanes for lanes feet lanes or two-way traffic,or one 14 feet one 12 feet lane for (queuing)lane one-way traffic Bicycle lanes Two 6 feet lanes 4 feet lanes with None None combined with no parking,or 6 parking lanes feet lanes combined with parking lanes Parking Both sides,8 feet None,one,or both None or one side, None sides, 8 feet (access to individual 8 feet drives&garages outside Right-of- way) Curb and gutter Required Required Required Not Applicable Planting strips Minimum 6 feet Minimum 6 feet Minimum 6 feet None Street Furniture Required Not required Not required Not required Sidewalks Both sides,5 feet Both sides,5 feet Both sides,5 feet None minimum --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 101 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. r TIL-a Figure 4a. Schematic sketch of a typical local o street cross-section. Table 1 lists the recommended dimensions of each component: A)building setback from street right-of-way; F B)walkway;Q planting area;F)travel lane. Figure 4b. Schematic sketch of a typical sub- collector street cross-section. Table 1 lists the recommended dimensions of each component: A)building setback from street right-of-way; B)walkway;Q planting area;E)bicycle lane; F)travel lane. A Led, G r- r- Figure 4c. Schematic sketch of a typical L) collector street cross-section. Table 1 lists the recommended dimensions of each component: L) A)building setback from street right-of-way; B)walkway;C)planting area;D)parking lane; E)bicycle lane;F)travel lane. (vi) Street Layout. The traditional neighborhood development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible. In addition: (aa) Streets shall intersect each other as nearly as possible at right angles and not more than two (2) streets shall intersect at one point unless approved by the Plan Commission. Low volume streets may form three-way intersections creating an inherent right-of-way assignment (the through street receives precedence) which significantly reduces accidents without the use of traffic controls. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page 102 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (bb) Corner radii. The roadway edge at street intersections shall be rounded by a tangential arc with a recommended radius of 15 feet for local streets and 20 feet for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of 10 feet. (cc) Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. For commercial, civic, or multifamily residential uses, curb cuts shall be limited to intersections with other streets or access drives to parking areas. (dd) The orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets when such streets act as connections to future phases of the development. Local streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus. (ee) Provision of Utilities. All utilities shall be located underground. (vii) Parking requirements. Parking areas for shared or community use should be encouraged. All off-street parking areas shall adhere to Article XII-Off-Street Parking and Loading Facilities. In addition: (aa) In the mixed use area, any parking lot shall be located at the rear or side of a building. (bb) A parking lot or garage may not be adjacent to or opposite a street intersection. (cc) In the mixed use area, a commercial use must provide one parking space for every 500 square feet of gross building area. The developer must show evidence of available parking for the residential tenants within a 1/4 mile or a 5 minute walk. (dd) Public access parking lots or garages must provide not less than one bicycle parking space for every 10 motor vehicle parking spaces. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 103 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (ee) In the mixed residential areas, parking may be provided on- site. One off-street parking space with unrestricted ingress and egress shall be provided for each secondary dwelling unit. (ff) The setbacks of off-street parking area for multifamily or for non-residential uses shall be as follows: front-25 feet, side yard -5 feet, and rear yard - 10 feet. (gg) The setbacks of off-street parking area for residential areas with a garage accessed from an alley shall meet the following setbacks: rear - 0 feet and side yard - same as the principal structure. (hh) The setbacks of off-street parking area for residential areas with a garage accessed from the front of the lot shall meet the following setbacks: rear yard - 10 feet and side yard - same as the principal structure. (ii) All off-street parking must be screened in accordance to section 30-175(l) of the Zoning Ordinance. (jj) Service access. Access for service vehicles should provide a direct route to service and loading dock areas, while avoiding movement through parking areas. (kk) Paving. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and parking areas for periodic uses. (6) Architectural Standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character. (a) Guidelines for Existing Structures (i) Existing structures shall be protected from demolition or encroachment by incompatible structures or landscape development, if they are determined to: (aa) Be historic or architecturally significant; (bb) Contribute to the overall pattern of existing development; or (cc) Provide an appropriate transition between existing development and proposed TND infill. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 104 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (ii) The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally significant structures. (b) Guidelines for New Structures (i) Height. New structures within a Traditional Neighborhood Development shall be no more than 3 stories for single-family residential or 5 stories for commercial, multi-family residential, or mixed use. Garages for residential uses shall be not more than 2 stories. (ii) Entries and Facades (aa)The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street. (bb) The front facade of the principal building on any lot in a Traditional Neighborhood Development shall face onto a public street. (cc) The front facade shall not be oriented to face directly toward a parking lot. (dd) Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences. (ee) For commercial buildings, a minimum of 50 percent of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior. Canvas or metal awnings are permitted for signage. (ff) New structures on opposite sides of the same street should follow similar design guidelines. This provision shall not apply to buildings bordering civic uses. (gg) Buildings should be no more than 30% taller or 30% shorter than the average building height on the block. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 105 Municipal Codes City OfOshkosh 7ODiDg {lFdiD8D[e Municipal [Ode ��������������������������������������������������������������������������������� /c\ Guidelines for garages and secondary dwelling uniLs� Garages and secondary ��vveUin units [` placed on asingle-familydetached � un s zna� e � a�e residential lot within the i i | [` U��i building ��rn� ��a building or as an accessory u ng provided that the secondary dwelling unit does not exceed 800 squarefe L and the � L � h�� fe L garages does exceed e . Figure 5. Schematic elevation sketches of Uri El 120 two multi-storied buildings with equal heights and widths. Architectural details such as porches, windows, and roof _nn— dormers "articulate" a building's facade (right) which enhances visual quality and contributes to a human-scaled TIT Figure 6. Plan-view diagrams of four L --! alternative Sorq5e locations on a single- family housing lot: a) detached Sorq5e is c accessed from onalley; b ondd attached garage is accessed from the local street, d) detached garage, behind the house, is accessed from the local abeet. ��. Lj L_� '-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''-''- [i\ycfDshknsh Chapter 3O-Article Yl y^g,|O6 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (d) Guidelines for exterior signage. A comprehensive sign program is required for the entire Traditional Neighborhood Development which establishes a uniform sign theme. Signs shall share a common style (e.g., size, shape, material). In the mixed use area, all signs shall be wall signs or cantilever signs. Cantilever signs shall be mounted perpendicular to the building face and shall not exceed [8] square feet. (7) Landscaping and Screening Standards. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. Where screening is required by this Ordinance, it shall be at least 3 feet in height, unless otherwise specified. Required screening shall be at least 50 percent opaque throughout the year. Required screening shall be satisfied by one or some combination of: a decorative fence not less than 50 percent opaque behind a continuous landscaped area, a masonry wall, or a hedge. (a) Street trees. A minimum of one deciduous canopy tree per 40 feet of street frontage, or fraction thereof, shall be required. Trees can be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk. (b) Parking area landscaping and screening. All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting residential districts or uses, shall provide: (i) A landscaped area at least 5 feet wide along the public street or sidewalk. (ii) Screening at least 3 feet in height and not less than 50 percent opaque. (iii) One tree for each 25 linear feet of parking lot frontage. (c) Parking area interior landscaping. The corners of parking lots, "islands," and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants,vines, shrubs or trees. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 107 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. Such spaces may include architectural features such as benches, kiosks or bicycle parking. (i) In large parking lots containing more than 200 spaces, an additional landscaped area of at least 300 square feet shall be provided for each 25 spaces or fraction thereof, containing one canopy tree. The remainder shall be covered with turf grass,native grasses or other perennial flowering plants, vines or shrubs. (d) Installation and Maintenance of Landscaping Materials. All landscape materials shall be installed to current industry standards. Maintenance and replacement of landscape materials shall be the responsibility of the property owner. Landscape maintenance should incorporate environmentally sound management practices, including the use of water- and energy-efficient irrigation systems such as drip irrigation, and pruning primarily for plant health and public safety,replacing dead materials annually. (e) Materials. All plant materials must meet the minimum standards set by the American National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock. Landscape species shall be indigenous or proven adaptable to the climate, but shall not be invasive species. Plant materials shall comply with the following standards: (i) Minimum plant size shall be specified as follows (for the purpose of determining tree trunk size, the diameter shall be measured 6 inches above ground level): Plant Type Minimum Size Evergreen tree 6 feet in height Deciduous canopy tree 22 inches caliper at dbh* Small deciduous tree 12 inches caliper at dbh* Evergreen or deciduous shrubs 18 - 24 inches in height *dbh = diameter at breast height (ii) Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought and salt. (iii) Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant size specified above. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 108 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (iv) Landscape materials that are used for screening shall be of a size that allows growth to the desired height and opacity within 2 years. Section 30-163: (UT-O) University Transition Overlay Zoning District (A) Intent. The purpose of this overlay district is to provide the opportunity for slightly higher density residential uses within traditional residential neighborhoods that are in close proximity to the University of Wisconsin-Oshkosh campus area. (B) Principal Uses Permitted By Right. (a) Land uses permitted by right in the underlying zoning district. (b) Roommate Living Arrangement (C) Principal Uses Permitted as Conditional Use. (1) Land uses permitted by conditional use permit in the underlying zoning district. (2) Select Institutional Residential Uses as listed below: (a) Fraternities and Sororities (3) Vacation Rental Home (4) Bed and Breakfast (D) Accessory and Temporary Land Uses. Refer to the underlying zoning district. Section 30-164: (PRE-0) Parking Requirement Exemption Overlay District[Created 4.28.201 (A) Purpose. The purpose of this overlay district is to accommodate smaller sites within the City of Oshkosh's Central City areas that would otherwise be unable to provide required off-street parking hampering new development or reuse of existing structures. (B) Within the Parking Requirement Exemption Overlay District (PRE-O), the parking requirements of this Chapter are hereby waived for nonresidential uses. However, when off-street parking facilities are provided, such facilities shall meet the requirements of this Chapter, except in respect to the number of required spaces. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V1-Page 109 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (C) Mixed-use/upper floor residential uses need only provide evidence of the availability of off-street public or private parking in the amount of I parking space per dwelling unit within 1,000 feet of the unit. (D) See Figures 30-164a through 30-164c for locations of the Parking Requirement Exemption Overlay District. Figure 30-164a.-Parhi"g Requirement Exemption overlity District Area I I �.�".I71lIl W1.9i K' II 1 71, AV Q 'I, �j IJ I F40 9 EIC"A- N), �,II AV rr71 k4g j)2, Pi f I I V1. M isi RLNGl AV g T �Ul� El aP'g! JL&A .5, I 11 YV I I Ilk 71 Figure 30-1164b:Parking Rquirement Exemption OverNy District Arell 2 AVII, %4V W1. §J/0 41 m 7�jV 1 "MRI S'4711 �J'I", _4 j- .......... J1 71 F, 1 11 7,Fill i'll 046 2 rz, --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article VI-Page 110 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. Figure 30-164c- Parking Requirenieut Exemptiom Overby Dbstriel,krea 3 ........................ F/m 177 MMIM f ........ 1=1 7/77 77" [Y JJ J. ..... ........ ............. ri 1131 "o ,emmil, .E .............m,m FIN V N N N N N J..Li. ............ Ell MEL,2M,2111 a,", F®R 711/7171,PIR .................. Sections 30-165 to 30-169: Reserved [Revised 4.28.20] --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article VI-Page I I I Municipal Codes