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HomeMy WebLinkAboutChapter 30 - Article XI - Administration and ProceduresCity of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 1 Municipal Codes Article XI: Administration and Procedures Section 30-330: Purpose The purpose of this Article is to establish responsibilities for the administration of this Chapter, and the enforcement procedures and penalties for non-compliance with the provisions of this Zoning Ordinance. The purpose of this Article is also to establish procedural requirements for zoning text amendments, zoning map amendments, and various development approvals under this Chapter, including but not limited to conditional use permits, temporary use permits, variances, certificates of occupancy, and site plan review and approval. Section 30-331: Exempt Activities The following activities do not require review or approval by the City under this Chapter. (A) Official public information street graphics installed by or at the direction of a governmental unit. (B) The maintenance or improvement of a public road or railroad track within the boundaries of the right-of-way. (C) Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal or construction on established rights-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. Sections 30-332 to 30-340: Reserved Section 30-341: Director of Community Development The Director of Community Development, or designee, is hereby designated as the administrative and enforcement officer(s) for the provisions of this Chapter. The general duty of the Director of Community Development, or designee, is to interpret and administer this Chapter. Examples of duties include: City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 2 Municipal Codes (A) Maintain records of this Chapter, including, but not limited to, all maps, amendments, conditional uses, temporary uses, site plans, planned developments, Campus Master Plans, occupancy permits, variances, appeals, interpretations, and applications thereof. (B) Receive, review, analyze, and develop written reports on all applications for amendments to this Chapter, zoning map amendments, conditional use permits, temporary use permits, land use permits, site plans, special area design review, group and large developments, planned developments, Campus zoning, interpretations, variances, appeals, violations and penalties, sign permits, or other development matters. (C) Serve as staff to the Plan Commission, Zoning Board of Appeals, and other boards and commissions as assigned. (D) Issue land use permits when the requirements of this Chapter have been met, and make and maintain records thereof. (E) Along with any authorized agent, issue citations for the enforcement of this Chapter. (F) Coordinate official development review processes among government offices to the extent feasible. (G) Conduct inspections to determine compliance with the terms of this Chapter and to take remedial action when required. (H) Make interpretations regarding the provisions of this Chapter per Section 30-410. (I) Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters. Section 30-342: Plan Commission (A) The Plan Commission, together with its other statutory duties, shall make recommendations relating to the planning and development of the City to the Common Council, other public officials, and other interested organizations and citizens. The Plan Commission is established in Chapter 2, Article VI, of the City of Oshkosh Municipal Code. (B) Except where they are the final step in the review process as established by this Chapter, the functions of the Plan Commission are recommendatory to the Common Council pursuant to guidelines set forth in this Chapter as to various matters, and, always being mindful of the intent and purposes of this Chapter. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 3 Municipal Codes (C) See Figure 30-360 for a summary of the Plan Commission’s role in administering this Chapter. Section 30-343: Common Council (A) The Common Council, the governing body of the City, subject to recommendations by the Plan Commission, has ultimate authority to adopt changes and amendments to this Zoning Ordinance and the Official Zoning Map and other functions as determined by this Chapter. The Common Council is established in Chapter 2, Article III, of the City of Oshkosh Municipal Code. (B) See Figure 30-360 for a summary of the Common Council’s role in administering this Chapter. Section 30-344: Board of Appeals [Revised 10/13/20] (A) Organization. The Board of Appeals shall be organized and governed as provided in Chapter 2 of this Municipal Code. (B) Powers. The Board of Appeals shall have the powers established in Wis. Stat. 62.23(7) and this Code, including the following: (1) Hear Appeals. To hear and decide appeals where it is alleged there is an error in any order, ruling, requirement, decision, or determination made by the Director of Community Development or designee in the interpretation of Section 62.23 Wis. Stats. or of this Chapter. (2) Hear Appeals. To hear and decide appeals where it is alleged there is an error in any order, ruling, requirement, decision or determination made under other Chapters or Sections of this Municipal Code where appeal is authorized or directed to the Board of Appeals. (3) Interpret Ordinances. Interpret the provisions of this Chapter as provided in Section 30-411. (4) Authorize Variances. To authorize upon appeal in specific cases such variance from the terms of this Chapter as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this Chapter will results in practical difficulty or unnecessary hardship, so that the spirit of the Chapter shall be observed, public safety and City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 4 Municipal Codes welfare secured, and substantial justice done. (5) Extend Districts. To permit the extension of a zoning district where the boundary line of a district divides a lot held in single ownership at the time of passage of this Chapter. (C) See Figure 30-360 for a summary of the role of the Board of Appeals in administering this Chapter. (D) Procedures. The Board of Appeals shall adopt rules for its government and procedure. Meetings of the Board of Appeals shall be held at the call of the Chairman and at such times as the Board of Appeals may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Appeals shall take no action except in a specific case and after a public hearing conducted by such Board. Notices of the time and place of such public hearing shall be posted in at least three (3) public places. Notices shall be sent to interested parties as determined by the secretary of the Board of Appeals. There shall be at least a three (3) day period between the time of posting and the time of the meeting excluding the day of posting. Such notice shall contain the particular address or location of the property for which the variance or other ruling by the Board of Appeals is sought, as well as a brief description of the nature of the appeal, and of what the proposed variance consists. Powers of Board Limited. The Board of Appeals has no other powers than those specified above. [Created 10/13/20] Section 30-345: Other City Boards and Commission See Chapter 2, Article VI, of the City of Oshkosh Municipal Code for the powers and duties of the Landmarks Commission, Pedestrian and Bicycle Advisory Commission, Sustainability Advisory Commission, Extraterritorial Zoning Committee, and other City boards and commissions. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 5 Municipal Codes Sections 30-346 to 30-359: Reserved Section 30-360: Review and Approval Required (A) Review procedures vary depending on the type of request; however, procedures within this Article generally adhere to three common elements: (1) Submittal of a complete application, including fee payment and appropriate supplemental information (2) Review by appropriate City staff and/or officials (3) Action by appropriate City officials or staff to approve, conditionally approve, or deny the request. (B) Figure 30-360 summarizes the procedures, agencies, and personnel involved in the various procedures authorized by this Chapter. Detailed zoning procedures are discussed in Section 30-380 through 30-412 of this Article. Figure 30-360 is provided as a convenience for the City and general public. Where there are conflicts between the text of this Chapter and Figure 30-360, the text shall prevail. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 6 Municipal Codes Figure 30-360: Review and Approval Activities and Bodies Application Process Staff Plan Commission Common Council Zoning Board of Appeals Landmarks Commission Zoning Ordinance Amendment (§30-380) RR PH, RR RE, A Zoning Map Amendment (§30-381) PM*, RR PH, RR RE, A Conditional Use Permit (§30-382) PM*, RR RE RE, A RR** Temporary Use Permit (§30-383) RE, IP Land Use Permit (§30-384) RE, IP Site Plan (§30-385) RE, A Special Area Design Review (§30-386) (CMU and RF-O zoning districts) See Section 30-386 Group & Large Development (§30-171) PM*, RR RE RE, A RR** Planned Development (§30-387) PM*, RR PH, RR,A RE, A Campus Zoning (§30-388) PM, RR PH, RR RE, A Interpretations (§30-411) RE, A Appeal Only Variances (§30-412) RR PH, RE, A Appeals of Zoning Interpretations (§30-410) RR PH, RE, A Violations and Penalties (§30-430) RE, A Official Mapping (§Wis. Stats. 62.23(6)) PM, RR PH, RR RE, A Land Interest Transfer RE, A Land Division-CSM/no new lot (Article XVII) RE, A Land Division-CSM/new lot (Article XVII) RR RE, A Land Division-Preliminary Plat (Article XVII) RR RR RE, A Land Division-Final Plat (Article XVII) RR RR A Design Standard Variance (§30-240(d)3.) RR RE, A RR** Historic Preservation: Landmarking (Article XVIII) PM, RR RR RE, A PH, RR Historic Preservation: Building Permit (Article XVIII) RE, A PH, A, Appeal Only PH, RE, A Figure and footnotes continued on the following page. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 7 Municipal Codes Figure 30-360: Review and Approval Activities and Bodies, Continued Application Process Staff Plan Commission Common Council Zoning Board of Appeals Landmarks Commission Planning Document/Plans PM, RR RR RE, A RR** Access Control Variance (§25-104.2) RR RE, A Annexation (Wis. Stats. 66.0217) RR PH, RR RE, A Attachment Refer to Adopted Agreement Street Vacation/Discontinuance (Wis. Stats. 66.1003) RR RR PH, RE, A Floodplain Map Amendment (§30-156) Refer to Wisconsin DNR/FEMA Privilege in the Right-of-Way (Wis. Stats. 62.23) RR RR RE, A Easement Acceptance/Release (Wis. Stats. 62.23) RR RR RE, A Sign Permit (§30-310) RE, IP Building Permit RE, IP See Chapter 7 of the Municipal Code Certificate of Occupancy RE, IP See Chapter 7 of the Municipal Code RE = Review and Evaluate IP = Issues Permit RR = Review and Recommend PH = Public Hearing PM = Public Meeting A = Final Action Note: This table is not exhaustive. Some procedures may not be covered within this table. * If determined to be necessary by the Director of Community Development. ** Landmarks Commission review and recommendation necessary if site/building is locally landmarked, individually listed or part of the State or National Register of Historic Places. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 8 Municipal Codes Section 30-361: Notice of Public Hearings In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this Chapter. (A) Notice of any public hearing which the Council, Plan Commission, or Board of Appeals is required to hold under the terms of this Chapter shall specify the date, time, and place of hearing, and the matter to be presented at the hearing. (B) The notice for zoning ordinance amendments and zoning map amendments shall be published as a Class 2 notice. (C) The notice of public hearing shall be published in a newspaper of general circulation in the City of Oshkosh before the public hearing, as prescribed by state statutes or local ordinances. (D) Notice of the public hearing shall be mailed to the last known address of all parties- in-interest before the hearing. Parties-in-interest shall be defined as the petitioner; the Clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition; the owners of all lands included in the petition and all lands lying within 100 feet of lands included in the petition; and the owner or operator of an airport lying within 1 mile of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by any of the aforementioned bodies. Section 30-362: Public Meetings (A) For certain more complicated proposals, a public meeting may be required. Such meetings shall provide an opportunity for legitimately interested parties to thoroughly examine the proposal and allows the applicant to provide a thorough explanation of the proposal, answer questions from the public and City, and potentially amend the proposal based on public input. (B) Where a public meeting is required, within 90 days of filing of a complete application, the applicant shall hold a public meeting to introduce and inform property owners within 100 feet of the subject property of the proposal to solicit comments and address concerns. The City can supply a list of property owners to the applicant upon request. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 9 Municipal Codes (1) The public meeting shall be held at a time and location that average member of the public can reasonably attend, as determined by the Director of Community Development, or designee. (2) The Director of Community Development, or designee, shall be notified of and invited to the public meeting in order to assist the applicant and public on the topic. (3) The public meeting shall be noticed. (4) Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting minutes, attendance records, documents distributed at the meeting, and presentation materials shall be provided to the City (5) The public meeting shall be held prior to review and action by the Plan Commission. (6) Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing and informing property owners within 100 feet of the subject property of the proposal may substitute for the public meeting, if deemed appropriate by the Director of Community Development, or designee. Sections 30-363 to 30-379: Reserved Section 30-380: Zoning Ordinance Amendment (A) Purpose. The purpose of this Section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to the provisions of this Chapter. Refer also to the requirements of Wis. Stats. 62.23(7)(d). (B) Initiation of Request for Amendment. Proceedings for amendment of this Chapter may be initiated by one of the following four methods: (1) An application by any member of the general public. (2) A recommendation by the Plan Commission to the Common Council. (3) Action of the Common Council. (4) A recommendation by City staff. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 10 Municipal Codes (C) Application Requirements. An application to amend the regulations of this Chapter shall contain the following (digital files should be submitted whenever possible, if applicable): (1) The Section(s) of the current provisions of this Chapter which are proposed to be amended. (2) The text which is proposed to replace the current text. (3) As an optional requirement, the applicant may provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the Comprehensive Plan. (4) Any further information needed by the Plan Commission to facilitate appropriate review and generation of a comprehensive report to the Plan Commission and Common Council. (D) Review by the Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant and the application will not be forwarded. (2) The Director of Community Development, or designee, and Development Review Team shall review the complete application and evaluate whether the proposed amendment: (a) Advances the purposes of this Chapter as outlined in Section 30-03. (b) Advances the purposes of the general Article in which the amendment is proposed to be located. (c) Advances the purposes of the specific Section in which the amendment is proposed to be located. (d) Is in harmony with the Comprehensive Plan. (e) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (f) Addresses any of the following factors that may not be addressed in the current zoning text: (i) A change in the land market, or other factors which require a new form of development, a new type of land use, or a new procedure to meet said change(s). City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 11 Municipal Codes (ii) New methods of development or types of infrastructure. (iii) Changing governmental finances to meet the needs of the government in terms of providing and affording public services. (iv) Any other factor deemed appropriate by the City. (g) The Director of Community Development, or designee, shall prepare a written report addressing items in Subsection (D)(2), above, and forward said report to the Plan Commission for the Commission’s review and use in making its recommendation to the Common Council. (If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions of this Chapter or the Comprehensive Plan, the Director of Community Development, or designee, shall note this determination in the report.) (E) Public Hearing. Within 90 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with Section 30-361 to consider the request. A public hearing may be held more than 90 days from the filing of the complete application when requested by the applicant in writing. (F) Review and Recommendation by the Plan Commission. (1) Within 60 days of the public hearing, the Plan Commission shall make its recommendations regarding the application. Said recommendation may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (B)(2) above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment. (2) If the Plan Commission fails to make a recommendation within 60 days of the public hearing, the Common Council may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said recommendation from the Plan Commission shall not invalidate the proceedings or actions of the Common Council. If a public hearing is necessary, the Common Council shall provide notice per the requirements of Section 30- 361. (G) Review and Action by the Common Council. (1) The Common Council shall consider the recommendation of the Plan Commission regarding the proposed amendment. The Common Council may request further information and/or additional reports from the Plan Commission, Director of Community Development (or designee), the applicant, and/or any other entity as it sees fit. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 12 Municipal Codes (2) The Common Council may refer the matter back to the Plan Commission. In such cases, the Common Council shall specify the issue(s) to be addressed in further detail. (3) The Common Council may take final action (by ordinance) on the application at the time of its initial meeting, or may continue the proceedings by its own decision or the applicant’s request. The Common Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. (4) If the Common Council wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to Common Council action. Any action to amend the provisions of proposed amendment requires a majority vote of the Common Council. (H) Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material changes of circumstances. Section 30-381: Zoning Map Amendment (A) Purpose. The purpose of this Section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of the Official Zoning Map (rezonings). (B) Initiation of Request for Amendment. Proceedings for amendment of the Official Zoning Map may be initiated by an application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property; a recommendation of the Plan Commission; by action of the Common Council; or by City staff. (C) Application. An application to amend the Official Zoning Map shall contain the following (digital files should be submitted whenever possible, if applicable): (1) A map of the subject property to scale depicting: (a) All lands for which the zoning is proposed to be amended and all other lands within 100 feet of the boundaries of the subject property. (b) All parcels numbers for the subject property. (c) Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 13 Municipal Codes (d) All lot dimensions of the subject property. (e) A graphic scale and north arrow. (2) Legal description of the property. (3) Written justification for the proposed Official Zoning Map amendment, including evidence that the application is consistent with the Comprehensive Plan. (4) Any further information needed by the Plan Commission to facilitate the making of a comprehensive report to the Plan Commission and Common Council. (D) Review by Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant and the application will not be forwarded. (2) The Director of Community Development, or designee, shall review the complete application and evaluate whether the proposed amendment: (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (i) The designations of the Official Zoning Map are not in conformance with the Comprehensive Plan. (ii) A mapping mistake was made, including the omission on the Official Zoning Map of an approved zoning map amendment. (iii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. (iv) Growth patterns or rates have changed, creating the need for an amendment to the Official Zoning Map. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 14 Municipal Codes (3) The Director of Community Development, or designee, shall prepare a written report addressing items (D)(2), above, and forward said report to the Plan Commission for the Commission’s review and use in making its recommendation to the Common Council. If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions of this Chapter or the Comprehensive Plan, the Director of Community Development, or designee, shall note this determination in the report. (E) Public Meeting. If proposed development is expected to have significant impact on other properties, the Director of Community Development, or designee, may require a public meeting. (1) Where a public meeting is required, within 90 days of filing of a complete application, the applicant shall hold a public meeting to introduce and inform property owners within 100 feet of the subject property of the proposal to solicit comments and address concerns. The City can supply a list of property owners to the applicant upon request. (a) The public meeting shall be held at a time and location that average member of the public can reasonably attend, as determined by the Director of Community Development, or designee. (b) The Director of Community Development, or designee, shall be notified of and invited to the public meeting in order to assist the applicant and public on the topic. (c) The public meeting shall be held prior to review and action by the Plan Commission. (d) The public meeting shall be noticed. (e) Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting minutes, attendance records, documents distributed at the meeting, and presentation materials shall be provided to the City (f) Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing and informing property owners within 100 feet of the subject property of the proposal may substitute for the public meeting, if deemed appropriate by the Director of Community Development, or designee. (F) Public Hearing. Within 90 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with Section 30-361 to consider the request. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 15 Municipal Codes (G) Review and Recommendation by the Plan Commission. (1) Within 60 days of the public hearing, the Plan Commission may make a written report to the Common Council and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (D)(2) above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment. (2) If the Plan Commission fails to make a report within 60 days after the filing of a complete application, the Common Council may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the Common Council. If a public hearing is necessary, the Common Council shall provide notice per the requirements of Section 30-361. (H) Review and Action by the Common Council. (1) The Common Council shall consider the recommendation of the Plan Commission regarding the proposed amendment. The Common Council may request further information and/or additional reports from the Plan Commission, Director of Community Development (or designee), the applicant, and/or any other entity as it sees fit. (2) The Common Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. (3) If the Common Council wishes to make significant changes in the proposed amendment to the Official Zoning Map, the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to Common Council action. Any action to amend the Official Zoning Map requires a majority vote of the Common Council, The Common Council’s approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment. [Revised 6/11/19] City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 16 Municipal Codes (I) Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Director of Community Development, or designee. Section 30-382: Conditional Use Permit Procedures (A) Purpose. The purpose of this Section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses. (B) Applicability. There are certain uses, which because of their unique characteristics, may have a high potential to create undesirable impacts on nearby properties, public facilities, or the community as a whole. In these cases, specific standards, regulations, or conditions may be established. (C) A proposed conditional use may be denied unless the applicant can demonstrate to the satisfaction of the City that the proposed conditional use will not create undesirable impacts on nearby properties, the environment, or the community as a whole. (D) Initiation of Request. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property. (E) Application. An application for a conditional use permit should contain the following (digital files should be submitted whenever possible, if applicable): (1) A map of the subject property to scale depicting: (1) All lands for which the conditional use is proposed and all other lands within 100 feet of the boundaries of the subject property. (2) Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. (3) All lot dimensions of the subject property. (4) A graphic scale and a north arrow. (2) Written description of the proposed conditional use including the type of activities, buildings, structures, and off-street parking proposed for the subject property and their general locations, as well as the number of employees and the hours of operation. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 17 Municipal Codes (3) A site plan of the subject property if proposed for development conforming to all requirements of Section 30-385. If the proposed conditional use is a group or large development (per Section 30-171), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required per Section 30-385. (4) Written justification for the proposed conditional use, including evidence that the application is consistent with the Comprehensive Plan. See Subsection (F)(3)(a) thru (e) below, for review criteria. (5) A Traffic Impact Analysis (TIA) meeting Wisconsin Department of Transportation requirements for content and format may be required by the City if deemed necessary by the Director of Community Development, or designee. (F) Review by Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (2) The Director of Community Development, or designee, may coordinate review with the City’s Development Review Team. (3) The Director of Community Development, or designee, shall review the complete application and evaluate whether the proposed conditional use: (1) Is in harmony with the Comprehensive Plan. (2) Would result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights- of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 18 Municipal Codes (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. (4) The Director of Community Development, or designee, shall prepare a written report addressing the items under Subsection (F)(3), above, to be forwarded to the Plan Commission for the Commission’s review. If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Director of Community Development, or designee, shall note this determination in the report. (G) Public Meeting. If proposed development is expected to have significant impact on other properties, the Director of Community Development, or designee, may require a public meeting. (1) Where a public meeting is required, within 90 days of filing of a complete application, the applicant shall hold a public meeting to introduce and inform property owners within 100 feet of the subject property of the proposal to solicit comments and address concerns. The City can supply a list of property owners to the applicant upon request. (1) The public meeting shall be held at a time and location that average member of the public can reasonably attend, as determined by the Director of Community Development, or designee. (2) The Director of Community Development, or designee, shall be notified of and invited to the public meeting in order to assist the applicant and public on the topic. (3) The public meeting shall be held prior to review and action by the Plan Commission. (4) The public meeting shall be noticed. (5) Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting minutes, attendance records, documents distributed at the meeting, and presentation materials shall be provided to the City. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 19 Municipal Codes (6) Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing and informing property owners within 100 feet of the subject property of the proposal may substitute for the public meeting, if deemed appropriate by the Director of Community Development, or designee. (H) Review and Action by the Plan Commission. (1) The Plan Commission may request further information and/or additional reports from the Director of Community Development, or designee, applicant, and/or from any other source. (2) The Plan Commission may take final action on the application at the time of its initial meeting or may continue the proceedings. The Plan Commission may recommend the conditional use with modifications and/or conditions, or may recommend denial of the proposed conditional use. Said action shall be followed by a written report which may include a formal finding of facts developed and approved by the Plan Commission concerning the request. Said report shall be forwarded to the Common Council for its review and action on the proposed conditional use. (3) If the Plan Commission wishes to recommend significant changes in the proposed conditional use, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to Plan Commission action. (I) Review by the Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (2) The Director of Community Development, or designee, shall review the application and evaluate and comment on the written justification for the requested appeal to the Common Council as submitted by the applicant. The Director of Community Development, or designee, shall also evaluate the application to determine whether the requested appeal is in harmony with the Comprehensive Plan. (3) The Director of Community Development, or designee, shall forward a report to the Common Council for review and action. If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions this Chapter or the Comprehensive Plan, the Director of City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 20 Municipal Codes Community Development, or designee, shall note this determination in the report. (J) Review and Action by the Common Council. Within 60 days after the filing of an application, the Common Council shall make its findings and take final action (by resolution). The Common Council may request further information and/or additional reports from the Plan Commission, Director of Community Development (or designee), the applicant, and/or any other entity as it deems reasonable. (K) Limited Effect of Approval. A ruling by the Common Council finding a particular land use to be conditionally permitted in a specified zoning district shall be deemed to authorize only at that particular use at that particular location for the period of time for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more. (L) Revocation of an Approved Conditional Use. (1) Upon approval by the Plan Commission, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per Section 30-385. Once a conditional use is granted, no erosion control permit, site plan, certificate of occupancy, or building permit shall be issued for any development which does not comply with all requirements of this Chapter. (2) Any conditional use found not to be in compliance with the terms of this Chapter or an approved conditional use permit shall be considered in violation of this Chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Plan Commission, following the procedures outlined in Subsections (E) through (H), above. The City shall provide the property owner with appropriate served notice to consider revocation. City staff shall provide written findings of fact in relation to the factors listed in Subsection (F)(3). (M) Time Limits on the Development of Conditional Use. (1) Unless extended as a condition of approval, the start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Plan Commission and shall be operational within 730 days of said approval. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 21 Municipal Codes For the purposes of this Section, “operational” shall be defined as the granting of a certificate of occupancy for the conditional use. (2) Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. (3) Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Director of Community Development, or designee, and shall be based upon a showing of acceptable justification, as determined by the Plan Commission. However, as a condition of approval, the 365-day and/or 730-day time limits may be extended for any specific period to accommodate phased or multi-stage development. (N) Discontinuing an Approved Conditional Use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period. (O) Change of Ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. (P) Modification, Alteration, or Expansion. (1) The Director of Community Development, or designee, may authorize a modification, alteration, or expansion to the site plan for a site with a valid conditional use permit provided that said modification, alteration, or expansion is permitted by right by this Chapter. (2) Modification, alteration, or expansion of any conditional use without approval by the Plan Commission or Common Council shall be considered in violation of this Chapter and shall be grounds for revocation of said conditional use approval per Subsection (L), above. (3) A modification, alteration, or expansion which has been approved as part of a prior valid conditional use does not require a new conditional use approval. (Q) Recording of Conditional Use Requirements. Except for conditional use approvals for temporary uses, a certified copy of the authorizing resolution, containing identifiable description and any specific requirements of approval, shall be recorded by the City of Oshkosh with the Register of Deeds for the subject property. The City shall record modifications, alterations and expansions as well as expired or revoked conditional use permits. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 22 Municipal Codes (R) Formerly Approved Conditional Uses. A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this Chapter, shall be considered as a legal, conforming land use so long as the previously approved conditions of use and previously approved site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and City consideration under this Section. (S) Limited Conditional Uses: A limited conditional use is any development, activity or operation for which a conditional use permit has been approved that is limited to a specific operator or property owner, or to a specific date or event upon which the conditional use permit either expires or is required to be reviewed and reapproved. The Plan Commission may require any proposed conditional use request to be a limited conditional use. The Plan Commission shall specify which of the following characteristics are present that create the need for the limited conditional use: (1) A particular aspect of the specific land use. (2) A particular aspect of the proposed operation (including, but not limited to, operating hours). (3) A particular aspect of the proposed location. (4) A particular aspect of the proposed site design. (5) A particular aspect of the adjacent property or of the surrounding environs. (6) Any other reason(s) the Plan Commission deems specially relevant and material. (T) Successor Conditional Uses. (1) Definition. A successor conditional use is a land use which has been granted a conditional use permit by the City, which is proposed to undergo one or more of the following changes: (a) Changing from the specific use originally permitted by the conditional use to another operation of the same use within 365 days of the ending of the original use. For example, changing from one restaurant to another is permitted. However, changing from a restaurant to a tavern is not permitted even though both are considered Restaurants, Taverns, and Indoor Commercial Entertainment land uses under Section 30-78(H). Likewise, changing from a drive-through restaurant to a drive-through bank is not permitted, even though both are considered Drive-Through and In-Vehicle Sales and Service under Section 30-78(J). City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 23 Municipal Codes (b) A change in the ownership of the subject property (c) A change in the ownership of the business or other operator of the land use (d) Other changes explicitly identified in a previously issued conditional use permit that are identified as acceptable successor conditional uses (2) Purpose. The purpose of these provisions is to create a process that: (a) Reduces the costs and time needed to approve a successor conditional use. (b) Verifies that the proposed change is a valid successor conditional use. (c) Creates a record that the proposed change is approved. (d) Provides the land use and City with a list of all applicable requirements. (3) Proposed Expansions Are Not Eligible. Any physical enlargement of a previously approved conditional use in terms of buildings, structures, activity areas, and/or any expansion of the conditions of operation beyond the limits of site plans, floor plans and conditions of operation approved through the conditional use process shall not be eligible for treatment as a successor conditional use and must seek an amendment to its conditional use permit through the conditional use process. (a) The Director of Community Development, or designee, may authorize an expansion to a site eligible for a successor conditional use (as defined by this Subsection), provided that said expansion is permitted by right by this Chapter. Section 30-383: Temporary Use Permit Procedures (A) Purpose. The purpose of this Section is to provide regulations that govern temporary uses. All temporary uses are required to meet the general requirements of this Chapter and the requirements of the zoning district in which the subject property is located. (B) Review and Approval by the Director of Community Development, or designee. All temporary uses require a temporary use permit. In order to address unforeseen circumstances, the Director of Community Development, or designee, may require an applicant to submit materials including, but not limited to: City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 24 Municipal Codes (1) A map of the subject property to scale depicting: (a) All lands for which the temporary use is proposed and all other lands within 100 feet of the boundaries of the subject property. (b) Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. (c) All lot dimensions of the subject property. (d) A graphic scale and a north arrow. (2) A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations. (3) A site plan of the subject property. Said site plan shall conform to any and all the requirements of Section 30-385. (4) Additional information as may be required by the Director of Community Development, or designee. Section 30-384: Land Use Permit Review and Approval Procedures (A) Purpose. The purpose of this Section is to determine compliance with this Chapter for any new land use, any change in land use, and any development or land disturbing activity (e.g., structure, paving, grading). The purpose of this Section is also to determine if other procedures are needed per the requirements of this Article. A land use permit may be waived if other application processes are necessary, including some instances of building permits, site plans, and conditional use permits. (B) Applicability. A land use permit shall be required for any of the following activities: (1) The establishment of a new use of a structure or land. (2) A change in type of use of a structure or land. (3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land. (4) Commencement of mining or excavation on a parcel of land. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 25 Municipal Codes (5) Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land. (6) Alteration of a shore, bank, or floodplain of a stream, lake, pond, or artificial body of water. (C) Application. Applications for a land use permit shall contain all of the following, if applicable (digital files should be submitted whenever possible, if applicable): (1) Name and address of the applicant, owner of the site, architect, engineer, and contractor. (2) Description of the subject site by lot, block, and recorded subdivision or by metes and bounds. (3) Address of the subject site. (4) Type of existing and proposed structure(s). (5) Existing and proposed operation or use of the structure or site. (6) Number of employees. (7) Zoning district within which the subject site lies. (8) Additional information as may be required by the City Engineer or Director of Community Development, or designee. (D) Action by Director of Community Development, or designee. A land use permit shall be granted or denied by the Director of Community Development, or designee, in writing within 30 days of the application, and the applicant shall post such permit in a conspicuous place at the site. Any permit issued in conflict with the provisions of the Chapter shall be null and void. (E) Time Limits on Land Use Permits. The work must begin within 365 days of approval and be completed within 730 days. Time limits for Conditional Use Permits and Variances may be established at the time of approval. All other permits shall meet the timelines required at the time of issuance as listed elsewhere in this Chapter. Section 30-385: Site Plan Review and Approval Procedures (A) Purpose. The purpose of this Section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this Section are designed to ensure that proposed land uses and development activity complies with the requirements of this Chapter. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 26 Municipal Codes (B) Applicability. Site plan review and approval shall be required for changes to site characteristics in Subsections (D)(3) through (9) including redevelopment, expansion, and new nonresidential development, and residential development containing 3 or more units, except for the following: (1) Residential accessory buildings, decks, and landscape features. (2) Fences. (3) Uses within a Specific Implementation Plan in a Planned Development in accordance with the procedures of Section 30-387(5), provided that the Specific Implementation Plan provides a similar level of detail and range of plans as a typical site plan submittal required under this Chapter. (C) Pre-Application Conference. Prior to formal submittal of a site plan application, it is recommended that the applicant confer with the Director of Community Development, or designee, in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the technical requirements and procedures for processing the site plan application. A timetable for project review may also be discussed. (D) Application. A site plan application may be considered complete if it contains all of the requirements of Subsections (a) through (i), below, unless specific application requirements are waived in writing by the Director of Community Development, or designee. Maps depicting the following information shall be prepared (digital files should be submitted whenever possible, if applicable). (1) Written description of the intended use describing in reasonable detail the following: (a) Existing zoning district(s) and proposed zoning district(s), if different. (b) Existing and proposed land uses. (c) Projected number of residents, employees, and/or daily customers. (d) Proposed number of dwelling units and density. (e) Demonstration of compliance with the applicable standards and requirements of this Chapter. (f) Demonstration of compliance with the City’s land dedication requirements in the Land Subdivision Ordinance the City of Oshkosh Municipal Code. (g) Demonstration of consistency with the Comprehensive Plan. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 27 Municipal Codes (h) Fencing materials (Section 30-192). (i) Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties. (2) A location map showing the subject property and illustrating its relationship to the nearest street intersection. (3) Pre-Development Site Information. A map to scale shall depict the following information: (a) Legal description of the subject property. (b) Existing property lines and setback lines. (c) Existing structures and paved areas. (d) Existing right-of-way lines with bearings and dimensions clearly labeled. (e) Existing easements and utilities. (f) Existing and proposed topography with a maximum contour interval of 2 feet, except where existing ground is on a slope of less than 2 percent where 1 foot contours shall be shown. (g) The outer edges of all natural resource areas (i.e. floodplains, shorelands, wetlands, drainageways, woodlands, steep slopes). (4) Proposed Post-Development Site Information. A map to scale shall depict the following information: (a) Property lines and setback lines. (b) Location of all proposed structures and use areas, including but not limited to paved areas, building entrances, walks, drives, decks, patios, fences, utility poles, and drainage facilities. (c) Proposed right-of-way lines with bearings and dimensions clearly labeled. (d) Proposed access points onto public streets and access drives on the subject property. (e) Location and dimension of all on-site parking (and off-site provisions if they are to be employed), including a summary of the number of parking stalls provided. (f) Location of all proposed parking and traffic circulation areas. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 28 Municipal Codes (g) Location and configuration of all visibility triangles proposed on the subject property. (h) Location and dimension of all loading and service areas on the subject property. (i) Location of all outdoor storage areas and the design of all screening devices. (j) Location of all rooftop, wall-mounted, and ground-mounted mechanical equipment, and the design of all screening devices. (k) Location and type of all stormwater facilities and management approach to be employed. (l) Location of snow storage areas, except for single family and two family residential. (m) Proposed easement lines and dimensions with a key provided and explained as to ownership and purpose. (n) Location, type, height, size, and lighting of all signage on the subject property. (o) In the legend, include the following data for the subject property: lot area, flood area, impervious surface area, impervious surface ratio, and building heights. (5) Detailed Landscaping Plan. If required, a landscape plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in Article IX. (6) Grading and Erosion Control Plan. Depicting existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the City Engineer. (7) Elevation Drawings. Elevation drawings shall be to scale and shall include the following information: (a) Elevations of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment and all rooftop, wall- mounted, and ground-mounted mechanical equipment. (b) Depict exterior materials, texture, color, and overall appearance. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 29 Municipal Codes (c) Perspective renderings of the proposed project and/or photos of similar structures may also be submitted, but not in lieu of drawings showing the actual intended appearance of the building(s). (8) Photometric Plan. The photometric plan shall be to scale and shall include the following information: (a) Location, type, height, design, illumination power, and orientation of all exterior lighting on the subject property. (b) Impact of lighting across the entire property to the property lines rounding to the nearest 0.10 foot candles. (9) Operational Plan. (a) Describe the proposed hours of operation and traffic generation. (b) Procedures for snow removal, except for single and two family residential. (E) Review and Approval. (1) The Director of Community Development, or designee, shall determine whether the site plan application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (2) The Director of Community Development, or designee, shall coordinate review with the City’s Development Review Team. (3) The Director of Community Development, or designee, shall review and approve or deny the site plan. (F) Adjustments to Adopted Site Plans. (1) The following adjustments may be approved administratively by City staff and no additional process is necessary: (a) A proposed adjustment that would add to or relocate amenity site elements which are not required such as additional non-required landscaping. (b) A proposed adjustment that would erase approved site development components which are not required such as a building, a portion of a building, an area of non-required landscaping, or a non-required paved area. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 30 Municipal Codes (2) The following adjustments that alter the required components of the approved site plan require a full site plan review process: (a) A proposed adjustment that would erase and/or relocate approved site development components which are required such as a stormwater management feature, required landscaping, or required paved areas. (b) A proposed adjustment that would expand and/or add any areas of development (building or paving), whether required or optional. (3) If a new site plan is required, and the site plan is a required component of a Conditional Use Permit or a Specific Implementation Plan, an amended (in essence, a new) Conditional Use Permit or Specific Implementation Plan is required. (4) If the proposed development involves adding one or more land use categories which are not permitted by right in the zoning district or under the list of permitted by right uses in a Conditional Use Permit or General Development Plan, a new Conditional Use Permit or General Development Plan is required. Section 30-386: Special Area Design Review (A) Purpose and Scope. The design standards of this Chapter are intended to preserve and enhance the aesthetic qualities (historical and visual) of the community and attain a consistent visually pleasing image for the City. Special Area Design Review is designed to forward both aesthetic and economic objectives of the City by controlling the site design and exterior appearance of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure the long-term progress and broad participation toward these principles. (B) Procedure for Review and Approval. There are three categories of review: Renovation Review, Design Alteration Review, and Project Review. These procedures do not apply to any modifications to the interior of a building or structure. See Figure 30-386 below for a summary of the processes. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 31 Municipal Codes Figure 30-386: Process for Special Area Design Review (1) Renovation Review. Applications which involve only a renovation of the exterior appearance of a property (such as repainting, re-roofing, residing or replacing with identical colors, finishes, and materials), as determined by the Director of Community Development, or designee, are considered a Renovation Review and may proceed with the project; no additional processes are required other than a building permit. (2) Design Alteration Review. Applications which involve a change only in the exterior appearance of a nonresidential or multi-family property (such as painting, roofing, siding, architectural component substitution, fencing, paving, or signage), are considered Design Alteration Review and are subject to review and approval by the Director of Community Development, or designee. Procedure Type of Proposal Renovation1 Design2 Project3 1. Consultation with Director of Community Development, or designee, to confirm type of proposal Yes Yes Yes 2. Submit Proposed and Existing Building Elevations No Yes Yes 3. Submit Site Plan Application No No Yes 4. Submit Conditional Use Permit Application No No Yes 5. Review and action by Director of Community Development, or designee No Yes Yes 6. Review and action by Plan Commission No Maybe Yes 7. Review and action by Common Council No Maybe Yes KEY: Yes = Step is required. No = Step is not required. Maybe = Step may be required at the discretion of the Director of Community Development, or designee. 1Only a replacement to or maintenance of the exterior of a property. 2Only a change in the appearance of a property. 3Modification to the physical configuration of a property, i.e. new building, addition, or demolition City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 32 Municipal Codes (a) Procedure. Design Alteration Review proposals are subject to the following procedures: (i) The Director of Community Development, or designee, shall determine whether the Design Alteration Review application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (ii) The Director of Community Development, or designee, shall coordinate review with the City’s Development Review Team. (iii) The Director of Community Development, or designee, shall review and approve or deny the application. (b) Application requirements. In addition to the application requirements for site plan review, all applications for Design Alteration Review shall be made to the Director of Community Development, or designee, and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following, unless specifically waived in writing by the Director of Community Development, or designee (i) A clear depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City. (ii) A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City. (iii) A written description of the proposed modification, including a complete listing of proposed components, materials, and colors. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 33 Municipal Codes (iv) Written justification for the proposed alteration consisting of the reasons why the applicant believes the requested alteration is in harmony with the building design standards of the Central Mixed Use Zoning District (Section 30-245(A)) or Riverfront Overlay District (Section 30-245(B)), as applicable. (c) At his/her discretion, the Director of Community Development, or designee, may forward the Design Alteration Review application to the Plan Commission for Review and final determination. (3) Project Review. Applications which involve modification to the physical configuration of a property (such as the erection of a new building or the demolition of an existing building) are subject to Project Review by the Director of Community Development, or designee, the Plan Commission and Common Council. The Director of Community Development, or designee, shall serve as the liaison between the applicant and the Plan Commission in facilitating the thorough and expedient review of an application, and shall ensure that the technical and procedural requirements of the Zoning Ordinance are met. The Plan Commission shall review and recommend to the Common Council on aesthetics, building design, and site design, and shall focus its review on the application’s compliance with sound aesthetic, land use, site design and economic revitalization practices. In part, this effort shall be guided by the Comprehensive Plan and other area plans. (a) Procedure. Project review proposals shall follow procedures for conditional use permits; refer to Section 30-382. (b) Application requirements. In addition to the application requirements for conditional use permits, all applications for Project Review shall be made to the Director of Community Development, or designee, and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following, unless specifically waived in writing by the Director of Community Development, or designee. (i) A clear depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 34 Municipal Codes (ii) A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the City. (iii) For all projects involving a new building, or an addition exceeding 100 square feet of gross floor area that reduces or extends a building’s footprint or height, a detailed, scaled site plan which provides the following information: (aa) A title block indicating name and address of the current property owner, developer and project consultants. (bb) The date of the original plan and the latest date of revision to the plan. (cc) A north arrow and a graphic scale. (dd) All property lines and existing and proposed right-of-way lines with dimensions clearly labeled. (ee) All existing and proposed easement lines and dimensions with a key provided and explained as to ownership and purpose. (ff) All existing and proposed buildings, structures, and paved areas, including walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls. (gg) All required building setback lines. (hh) The location, type and size of all signage on the site. (ii) The location, type and orientation of all exterior lighting on the subject property. (jj) The location of all access points, parking and loading areas on the subject property, including a summary of the number of parking stalls and labels indicating the dimension of such areas. (kk) The location of all outdoor storage areas. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 35 Municipal Codes (ll) The location and type of any green space areas. (mm) The location of existing and proposed drainage facilities. (nn) In the legend, the following data for the subject property: lot area, floor area, impervious surface area, impervious surface ratio, and building height. (iv) A detailed landscaping plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in Article IX. (v) A written description of the proposed project, including a complete listing of proposed components, materials, and colors. (vi) Written justification for the proposed alteration or new construction consisting of the reasons why the applicant believes the requested alteration or new construction is in harmony with the applicable building design standards for Special Areas in Section 30-245. (C) Additional Recommendations Permitted Under the Special Area Design Review Process. (1) The Director of Community Development, or designee, is hereby authorized to make recommendations for, or require modifications to, a proposed application for Renovation Review, Design Alteration Review, or Project Review. (2) The Plan Commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for Design Alteration Review and Project Review. (3) The Landmarks Commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for Design Alteration Review and Project Review for locally-recognized landmarks, properties that contribute to a Local, State, or National Historic District, or properties that are individually listed on the Local, State, or National Register of Historic Places. (D) Appeals. Appeals from the decisions of the Director of Community Development, or designee, and Plan Commission may be made to the Common Council per the provisions of the Municipal Code. (E) Penalty. Penalty for violation of the provisions of this Chapter shall be per the provisions of Section 30-430. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 36 Municipal Codes Section 30-387: Planned Developments (A) Purpose. The purpose of this Section is to provide regulations which govern the procedures for the review and approval or denial of proposed Planned Developments. (B) Initiation of Request. Proceedings for approval of a Planned Development may be initiated by any of the following: (1) An application by the owner(s) of the subject property or authorized agent of the owner(s) of the subject property; (2) A recommendation of the Plan Commission to the Common Council; or (3) By action of the Common Council. (C) Procedure for Planned Development Review. The procedure for zoning to a Planned Development (PD) district shall follow the Zoning Map Amendment procedure included in Section 30-381, except that the Planned Development procedure shall be subject to the following additional requirements. (1) Pre-Application Conference. Prior to formal petition for zoning to a PD district, the applicant shall confer with appropriate City staff in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the requirements for processing. Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the City, but should be considered as the informal, non-binding basis for proceeding to the next step. Figure 30-387: Procedure for Planned Development Review *May be required by the Director of Community Development, or designee Specific Implementation Plan Plan Commission & City Council Review City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 37 Municipal Codes (2) Concept Plan Review. Upon completion of the pre-application conference, described above, the applicant may decide to prepare an optional conceptual plan for review with the Plan Commission. (a) The Plan Commission may schedule a workshop as part of a Planned Development Review. Appropriate topics for discussion may include any of the information provided in the concept plan, or other items as determined by the Plan Commission. Points of discussion and conclusions reached at this stage of the process shall be in no way binding upon the applicant or the City, but should be considered as the informal, non-binding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal application for rezoning, which accompanies the General Development Plan application (see Subsection (d), below). (b) The concept plan submittal shall include the following items (digital files should be submitted whenever possible). (i) A location map of the subject property and its vicinity. (ii) A general written description of the proposed PD, including: (aa) General project themes and images. (bb) The general mix of dwelling unit types and/or land uses. (cc) Approximate residential densities and nonresidential intensities as described by dwelling units per acre, landscaping surface ratio, and/or other appropriate measures of density and intensity. (dd) General treatment of natural features. (ee) Relationship to nearby properties and public streets. (ff) Relationship of the project to the Comprehensive Plan. (gg) Description of exceptions/base standard modifications from the requirements of this Chapter. The purpose of this information shall be to provide the Plan Commission with information necessary to determine the relative merits of the project with respect to private versus public benefit, and to evaluate the potential adverse impacts created by making exceptions to standard zoning district requirements. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 38 Municipal Codes (iii) A conceptual drawing of the site plan layout, including the general locations of public streets and/or private drives. (iv) The Plan Commission shall accept the concept plan and inform the applicant to move on to the next step in the PD process, General Development Plan. (3) Public Meeting. If proposed development is expected to have significant impact on other properties, the Director of Community Development, or designee, may require a public meeting. (a) Where a public meeting is required, within 90 days of filing of a complete application, the applicant shall hold a public meeting to introduce and inform property owners within 100 feet of the subject property of the proposal to solicit comments and address concerns. The City can supply a list of property owners to the applicant upon request. (i) The public meeting shall be held at a time and location that average member of the public can reasonably attend, as determined by the Director of Community Development, or designee. (ii) The Director of Community Development, or designee, shall be notified of and invited to the public meeting in order to assist the applicant and public on the topic. (iii) The public meeting shall be held prior to review and action by the Plan Commission. (iv) The public meeting shall be noticed. (v) Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting minutes, attendance records, documents distributed at the meeting, and presentation materials shall be provided to the City (vi) Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing and informing property owners within 100 feet of the subject property of the proposal may substitute for the public meeting, if deemed appropriate by the Director of Community Development, or designee. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 39 Municipal Codes (4) General Development Plan Review. The applicant shall submit a General Development Plan (GDP) to the Director of Community Development, or designee, for determination of completeness. Upon determination of completeness by the Director of Community Development, or designee, the GDP shall be placed on the Plan Commission agenda for review. The GDP establishes the underlying zoning for the property. (a) The GDP submittal shall include the following items (digital files should be submitted whenever possible): (i) General location map of the subject site depicting: (aa) All lands for which the Planned Development is proposed and all other lands within 100 feet of the boundaries of the subject site. (bb) Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control. (cc) A graphic scale and a north arrow. (ii) Generalized site plan showing the pattern or proposed land uses, including: (aa) General size, shape, and arrangement of lots and specific use areas. (bb) Basic street pattern and pattern of internal drives. (cc) General site grading plan showing preliminary road grades. (dd) Basic storm drainage pattern, including proposed on-site stormwater detention. (ee) General location of recreational and open space areas, including designation of any such areas to be classified as common open space. (iii) Statistical data, including: (aa) Minimum lot sizes in the development. (bb) Approximate areas of all lots. (cc) Density/intensity of various parts of the development. (dd) Building coverage. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 40 Municipal Codes (ee) Landscaping surface area ratio of all land uses. (ff) Expected staging. (iv) Conceptual landscaping plan, noting approximate locations of foundation, street, yard, and paving landscaping, and comparing the proposed landscaping plan to the standard landscaping requirements in Article IX. (v) General signage plan, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which may or may not be proposed to vary from City standards or common practices. (vi) General outline of property owners association, covenants, easements, and deed restrictions. (vii) A written description of the proposed Planned Development, including: (aa) General project themes and images. (bb) The general mix of dwelling unit types and/or land uses. (cc) Approximate residential densities and nonresidential intensities as described by dwelling units per acre, landscaping surface area ratio, and/or other appropriate measures of density and intensity. (dd) General treatment of natural features. (ee) General relationship to nearby properties and public streets. (ff) General relationship of the project to the Comprehensive Plan or other area plans. (gg) Proposed exceptions from the requirements of this Chapter. (viii) A Traffic Impact Analysis (TIA) that evaluates the adequacy of the existing and proposed transportation system that serves the Planned Development may be required by the City, if deemed necessary by the Director of Community Development, or designee. (aa) If required, the TIA should address all elements of the transportation system as it relates to pedestrians, bicyclists, transit, vehicular traffic, and adjacent land development. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 41 Municipal Codes (bb) It is noted that the Wisconsin Department of Transportation (WisDOT) has TIA requirements that must be followed if a development project has direct access to the State Trunk Highway System. (b) The Plan Commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above. (c) If all required application materials are provided, the GDP and SIP may be submitted and reviewed concurrently. (d) The process for review and approval of the GDP shall be identical to that for Zoning Map Amendments per Section 30-381. (e) A GDP shall not expire. All portions of an approved GDP not initiated through granting of a building permit following final Common Council approval shall remain zoned PD and the approved GDP shall remain in place. (5) Specific Implementation Plan. Upon completion of the GDP review process, described above, the applicant shall submit a Specific Implementation Plan (SIP) to the Director of Community Development, or designee, for determination of completeness. Upon determination of completeness by the Director of Community Development, or designee, the SIP shall be placed on the Plan Commission agenda for SIP review. (a) The SIP submittal shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (digital files should be submitted whenever possible). (i) An existing conditions map of the subject site depicting the following: (aa) All lands for which the Planned Development is proposed and all other lands within 100 feet of the boundaries of the subject site. (bb) Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control. (cc) Existing utilities and recorded easements. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 42 Municipal Codes (dd) All lot dimensions of the subject site. (ee) A graphic scale and a north arrow. (ii) An SIP map of the proposed site showing at least the following: (aa) Lot layout and the arrangements of buildings. (bb) Public and private roads, driveways, walkways, and parking facilities. (cc) Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common open space. (iii) Proposed grading plan. (iv) Specific landscaping plan for the subject site, specifying the location, species, and installation size of all plantings. The landscaping plans shall include a table summarizing all proposed species. (v) Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings. (vi) Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and walkways. (vii) Signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles), and group development signage themes that may or may not vary from City standards or common practices. (viii) Specific written description of the proposed SIP including: (aa) Specific project themes and images. (bb) Specific mix of dwelling unit types and/or land uses. (cc) Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 43 Municipal Codes (dd) Specific treatment of natural features, including parkland. (ee) Specific relationship to nearby properties and public streets. (ff) Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by the Plan Commission. (gg) A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant’s opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project. (hh) A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur. (ii) Phasing schedule, if more than one development phase is intended. (ix) Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities. (x) A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP. (b) The Director of Community Development, or designee, or by majority vote of the Plan Commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above. (c) The process for review and approval of the SIP shall be identical to that for conditional use permits per Section 30-382(F) through (H). (d) A SIP shall not expire. All portions of an approved SIP not fully developed following final Plan Commission approval shall remain zoned PD and the approved SIP shall remain in place. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 44 Municipal Codes (6) Criteria for Approval: In its review and recommendation to the Common Council on an application for a Planned Development district, the Plan Commission shall make findings with respect to the following criteria: (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of difference land uses and development densities/intensities. (f) The proposed Planned Development project design does not detract from areas of natural beauty surrounding the site. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. (j) For Planned Development projects that are proposed to be developed in phases, the applicant can provide a timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 45 Municipal Codes (7) Changes or Alterations. Any change of the PD plans subsequent to approval of the SIP shall be submitted to the Director of Community Development, or designee. (a) If the Director of Community Development, or designee, determines that the change constitutes a substantial modification, the developer will be required to amend the SIP, and if necessary, the GDP, following the procedures set forth in this Section for review and approvals. (b) If, in the opinion of the Director of Community Development, or designee, such changes do not constitute a substantial alteration of either the GDP or SIP, the change may be accomplished by approval of the Director of Community Development, or designee. Such approved changes or modifications shall be documented and recorded in the official file of the City on the PD. Section 30-388: Process to Establish Campus Overlay Zoning (A) The following shall govern the procedure and requirements for the review, approval, or denial of a proposed Campus development: (1) The Campus overlay zoning district is intended 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. (B) The procedure to rezone to a Campus overlay district shall follow the Zoning Map Amendment procedure included in Section 30-381, except that the Campus overlay district procedure shall be subject to the following additional requirements. (1) Step 1: Campus Master Plan Preparation. (a) The Applicant shall prepare a draft Campus Master Plan (CMP) based on the requirements in Subsection (6), below. (2) Step 2: Public Meeting. (a) Within 90 days of filing of a complete application, the applicant shall hold a public meeting to introduce and inform property owners within 100 feet of the subject property of the proposal to solicit comments and address concerns. The City can supply a list of property owners to the applicant upon request. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 46 Municipal Codes (i) The public meeting shall be held at a time and location that average member of the public can reasonably attend, as determined by the Director of Community Development, or designee. (ii) The Director of Community Development, or designee, shall be notified of and invited to the public meeting in order to assist the applicant and public on the topic. (iii) The public meeting shall be held prior to review and action by the Plan Commission. (iv) The public meeting shall be noticed. (v) Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting minutes, attendance records, documents distributed at the meeting, and presentation materials shall be provided to the City (vi) Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing and informing property owners within 100 feet of the subject property of the proposal may substitute for the public meeting, if deemed appropriate by the Director of Community Development, or designee. (3) Step 3: Director of Community Development. (a) The Applicant shall provide the Director of Community Development, or designee, with a draft CMP for a determination of completeness prior to placing the proposed CMP on the Plan Commission agenda for review. (b) The Director of Community Development, or designee, shall notify the Applicant of the determination of completeness. (c) The Director of Community Development, or designee, shall coordinate review with the City’s Development Review Team. The Development Review Team shall make a recommendation to the Plan Commission. (d) Following Development Review Team review, the Director of Community Development, or designee, shall publish a Class 2 notice for a public hearing and place the item on an upcoming Plan Commission agenda. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 47 Municipal Codes (4) Step 4: Plan Commission Review. (a) The Plan Commission shall review the draft CMP and make a recommendation to the Common Council within 60 days after referral to the Commission. This deadline may be extended as requested by the applicant. (b) The Plan Commission shall follow the Zoning Map Amendment procedure per Section 30-381. (c) The Plan Commission may specify other plans, documents, or information that must be submitted prior to consideration or approval of the CMP, as such may be relevant to review. (5) Step 5: Common Council Review and Action. (a) The Common Council shall follow the Zoning Map Amendment procedure per Section 30-381. (b) The Common Council shall take action on the CMP and rezoning to the Campus overlay zoning district within 60 days of Plan Commission recommendation. This deadline may be extended as requested by the applicant. (C) After CMP Adoption: Campus Master Plan Implementation. (1) Following Common Council approval of the CMP and rezoning to the Campus overlay zoning district, the implementation process will vary based on the particular land use. (a) Minor Site Work and Signage Consistent with the CMP: Staff-level review and approval following the requirements for site plan approval per Section 30-385. (b) Permitted Land Uses Consistent with the CMP: Staff-level review and approval following the requirements for site plan approval per Section 30- 385. (c) Conditional Land Uses: Following the requirements for conditional uses per Section 30-382. (2) Campus Master Plan Update. CMPs shall be updated every 10 years following the steps for approval of the original CMP as outlined in this Section. If there is no change to the CMP after 5 years, the CMP update may be approved by the Plan Commission without holding a public hearing. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 48 Municipal Codes (3) Amendments to an approved Campus Master Plan may be proposed by the property owner(s) and considered by the Plan Commission and Common Council at any time. Amendments to an approved CMP shall follow the procedures set forth for the approval of the original plan as outlined Subsection (B), above. (D) Development in the Absence or Expiration of a Campus Master Plan: In the absence of an approved CMP, or within an expired CMP, the regulations of the underlying zoning district shall serve unless or until the CMP is approved by the City. (E) Campus Master Plan Requirements. (1) Property owner(s), or agents thereof, within the Campus district may produce a CMP, and apply for its review and consideration by the City. CMPs approved by the City are intended to establish the fully legal zoning status of existing development and land uses and to simplify the review of new development and land uses within a campus. The required components of a CMP shall include (digital files should be submitted whenever possible): (a) Campus Existing Conditions and Proposed Plan Graphic which shall be provided in hard copy and digital format and include the following: (i) A common measureable scale. Said scale shall be provided as a bar scale on the face of the graphic. (ii) Boundary of the campus and any proposed campus areas, clearly divided into a Central Campus Area and a Peripheral Campus Area. The boundary between the Central Campus Area and the Peripheral Campus Area may vary from parcel lines. (iii) Existing structures, paved areas, stormwater management facilities, rights-of-way, and other significant exterior development features (identified by the City) depicted on a map and identified in a numbered key. A clearly labeled and latest available air photo may be used to meet this requirement. (iv) Proposed structures and permitted and conditional uses per Section 30-382, paved areas, stormwater management facilities, rights-of-way, and other significant exterior development features (identified by the City) depicted on the map and identified in a numbered key. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 49 Municipal Codes (b) Campus Existing Development Inventory, in tabular format, which shall provide the following details about the existing development depicted on the Campus Existing Conditions Graphic: (i) Index number for each principal, accessory, and temporary structure and facility depicted on the graphic. (ii) Name of each principal, accessory, and temporary structure and facility. (iii) Maximum height and number of floors for each structure. (iv) Footprint area for each principal, accessory, and temporary structure. (v) Gross floor area for each principal, accessory, and temporary structure. (vi) Surface area for each facility and paved area. (vii) Listing of land uses (based on Section 30-74) for each structure and facility. (viii) Parking space count for each parking lot and on-street parking area. (ix) Setbacks of each structure and paved area from property lines. (x) Other existing conditions identified by the City specific to each campus. (c) Campus Plan Development Inventory, in tabular format, which shall provide the following details about the proposed new development depicted on the Campus Plan Graphic, in addition to the details of existing development proposed to remain or be removed: (i) (i) through (x) in Subsection (b), above, for all existing development proposed to remain. (ii) (i) through (x) in Subsection (b), above, for all development proposed to be removed or relocated. (iii) (i) through (x) in Subsection (b), above, for all proposed new development. (iv) An evaluation of the surplus or deficit of parking spaces for each proposed structure or facility, and for the campus as a whole. (v) An evaluation of the surplus or deficit of stormwater management facilities for each proposed structure or facility, and for the campus as a whole. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 50 Municipal Codes (d) Transportation Demand Management (TDM) Plan meeting Wisconsin Department of Transportation requirements for content and format may be required by the City if deemed necessary by the Director of Community Development, or designee. (e) Master Parking Study (Optional). Parking requirements for existing, modified, expanded, and new land uses and facilities may be reduced below those required in Article III if the Campus Master Plan contains an optional Master Parking Study with an approved Campus Parking Ratio. The Master Parking Study shall include the following: (i) A complete inventory of off-street and on-street parking spaces within the campus; (ii) Documentation of the number and location of typical unused on-street and off-street parking spaces at the time of maximum daily peak parking demand; and (iii) The current ratio of such parking demand in the Campus Existing Conditions Graphic to: (aa) The number of employees at same time; and (bb) Gross Floor Area for current development; (cc) or method of establishing a measureable, accurate and reasonable ratio as approved by the City. (iv) Identification of a required ratio of peak parking demand for future development in the Campus Plan Graphic. (v) Any significant land use changes within the campus may require an updated Master Parking Study as determined by the City. (f) Master Signage Plan (Optional). Exterior signage for existing, modified, expanded, and new land uses and facilities may be increased in number, area, and/or configuration above those permitted in Article X if the Campus Master Plan contains an optional Master Signage Plan with approved alternative campus signage regulations. The Master Signage Plan shall include: (i) A complete inventory of all existing and proposed exterior signage within the campus. All existing exterior signage may or may not be designated legal conforming. (ii) Signage rules specific to the campus which regulate: City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 51 Municipal Codes (aa) The maximum number of freestanding signs permitted for each building or parcel within the campus. (bb) The maximum area of freestanding signs used within the campus in relation to a specific street frontage ratio and the absolute maximum sign area, height limits and location requirements for individual freestanding signs. (cc) The maximum number of on building signs permitted for each building within the campus. (dd) The maximum area of on-building signs used within the campus in relation to a specific building wall length ratio and the maximum area limit and location requirements for individual on-building signs. (ee) Area, height and location of pedestrian-scale directional signage within the campus. (ff) Area, height and location of driver-oriented directional signage within the campus. (gg) Area, height and location of primary campus identification signs within the campus, as well as specified approved locations for each sign. (iii) The Director of Community Development, or designee, may approve changes to the Master Signage Plan that do not change the number of signs or type of signs used. (iv) Changes to the sign message and/or appearance that do not alter the location or size of an exterior sign are permitted by right. (g) Conceptual Landscaping Plan for the proposed Campus Existing Conditions Graphic and Campus Plan Graphic depicting: (i) Location and number of existing landscaping features. (ii) General location and type of proposed landscaping features. (iii) Bufferyards as required in Article IX. (iv) Other requirements specific to the campus as deemed appropriate by the City. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 52 Municipal Codes Sections 30-389 to 30-409: Reserved Section 30-410: Appeals of Administrative Decisions [Revised 06/08/21] (A) Purpose. The purpose of this Section is to provide regulations which enable the City to hear and decide requests for appeals: (1) where it is alleged there is an error in any order, ruling, requirement, decision, or determination made by the Director of Community Development or designee in the interpretation of Section 62.23 Wis. Stats. or of this Chapter as provided for by Wis. Stats. 62.23(7)(e)(7); or (2) where it is alleged there is an error in any order, ruling, requirement, decision or determination made under other Chapters or Sections of this Municipal Code where appeal is authorized or directed to the Board of Appeals. (B) Initiation of Request for Appeal. An appeal may be initiated by any person aggrieved, or by any officer, department, or board of the City affected by any decision of the Director of Community Development, or designee or other official as provided in Subsection (A) above. (C) Stay of Proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Director of Community Development, or designee, certifies to the Zoning Board of Appeals after the request for the appeal has been filed, that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application and on notice to the Director of Community Development, or designee, and on due cause shown. (D) Time Limit for Filing an Appeal. Any appeal under the provisions of this Section shall be made per the requirements of Subsection (E), below, within a period not exceeding 45 days from the date of issuance of the interpretation appealed from. Failure to initiate this appeal procedure within this 45-day period shall constitute a final and binding waiver of the right to appeal said interpretation. (E) Application Requirements. An application for an appeal of a zoning interpretation shall contain the following (digital files should be submitted whenever possible): (1) A copy of the interpretation, order or other document or decision appealed from. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 53 Municipal Codes (2) A written statement from the applicant indicating the reasons why an appeal is justified. This statement shall be dated and signed by the applicant. (F) Review of Sufficiency of Application by the Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application appropriately identifies a matter within the jurisdiction of the Board of Appeals. If the application is determined to address a matter not within the authority of the Board of Appeals, the Director of Community Development, or designee, shall notify the applicant. An applicant may make appeal from this determination to the Board. (2) The Director of Community Development, or designee, shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (G) Response to Appeal. (1) A copy of the application for appeal shall be provided to the official whose determination or order is appealed from. The official shall review the application and evaluate and provide comment on the written justification for the requested appeal to the Board of Appeals as submitted by the applicant to the Director of Community Development or designee. The Director of Community Development, or designee, shall also evaluate the application to determine whether the requested remedy is in harmony with the Comprehensive Plan or other relevant plans when applicable. (2) The Director of Community Development, or designee, shall forward a report to the Board of Appeals for review and action. If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions this Chapter or the Comprehensive Plan or other relevant plans, the Director of Community Development, or designee, shall note this determination in the report. (H) Public Hearing. Within 60 days of filing of a complete application, the Board of Appeals shall hold a public hearing in compliance with Section 30-361 to consider the request. (I) Review and Action by the Board of Appeals. (1) Within 60 days after the filing of the complete application, the Board of Appeals shall make its findings. The Board of Appeals may request further information and/or additional reports from the Director of Community City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 54 Municipal Codes Development, or designee, and/or the applicant. The Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings. When making a determination upon Appeal the Board of Appeals may consider whether the provisions of the codes apply to the particular situation at hand; whether the codes or rules have been incorrectly interpreted; the intent of the codes or rules; or specifically in the case of building or housing codes whether an equally good or better form of construction or repair can be used. (2) Final action shall be followed by a written report or minutes which shall include formal finding of facts developed and approved by the Board of Appeals concerning the request. (3) If the Board of Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied. (J) Effects of Denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Director of Community Development, or designee. (K) Limited Effect on a Favorable Ruling on an Appeal. (1) No ruling by the Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained. (2) A ruling by the Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 55 Municipal Codes Section 30-411: Zoning Interpretations [Revised 06/08/21] (A) Purpose. The purpose of this Section is to provide the procedures and guidelines for the official interpretation of the provisions of this Chapter. (B) Initiation of Request for an Interpretation. Proceedings for an interpretation may be initiated by any of the following methods: (1) An application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property. (2) By request of the Plan Commission or Common Council. (3) By request of the Director of Community Development, or designee. (C) Application. A zoning interpretation application shall be submitted that contains all of the following (in the case of requests from staff, the plan commission or council, the Director of Community Development shall provide information to the Board containing all of the following, as applicable): (1) Clear indication of the text of this Chapter for which the interpretation is requested and the specific questions regarding said text. (2) If the requested interpretation relates to the application of this Chapter to a specific property, the additional following information shall be submitted with the application (digital files should be submitted whenever possible): (a) A map of the subject property depicting: (i) All lands for which the interpretation is requested and all other lands within 100 feet of the boundaries of the subject property. (ii) Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. (iii) All lot dimensions of the subject property. (iv) A graphic scale and a north arrow. (b) A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property. (c) A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of Section 30-385, if applicable. (D) Review by Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 56 Municipal Codes Community Development, or designee, shall notify the applicant. (2) The Director of Community Development, or designee, shall review the application and evaluate and comment on the written justification for the proposed interpretation provided in the application to determine whether the requested interpretation is in harmony with the City’s Comprehensive Plan. If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this Chapter, the Director or designee’s response shall also address the following questions: (a) How is the subject land use or proposed development in general harmony with the purposes, goals, objectives, policies and standards of the City’s Comprehensive Plan, this Chapter, and any other plan, program, or ordinance adopted, or under consideration (pursuant to official notice) by the City? (b) How is the subject land use or proposed development in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought? (3) The Director of Community Development, or designee, shall forward a copy of the report prepared under section (2) above to the applicant, if the applicant is a person or entity other than staff, the plan commission or council, indicating the interpretation of the Director of Community Development, or designee. If the Director of Community Development, or designee, determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Director of Community Development, or designee, shall note this determination in the report. (E) Standards for Review. This Chapter shall be interpreted in a manner which is consistent with the purposes intended by the Common Council as noted in this Chapter and the Comprehensive Plan. The intent of the standards and supporting definitions of this Chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. The following standards shall govern the decision on the requested interpretation on land use interpretation matters: (a) No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Common Council on an application for an amendment to the Zoning Ordinance, the Official Zoning Map, or a previously applied for appeal from a requested interpretation. (b) No interpretation shall permit a land use listed as a use permitted by right, a special use, or a conditional use in another zoning district if the use is not City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 57 Municipal Codes listed as permitted or conditional in the zoning district of the subject property (see Article II). (c) No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property’s zoning district (see Article II). (d) No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district, or permitted in a more intensive district in the same zoning district category (see Article II). (e) If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property’s district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to Section 30-382. (F) Effect of a Favorable Land Use Interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals which may be required by this Chapter. These permits and approvals include, but are not limited to, required site plans, special use permits, conditional uses, and certificates of occupancy. (G) Limitations on Favorable Land Use Interpretation. (1) No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development has begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period. (2) An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 58 Municipal Codes force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more. Section 30-412: Variances [Revised 10/13/20] (A) Purpose. The purpose of this Section is to provide regulations which enable the City to hear and decide requests for permitted variation from the terms of this Chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this Chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this Chapter shall be observed, public safety and welfare secured, and substantial justice done; as provided for by Wis. Stats. 62.23(7)(e)(7). (B) Initiation of Request for Approval of a Variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property. (C) Application. Variance applications shall contain the following (digital files should be submitted whenever possible, if applicable): (1) A map of the subject property depicting: (a) All lands for which the variance is proposed and all other lands within 100 feet of the boundaries of the subject property. (b) Current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. (c) All lot dimensions of the subject property. (d) A graphic scale and a north arrow. (2) A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of Section 30-385. (3) Written description of the proposed variance, including the specific code requirement, the variance requested, the identified hardship related to compliance and the effect of the variance related to the public interest . (D) Review by the Director of Community Development, or designee. (1) The Director of Community Development, or designee, shall determine whether the application is complete and fulfills the requirements of this Chapter. If the application is determined to be incomplete, the Director of Community Development, or designee, shall notify the applicant. (2) The Director of Community Development, or designee, shall review the application and prepare a written report including the following: (a) Evaluate the request based upon the criteria used by the Board of Appeals City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 59 Municipal Codes in their review including whether the requested variance is necessary; whether unnecessary hardship is present; whether the variance requested is the minimum necessary variance, and whether the requested variance will harm the public’s interest including whether the request is in harmony with the Comprehensive Plan or other relevant plans. (E) Public Hearing. Within 60 days of filing of a complete application, the Board of Appeals shall hold a public hearing in compliance with Section 30-361 to consider the request. (F) Review and Action by the Board of Appeals. (1) Within 60 days after the holding of the public hearing, the Board of Appeals shall make its findings per the following based on Wis. Stats. 62.23(7)(e)7: (a) Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. i. for a use variance that no feasible use can be made of the property without the granting of the appeal; or ii. for an area variance that compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome; and iii. that the hardship is something which is unique to this property and not the owner of the property; and iv. that the hardship is not self-created; and v. that the hardship is not solely economic. (b) The variance will not be contrary to the public interest. (c) The variance is needed so that the spirit of the ordinance is observed. (d) Substantial justice will be done by granting the variance. (2) The Board of Appeals may request further information and/or additional reports from the Director of Community Development, or designee, and/or the applicant. The Board of Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time-to-time for further consideration. (3) If the Board of Appeals fails to make a determination within 60 days after said public hearing, then the request for the variance shall be considered denied. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 60 Municipal Codes (G) Effect of Denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances found valid by the Director of Community Development, or designee. (H) Limited Effect of a Variance. Where the Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted, and shall not be construed as precedent for any other proposed variance. (I) Stay of Proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this Chapter from which the applicant is requesting a variance, unless the Director of Community Development, or designee, certifies to the Board of Appeals after the request for the variance has been filed, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals, or by a court of record on application, on notice to the Director of Community Development, or designee, and on due cause shown. State Law Reference: Section 62.23(7)(e)5., Wisconsin Statutes. (J) Exceptions to the requirements of the “Wittman Regional Airport Height Limitation Map – Winnebago County, Wisconsin” shall be administered by Winnebago County. Section 30-413: Administration and Enforcement of Performance Standards Determinations necessary for administration and enforcement of performance standards set forth in this Article range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Chapter that: (A) Where determinations can be made by the Director of Community Development, or designee, using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violations is issued. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 61 Municipal Codes (B) Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections or apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement. (1) The Director of Community Development, or designee, shall give written notice to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Director of Community Development, or designee, believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Director of Community Development, or designee. (2) The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Director of Community Development, or designee, within the time limit set constitutes admission of violation of the terms of this Chapter. The notice shall further state that upon request of those to whom it is directed, technical determination as described in this Chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the City. Section 30-414: Planning/Zoning Inspection Service Fees The property owner shall be assessed a separate inspection service fee for all violations of this Chapter as verified by the City after inspection. This inspection service fee shall be in addition to any other fees or special charges authorized by the Municipal Code. Inspection service fees may be placed as a special charge against the property as allowed by statute without further notice if they remain unpaid thirty days after an invoice is mailed to the owners last known address. [Created 4/24/18] Sections 30-415 to 30-429: Reserved City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 – Article XI - Page 62 Municipal Codes Section 30-430: Violations and Penalties (A) Violation of this Chapter. It shall be unlawful to construct or use any land, engage in any development activity, or construct or use any structure, land or water in violation of any of the provisions of this Chapter, or otherwise neglect, refuse or fail to comply with this Chapter’s requirements. (B) Penalties. See Chapter 1 of the City of Oshkosh Municipal Code. (C) Promulgated Correction of Violation. In addition to any other penalty imposed for a violation of the provisions of this Chapter, the City reserves and maintains the continued right to abate violations of this Chapter. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred. Sections 30-431 to 30-438: Reserved Section 30-439: Fees The fees referred to in this Chapter shall be established by the governing body and may from time to time be modified by resolution. A schedule of the fees established by the governing body shall be available for review in the administering authority office, Room 204 City Hall, 215 Church Avenue, Oshkosh, Wisconsin. [Revised 4/24/18]