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HomeMy WebLinkAboutChapter 30 - Article VII - Performance StandardsCity of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 1 Municipal Codes Article VII: Performance Standards Section 30-170: Purpose The purpose of this Article is to indicate the standards and minimum requirements for group and large developments, vehicle access, bicycle and pedestrian access, visibility, off-street parking and traffic circulation, off-street loading, exterior lighting, exterior storage, fencing, and outdoor recreational space within the jurisdiction of this Chapter. Section 30-171: Group and Large Development Standards (A) Purpose. The purpose of this Section is to establish standards that ensure group developments and large developments are properly located and are compatible with the surrounding area and the overall community character of the City of Oshkosh. (B) Definitions. (1) Group Development. (a) Any development located on one lot and comprised of any single instance or any combination of the following development types: (i) 1 or more principal multi-family residential buildings with 24 or more residential units on the same lot. (ii) 3 or more principal structures on the same lot, whether serving a single use or more than one use. (iii) Any addition of principal buildings that increases the total number of principal structures on the same lot to 3 or more. (b) Common examples of group developments include apartment or condominium complexes with 24 or more total units, commercial centers, shopping centers, and office centers where there are 3 or more principal buildings. (2) Large Development. (a) Any new development containing any single building in which the area of the building footprint exceeds 50,000 square feet. Does not include new additions to structures existing prior to the adoption of this Chapter of less than 50,000 square feet, or basements and penthouses when used primarily for storage and mechanical equipment. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 2 Municipal Codes (i) Common examples of large developments include big-box commercial uses. (C) Exceptions. The following situations are exempt from the requirements of this Section. (1) Structures within City parks. (2) Development in the following zoning districts: (a) Planned Development District (b) Campus Overlay District (c) Riverfront Overlay District (d) Business Park District (e) Urban Industrial District (f) Heavy Industrial District (3) Nonresidential buildings where it can be demonstrated to the satisfaction of the Director of Community Development, or designee, that any principal building can be subsequently subdivided with a lot and yards conforming to the requirements of this Chapter. (D) Review and Approval. (1) All group developments and large developments require a conditional use permit (see Section 30-382 for review and approval procedure) regardless of whether individual use(s) within the development are permitted by right within the applicable district. (2) Uses permitted in a group development and/or large development include any land use that is either a permitted by right land use or a use allowed by conditional use permit within the applicable zoning district. (3) Land uses permitted by right in the applicable zoning district shall be permitted by right within an approved group and/or large development, subject to the provisions of this Section, unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development and/or large development as a whole. (4) Land uses allowed by conditional use permit within the applicable zoning district shall be allowed within the group development and/or large development only with conditional use approval for that land use category. The consideration of the conditional use for the group development and/or City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 3 Municipal Codes large development may occur in conjunction with the review for additional conditional land uses. (5) The detailed land use regulations in Article III that pertain to each proposed land uses shall also apply within a group development and/or large development, as will all other applicable provisions of this Chapter. (E) Changes to an Approved Group and/or Large Development. (1) Following initial issuance of a conditional use permit for the group development and/or large development, all subsequent changes determined to be significant by the Director of Community Development, or designee, to site design and building design (including addition of structures, additions to structures, and expansions of parking or storage areas) in the group development and/or large development shall require an amendment to the approved conditional use permit regardless of individual land use(s). (2) Changes to individual land uses within a group development and/or large development listed as permitted by right uses within the applicable zoning district are allowed without amendment to the group development and/or large development conditional use permit, unless said conditional use permit placed restrictions on change of use. (3) Changes to individual land uses within a group development and/or large development listed as conditional uses within the applicable zoning district shall be allowed only by amendment to the conditional use permit, regardless of whether or not said use entails modifications to the building and/or site layout in the group development and/or large development. (F) Standards Applicable to Group Developments and Large Developments. (1) Land uses and development shall comply with the applicable requirements of this Chapter, including, but not limited to, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space requirements; access, parking, loading requirements; and signage requirements. (2) The applicant shall demonstrate how the proposed development relates to each of the following criteria: (a) Complements the design and layout of nearby buildings and developments. (b) Enhances, rather than detracts from, the desired character of the surrounding area. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 4 Municipal Codes (3) Architectural Quality. All buildings within the group and/or large development shall be of compatible with one another in terms of architectural quality and design, as determined by the Plan Commission. (G) General Layout and Future Divisibility of Group Developments. (a) Development located within a group development shall be located so as to comply with the intent of this Chapter regarding setbacks of structures and buildings from lot lines. Building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will facilitate the subdividing of group developments in the future (if such action is so desired). (H) Roadway Connections. All nonresidential projects shall have direct access or access through an easement to an arterial or collector level street; or to a local street if no other access is available, as deemed appropriate by the City. (I) Parking. Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces by 25 percent or more shall be allowed according to the regulations of Section 30-175(G). (J) Outdoor Display Areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a minimum of 5 feet or by a physical barrier visible to drivers and pedestrians. (K) Outdoor Storage Uses and Areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan. Outdoor storage uses and areas shall meet the screening requirements of Section 30- 191. (L) Landscaping. Landscaping shall meet the standards in Article IX. (M) Lighting. On-site exterior lighting shall meet the standards in Section 30-190. (N) Signage. Signage shall meet the standards in Article X. (O) Additional Rules Applicable to Large Developments (as defined in Subsection (B)(2), above). City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 5 Municipal Codes (1) Building Placement and Site Layout. Building placement and orientation shall facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods, and must forward community character objectives as described in the City’s Comprehensive Plan. (2) Compatibility Report. The City may require a written Compatibility Report citing adequate evidence that the proposed building and overall development project shall be compatible with the City’s Comprehensive Plan and any detailed neighborhood or special area plan for the area. The Compatibility Report shall specifically address one or more of the following items: (a) Compatibility Report Narrative. The City may require a narrative describing how the proposed development meets the building placement and site layout requirements of Subsection (a), above. (b) Traffic Impact Analysis. The City may require that a traffic impact analysis (TIA) be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. It shall be conducted by a third party agreed upon by both the applicant and City at the applicant’s expense. Such Traffic Impact Analysis shall require the following components: (i) A demonstration that vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length; design, location, and number of traffic control devices; and sidewalks. (ii) Where the traffic impact analysis indicates that a project may cause off-site public roads, intersections, or interchanges to function below a level of service (LOS) C, the City may deny the application, require a size reduction in the proposed development, and/or require the developer to construct and/or pay for required off-site improvements to achieve a LOS C for a planning horizon of a minimum of 10 years assuming full build-out of the site. (iii) The City has the option to require a trip generation study in lieu of a full Traffic Impact Analysis. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 6 Municipal Codes (c) Transportation Demand Management. The City may require that a transportation demand management plan (TDM) be completed in accordance with Wisconsin Department of Transportation requirements for content and format. (3) Small Area Plan. The City may require that a detailed small area plan be submitted and approved by the Plan Commission and Common Council. The detailed small area plan shall be prepared for all areas within 1,320 feet of the subject property (as measured from the outer perimeter of the subject property or group of properties proposed for development), and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood or area. The detailed small area plan shall contain the following specific elements, drawn to scale: (a) Demonstration that the proposed small area plan is in harmony with the land use, multi-modal transportation, utility, stormwater management, community character provisions of the City’s Comprehensive Plan. (b) Proposed land use with specific zoning districts and existing land uses, if present. (c) Complete transportation network, including pedestrian and bicycle facilities and transit routes and stops, where applicable. (d) Conceptual stormwater management facilities. (e) Proposed public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities. (f) Proposed community character themes, including building materials, landscaping, streetscaping, and signage. (g) Transitional treatments such as berms and/or landscaping between areas with differing land uses or character. Section 30-172: Vehicle Access Standards (A) Purpose. The purpose of this Section is to promote the safety and general welfare of the public by establishing minimum requirements for the provision of driveways and other points of access to public rights-of-way for various sites and uses. (B) Review and Approval. Through the site plan review process (see Section 30-385), the Director of Community Development, or designee, shall review and approve all proposed driveways and other access points on the subject property. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 7 Municipal Codes (C) Access Limitation by Use. Single family and two family dwelling units shall not have driveways or other access points onto a collector or arterial street that is not primarily residential unless such street has the only available frontage. Nonresidential and multi-family uses shall not have driveways or other access points onto a residential local street unless such street has the only available frontage. (D) Number of Access Points. Refer to Chapter 25 of the City of Oshkosh Municipal Code. (E) Access near Street Intersections. Refer to Chapter 25 of the City of Oshkosh Municipal Code. (F) Distance between Driveways and Other Access Points. Refer to Chapter 25 of the City of Oshkosh Municipal Code. (G) Angle of Intersection with Public Right-of-Way. All driveways and other access points shall intersect with any public right-of-way at an angle of not less than 75 degrees, and shall intersect at an angle of 90 degrees wherever possible. (H) Visibility Standards. All driveways and other access points shall comply with the visibility standards of Section 30-174. (I) Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner that avoids congestion on public streets and other safety hazards. (1) Traffic into and out of all off-street parking, loading, and traffic circulation areas serving 6 or more parking spaces shall be forward-moving, with no backing into public streets. (2) Parking, loading, and traffic circulation areas serving less than 6 parking spaces may back into local streets, but shall not back into collector or arterial streets. Refer to Section 30-175(N)(6) regarding backing into streets. Traffic control devices shall be required as determined by the Department of Public Works. (J) Depiction on Required Site Plan. Any and all proposed driveways and other access points on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (K) Surfacing. (1) Driveways shall follow the surfacing requirements of Section 30-175(S). City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 8 Municipal Codes (2) Driveways shall be surfaced in accordance with this Chapter within 365 days of building permit issuance. If not dust-free during the permitted 365 days, a minimum aggregate base of 4 inches is required. (L) Nonconforming Driveways. (1) Nonconforming driveways shall comply with all of the regulations and requirements of Article V for nonconforming structures. (a) Legally established paved driveways located on properties containing single or two family land uses that do not conform to current performance standards shall be permitted to be reconstructed provided the reconstructed driveway is not dimensionally expanded. [Revised 4/24/18] (2) Shared driveways (driveways located on multiple lots and typically situated over lot lines) that existed prior to the adoption of this Chapter may remain legal driveways. No new or reconstructed shared driveways may be established unless cross-access easements are recorded with the Register of Deeds. (M) Design of Single and Two Family Residential Driveways. (1) Single Family uses are limited to one driveway per lot unless otherwise regulated in the Code. Two-family uses are permitted two driveways per lot unless otherwise regulated in this Code. [Created 4/11/17] (2) Minimum Driveway Setback (Side Lot Line to Pavement or Rear Lot Line to Pavement on Corner Lots). (a) Small Lots. Driveways shall be set back a minimum of 6 inches from the side lot line on lots with less than 60 feet of lot width/frontage. On lots where the available yard area prohibits the ability to create/maintain an 8- foot driveway and the required setback as listed below, the setback may be reduced to the smallest distance necessary. (b) Detached Garages. Driveways leading to detached garages shall meet the side setbacks for accessory structures established in Article II or shall meet the side setback of the existing detached garage. On corner lots, driveways shall meet the rear setbacks for accessory structures established in Article II or shall meet the rear setback of the existing detached garage. (c) Attached Garages. Driveways leading to attached garages shall meet the side setbacks for accessory structures established in Article II or shall meet the side setback of the existing attached garage. On corner lots, driveways leading to attached garages shall meet the rear setbacks for principal City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 9 Municipal Codes structures established in Article II or shall meet the rear setback of the existing attached garage. Driveways leading to side-loaded attached garages shall meet the rear setbacks for accessory structures established in Article II. [revised 6/11/19] (d) Uncovered Parking. Driveways leading to uncovered parking areas shall meet the side setbacks for accessory structures established in Article II or shall meet the side setback of the existing uncovered parking area. On corner lots, driveways leading to uncovered parking areas shall meet the rear setbacks for accessory structures established in Article II or shall meet the rear setback of the existing uncovered parking area. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 10 Municipal Codes Driveway Width. (a) Driveways shall be a minimum width of 8 feet. Driveways leading to garages are limited to a maximum width of 36 feet at the lot line, but may increase to the width of the garage and may extend toward the nearest side lot line to the side setback for accessory structures established in Article II, not to exceed 12 feet beyond the width of the garage. See Figure 30-172a or 30-172b. Where no garage exists, the maximum driveway width shall be 12 feet and shall be situated as not to create only front yard parking. [revised 6/11/19] (i) If an 8-foot driveway width is unattainable, the Director of Community Development, or designee, may reduce the minimum required driveway width to that which is deemed functional. This remedy shall only be implemented if the allowances for small lots of Section 30- 172(O)(1)(a) are ineffectual. Figure 30-172a: Driveways up to 24 Feet Wide [revised 6/11/19] Figure 30-172b: Driveways Wider than 24 Feet [revised 6/11/19] City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 11 Municipal Codes (e) Where the width of the driveway exceeds the width of the garage, the driveway shall be tapered between the widest point of the driveway or the edge of the uncovered space alongside the garage and the lot line starting a minimum of 5 feet inside the parcel. See Figure 30-172b. When leading to a legal uncovered space next to the garage, the driveway width shall be the least possible needed and shall not exceed 36 feet in width or width of the garage at the property line. [revised 6/11/19] (f) Driveways for two family uses with adjacent garages are limited to the 36 feet maximum width or width of the garage at the property line. Each individual driveway must be separated by a minimum of a 4-foot green area extending the full length from the property line to the garage/uncovered parking space. See Figure 30-172c. [revised 6/11/19] Figure 30-172c: Two Family Dwellings with Two Driveways [revised 6/11/19] City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 12 Municipal Codes (g) The maximum width of circular, horseshoe, and similar type driveways shall not exceed 12 feet, except for the area of allowable paving in front of the garage. The inside edge of the arc of the driveway shall be at least 25 feet from the lot line. For driveways with 2 curb openings, the spacing shall provide a minimum dimension of 50 feet between the inside driveway edges, measured at the lot line. See Figure 30-172d. (i) Circular, horseshoe, and similar type driveways shall be permitted only where the street frontage of the subject property is 100 feet or more. Figure 30-172d: Circular Driveways City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 13 Municipal Codes (N) Design of Multi-Family Residential, Institutional, Commercial, and Industrial Use Driveways. (1) Minimum Driveway Setback (Side Lot Line to Pavement or Rear Lot Line to Pavement on Corner Lots). (a) Driveways shall be set back a minimum of 10 feet from the side lot line or shall meet the minimum pavement setback as required in Article II for the applicable zoning district, whichever is less. (b) On corner lots, driveways shall be set back a minimum of 10 feet from the rear lot line. (2) Driveway Width. Refer to Chapter 25 of the City of Oshkosh Municipal Code. Section 30-173: Bicycle and Pedestrian Access Standards (A) Purpose. The purpose of this Section is to support the use of alternative modes of transportation and promote the safety and general welfare of the public by establishing requirements for pedestrian and bicycle access and bicycle parking. (B) Quantity. One pedestrian and bicycle access is required to at least one street frontage. (C) Off-Site Connections. Pedestrian and bicycle access shall include appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods. (D) On-Site Connections. The entire development shall provide walkways for full and safe pedestrian and bicycle access within the development. (1) Walkways shall provide pedestrian access through or around off-street parking areas from street sidewalks to building entries. Walkways shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and walkways shall not be located and aligned solely based on the outline of a parking lot configuration unless such configuration allows for direct pedestrian access. (2) Design Requirements. (a) Walkways shall have an acceptable dust-free surface not less than 5 feet in width and shall be grade-separated from the parking lot or otherwise delineated with pavement markers, planters, or alternate paving materials. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 14 Municipal Codes (b) The entirety of the on-site pedestrian walkway system shall be marked and defined using pavement treatments, signs, lighting, median refuge areas, and landscaping as appropriate and as consistent with the Americans with Disabilities Act and the building code, as approved by the Director of Community Development, or designee. (c) Where the pedestrian walkway crosses drive aisles or internal roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety. (d) The material and layout of the pedestrian walkway shall be continuous as the pedestrian access crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian access way. Section 30-174: Visibility Standards (A) Purpose. The purpose of this Section is to alleviate or prevent congestion of public and private rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility. (B) Review and Approval. Through the site plan review process (see Section 30-385), the Director of Community Development, or designee, shall review and approve all development for conformance with this Section. (C) Vision Triangle at Public Streets. A vision triangle extending 20 feet from all public street right-of-way intersections shall be maintained for local street intersections and 30 feet when the intersection includes collector or arterial streets. If the street intersection is curved, the vision triangle distance shall be maintained as if the right- of-way where extended to create a 90 degree corner. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 ½ feet and 8 feet with the exception of fencing, which shall be no greater than 30% opaque. Development in the CMU district and development located on streets with signalized intersections shall be exempt from this requirement. (D) Vision Triangle at Alleys and Driveways. A vision triangle extending 10 feet from alleys and driveways shall be maintained. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 ½ feet and 8 feet. Development in the CMU district shall be exempt from this requirement. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 15 Municipal Codes Figure 30-174: Visibility Standards Section 30-175: Off-Street Parking and Traffic Circulation (A) Purpose. The purpose of this Section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the use of various sites and types of development. (B) Review and Approval. Through the site plan review process (see Section 30-385), the Director of Community Development, or designee, shall review and approve all development for conformance with this Section. (C) Depiction on Required Site Plan. (1) Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan. (2) Site plans shall be drawn to scale. (3) Site plans shall include, but not be limited to, the following information: (a) All lot dimensions and lot lines. (b) Paved areas shown and dimensioned. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 16 Municipal Codes (c) The traffic pattern and parking space layout, including required handicapped spaces. (d) Dimensions of individual parking spaces and aisle width. Required parking spaces not intended to be immediately improved shall be shown with a dashed line. (e) Size and location of ingress and egress openings. (f) Location, size at planting, and species of all landscape plantings. (g) Location of all lighting systems. (h) Location of all snow storage areas. (i) Drainage and/or stormwater management plan subject to approval by the City. (j) Other facilities proposed. (D) Minimum Number of Required Off-Street Parking Spaces. (1) Off-street parking requirements for each land use are generally tied to the use’s capacity and gross floor area or the number of employees at the subject property during the largest work shift. (a) The term “capacity” means the maximum number of persons that may be accommodated by the use as determined by its design or by state building code regulations, whichever number is greater. (b) The term “employees on the largest work shift” means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. (c) The term “gross floor area” shall mean the total floor area inside the building envelope on all levels of a building. (2) A garage stall shall be considered a parking space. (3) One reserved parking space shall be provided for each service vehicle used by the operation during business hours. (4) See Figure 30-175a for a summary of the number of parking spaces required by land use. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 17 Municipal Codes (E) Parking Requirement Exceptions in the Central Mixed Use District and Parking Requirement Exemption Overlay District. [Revised 4.28.20] (1) Within the CMU district and Parking Requirement Exemption Overlay District, the parking requirements of this Chapter are hereby waived. However, when off-street parking facilities are provided, such facilities shall meet the requirements of this Chapter, except in respect to the required number of spaces. Residential uses need only provide evidence of the availability of off- street public or private parking in the amount of 1 parking space per dwelling unit within 1,000 feet of the unit. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 18 Municipal Codes Figure 30-175a: Number of Off-Street Parking Spaces Required by Land Use Figure 30-175a is provided as convenience for the City and the general public. Where there are conflicts between the text of this Chapter and Figure 30-175a, the text shall prevail. Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Residential Single Family Dwelling Unit 2 None Single Family Living Situation 2 None Two Flat, Twin House, Duplex 2 per dwelling unit None Townhouse, Multiplex, Apartment 2 spaces per dwelling unit containing 0-2 bedrooms, plus 0.5 space per additional bedroom over 2 bedrooms per unit None Mobile Home 2 None Roommate Living Arrangement 2 per family plus 1 for each unrelated adult None Boarding House 1 per bedroom per rent 1.25 per bedroom per rent Transitional Residential Housing 1 per bedroom per rent 1.25 per bedroom per rent Agricultural Cultivation 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. Husbandry 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. On-Site Agricultural Retail 1 space for every 200 square feet of product display area. 1.25 spaces for every 200 square feet of product display area. Intensive Agriculture 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. Agricultural Services 1 space per employee on the largest work shift. 1.25 spaces per employee on the largest work shift. Community Garden None None Market Garden 1 space per 300 square feet of retail floor area 1.25 spaces per 300 square feet of retail floor area City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 19 Municipal Codes Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Institutional Indoor Institutional Generally, 1 space per 3 expected patrons at maximum capacity. See Section 30-77(1) for specific requirements. 1.25 spaces per 3 expected patrons at maximum capacity Outdoor Open Space Institutional None None Passive Outdoor Recreation 1 space per 4 expected patrons at maximum capacity for any use requiring over 5 spaces 1.25 spaces per 4 expected patrons at maximum capacity Active Outdoor Recreation Generally, 1 space per 4 expected patrons at maximum capacity. See Section 30-77(4) for specific requirements. 125% of the minimum parking requirement in Section 30-77(4) Essential Services None None Large Scale Public Services and Utilities 1 space per employee on the largest work shift, plus 1 space per company vehicle normally stored or parked on the premises 1.25 spaces per employee on the largest work shift, plus 1.25 spaces per company vehicle normally stored or parked on the premises Community Living Arrangement, 1-8 Residents 1 space per employee on the largest work shift 1.25 spaces per employee on the largest work shift City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 20 Municipal Codes Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Institutional Community Living Arrangement, 9-15 Residents 1 space per employee on the largest work shift 1.25 spaces per employee on the largest work shift Community Living Arrangement, 16+ Residents 1 space per employee on the largest work shift 1.25 spaces per employee on the largest work shift Institutional Residential See Section 30-77(10) 125% of the minimum parking requirement in Section 30- 77(10) Commercial Office 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Personal or Professional Service 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Indoor Sales or Service 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Outdoor Display 1 space per 1,000 square feet of gross outdoor floor area 1.25 spaces per 1,000 square feet of gross floor area Artisan Production Shop 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Physical Activity Studio 1 space per every 3 persons at the maximum capacity of the establishment. 1.25 spaces per every 3 persons at the maximum capacity of the establishment. Commercial Kitchen 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Restaurants, Taverns, and Other Indoor Commercial Entertainment 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Outdoor Commercial Entertainment 1 space for every 3 persons at the maximum capacity of the establishment. 1.25 spaces per every 3 persons at the maximum capacity of the establishment. Drive-Through and In- Vehicle Sales or Service Refer to the parking requirements of the other land use activities on the site, such as Indoor Sales and Service land uses for a gas station/convenience store, or Office land uses for a bank. 125% of the minimum parking requirement. Group Daycare Center 1 space per 10 students, plus 1 space for each employee on the largest work shift. 1.25 spaces per 10 students, plus 1.25 space for each employee on the largest work shift. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 21 Municipal Codes Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Commercial Indoor Maintenance Service 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Outdoor Maintenance Service 1 space per 300 square feet of gross floor area, or 1 space per each employee on the largest shift, whichever is less 1.25 spaces per 300 square feet of gross floor area, or 1.25 spaces per each employee on the largest shift, whichever is greater Vehicle Sales 1 space per 300 square feet of gross floor area plus 1 space per every 3,000 square feet of outdoor display 1.25 spaces per 300 square feet of gross floor area plus 1.25 spaces per every 3,000 square feet of outdoor display Vehicle Service and Repair 1 space per 300 square feet of gross floor area 1.25 spaces per 300 square feet of gross floor area Water-Related Recreation Generally, 1 space per 4 expected patrons at maximum capacity. See Section 30-78(21) for specific requirements. 125% of the minimum parking requirement in Section 30- 78(21. Intensive Outdoor Activity 1 space per 5 expected patrons at maximum capacity 1.25 spaces per 5 expected patrons at maximum capacity Multiple Use Apartments with Limited Commercial Per each individual land use 125% of the minimum parking requirement. Live/Work Unit Per each individual land use 125% of the minimum parking requirement. Mixed Use Building Per each individual land use 125% of the minimum parking requirement. Industrial Light Industrial 1 space per each employee on the largest work shift. 1.25 spaces per each employee on the largest work shift. Commercial Animal Boarding/Daycare 1 space per every 1,000 square feet of gross floor area. 1.25 spaces per every 1,000 square feet of gross floor area. Bed and Breakfast 1 space per each bedroom in addition to requirements for principal residents. 1.25 spaces per each bedroom in addition to requirements for principal residents. Vacation Rental Home 1 space per bedroom 1.25 spaces per bedroom Commercial Indoor Lodging 1 space per room for rent, plus 1 space for each employee on the largest work shift 1.25 spaces per room for rent, plus 1.25 spaces for each employee on the largest work shift Campground 2 spaces per campsite 2.5 spaces per campsite City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 22 Municipal Codes Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Heavy Industrial 1 space per each employee on the largest work shift. 1.25 spaces per each employee on the largest work shift. Indoor Food Production or Production Greenhouse 1 space for every 1,000 square feet of gross floor area 1.25 spaces for every 1,000 square feet of gross floor area Storage Transit Center 1 space per 2,000 square feet of gross floor area 1.25 spaces for every 2,000 square feet of gross floor area Outdoor Storage and Wholesaling 1 space for every 10,000 square feet of gross storage area, plus 1 space per each employee on the largest work shift. 1.25 spaces for every 10,000 square feet of gross storage area, plus 1 space per each employee on the largest work shift. Personal Storage Facility 1 space for each employee on the largest work shift. 1.25 spaces for each employee on the largest work shift. Transportation Transit Center To be determined by the City, based on parking study Refer to parking study Distribution Center 1 space per each employee on the largest work shift 1.25 spaces per each employee on the largest work shift. Freight Terminal 1 space per each employee on the largest work shift 1.25 spaces per each employee on the largest work shift. Airport 1 space per each employee on the largest work shift, plus 1 space per every 5 passengers based on average daily ridership 1.25 spaces per each employee on the largest work shift, plus 1.25 spaces per every 5 passengers based on average daily ridership Heliport None Per conditional use permit Off-Site Parking Lot, Off-Site Structured Parking N/A None, or as established by conditional use permit Extraction & Disposal Extraction 1 space per each employee on the largest work shift. 1.25 spaces per each employee on the largest work shift. Composting 1 space per each employee on the largest work shift. 1.25 spaces per each employee on the largest work shift. Recycling and Waste Disposal 1 space per each employee on the largest work shift. 1.25 spaces per each employee on the largest work shift. Salvage or Junkyard 1 space for every 20,000 square feet of gross storage area, plus 1 space for each employee on the largest work shift 1.25 spaces for every 20,000 square feet of gross storage area, plus 1.25 spaces for each employee on the largest work shift Sand and Mineral Processing 1 space per each employee on the largest work shift. 1.25 spaces per each employee on the largest work shift. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 23 Municipal Codes Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Telecom. Communication Tower None Established by conditional use permit Energy Large Wind Energy System None Established by conditional use permit Large Solar Energy System None Established by conditional use permit Accessory Residential Accessory Structure None, except as required for the principal land use None, except as required for the principal land use Recreational Facility None, except as required for the principal land use None, except as required for the principal land use Landscape Feature None, except as required for the principal land use None, except as required for the principal land use Residential Kennel None, except as required for the principal land use None, except as required for the principal land use Home Occupation 1 space is required if there is a non-resident employee None, except as required for the principal land use In-Home Daycare 4-8 Children None, except as required for the principal land use None, except as required for the principal land use In-Family Suite None, except as required for the principal land use None, except as required for the principal land use Farm Residence None, except as required for the principal land use None, except as required for the principal land use Migrant Employee Housing None, except as required for the principal land use None, except as required for the principal land use Nonresidential Accessory Structure None, except as required for the principal land use None, except as required for the principal land use Residential Stable None, except as required for the principal land use None, except as required for the principal land use On-Site Parking Lot N/A None, except as required for the principal land use On-Site Structured Parking N/A None, except as required for the principal land use Company Cafeteria None, except as required for the principal land use None, except as required for the principal land use Incidental Outdoor Display None, except as required for the principal land use None, except as required for the principal land use Incidental Indoor Sales In addition to the requirements for the principal land use, meet parking requirements of Section 30-78(3). 125% of the minimum parking requirement. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 24 Municipal Codes Land Use Minimum Number of Off- Street Parking Spaces Required Maximum Number of Off- Street Parking Spaces Permitted Accessory Incidental Light Industrial Per Section 30-80(1). 125% of the minimum parking requirement. Incidental Outdoor Storage None, except as required for the principal land use None, except as required for the principal land use Satellite Dish None, except as required for the principal land use None, except as required for the principal land use Personal Antenna and Towers None, except as required for the principal land use None, except as required for the principal land use Communication Antenna None, except as required for the principal land use None, except as required for the principal land use Small Wind Energy System None, except as required for the principal land use None, except as required for the principal land use Small Solar Energy System None, except as required for the principal land use None, except as required for the principal land use Temporary Temporary Moving Container None, except as required for the principal land use None, except as required for the principal land use Temporary Outdoor Storage Container None, except as required for the principal land use None, except as required for the principal land use Garage or Estate Sale None, except as required for the principal land use None, except as required for the principal land use Farmer’s Market 2 spaces per vendor None, except as required for the principal land use Temporary Farm Product Sales 2 spaces per vendor None, except as required for the principal land use Temporary Outdoor Sales None, except as required for the principal land use None, except as required for the principal land use Temporary Outdoor Assembly None, except as required for the principal land use None, except as required for the principal land use Temporary On-Site Construction Storage None, except as required for the principal land use None, except as required for the principal land use Temporary Contractor’s Project Office None, except as required for the principal land use None, except as required for the principal land use Temporary On-Site Real Estate Sales Office None, except as required for the principal land use None, except as required for the principal land use Temporary Relocatable Building None, except as required for the principal land use None, except as required for the principal land use Note: Any partial parking space derived from the required calculations of this Section shall be rounded up to the next whole number (e.g., 6.25 spaces will be rounded up to 7 spaces). City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 25 Municipal Codes (F) Limit on the Number of Off-Street Parking Spaces Provided. No site plan may be approved for a multi-family or nonresidential use which contains more than 125 percent of the development’s minimum number of required parking spaces, except as granted through a conditional use permit. (See Figure 30-175a for a summary of the minimum and maximum parking requirements by land use.) Consideration of the following factors shall be given in considering a conditional use permit request: (1) This provision shall not apply to lots in which less than 25 parking spaces are required. (2) The proposed development has unique or unusual characteristics (such as high sales volume or low parking turnover) which creates a parking demand that exceeds the maximum ratio and does not typically apply to comparable uses. (3) The lot is designed to allow for more intensive future site development. (4) Pedestrian and bicycle connectivity is provided through the lot and connects to adjacent local and regional transit, pedestrian, and bicycle facilities. (5) The need for additional parking cannot be reasonably met through provision of on-street or shared parking with nearby uses. (G) Parking Studies. The Director of Community Development, or designee, has the ability to require a parking study to determine parking requirements. Where a parking study is required, the study shall contain information on the anticipated number of employees, customers, visitors, clients, shifts, events, or deliveries to the use, and may refer to other studies or similar situations elsewhere. (H) Screening Requirements. The following requirements shall apply to all uncovered parking areas except as otherwise provided for by this Section: (1) Off-Street Parking Areas Abutting a Public Street. (a) Any off-street parking area shall provide a minimum 5-foot green area in the front yard setback between the lot line and the paved surface of the parking lot. Plant material shall consist of evergreen and deciduous species. The green area shall be well maintained and plantings shall be promptly replaced if dead or diseased. (b) Non-planted areas of this green area shall not be paved, but shall either be covered with a weed barrier and mulch, planted with ground cover, or both. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 26 Municipal Codes (2) Off-Street Parking Areas Abutting Residential Districts. Any off-street parking area shall provide a solid fence, solid wall, or dense hedge/evergreen shrub border at least 5 feet high along all lot lines abutting a residential district, except in required front yards. Where the parking area abuts an alley, a 5-foot green area, as required in Subsection (1)(a) above, may be substituted for the required fence, wall, or hedge. (3) Off-Street Parking Areas Abutting Other Off-Street Parking Areas. (a) Except for single family and two family dwelling units, any off-street parking area abutting another off-street parking area shall provide a 5- foot minimum green area between the lot line and the parking area. This green area shall be landscaped with a combination of shrubs, trees, and ground cover. (b) Where either or both adjoining properties are less than 60 feet in width, parking areas on either property which is less than 60 feet in width may be constructed to the lot line without a parking area setback or green area required. (4) Landscaping used to meet these requirements shall count toward the landscaping required for paved areas in Article IX. (I) Locational Prohibitions for Off-Street Parking Areas. (1) On a lot containing a single family or two family dwelling unit, off-street parking shall not be located between the principal structure and a street right- of-way, except within residential driveways leading to a legal parking space. (2) No private parking shall occur on street terraces, publicly-owned driveways, or any other areas located within a public right-of-way. (3) There shall be no parking in designated setback areas or outside of site plan approved parking spaces, except in the driveways of single and two family dwellings. [Created 4/11/17] (4) In the RMU district, parking is prohibited in the waterfront yard. (J) Setbacks. (1) The distance from an off-street parking area to the property line of an abutting property shall meet the required setbacks for principal buildings. (2) Vehicular access easements across side and rear yard setbacks of adjoining parking and loading facilities in the I; NMU; SMU; UMU; CMU; RMU; BP; UI and HI districts, across side and rear yards of parking and loading facilities of City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 27 Municipal Codes uses allowed by conditional use permit in RH; SR-2; SR-3; SR-5; SR-9; DR-6; and TR-10 districts, and across side and rear yard setbacks of multi-family developments in MR-12; MR-20; and MR-36 districts may be approved provided a cross access easement is approved by the City Attorney and filed with the Register of Deeds. [Created 4/11/17] (3) In the SMU and UI districts, the parking area setback may be reduced to 5 feet from rear and side property lines if a 5-foot landscaped buffer is provided and if any additional bufferyard requirements are met. (4) Existing parking areas that do not meet the requirements of this Chapter may be maintained or repaired at their setback as of the effective date of this Chapter. (K) Parking Space Design for Single and Two Family Uses. (1) Legal Spaces. (a) Parking spaces must be provided either within a garage, in a driveway, or as uncovered parking spaces meeting the requirements of this Section. See Figures 30-175b and 30-175c. Figure 30-175b: Covered Parking Requirements Figure 30-175c: Uncovered Parking Requirements City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 28 Municipal Codes (b) Driveway Parking Spaces. Driveways may be used for parking only when said driveway leads to legal parking stalls. A driveway parking space may be used for no more than 1 required parking space, provided that the space is at least 8 feet wide and 18 feet deep. (c) Uncovered Parking Spaces (Not Located in Driveways). (i) No more than 4 uncovered parking spaces shall be permitted per lot. Where no garage is provided, a shed shall be provided per the requirements of Section 30-75(A)(4), Section 30-75(B)(4), Section 30- 75(C)(5), and Section 30-75(D)(5). (ii) Uncovered parking spaces shall meet principal structure setbacks and shall be screened per Section 30-175(I). See Figures 30-175d and 30-175e. (iii) Uncovered parking spaces shall be surfaced in accordance with this Chapter within 365 days of building permit issuance. If not dust-free during the permitted 365 days, a minimum aggregate base of 4 inches is required. Uncovered parking spaces shall follow the surfacing requirements of Section 30-175(S). (iv) On interior lots, 1 uncovered parking space is permitted alongside a garage provided said space is not located between the building and the street or the building and the rear lot line and provided said space meets the side setbacks for accessory structures established in Article II. Parking spaces must be screened from view per Section 30- 175(I). See Figure 30-175d. (v) On corner lots, 1 uncovered parking space is permitted alongside the garage provided said space is not located between the building and the street and provided said space meets the side setbacks for accessory structures established in Article II. Parking spaces must be screened from view per Section 30-175(I). See Figure 30-175e. (2) Lots shall not exceed the maximum impervious surface ratio for the applicable zoning district. (3) If no garage is provided, each dwelling unit shall provide one shed of no less than 80 square feet in order to store yard maintenance equipment or other items typically stored in a garage. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 29 Municipal Codes (L) Parking Space Design for Single and Two Family Uses on Small Lots. Parking for single and two family parcels less than 60 feet wide or less than 100 feet deep are regulated as follows: (1) Driveway Parking Spaces. (a) Driveways shall be considered legal, “stacked” (meaning in front of one another) parking spaces for all required stalls. A driveway parking space need not lead to a legal parking space. (b) Required parking spaces may be located in a driveway. There shall be no limit on the number of driveway spaces, provided that each space is at least 8 feet wide and 18 feet deep. (2) Off-street parking spaces on small lots may be stacked for the same building unit. (3) Except for driveways leading to legal parking spaces, parking is not permitted in the front yard. (4) Driveway parking spaces are permitted with the following setbacks: Figure 30-175d: Parking Beside Garage – Interior Lots Figure 30-175e: Parking Beside Garage – Corner Lots City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 30 Municipal Codes (a) Front yard setback: no less than the setback of the front façade of the principal structure (b) Side yard setback between the front and rear façades of the principal structure: no less than 6 inches. (5) Rear yard parking spaces are permitted with the following setbacks: (a) Side yard setback past the rear façade of the principal structure and the rear lot line: per the side setbacks for accessory structures established in Article II (b) Rear yard setback: per the rear setbacks for accessory structures established in Article II (6) Uncovered parking spaces situated beyond the rear façade of the principal structure must be screened with a minimum of 5-foot tall vegetation, solid fencing, or other material that creates a solid screen, impervious to sight from adjacent properties, excluding views from the side of the lot where access is provided. (7) Uncovered parking spaces shall follow the surfacing requirements of Section 30-175(S). Uncovered parking spaces shall be constructed in accordance with this Chapter within 365 days of construction. If not dust-free during the permitted 365 days, a minimum aggregate base of 4 inches is required. (M) Off-Street Parking and Traffic Circulation Standards for Multi-Family and Nonresidential Uses. (1) Circulation. The site shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the general rules of the road. All traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices. (2) Surfacing. All off-street parking and traffic circulation areas shall follow the surfacing requirements Section 30-175(S). (3) Drainage. All off-street parking and traffic circulation areas shall be designed in such a manner so as to not have a negative surface water drainage impact on adjacent properties and to meet the requirements of Chapter 14 of the City of Oshkosh Municipal Code. (4) Marking. All off-street parking and traffic circulation areas shall be marked, striped, and maintained in a clear and visible manner which clearly indicates parking spaces, pedestrian walkways, and other designated areas. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 31 Municipal Codes (5) Curbing. A minimum 6-inch-high curb shall be installed around all parking areas and internal landscape islands, except as follows: (a) Where bio-filtration and/or bio-retention methods of stormwater management are utilized as part of an approved grading and drainage plan, alternatives to the installation of curbing may be considered by the Department of Community Development, provided that measures are taken to protect the landscaping from vehicular circulation damage. (b) For industrial uses within industrial zoning districts, curbing is only required adjacent to buildings, planting islands, required front yards, and where necessary to prevent any part of a vehicle from extending over or beyond any pedestrian paths or rights-of-way. (6) Access. (a) Each off-street parking space shall open directly upon an aisle or driveway that is wide enough to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into any pedestrian way or arterial or collector street. (i) Parking, loading, and traffic circulation areas serving less than 6 parking spaces may back into local streets, but shall not back into collector or arterial streets. Refer to the traffic control requirements of Section 30-172(J). (b) All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley, in a manner which least interferes with traffic movements. (c) No driveway across public property or requiring a curb cut shall exceed a width of 40 feet at the property line. (7) Lighting. All off-street parking and traffic circulation areas serving 6 or more cars shall be lit to ensure their safe and efficient use during evening hours. An illumination level between 0.4 and 1.0 foot-candles is recommended but shall not exceed the standards of Section 30-190. (8) Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article X. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 32 Municipal Codes (9) Landscaping and Screening. Parking lots shall meet the screening requirements of Sections 30-175(I). Landscaping used to meet this requirement shall count toward the landscaping required for paved areas in Article IX. (10) Minimum Permitted Throat Length. (a) Refer to Chapter 25 of the City of Oshkosh Municipal Code to determine the minimum permitted throat length of access drives serving parking lots as measured from the right-of-way line along the centerline of the access drive. (b) In no case shall the throat length be less than the required setback. (11) Special Provisions for Nonconforming Parking Lots (a) Legally established parking facilities constructed prior to the effective date of this Chapter which do not meet the minimum setbacks required by this Chapter shall be permitted to be reconstructed with reduced setbacks, subject to approval of a parking lot layout plan by the Director of Community Development, or designee. Said parking lot layout plan shall be designed in accordance with the dimensions identified in Figure 30-175f of this Chapter. Parking lot setback reductions shall only be provided in the following instances: (i) To prevent the loss of legal parking spaces as required by this Chapter (ii) To prevent the loss of required internal circulation aisles (iii) To retain the functionality of the parking lot (b) The remaining setback area shall be devoted to landscape buffer area per the landscape requirements for paved areas described in Section 30- 253(B)(4). If, in the opinion of the Director of Community Development, or designee, the remaining setback area cannot effectively support any type of vegetation, the parking facility may be reconstructed to the existing setback, with the exception that curbing, decorative masonry wall, and/or wrought iron fence be installed along said parking lot perimeter to prevent vehicles from encroaching over the right-of-way or property lines. (c) Parking lots with existing curbing installed along perimeter property lines and adjacent to the right-of-way shall be allowed to be reconstructed inside of said curbed area, provided the curbing is not being removed and/or reconstructed. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 33 Municipal Codes (d) The provisions of this Chapter pertaining to the installation of curbing located in Section 30-175(N)(5) and internal landscaping located in Section 30-253(B)(4) shall not apply to the reconstruction of parking lots of 50 stalls or less. (N) Parking Space Design Standards. Other than handicapped parking, permitted parking in residential driveways, and where otherwise regulated in this Section, each off-street parking space shall comply with the minimum requirements of Figure 30-175f. All parking spaces shall have a minimum vertical clearance of at least 7 feet. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 34 Municipal Codes Figure 30-175f: Parking Layout Dimensions Parking Angle in Degrees Minimum Permitted Dimensions 0 45 60 75 90 Stall Width at Parking Angle (SW) 9’ 9’ 9’ 9’ 9’ Stall Width Parallel to Aisle (WP) 22’ 12’6” 10’3” 9.3’ 9’ Stall Depth to Wall (D)1 9’ 18’ 18’ 18’ 18’ Stall Length (SL) 18.0’ 25.0’ 22.0’ 20.0’ 18.5’ Aisle Width for 1-way traffic flow (AW) 14’ 14’ 16’ 23’ 24’ Aisle Width for 2-way traffic flow with angled parking 24’ 24’ 24’ 24’ 24’ Throat Length (right-of-way to parking angle) (T)2 Refer to Chapter 25. Notes: 1Stall Depth (D) may be reduced by 2 feet, provided vehicle overhang is located over a landscaped area or pedestrian walk if said walk is oversized to provide a minimum of 5 feet of clear pedestrian access and a concrete curb or wheel stop is provided to protect vegetation and pedestrians. 2In no case shall the throat length be less than the required setback. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 35 Municipal Codes (O) Partial or Phased Development of Required Parking Spaces. (1) Any development may seek permission from the Director of Community Development, or designee, to phase-in a portion of its required parking at time of site plan review; however, the site plan shall depict the minimum number of required parking spaces. (2) Areas required for parking, but not immediately improved, shall be reserved for future parking. (3) Undeveloped future parking areas shall be seeded with a grass mix or vegetative cover acceptable to the Director of Community Development, or designee, until said area is developed into a parking surface. (P) Joint Off-Site Parking Facilities. (1) Parking facilities which have been approved by the Director of Community Development, or designee, to provide required parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses. (2) Joint Use Parking Facility. Up to a 15 percent reduction in the number of required parking spaces for 4 or more separate uses, 10 percent for 3 separate uses, and 5 percent for 2 separate uses may be authorized by the Director of Community Development, or designee, following approval of a plan which provides for a collective parking facility. (3) Day-Night Use Parking Facility. The Director of Community Development, or designee, may authorize the shared day-night use of parking facilities under the following conditions: (a) Up to 50 percent of the parking facilities by nighttime uses may be supplied by the off-street parking facilities of daytime uses. (b) Up to 50 percent of the parking facilities of daytime uses may be supplied by the off-street parking facilities of nighttime uses. (4) The applicant(s) for approval of a joint or day-night use parking facility shall demonstrate to the satisfaction of the Director of Community Development, or designee, that there is no substantial conflict in the demand for parking during the principal operating hours of the uses for which the joint parking facility is proposed to serve. Conditions required for joint use shall be as follows: City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 36 Municipal Codes (a) The building or use for which application is being made to utilize the off- street parking facilities provided by another building or use shall be located within 1,000 feet of such parking facilities. (b) A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City attorney, shall be recorded at the Register of Deeds. Said agreement shall cover a period of no less than 30 years. Joint use parking privileges shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required in this Chapter. (Q) Bicycle Parking Standards. (1) Required provision of bicycle parking areas. (a) For all multi-family, commercial, institutional, and industrial uses, a minimum of 4 bicycle spaces shall be provided. (b) For parking lots containing more than 40 automobile parking spaces, off- street bicycle parking spaces shall be provided. The number of off-street bicycle parking spaces to be provided shall be equal to 5 percent of the automobile parking space requirement or 20 bicycle parking spaces, whichever is less. (c) A nonresidential use’s automobile parking requirement may be reduced by providing additional bicycle parking. After the bicycle parking requirement has been met, a minimum of 4 bicycle parking spaces may be provided in lieu of 1 required automobile parking space, with a maximum reduction of up to 5 automobile parking spaces. (2) Specifications for Bicycle Parking Spaces. (a) The “inverted-U” type bike rack is the preferred bicycle parking rack and means of providing off-street bicycle parking spaces as required in this Section, but all types of bicycle parking racks are acceptable. One inverted-U type rack will count as 2 bicycle parking spaces. (b) All bicycle parking provided shall be on a hard-surfaced area and shall be set back from walls and other objects so the bicycle rack is useable. Freestanding bicycle parking racks shall be securely fastened to the ground. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 37 Municipal Codes (c) Bicycle parking spaces shall be installed in conformance with setback requirements applicable to automobile parking lots. The spaces shall be placed where bicyclists would naturally transition to pedestrian mode. The placement of the racks shall not conflict with pedestrians and motorized traffic. (R) Surfacing. (1) All off-street parking, loading, and traffic circulation areas shall be graded and surfaced so as to be dust-free and properly drained and shall be paved with a hard, all-weather or other surface to the satisfaction of the Director of Community Development, or designee. All driveways and parking areas shall be surfaced with a minimum thickness of 3 inches of asphaltic concrete, concrete, or any other surfacing over a minimum thickness of 4 inches of an aggregate base material as approved by the Department of Public Works. (2) The following shall be exempt from these surfacing requirements: (a) Driveways in the RH-35 district shall be exempt except for the first 20 feet of the driveway closest to the right-of-way, which shall be hard surfaced. (b) All agricultural land uses (Section 30-76). (c) Enclosed and screened outdoor storage areas. When such uses are discontinued, the area(s) shall comply with the surfacing requirements of Subsection (1), above, or shall be returned to vegetative ground cover. (S) Installation and Maintenance. (1) Off-street parking and circulation areas and required screening and landscaping shall be continuously maintained in good condition and appearance. Surfacing, lighting, barriers, markings, planting materials, and all other aspects of the off-street parking and circulation facility shall be repaired or replaced with new materials in compliance with the provision of this Chapter. (2) All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times, except for approved phased development of parking spaces as provided for by Subsection (P), above. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by Section 30-191. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 38 Municipal Codes (T) Limitations on Uses of All Off-Street Parking Areas. (1) All vehicles shall be in condition for safe and legal performance on public right- of-ways, be registered, and display current license plates. (2) Under no circumstances shall any vehicle or equipment be used as living quarters, except for approved Campground land uses. (3) Vehicles or equipment not normally associated with a residential use shall not be parked or stored outdoors on a residential property. On a nonresidential property, such vehicles or equipment shall not be parked or stored outdoors, except in areas identified on an approved site plan for the purpose of heavy vehicle parking or an Outdoor Storage land use. Such vehicles or equipment include but are not limited to: (a) Construction equipment such as bulldozers, backhoes, skid steers, and fork lifts (b) Dump and stake body style trucks (c) Cube type vans and trucks (d) Landscaping business equipment such as tractors, tree spades, graders, and scrapers (e) Semi-trailers and tractors (f) Concession, vending, and catering trailers (g) Commercial/industrial equipment trailers and lifts (h) Tow trucks, wreckers, or car carriers except for 1 light-duty tow truck (not a roll back, flat bed, or carrier type) with a gross vehicle weight not exceeding 12,000 pounds may be parked on a residential lot when on call, operating under the rotating call list established and kept by the City of Oshkosh Police Department or Winnebago County. [revised 6/11/19] (i) Amusement rides and similar vehicles (U) Limitations on Uses of Residential Off-Street Parking Areas. In residential districts and on lots associated with residential uses, accessory off-street parking facilities shall be solely for the parking of passenger vehicles, which shall be regulated as follows: City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 39 Municipal Codes (1) A maximum of one commercial vehicle per dwelling unit may be parked outdoors on residential property provided that the vehicle is used by a resident of the dwelling unit, has a manufacturer’s gross vehicle weight rating of 10,000 pounds or less, and is less than 21 feet in length. (2) No person shall park any motor truck, truck trailer, trailer, semitrailer or any other vehicle or combination of vehicles weighing more than 10,000 pounds, except recreational vehicles or motor homes are permitted if parked in a driveway or other legal off-street parking space. (3) A recreational vehicle (RV) associated with and customary to residential uses may be parked as if a passenger vehicle but shall not be utilized for the storage of goods, materials, or equipment other than that which is considered part of the RV or essential to its function. Section 30-176: Off-Street Loading Standards (A) Purpose. The purpose of this Section is to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites. (B) Applicability. All institutional, commercial, industrial, storage, and transportation land uses shall provide off-street loading facilities in accordance with the regulations of this Section. (C) Review and Approval. All developments and redevelopments will be reviewed for conformance with this Section through the site plan review process (see Section 30- 385). (D) Depiction on Required Site Plan. Any and all required loading areas and trailer and container storage areas proposed to be located on the subject property shall be depicted as to its location and configuration on the site plan required for the development of the subject property. (E) Location. (1) Loading areas shall be located on the private lot and shall not be located within or interfere with any public right-of-way while in use. (2) Loading areas shall be located on the same lot as the use served. (3) For development with a gross floor area of greater than 10,000 square feet, loading areas shall not be located in a required front yard. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 40 Municipal Codes (4) Loading areas shall be located at least 50 feet from a residential district. (5) Loading areas shall be located 25 feet or more from the intersection of 2 street right-of-way lines. (6) In the BP and SMU zoning districts, no off-street loading areas shall be located on the sides of buildings fronting onto U.S. Highway 41, Koeller Street, or Washburn Street, except if in the opinion of the Director of Community Development, or designee, that no other location is suitable for such purpose. (F) Size of Loading Area. (1) Structures of less than 10,000 square feet shall provide adequate receiving platforms or other facilities located off an adjacent alley, service drive, or other open space on the same lot. (2) Structures larger than or equal to 10,000 square feet but less than 20,000 square feet shall provide an off-street loading space that is at least 10 feet wide and at least 25 feet long. (3) Structures 20,000 square feet or larger shall provide an off-street loading space that is at least 10 feet wide and at least 50 feet long. (G) Access to Loading Area. Each loading area shall be located so as to facilitate access to a public street or alley, shall not interfere with other vehicular or pedestrian traffic, and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way while in use. (H) Surface. All required loading areas shall follow the surfacing requirements of Section 30-175(S). (I) Use of Required Loading Areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Loading areas shall not be used to provide the required number of parking spaces. (J) Lighting. All loading areas shall be lit to ensure their safe and efficient use during evening hours. An illumination level between 0.4 and 1.0 foot-candles is recommended but shall not exceed the standards of Section 30-190. (K) Signage. All signage located within or related to loading areas shall comply with the requirements of Article X. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 41 Municipal Codes Sections 30-177 to 30-189: Reserved Section 30-190: Exterior Lighting Standards (A) Purpose. The purpose of this Section is to provide illumination levels on sites for function and safety as well as regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and nearby land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances. (B) Applicability. The requirements of this Section apply to all exterior lighting within the jurisdiction of this Chapter, except for lighting within public rights-of-way. (C) Review and Approval. All developments and redevelopments will be reviewed for conformance with this Section through the site plan review process (see Section 30- 385). (D) Depiction on Required Site Plan. Any and all exterior lighting shall be depicted as to its location, orientation, and configuration on the site plan required for the development of the subject property. (E) Exterior Lighting Requirements. (1) In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement. (2) Flashing, flickering and/or other lighting which may distract motorists are prohibited. (3) Intensity of Illumination. (a) In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 foot-candles above ambient lighting conditions on a cloudless night. (b) The maximum average on-site lighting in nonresidential zoning districts shall be 3.0 foot-candles. (c) The maximum average on-site lighting in residential zoning districts shall be 1.0 foot-candles. (d) The following exceptions shall be permitted. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 42 Municipal Codes (i) The maximum average allowable on-site lighting of outdoor recreation facilities and assembly areas is 4.0 foot-candles. (ii) The maximum average on-site lighting of auto display lots and gas station pump islands is 25.0 foot-candles, provided that lighting is dimmed to 3.0 foot-candles when business is closed. All under-the- canopy fixtures shall be fully recessed. (e) Reflected glare onto nearby buildings, streets, or pedestrian areas is prohibited. (4) Fixtures and Luminaries. (a) Outdoor lighting shall be full cut-off fixtures and downward facing and no direct light shall transmit onto adjacent properties. (i) Exempt from this requirement are decorative light fixtures with frosted glass lamps, and any fixtures using a light bulb with a factory-rated light output of 1,700 lumens or less, including 100 watt incandescent bulbs and 100-watt-equivalent compact florescent bulbs. (b) Light fixtures shall not be located within required bufferyards or required minimum setbacks. (c) The color and design of fixtures shall be compatible with the building and public lighting in the area, and shall be uniform throughout the entire development site. (d) The maximum fixture mounting height by zoning district shall be: (i) 16 feet in the SR-2, SR-3, SR-5, SR-9, DR-6, and TR-10 zoning districts (ii) 20 feet in the MR-12, MR-20, MR-36, MH-9, I, NMU, SMU, UMU, RMU and CMU zoning districts [revised 4/24/18] [revised 6/11/19] (iii) 25 feet in the CBP, BP, UI, and HI zoning districts [revised 4.28.20] (iv) Light fixture mounting height may be increased by up to 3 feet over the maximum fixture mounting height to accommodate a light pole base, provided the overall height does not exceed 25 feet. [created 4.28.20] (e) All lighting fixtures existing prior to the effective date of this Chapter shall be considered legal nonconforming fixtures. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 43 Municipal Codes (5) All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.4 foot-candles. (F) Additional Lighting Requirements for Nonresidential Uses and Multi-Family Uses. (1) Each exterior entrance to one or more dwelling units and garages shall have an exterior light within 8 feet of the entrance. (2) For residential uses, exterior lighting with automatic controls shall be provided so that the house numbers are visible from the adjacent street and interior drive. For units with individual exterior entrances, such lighting shall be provided so that the unit numbers are visible to pedestrians on the sidewalk. (3) Exterior lighting with automatic controls shall be provided for all sidewalks and parking areas to provide safe travel between the parking areas and the building. (4) Motion sensor lights shall be permitted, provided they are placed no higher than 16 feet above ground level and provided they meet the requirements for outdoor lighting in Section 30-190. (G) Additional Lighting Requirements for Intensive Outdoor Recreation Uses. (1) Lighting shall be set to automatically shut off when there is no scheduled play and shall be extinguished no later than 10 P.M. Lower light levels for off the field lighting may be provided for an additional 1 hour for safe egress. (2) The mounting height for light fixtures shall be no greater than one-fourth the distance to the nearest property line from where the light fixture is located. Section 30-191: Exterior Storage and Screening Standards (A) Purpose. The purpose of this Section is to control the use of residential, office, and commercial property for exterior storage so as to promote the safety and general welfare of the public. For additional requirements relating to exterior storage for specific uses, refer to Article III. (B) Review and Approval. (1) All developments and redevelopments will be reviewed for conformance with this Section through the site plan review process (see Section 30-385). (2) Outdoor Storage land uses shall meet the requirements of 30-81(B) and require a conditional use permit. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 44 Municipal Codes (C) Requirements for Exterior Storage. (1) Requirements for Exterior Storage in Mixed Use Zoning Districts. (a) In all mixed use zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following: screened refuse containers, construction materials, landscape materials, and related equipment connected within on-site construction. Materials related to construction and landscaping projects shall not be stored outdoors after the completion of the project. (b) Such outdoor storage shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces). Outdoor storage shall conform to all setback requirements or shall be located a minimum of 5 feet from all property lines, whichever is more restrictive. (2) Screening for storage land uses shall comply with the requirements of Section 30-81. Screening for Incidental Outdoor Storage land uses shall comply with the requirements of Section 30-86(R). (3) Screening shall be well maintained. (D) Exterior Storage of Refuse. (1) Trash Cans Required near Entrances. (a) For multi-family, institutional, commercial, multiple use buildings, and industrial uses, each building entrance shall include one covered trash can with a capacity of at least 15 gallons and one smoking materials receptacle, or combination thereof. (i) Exceptions. For multifamily uses and multiple use buildings, this requirement shall only apply to entrances that serve more than 2 units. For industrial uses, this requirement shall only apply to visitor and customer entrances. (b) Said receptacles shall be decorative in design, designed for outdoor use, and made of metal, wood, stone, or other material as approved by the Director of Community Development, or designee. (2) Refuse or Recycling Enclosures. (a) For multi-family, institutional, commercial, multiple use buildings, and industrial uses, all exterior trash storage areas shall be located within an enclosure at least 6 feet in height that completely screens the view of all trash and trash storage containers. The exterior of said enclosure shall be City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 45 Municipal Codes constructed of solid wood or one or more of the materials used on the exterior of the main building. A solid gate shall be used to gain access to the storage area; said gate shall be constructed of an opaque material or interwoven slat fencing. (b) No exterior trash storage or dumpsters shall be located between a building and a public street except if in the opinion of the Director of Community Development, or designee, no other suitable location is available for such purpose, and provided the dumpster area is developed in a manner so as to minimize its appearance from a public street. (E) Mechanical Equipment and On-Site Utilities. (1) Definition. Mechanical equipment is defined as devices installed for a use appurtenant to the property, structures, or principal use. Mechanical equipment includes, but is not limited to, HVAC equipment, transformers, gas and electric meters, utility-related equipment, exhaust fans external to buildings, louvers, vents, and industrial process equipment. The following equipment shall be exempt from screening requirements due to functional concerns: satellite dishes, personal antennas and towers, industrial smoke stacks, and solar or wind energy systems. (2) Applicability. The screening of mechanical equipment and utilities shall be required for all uses as regulated in this Chapter, except for single family and two family dwelling units and those exempted in other sections of the City of Oshkosh Municipal Code. Figure 30-191a addresses the applicability of the screening requirements for various situations. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 46 Municipal Codes Figure 30-191a: Applicability of Mechanical Equipment Screening Requirements Screening Requirements Change or Improvement Construction Before July 1, 1996 Construction On or After July 1, 1996 Building Replacement Not required Required Building Relocation Not required Required Physical Building Addition Required when single or cumulative additions exceed 50% of the floor area of original building Required Additional Mechanical Units to Existing Buildings Not required Required New Buildings N/A Required (3) Figure 30-191b addresses the applicability of the screening requirements for commercial and industrial uses in industrial and mixed use zoning districts. Existing uses shall mean uses that were established prior to July 1, 1996. Figure 30-191b: Mechanical Equipment Screening - Commercial and Industrial Uses Use and District Screening Requirements Existing industrial uses in UI and HI districts – side yard, rear yard, and rooftop-mounted Screening not required Existing industrial uses in UI and HI districts – street yard Screening required New commercial and industrial uses in NMU, SMU, UMU, SMU, RMU, BP, UI, and HI districts Screening required (4) Situations which change the status of a conforming mechanical equipment installation to nonconforming status such as a change in zoning or establishment of a use shall be regulated as set forth in Article V, Nonconforming Situations. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 47 Municipal Codes (5) Screening Design Standards for Ground-mounted Equipment. Ground- mounted mechanical equipment must be hidden from view through the use of one or both of the following methods: (a) Earth berm(s) with evergreen landscaping at a combined height sufficient to fully screen the equipment from the right-of-way or other users of the site. (b) A bufferyard with a minimum opacity of 0.4 that completely surrounds the equipment. (6) Screening Distance. (a) Mechanical equipment is considered to be screened if it is not visible from any portion of the adjacent street right-of-way or adjacent property lines as measured at a height of 5 feet from the sidewalk/curb elevation or from the grade of the center line of the street if no sidewalk or curb is present. (b) Exceptions can be made for elevated roads that are of a considerable higher grade from that of the mechanical equipment, for drastic grade changes, or for other special circumstances as determined by the Director of Community Development, or designee. (7) See Article VIII for requirements for building-mounted and roof-mounted mechanical equipment. (8) On-Site Utilities. All on-site utilities, including but not limited to electrical, telephone, and cable, shall be installed as underground facilities. This shall apply to utilities running from the utility easement or street right-of-way to structures and to utilities supplying service between structures. Section 30-192: Fencing Standards (A) Purpose. The purpose of this Section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls, and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public. (B) Applicability. The requirements of this Section apply to all fencing, landscape walls, and decorative posts for all land uses and activities. (C) Review and Approval. Fences shall be reviewed and approved by the Director of Community Development, or designee, and shall require a building permit, unless the proposed fence requires a conditional use permit. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 48 Municipal Codes (D) Temporary Fencing. Permits are not required for temporary fencing. Temporary fencing shall be permitted for the following purposes: (1) The use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1. (2) The protection of excavation and construction sites and the protection of plants during grading and construction, in association with an active building permit. (E) Design and Materials. (1) Materials. (a) Fences shall be constructed using the following materials: (i) Naturally resistant or treated wood (ii) Brick or masonry (iii) Natural stone (iv) Wrought iron (v) Vinyl (vi) Galvanized and/or coated chain link (vii) Any other material of comparable quality as approved by the Director of Community Development, or designee. (b) Rules Related to Specific Materials. (i) Permanent chicken wire fences or snow fences shall not be used with residential uses. (ii) Non-corrugated, solid metal fences are permitted in the UI and HI zoning districts. (iii) Barb wire fencing or similar security fencing shall be permitted only on the top of security fencing when located at least 6 feet above the ground and shall be permitted only in the I, UI, and HI districts. Such fences shall meet the setbacks for the principal structure. (iv) Galvanized and coated chain link fences shall have a minimum 9 gauge thickness, and a top rail support is required. Galvanized and coated chain link fences shall not be permitted in front or street yards and shall not extend toward the street beyond the front of the building. [Revised 4/11/17] City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 49 Municipal Codes (2) Design. (a) With the exception of fences used for required screening, any fence located in the front yard shall be a maximum of 50 percent opaque, meaning that the spaces between the pickets are equal to or greater than the width of the pickets. See Figure 30-192a. (b) A fence that includes pre-woven or interwoven privacy fence slats and that is at least 90 percent opaque shall be considered a solid fence. (c) Fences shall be architecturally compatible with the design and materials of the principal building. Design details shall be substantially the same (but need not be identical) as those of the principal building. Industrial uses shall be exempt from this requirement. Figure 30-192a: Fencing Standards City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 50 Municipal Codes (F) Height. (1) Maximum Height. The maximum height of any fence panel, landscape wall, or decorative post shall be the following: (a) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-12, MR-20, MR-36, MH-9, I, and NMU zoning districts: (i) 4 feet when located within the required or provided front yard or street yard, whichever is closer to the street. (ii) 6 feet within the side yard or rear yard, but not in the required front yard or beyond the front façade of the principal building. (iii) 6 feet in the front yard on the long side of corner lots provided the fence has a setback equal to that of the principal structure, or what would be required for new construction of a principal structure based on the lot dimensions, whichever is greater. [created 6/11/19] (iv) Where permitted, barb wire fencing or similar security fencing on top of fences shall not extend higher than 3 feet beyond the top of the fence. (b) In the RMU zoning district: (i) 4 feet when located within the required or provided waterfront yard or street yard, whichever is closer to the water or street, as appropriate. (ii) 6 feet within the side yard. (iii) 6 feet in the front yard on the long side of corner lots provided the fence has a setback equal to that of the principal structure, or what would be required for new construction of a principal structure based on the lot dimensions, whichever is greater. [created 6/11/19] City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 51 Municipal Codes (c) In the RH-35, SMU, UMU, CMU, BP, UI, and HI zoning districts: (i) 4 feet when located within the required or provided front yard or street yard, whichever is closer to the street. (ii) 8 feet within the side yard or rear yard, but not in the required front yard or beyond the front façade of the principal building. (iii) 8 feet in the front yard on the long side of corner lots provided the fence has a setback equal to that of the principal structure, or what would be required for new construction of a principal structure based on the lot dimensions, whichever is greater. [created 6/11/19] (iv) Where permitted, barb wire fencing or similar security fencing on top of fences shall not extend higher than 3 feet beyond the top of the fence. (a) Height shall be measured from the ground immediately under the fence to the top rail of the fence. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 52 Municipal Codes (2) Height Exceptions. (a) Decorative posts at a minimum spacing of 24 inches may extend 8 inches above the maximum height. See Figure 30-192b. (b) To accommodate slopes and/or lawn maintenance, up to 4 inches of ground clearance shall be allowed which will not contribute to the measurement of maximum fence height. (c) Berms with slopes less than or equal to a minimum of 3 feet of horizontal to a maximum of every 1 foot of vertical (i.e. 3:1) shall not contribute to the measurement of maximum fence height. Figure 30-192b: Fence Height and Exceptions (G) Location. (1) Fences must meet the visibility standards in Section 30-174. (2) Fences may be located within or on any property line. (3) Fences legally constructed prior to the effective date of this Chapter shall be permitted to be replaced in their existing location. City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 53 Municipal Codes (H) Orientation. Any and all fences, landscape walls, or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property, i.e. with the finished side facing outward. (I) Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner. Figure 30-192c: Fencing Standards [Revised 4/11/17] City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 54 Municipal Codes Sections 30-193 to 30-219: Reserved Section 30-220: Outdoor Recreational Space Requirements (A) Outdoor Recreational Space Requirements for Multi-Family Uses. (1) Each multi-family development containing 3 or more units shall provide an outdoor recreational space suitable for outdoor recreation such as sitting, sunbathing, grilling, and playing catch. This space could include a children’s play area. Outdoor recreational space can be provided at ground level or other areas including but not limited to communal porches/decks, balconies, and rooftop gardens. (a) The outdoor recreational space and/or children’s play area is encouraged to include picnic tables, recreational equipment, and/or play equipment suitable for small children such as sandboxes, swing sets, and play structures. This is intended to provide an equivalent level of outdoor recreation equipment that would normally be available with a single or two family dwelling. (2) Multi-family uses located within the Central Mixed Use or Riverfront Overlay zoning districts are encouraged to provide outdoor recreational space but are exempt from the requirement to provide outdoor recreational space as regulated in this Section. (3) Minimum Area. A minimum of 200 square feet plus 25 square feet per bedroom shall be provided. (4) Required outdoor recreational space shall be for the private use of residents and need not be open to the public. (B) Buildings shall be organized in relation to open spaces to create a balance of usable open space and efficient circulating and parking. The requirements of this Section shall not override the establishment of an orderly, positive, and urban character of the relationship of buildings to streets. (C) Required outdoor recreational space may be divided into multiple distinct spaces, provided that no single outdoor recreation space is smaller than 100 square feet or narrower than 10 feet in any direction. (D) The following will not count toward the total outdoor recreational space requirement: City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 55 Municipal Codes (1) Areas in the required front or side yard setbacks. (2) Areas within 2 feet of parking stalls (as measured from the face of the curb). (3) Areas used for landscaping, stormwater infiltration, bicycle parking, trash and recycling storage, or heating and cooling units. (E) Required outdoor recreational space shall not count toward land dedication or fee in lieu of land dedication requirements of the Subdivision Ordinance of the City of Oshkosh Municipal Code. Section 30-221: Regulations for Vacant Buildings (A) This Section shall apply to all buildings. [Revised 10/13/20] (B) Where any building is vacated because 100 percent of the residential or commercial use conducted thereon is being terminated or relocated to a different building, the party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease. (C) With the exception of historic buildings and landmarks, any building that is completely vacated for any reason shall be subject to the following provisions: (1) The owner must file with the City a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building. (2) The owner shall be required to meet the requirements defined below based on the amount of time the building remains vacant: City of Oshkosh Zoning Ordinance Municipal Code City of Oshkosh Chapter 30 –Article VII - Page 56 Municipal Codes Figure 30-221: Steps for Addressing Building Vacancy Time Period Building is Vacant Requirement 1 Year of Vacancy Install a fire department access box for annual fire inspection if the Fire Department determines it is necessary. Remove signage per the requirements of Section 30-313. 5 Years of Vacancy The City will complete a comprehensive maintenance review of the property and may require the property owner to meet the standards of the Property Maintenance and Building Codes. 10 Years of Vacancy If the building is not maintained, the City may require the site to be cleared of all improvements and returned to vegetative ground cover. (3) Within the first quarter of each year of complete vacancy, the owner shall provide the Director of Community Development, or designee, with a statement as to the condition of the building and prospects for removal or re- occupancy of the building(s). (4) At any time following complete vacancy, the City may utilize other enforcement options available to it to ensure property maintenance and upkeep of the building and site such as requiring the property owner to meet the standards of the Property Maintenance and Building Codes. (5) Occupancy of any portion of the building(s) and/or the exterior grounds for a period of less than 90 consecutive days shall not be considered to remove the vacancy status of the building under this Section. Sections 30-222 to 30-239: Reserved