HomeMy WebLinkAboutChapter 30 - Article I - Introductions and DefinitionsCity of Oshkosh Zoning Ordinance Municipal Code
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ARTICLE I: INTRODUCTION AND DEFINITIONS
Section 30-01: Title
This Chapter shall be known, cited, and referred to as the City of Oshkosh Zoning
Ordinance, except where as referred to herein, where it shall be known as “this Chapter.”
Section 30-02: Authority
This Chapter is enacted pursuant to the authority granted by the State of Wisconsin
Statutes. Specific statutory references are provided within the body of this Chapter solely
as a means of assisting the reader. Such references are not to be considered as all-inclusive
and shall in no manner be construed so as to limit the application or interpretation of this
Chapter. State Law References: Section 62.23(7), 62.231, 87.30, Wisconsin Statutes.
Section 30-03: Purpose and Intent
This Chapter is adopted for the purpose of protecting the health, safety, morals, comfort,
convenience, and general welfare of the public. This Chapter is designed to control and
lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to
promote adequate light and air; to protect groundwater resources; to prevent the
overcrowding of land; to avoid undue concentration of population; to preserve, protect,
and promote property values; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public facilities; and to preserve burial sites as
defined in Sec. 157.70(1)(b), Wisconsin Statutes. It is also the intent of this Chapter is to
implement certain goals and objectives of the City of Oshkosh Comprehensive Plan,
which are best addressed through zoning approaches, as enabled by Wisconsin Statutes.
Section 30-04: Separability and Non-Liability
It is hereby declared to be the intention of the City of Oshkosh Common Council that
provisions of this Chapter are separable in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge any provision of this Chapter to
be invalid, such judgment shall not affect any other provisions of this Chapter not
specifically included in said judgment.
(B) If any court of competent jurisdiction shall adjudge invalid the application of any
portion of this Chapter to a particular property, water, building, or structure, such
judgment shall not affect the application of said provision to any other property,
water, building, or structure not specifically included in said judgment.
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(C) If any requirement or limitation attached to an authorization given under this
Chapter is found invalid, it shall be presumed that the authorization would not have
been granted without the requirement or limitation and, therefore, said
authorization shall also be invalid.
(D) The City does not guarantee, warrant, or represent that only those areas designated
as floodplain will be subject to periodic inundation and hereby asserts that there is
no liability on the part of the City, its officers, employees, agents, or representatives
for any flood damages, sanitation problems, or structural damages.
Section 30-05: Abrogation
It is not intended that this Chapter abrogate or interfere with any constitutionally
protected vested right. It is also not intended that this Chapter abrogate, repeal, annul,
impair, or interfere with any existing easements, covenants, deed restrictions,
agreements, rules, regulations, or permits previously adopted or issued pursuant to law.
Section 30-06: Rules of Interpretation
(A) In their interpretation and application, the provisions of this Chapter shall be held
to be the minimum requirements for the promotion of the public health, safety,
morals, and welfare.
(B) Where property is affected by the regulations imposed by any provision of this
Chapter and by other governmental regulations, the regulations which are more
restrictive or which impose higher standards or requirements shall prevail.
Regardless of any other provision of this Chapter, no land shall be developed or
used, and no structure erected or maintained, in violation of any state or federal
regulations. Where there are conflicts between or among regulations within this
Chapter, the regulations that are more restrictive or which impose higher standards
or requirements shall prevail. In all instances, where there are conflicts between the
text of this Chapter and any tables or figures of this Chapter, the text shall prevail.
(C) No structure, land, water, or air shall hereafter be used and no structure or part
thereof shall hereafter be located, erected, moved, reconstructed, extended,
enlarged, converted, or structurally altered without a building permit, except
structures not requiring a building permit (e.g. swing set, clothesline, etc.), and
without full compliance with the provisions of this Chapter and all other applicable
local, county, and state regulations.
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(D) Nothing herein contained shall require any changes in plans, construction, size, or
designated use of any building or part thereof for which a building permit has been
issued before the effective date of this Chapter, and the construction of which shall
have been started within one year from the date of such permit.
(E) Except as provided in this Chapter, under provisions for nonconforming uses,
nonconforming developments, substandard lots, and nonconforming structures
and buildings (see Article V), no building, structure, development, or premises shall
be hereinafter used or occupied, and no applicable permit granted, that does not
conform to the requirements of this Chapter.
(F) In cases of mixed occupancy or mixed use buildings, the regulations for each land
use shall apply to the portion of the structure or land so occupied or so used. In the
case of buildings containing both residential and nonresidential uses, the density,
intensity, and bulk standards for nonresidential buildings shall apply.
(G) Except for outlots authorized under Article XVII: Subdivisions to contain
permanently protected green space area, no yard or other open space area shall be
considered as providing a yard or open space for a building or structure on any
other lot.
Section 30-07: Jurisdiction
This Chapter is applicable to all territory located within the corporate limits of the City
of Oshkosh, all areas within the extraterritorial jurisdiction of the City of Oshkosh, and
all areas where boundary agreements are in place.
Section 30-08: Reserved
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Section 30-09: Effective Date
This Chapter shall become effective upon passage and publication according to law,
following the date of repeal and recreation of the Official Zoning Map. All plans
approved under previous zoning regulations shall be valid and may be used to obtain
permits for a period of not more than one year after the effective date of this Chapter,
except where subject to developer agreement provisions such as Planned Developments.
Section 30-10: Applicability
(A) All Sections of this Chapter are applied to all properties, all development activity,
and all uses of land and property within the City of Oshkosh and extraterritorial
jurisdiction. Beyond this Chapter, these kinds of activities are subject to all City,
State, and Federal requirements.
(B) The use of land is generally addressed in Articles II and III. Development activities
including redevelopment and building and site renovations are regulated
throughout the ordinance rather than in any one section or article.
(C) Where questions of applicability arise, the interpretation of applicability falls under
the duties of the Director of Community Development, or designee.
Sections 30-11 to 30-19: Reserved
Section 30-20: Word Usage
The interpretation of this Chapter shall abide by the provisions and rules of this Section,
except where the context clearly requires otherwise, or where the result would clearly be
inconsistent with the apparent intent of this Chapter.
(A) Words used or defined in one tense or form shall include other tenses and derivative
forms.
(B) Words in the singular number shall include the plural number, and words in the
plural number shall include the single number.
(C) The masculine gender shall include the feminine, and vice versa.
(D) The words “shall,” “must,” and “will” are mandatory.
(E) The words “may,” “can,” and “might” are permissive.
(F) The word “person” includes individuals, firms, corporations, partnerships,
associations, trusts, and any other legal entity.
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(G) The word “City” shall mean the City of Oshkosh, Wisconsin.
(H) The word “county” shall mean the County of Winnebago, Wisconsin.
(I) The word “state” shall mean the State of Wisconsin.
(J) The words “Plan Commission” shall mean the City of Oshkosh Plan Commission.
(K) The word “Council” shall refer to the City of Oshkosh Common Council.
(L) The words “Board” or “Board of Appeals” shall refer to the City of Oshkosh Zoning
Board of Appeals.
(M) If there is any ambiguity between the text of this Chapter and any illustration or
figure, the text shall control.
Section 30-21: Abbreviations
The following abbreviations in this Chapter are intended to have the following meanings:
Abbreviation Meaning
ft Foot
N/A Not applicable
sq. ft. Square feet
Wis. Stats. Wisconsin Statutes
Section 30-22: Definitions
(A) The following words, terms and phrases, wherever they occur in this Chapter, shall
have the meanings ascribed to them by this Section. If a term used in Chapter is not
defined in this Section or elsewhere in this Chapter, the definition of said term will
be provided by the Director of Community Development, or designee, based on
professional sources available including the American Planning Association and
Urban Land Institute. For definitions of specific land uses, refer to Article III. For
definitions of specific sign types, refer to Article X. Definitions provided by this
Section include:
(1) Access: A means of providing vehicular or non-vehicular egress from or
ingress to a property, public right-of-way, or private roadway.
(2) Acre: 43,560 square feet.
(3) Accessory Dwelling Unit (ADU): A smaller, independent residential dwelling
unit located on the same lot as a stand-alone (i.e., detached) single-family
home. [Created 2.28.23]
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(4) Accessory structure, nonresidential: See Article III. A structure or
combination of structures that: (1) are located on the same lot, tract, or
development parcel as the primary nonresidential building; (2) are clearly
incidental to and customarily found in connection with a primary building or
use; and (3) are subordinate to and serving a primary building or use.
(5) Accessory structure, residential: See Article III. Structures accessory to a
residential use including but not limited to structures used to shelter parked
passenger vehicles (including garages and carports), structures used to store
residential maintenance equipment of the subject property, workshops,
kennels, boathouses, and pool houses. Residential accessory structures may be
attached or detached from the principal residential structure.
(6) Accessory structure, attached: An accessory structure which is physically
connected to the principal building or located less than 5 feet from the principal
building. Attached accessory structures shall be considered part of the
principal structure and are subject to the setback standards for principal
structures. [Revised 10.13.20]
(7) Accessory structure, detached: An accessory structure which is not physically
connected to the principal building and is located 5 feet or more from the
principal building. A minor attachment does not render an accessory structure
attached. Examples of minor attachments include, but are not limited to, decks
18 inches or less above grade, arbors and fences, and similar open unclosed
structures such as breezeways over the pedestrian pathway between structures
and no wider than 5 feet. [Revised 10.13.20]
(8) Accessory use: A use subordinate to the principal use of a building or lot and
serving a purpose customarily incidental to the principal land use. Accessory
uses in residential districts shall not involve the conduct of any business, trade,
or industry, except as defined as a Home Occupation and shall not include the
boarding of animals or the keeping of fowl or farm animals (except pets or as
otherwise permitted by the Municipal Code).
(9) Adaptive reuse: Adapting an existing building originally designed for an
institutional, quasi-public, public or other specific/special purpose to a new
use.
(10) Addition: Any construction that increases the size of a building or structure in
terms of site coverage, height, length, width, or gross floor area.
(11) Address: The number or other designation assigned by the Department of
Public Works to a housing unit, business establishment, or other structure or
site for purposes of mail delivery, emergency services, and so forth.
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(12) Accessory Dwelling Unit (ADU): A smaller, independent residential dwelling
unite located on the same lot as a stand-alone (i.e., detached) single family-
home. [Revised 2.14.23]
(13) Agent of owner: A person authorized in writing by the property owner to
represent and act for a property owner in contacts with City employees,
committees, commissions, and the Common Council, regarding matters
regulated by the Zoning Ordinance.
(14) Airport: Any area of land designated, set aside, used, or intended for use, for
the landing and take-off of aircraft, and any appurtenant areas designated, set
aside, used, or intended for use, for airport buildings or other airport facilities,
rights-of-way, or approach zones, together with all airport buildings and
facilities located thereon.
(15) Airport hazard: Any structure, object, or natural growth, or use of land which
obstructs the airspace required for the flight of aircraft in landing or taking off
at an airport or is otherwise hazardous to such landing and taking off.
(16) Alley: A minor public right-of-way/street or thoroughfare providing
secondary access to a property. Alley access does not constitute frontage for
the purposes of minimum lot frontage.
(17) Alteration: Any change, addition, or modification in construction (other than
repair/maintenance), or any change in the structural members of buildings
such as load-bearing walls, columns, beams, girders, etc.
(18) Animal unit: A measure which represents a common denominator for the
purpose of defining a Husbandry or Intensive Agricultural land use. The
animal unit measure relates to the maximum carrying capacity of one acre of
land and is related to the amount of feed various species consume, and the
amount of waste they produce. The following figure indicates the number of
common farm species which comprise a single animal unit:
Figure 30-22a: Animal Units
Type of
Livestock
# of Animals/
Animal Unit
Type of
Livestock
# of Animals/
Animal Unit
Type of
Livestock
# of Animals/
Animal Unit
Horse (>2 yrs) 1 Calves (<1 yr) 5 Lambs 14
Colt (<2 yrs) 2 Brood Sow or
Boar 2 Chickens –
Egg Layers 30
Cattle (>2 yrs) 1 Hogs (up to
220 lbs) 3 Chickens –
Fryers 60
Cattle (<2 yrs) 2 Sheep 10 Turkeys 50
Source: The Stockman’s Handbook
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(19) Appeal: A means for obtaining review of a decision, determination, order, or
failure to act pursuant to the terms of this Chapter as expressly authorized by
the provisions of Section 30-412.
(20) Automobile: Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys, or other public ways.
(21) Awning: A shielding or decorative fixture attached to a structure and
extending from the face of the structure that is permanent in nature, which may
be fixed or retractable.
(22) Balcony: A platform that is attached to and projects from the wall of a principal
building and is surrounded by a railing or balustrade. This definition is
different and separate from a porch, deck, fire escape, etc.
(23) Base standard modification: Changes to the regulations set forth in this
Chapter, which are permitted only with an approved Planned Development
meeting the requirements of Section 30-387.
(24) Basement: That portion of a building between the floor and ceiling, having at
least one-half of its height below grade.
(25) Berm: An earthen mound designed to provide visual interest on a site, screen
undesirable views, reduce noise, or fulfill other such purposes.
(26) Block: The property abutting the street between the two nearest intersecting or
intercepting streets. A railroad right-of-way, the boundary line of un-
subdivided acreage, or a body of water shall be regarded the same as an
intersecting or intercepting street for the purpose of defining a “block.”
(27) Boat: A vehicle designed for operation as a watercraft propelled by oars, sails,
or engine(s).
(28) Boathouse: A structure used for the storage of watercraft and associated
materials which has one or more walls or sides.
(29) Bufferyard: Any permitted combination of distance, vegetation, fencing, and
berming which results in a reduction of visual, noise and other interaction with
an adjoining property.
(30) Buildable area: The area remaining on a lot after the minimum setback,
drainage provisions, and other site constraint requirements of this ordinance
have been met.
(31) Buildable width: The width of the lot left to be built upon after the side yards
are provided.
(32) Buildable depth: The depth of the lot left to be built upon after the front and
rear yards are provided
(33) Building: A structure with a permanent location on the land, having a roof that
may provide shelter, support, protection, or enclosure of persons, animals, or
property of any kind.
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(34) Building coverage: The percentage of a lot covered by principal and accessory
buildings or structures.
(35) Building footprint: The outline of the total area covered by a building’s
perimeter at the ground level.
(36) Building height: The vertical distance from the established grade to (a) the
highest point of a flat roof; (b) the deck line of a mansard roof; or (c) the average
height between eaves and ridge for a gable, hip and gambrel roof.
(37) Building, principal: A building in which the main or principal use of the lot is
conducted.
(38) Building separation: The narrowest distance between two buildings (see
minimum building separation).
(39) Bulk: The combination of building height, size, and location on a lot.
(40) Caliper: A measurement of the size of a tree equal to the diameter of its trunk
measurement four foot above natural grade.
(41) Canopy: A structure or sign attached and extending from the face of a building,
constructed as a permanent fixture.
(42) Capacity: The maximum lawful level of designed use of any structure, or part
thereof, as determined by the City’s adopted building code and expressed in
terms of occupants, seats, persons, employees, or other units specified by the
building code.
(43) Club: Structures and facilities owned or operated by a corporation,
association, person, or persons, for a social, educational, or recreational
purpose, but not primarily for profit and not primarily to render a service
which is customarily carried on as a business.
(44) Comprehensive plan: The long-range master plan for the desirable use and
development of land in the City as officially adopted and as amended from
time to time by the Commission and certified to the Council.
(45) Conditional use: A use which may be appropriate or desirable in a specific
zone, but requires special approval because if not carefully located or designed,
may not be deemed compatible with neighborhood uses or may create special
problems.
(46) Condominium: An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with separate interest in space. A condominium may include, in
addition, separate interest in other portions of such property.
(47) Court: An open space within one lot which is surrounded by structures on
more than 50 percent of its perimeter.
(48) Covenant: A contract between two or more parties which constitutes a
restriction of a particular parcel of land.
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(49) Deck: An uncovered and open platform built above grade and attached to a
principal or accessory building, typically supported by pillars or posts. Decks
are considered to be part of a building or structure. Setbacks shall be measured
from the outermost portion of the deck.
(50) Density: A term used to describe the number of dwelling units per acre.
(51) Design standards: A guideline/specification or set of guidelines/specifications
regarding the architectural appearance of a building or improvement that
governs the alteration, construction, demolition, or relocation of a building or
improvement
(52) Developed area: That area which is made up of physical property
improvements including but not limited to structures, parking, drives, signage
and utility features.
(53) Development: The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation, or
enlargement of any buildings; the primary or principal use or change in
primary or principal use of any buildings or land; any extension of any use of
land; deposition of materials; or any clearing, grading, or other movement of
land, for which permission may be required pursuant to this Chapter.
(54) Dormer: A structural element of a house that protrudes from the plane of a
sloping roof surface. Dormers are used to create usable space in the roof of a
building by adding headroom and usually also by enabling addition of
windows.
(55) Driveway: A private roadway providing access to a public right-of-way.
(56) Dwelling: A building or one or more portions thereof, containing one or more
dwelling units, but not including habitations provided in nonresidential uses
such as lodging uses and commercial campgrounds.
(57) Dwelling, attached: A dwelling joined to another dwelling at one or more sides
by a shared wall or walls.
(58) Dwelling, detached: A dwelling entirely surrounded by open space on the
same lot.
(59) Dwelling unit: A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
(60) Easement: Written authorization, recorded in the Register of Deeds office, from
a landowner authorizing another party to use any designated part of the land
owner’s property for a specified purpose.
(61) Elevation (building): The view of any building or other structure from any one
of four sides regardless of the configuration or orientation of a building. Each
elevation will generally be identified as a north, south, east or west building
elevation. Also see “facade.”
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(62) Extraterritorial area: The area outside of the City limits in which the City of
Oshkosh may exercise extraterritorial powers of planning, land division,
and/or zoning review.
(63) Façade: The wall planes of a building which are visible from one side or
perspective (e.g. front, side, rear). See “elevation (building).”
(64) Family: A person living as an individual or any of the following groups living
together as a single nonprofit housekeeping unit and sharing common living,
sleeping, cooking and eating facilities:
(1) Any number of people related by blood, marriage, domestic partnership,
legal adoption, guardianship or other duly-authorized custodial
relationship;
(2) Two (2) unrelated adult individuals and the minor children of each. For
the purpose of this Section, “children” means natural children,
grandchildren, legally adopted children, stepchildren, foster children, or
a ward as determined in a legal guardianship proceeding;
(3) Three (3) unrelated adult individuals;
(4) Up to four (4) unrelated persons who have disabilities/are disabled or
handicapped under the Fair Housing Amendment Act (FHAA) or the
Americans with Disabilities Act (ADA), are living as a single household
because of their disability, and require assistance from a caregiver.
(i) This definition does not include those persons currently illegally
using or addicted to a “controlled substance” as defined in the
Controlled Substances Act, 21 U.S.C. Section 802 (6).
(5) Up to two (2) personal attendants who provide services for family
members or roomers who are disabled or handicapped under the Fair
Housing Amendment Act (FHAA) or the Americans with Disabilities Act
(ADA) and need assistance with the activities of daily living shall be
considered part of a family. Such services may include personal care,
housekeeping, meal preparation, laundry or companionship.
(6) Functional Family: A group of individuals living together in a single
dwelling unit and functioning as the equivalent of a family, whether or
not they are related by blood, marriage or other legal relationship. See
definition of “functional family.”
(7) Exceptions: The definition of “family” does not include:
(i) Any society, club, fraternity/sorority, association, lodge, combine,
commune, federation, or similar organization; and
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(ii) Any group of individuals whose association is temporary or
seasonal in nature
(65) Farm building: Any building, other than a dwelling unit, used for storing
agricultural equipment or farm produce or products, having livestock or
poultry, or processing dairy products.
(66) Functional family: A group of individuals living together in a single
dwelling unit and functioning as the equivalent of a family, whether or not
any of the individuals are related by blood, marriage or other legal
relationship. Groups of four (4) or more unrelated adult individuals shall
be rebuttably presumed not to be a functional family under this definition.
In determining whether or not a group of unrelated individuals is a
functional family under this definition, the Director of Community
Development or designee or other reviewing body shall consider the
following criteria.
(a) Factors to be considered in this determination include whether:
(i) A lease, sub-lease or other agreement define portions of the
dwelling unit granting limited access to portions of the
dwelling unit.
(ii) Members of the household have been living together as a
functional family unit for a period of one (1) year or more,
whether at the current address or other addresses.
(iii) Minor dependent children, if any, share the dwelling as their
principal residence and are enrolled in local schools.
(iv) Members of the household engage in group living activities
such as shopping, cooking, eating and socializing.Members of
the household consistently share household expenses or a
budget including expenses for food, rent or ownership costs,
utilities and other common household expenses.
(v) Members of the household have established a joint bank
account or other similar means to consistently provide for the
payment of common expenses.
(vi) Members of the household share common ownership of
vehicles, furniture, major appliances, and other significant
household resources.
(vii) Members of the household share the address for voter
registration, drivers licensing, vehicle registration, tax filing or
other similar purposes.
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(viii) Members of the household are employed in non-seasonal and
non-transient jobs in the local area.
(ix) Any other factors reasonably related to and serving as evidence
of the household members’ status as a functional family unit.
(b) Unless sufficiently rebutted by competent evidence, any of the
following factors shall indicate the absence of a functional family
relationship:
(i) A lease, sub-lease or other agreement which makes each
occupant jointly or severably liable for the performance of the
lease or agreement.
(ii) A lease, sub-lease or other agreement which holds a relative or
any other person who is not an occupant of the household to be
a guarantor of the lease or agreement.
(iii) A lease, sub-lease or other agreement which requires or
prohibits occupancy and/or payment for occupancy for a
period consistent with the semester schedule of local places of
higher education or upon a seasonal basis.
(iv) Interior doors have padlocks or keyed door entries limiting
tenants’ use and access to portions of the dwelling unit.
(v) A majority of members of the household attend any places of
higher education in at least a half-time basis.
(67) Fence: Any artificially constructed barrier erected to separate, enclose or
screen areas of land.
(68) Fence, picket: A type of fence constructed of evenly-spaced vertical boards
that are connected by two or more horizontal rails.
(69) Fence, solid: A fence, including solid entrance and exit gates, that is least
90 percent opaque and that effectively conceals the materials stored and
operations conducted behind it from view.
(70) Fence, wood rail: A type of fence constructed of wooden beams or timber
logs (usually split lengthwise into rails) that are arranged in a manner that
allows for more than 75 percent of the fence’s surface area to be open for
the free passage of light and air.
(71) Floor area: The sum of the gross horizontal areas of the floors of a building,
including interior balconies, mezzanines, basements, and attached
accessory buildings, stairs, escalators, unenclosed and enclosed porches,
heating and utility rooms, etc. Measurements shall be made from the
outside of the exterior walls and to the center of interior walls dividing
attached buildings.
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(72) Floor area ratio: The numerical value obtained by dividing the floor area of
a structure or structures by the lot area on which such structure(s) are
located.
(73) Foot-candle: A unit of illumination produced on a surface, all points of
which are 1 foot from a uniform point source of one candle.
(74) Frontage: See lot frontage.
(75) Garage: An attached or detached building or structure, or part thereof,
used or designed to be used for the parking and storage of vehicles.
Garages are also commonly used to store other items associated with the
use of a lot such as yard maintenance and children’s play equipment.
(76) Grade, existing: The surface elevation of the ground or pavement at a
stated location as it exists prior to disturbance in preparation for a project
regulated by the ordinance.
(77) Grade, finished: The final elevation of the ground surface after man-made
alteration, such as grading, grubbing, filling or excavating have been made
and is part of an approved grading and drainage plan by the City of
Oshkosh.
(78) Green area: An area landscaped with shrubs, trees, and other vegetative
groundcover.
(79) Gross density: The result of dividing the number of dwelling units located
on a site by the gross site area (see maximum gross density).
(80) Gross floor area: The total floor area inside the building envelope on all
levels of a building.
(81) Gross site area: The total area of a single lot or the sum of multiple lots in
common use.
(82) Group development: See Section 30-171. Any development located on one
lot and comprised of any single instance or any combination of the
following development types:
(a) 1 or more principal multi-family residential buildings with 24 or
more residential units on the same lot.
(b) 3 or more principal structures on the same lot, whether serving a
single use or more than one use.
(c) Any addition of principal buildings that increases the total number
of principal structures on the same lot to 3 or more.
(83) Historic building or site: Any building or site that meets one or more of
the following criteria: buildings or sites listed on the Wisconsin or National
Register of Historic Places, either individually or as a contributing building
or site to a historic district; buildings or sites with a State Historic
Preservation Officer Opinion or Certification that the property is eligible
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to be listed on the State Register or National Register of Historic Places,
either individually or as a contributing building or site to a historic district;
or is locally designated as a Local Landmark.
(84) Impervious surface: Surfaces that prohibit infiltration of stormwater.
Homes, buildings, and other structures with roofs, as well as concrete,
brick, stone, asphalt, gravel, and similar paved surfaces are considered
impervious.
(85) Impervious surface ratio: A measure of the intensity of land use,
determined by dividing the total of all impervious surfaces on a site by the
gross site area.
(86) Infill site: Any vacant lot or parcel within developed areas of the City,
where at least 80 percent of the land within a 300-foot radius of the site has
been developed; and where water, sewer, streets, schools, and fire
protection have already been developed and are provided. Annexed areas
located on the periphery of the City limits shall not be considered infill sites.
(87) Intensity: A term used to describe the amount of gross floor area or
landscaped area on a lot or site compared to the gross site area.
(88) Landscaped area: The area of a site which is planted and continually
maintained in vegetation, including grasses, flowers, herbs, garden plants,
native or introduced groundcovers, shrubs, bushes, and trees. The
landscaped area also includes the area located within planted and
continually maintained landscaped planters as well as subordinate
accessory use of other landscape elements such as mulch, river rock, etc.
(89) Landscape surface area ratio (LSR): The percentage of the gross site area or
lot area which is preserved as permanently protected green space or
landscaped area in relation to the percentage of gross site or lot area
included in development.
(90) Large development: See Section 30-171. Any new development containing
any single building in which the combined area of the building footprint
exceeds 50,000 square feet. Does not include new additions of less than
50,000 square feet, or basements and penthouses when used primarily for
storage and mechanical equipment.
(91) Loggia: A roofed arcade or gallery with open sides stretching along the
front or side of a building, often at an upper level.
(92) Lot: A parcel of land in one ownership and not divided by a street nor
including any land within the limits of a public right-of-way. The term “lot
of record " shall mean land designated as a distinct and separate parcel on
a legally recorded plat, subdivision, or other instrument permitted by law,
in the Register of Deeds office.
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(93) Lot area: The computed area contained within the lot lines of a recorded lot,
including land over which easements have been established.
(94) Lot, corner: A lot abutting upon two or more streets at their intersection or
upon two parts of the same street, such streets or parts of the same street
forming an interior angle of less than 135 degrees. The point of intersection
of the street lines or their greatest angle is the “corner.”
(95) Lot depth: The mean horizontal distance between the front and rear lot
lines.
(96) Lot frontage: The horizontal distance between the side lot lines measured
at the point where the side lot lines intersect the right-of-way. All sides of
a lot that abuts a street shall be considered lot frontage. On curvilinear
streets, the distance of the arc between the side lot lines shall be considered
the lot frontage.
(97) Lot, garage: A lot that does not contain a principal structure, which is
located directly across the street or alley from a lot containing a principal
residential structure. Typically, garage lots contain a garage or other
accessory structure and are under the same ownership as the lot containing
the principal residential structure. See Figure 30-22c.
(98) Lot, interior: A lot other than a corner lot.
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Figure 30-22b: Regular Lot Descriptions
(99) Lot line: A lot line is the legal property line (including the vertical plane
established by the line and the ground) bounding a lot except that where
any portion of a lot extends into the public right-of-way or a proposed
public right-of-way, the line of such public right-of-way shall be the lot line
for applying this Chapter.
(100) Lot line, front: A lot line which abuts a public or private street right-of-way.
In the case of a lot which has two of more street frontages, the lot line along
the street with the shortest frontage distance shall be the front lot line. (See
also lot line, street side). See Figure 30-22b.
(101) Lot line, rear: In the case of rectangular or most trapezoidal shaped lots,
that lot line which is parallel to and most distant from the front lot line of
the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20
feet in length, entirely within the lot, parallel to and at the maximum
possible distance from the front line shall be considered to be the rear lot
line. In the case of lots that have frontage on more than one road or street,
the rear lot line shall be opposite the front lot line (shorter of the frontages).
See Figure 30-22b.
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(102) Lot line, side: Any lot line other than a front or rear lot lines. A side lot line
separating a lot from a street is called a side street lot line. A side lot line
separating a lot from another lot is called an interior side lot line. See Figure
30-22b.
(103) Lot line, street side: Any lot line which abuts a public or private street right-
of-way which is not the front lot line (see also lot line, front). See Figure 30-
22b.
(104) Lot of record: A platted lot or lot described in a plat, certified survey map,
in a metes and bounds description, or other instrument permitted by law
and has been approved by the City of Oshkosh and/or by Winnebago
County, and has been recorded in the office of the Register of Deeds.
(105) Lot, through: A lot having
frontage on two parallel or
approximately parallel
streets (also known as a
“double-frontage lot”). See
Figure 30-22b.
(106) Lot, waterfront: A lot that
abuts the Fox River, Lake
Winnebago, or Lake Butte
des Morts. Waterfront lots
have a waterfront yard, a
street yard, and a side yard.
(107) Lot width: The maximum
horizontal distance between
the side lot lines of a lot,
measured parallel to the
front lot line(s) at the
required front yard setback
(see minimum lot width).
(108) Maintenance: An activity that restores the character, scope, size, or design
of a serviceable area, structure, or land use to its previously existing,
undamaged condition. Activities that change the character, size, or scope of
a project beyond the original design or otherwise alter a serviceable area,
structure, or land use are not included in this definition.
Figure 30-22c: Waterfront Lot Descriptions
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(109) Manufactured home: A one or two family home certified and labeled as a
manufactured home under 42 USC 5401-5426 which when placed on the
site is set on an enclosed foundation in accordance with §70.043(1) Wis.
Stats. and subchapters III, IV, and V of chapter COMM 21, Wis. Adm. Code,
or a comparable foundation as approved by the local building services
supervisor, is installed according to manufacturer’s instructions, is
properly connected to utilities, has asphalt shingles and a gable or hip roof,
has insulated glass windows, has vinyl, aluminum or other quality siding,
and is a minimum of 22 feet wide.
(110) Maximum building size (MBS): The largest permitted total gross floor area
a building may contain (see building size).
(111) Maximum gross density: The maximum number of dwelling units
permitted per acre of Gross Site Area (see gross density).
(112) Minimum building separation: The narrowest permitted building
separation.
(113) Minimum landscape surface ratio: The lowest permitted landscape surface
ratio (see landscape surface ratio).
(114) Minimum lot area: The minimum size lot permitted within the specified
zoning district.
(115) Minimum lot width: The smallest permissible lot width for the applicable
zoning district.
(116) Minimum setback: The narrowest distance permitted from a street, side, or
rear property line to a structure.
(117) Mixed use: Some combination of residential, commercial, industrial, office,
institutional, and/or other land uses within a district or development.
(118) Mobile home: A type of single family dwelling unit suitable for year-round
occupancy designed to be towed as a single unit or in sections, with or
without a permanent foundation, with walls of rigid, un-collapsible
construction, and with water supply, sewage disposal, and electrical
convenience. A Mobile Home includes both a “mobile home” and a
“manufactured home” as defined by Wisconsin Statutes. A Mobile Home
does not include a “modular home” as defined by this Chapter. Any similar
dwelling unit which has its own motor or remains on wheels shall be
considered a recreational vehicle.
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(119) Modular home: A dwelling unit meeting the Uniform Building Code that
is transported to the building site in sections, does not have a permanent
chassis, and is permanently mounted on a permanent foundation. A
modular home is regulated as a single family dwelling unit under Section
30-75(A).
(120) Multi-family residential: A building or structure designed for three or
more separate dwelling units in which one dwelling unit may have a roof,
wall, or floor in common with another dwelling unit.
(121) Navigable water: All natural inland lakes, rivers, streams, ponds, sloughs,
flowages, and other waters within the territorial limits of Wisconsin,
including the Wisconsin portion of boundary waters. All bodies of water
with a bed differentiated from adjacent uplands and with levels of flow
sufficient to support navigation by a recreational craft of the shallowest
draft on an annually recurring basis. For the purposes of this Chapter, rivers
and streams will be presumed to be navigable if they are designated as
either continuous or intermittent waterways on the United States
Geological Survey quadrangle maps until such time that the Wisconsin
Department of Natural Resources has made a determination that the
waterway is not, in fact, navigable.
(122) Net developable area: The area of a site which may be disturbed by
development activity. Net developable area is the result of subtracting
undevelopable area from the gross site area.
(123) Nonconforming building or structure: Any building or other structure
which was lawfully existing under ordinances or regulations preceding this
Chapter, but which would not conform to this Chapter if the building or
structure were to be erected under the provisions of this Chapter.
(124) Nonconforming development: A lawful development approved under
ordinances or regulations preceding the effective date of this Chapter, but
which would not conform to this Chapter if the development were to be
created under the current provisions of this Chapter.
(125) Nonconforming lot: A nonconforming or substandard lot is a lot legally
established prior to the effective date of this Chapter or subsequent
applicable amendments thereto which would not be permitted under the
current terms of this Chapter.
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(126) Nonconforming structure: A structure legally established prior to the
effective date of this Chapter or subsequent applicable amendments thereto
which would not be permitted under the current terms of this Chapter.
Parking, loading, access drives, and other paved areas are included in the
definition of structure.
(127) Nonconforming use: An active and actual use of land, buildings, or
structures, which was lawfully existing prior to the enactment of this
Chapter or amendments thereto, which has continued as the same or less
intensive use to the present, and which, does not comply with the
applicable regulations of this Chapter.
(128) Nonresidential use: The individual uses including but not limited to
“Agricultural Land Uses,” “Institutional Land Uses,” “Commercial Land
Uses,” “Industrial Land Uses,” “Storage Land Uses,” “Transportation Land
Uses,” “Extraction and Disposal Land Uses,” and “Energy Production Land
Uses” as listed in Article III.
(129) Occupancy: The use of land, buildings or structures. The residing of an
individual or individuals overnight in a dwelling unit or the installation,
storage, or use of equipment, merchandise, or machinery in any
nonresidential structure. Change of occupancy is not intended to include
change of tenants or proprietors.
(130) Occupancy, change of: A discontinuance of an existing use and the
substitution therefor of a use of a different kind or class. Change of
occupancy is not intended to include a change of tenants or proprietors
unless accompanied by a change in the type of use.
(131) Official map: The map adopted pursuant to Section 62.23 of the Wisconsin
Statutes which shows existing and proposed streets, highways, parkways,
parks and playgrounds, school sites, etc.
(132) Opacity: The degree to which vision is blocked by bufferyard. Opacity is
the proportion of a bufferyard’s vertical plane which obstructs views into
an adjoining property, i.e. the screening effectiveness of a bufferyard or
fence expressed as the percentage of vision that the screen blocks.
(133) Open space: Any area not covered by a structure.
(134) Ordinary high water mark: A mark delineating the highest water level
which has been maintained for a sufficient period of time to leave evidence
upon the landscape. The ordinary high water mark is commonly that point
where natural vegetation changes from predominately aquatic to
predominately terrestrial. In areas where the ordinary high water mark is
not evident, setbacks shall be measured from the stream bank of the
following water bodies that have permanent flow or open water: the main
channel, adjoining side channels, back waters, and sloughs.
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(135) Outdoor wood furnace: An outdoor accessory structure designed to heat
water through a wood fire and then transmit that heated water to the
principal building for direct use and/or heating the principal building.
(136) Overlay zoning district: A zoning district which imposes uniform
restrictions on all properties within its area which are in addition to the
restrictions specific to the underlying or base zoning districts.
(137) Owner: The person, persons, or entity having the right of legal title to a lot
or parcel of land.
(138) Parapet: The extension of a false front or wall above the roofline.
(139) Parcel: Any area of land (lot or contiguous group of lots) in the City under
single ownership as shown on the last assessor’s roll of the county or the
records of the City, whichever is the most recent.
(140) Parking Space, Designated: An area of a parking lot, or drive which has
been designated for parking on a site plan and is located on a paved surface
per the requirements of Section 30-175. On single family and two family
lots, parts of the driveway, open spaces and the spaces within a garage may
be used as designated parking spaces.
(141) Patio: An open, level-surfaced area which is typically impervious has an
elevation of no more than 12 inches, and without walls or a roof, intended
for outdoor seating and recreation.
(142) Performance standard: Criterion established to control and limit the
impacts generated by, or inherent in, uses of land or buildings.
(143) Permanently protected green space: Permanently protected green space
areas that are protected from development such as wetlands, floodplains,
drainage ways, steep slopes, lakeshores, certain woodlands, native or
restored habitat, and stormwater facilities.
(144) Pervious surface: A surface which allows for precipitation from any source
to infiltrate directly into the ground.
(145) Place of worship: A structure, together with its accessory structures and
uses, where persons regularly assemble for religious worship and is
maintained and controlled by an organized religious body organized to
sustain public worship, which is exempt from federal income tax as
regulated by the Internal Revenue Service Code.
(146) Plat: A map or drawing which graphically delineates the boundary of land
lots/parcels for the purpose of identification and record title.
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(147) Pole building: A typically metal-clad structure most often utilizing wooden
poles and trusses for support with unfinished, uninsulated interiors. Such
structures are normally used for agricultural purposes, for construction
trade storage, or for general storage, and are not intended for human
occupancy.
(148) Porch: A covered platform at an entrance to a dwelling, which is not heated
or cooled or used for livable space, that is attached to the outside of a
building. The post of the porch is considered the wall for setback purposes.
(149) Principal structure: The building containing the principal use, including
the foundation, basement, and attic. When calculating area, attached
residential accessory structures such as attached garages, attached garden
sheds, and attached pool houses are not considered part of the principal
structure.
(150) Principal use: The main use to which a parcel is devoted and the main
purpose for which the premises exists.
(151) Public improvement: Any improvement, facility, or service, together with
customary improvements and appurtenances thereto, necessary to provide
for public needs, such as: streets, roads, alleys, or pedestrian walks or paths;
storm sewers; flood control improvements; water supply and distribution
facilities; sanitary sewage disposal and treatment; and public utility and
energy services.
(152) Recreational equipment: Equipment used by residents of a principal
building on-premise including but not limited to swimming pools, swings,
slides, climbers, teeter-totters, play-forts, sandboxes, supports for
basketball baskets and backboards, badminton nets and similar equipment,
but not including recreational vehicles normally utilized off-premise,
including but not limited to boats, trailers, campers, travel trailers and
snowmobiles.
(153) Recreational vehicle: A term encompassing any type of vehicle used
primarily for recreational pleasure. Examples include but not limited to
travel trailers, motor homes, boats, all-terrain vehicles, snowmobiles, etc.
Recreational vehicles shall include any mobile structure designed for
temporary occupancy, but shall exclude manufactured homes.
(154) Regional flood: A flood determined by the Wisconsin Department of
Natural Resources which is representative of large floods known to have
occurred generally in Wisconsin and reasonably characteristic of what can
be expected to occur on a particular stream. The regional flood generally
has an average frequency in the order of the 100-year recurrence interval
flood determined from an analysis of floods on a particular stream and
other streams in the same general region.
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(155) Residential use: The individual uses listed under “Dwelling Unit Type” in
Section 30-75.
(156) Riverwalk: A publicly-owned or privately-owned way, generally open to
the sky and unobstructed by buildings, that runs along the river edge and
is open to the public. It may include, without limitation, any combination
of open space, paved areas, landscaped areas, pedestrian paths, and
pedestrian furnishings.
(157) Roommate living arrangement: A residential land use in which a dwelling
unit is shared by four or five adults who are not members of the same
family.
(158) Rummage sale: See “Garage or Estate Sale” in Article III.
(159) Scale (of development): A term used to describe the gross floor area,
height, or volume of a single structure or group of structures.
(160) Setback: The shortest distance between the exterior of a building or
structure and the nearest point on the referenced lot line, excluding
permitted projections per Section 30-114.
(161) Sign: See Section 30-271(A).
(162) Sign band: A horizontal area on the façade of a building located between
the transom and the cornice, which is typically opaque and provides a
location for signage indicating the name of the establishment.
(163) Sill: A horizontal, lower member or bottom of a door or window casing.
(164) Single family dwelling unit: A dwelling unit type that consists of a fully
detached single family residence which is located on an individual lot.
Single family dwelling units are designed for one family (Family
Residential) and have no roof, wall, or floor in common with any other
dwelling unit. A single family dwelling that contains an in-family suite is
still considered a single family dwelling.
(165) Single family living arrangement: Occupancy of a dwelling unit by no
more than 1 family.
(166) Site area: See gross site area.
(167) Site plan: See Section 30-385.
(168) Slope: An incline from the horizontal expressed in an arithmetic ratio of
horizontal magnitude to vertical magnitude. (Example: 3:1 slope is 3 feet
horizontal and 1 foot vertical).
(169) Start of construction: The date the building permit is issued, provided the
actual start of activity was within 365 calendar days of the permit date. The
actual start of activity means the first placement of permanent construction
on the site. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of public
streets and/or walkways; nor does it include excavation for basement,
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footings, piers, or foundations; nor does it include the erection of temporary
forms.
(170) Steep slope: Steep slopes are areas which contain a ratio of horizontal
magnitude to vertical magnitude of 8:1 (gradient of 12 percent or greater).
(171) Street terrace: The space between the sidewalk and the curb, or the
equivalent space where sidewalk or curb are not installed.
(172) Story: That portion of a building, other than a basement, that is between the
surface of any floor and the surface of the next floor above it or, if there is
not a floor above, then the space between such floor and the ceiling next
above it.
(173) Street: A right-of-way for vehicular and pedestrian traffic, whether
designated as a street, highway, thoroughfare, parkway, throughway, road,
avenue, boulevard, lane, place, or however otherwise designated and
includes all of the area between the roadway or right-of-way lines.
(174) Substandard lot: A lot of record which lawfully existed prior to this
Chapter, which would not conform to the applicable regulations if the lot
were to be created under the current provisions of this Chapter.
(175) Structure: Anything constructed or erected, the use of which requires a
more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excluding landscape features,
fences, public utilities, and other minor site improvements.
(176) Temporary use: A land use which is present on a property for a limited and
specified period of time. See Section 30-87.
(177) Transitional Residential Housing: A premises other than community
living arrangement or community based residential facility providing
housing and appropriate supportive services for the temporary placement
of persons on parole, extended supervision, or probation in a controlled
environment, including supervision or monitoring to help participants
transition to self-sufficient living arrangements. The housing is short-term,
typically less than 24 months. A Transitional Residential Housing premises
with more than 6 persons shall be considered and subject to the
requirements of an Institutional Residential Use as defined under this Code.
(178) Transom: A horizontal bar of stone, wood or glass across the opening of a
door or window.
(179) Two family residential: A building designed for two separate dwelling
units in which one dwelling unit may have a roof, wall, or floor in common
with another dwelling unit. For the purposes of this Chapter, Duplex, Twin
House, and Two Flat dwellings are considered to be two family residential.
A single family dwelling with an attached accessory dwelling unit is not a
two family dwelling.
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(180) Unnecessary hardship: The circumstance where special conditions
affecting a particular property, which were not self-created, have made
strict conformity with restrictions governing areas, setbacks, frontage,
height, or density unnecessarily burdensome or unreasonable in light of the
purposes of the ordinance.
(181) Use: The purpose for which land or a building or structure is arranged,
designed, or intended, or for which it is, or may be, occupied or maintained.
(182) Variance: A relaxation of the terms of this Chapter where such variance will
not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the applicant, a
literal enforcement of the Chapter would result in unnecessary and undue
hardship.
(183) Vision triangle: See Section 30-174(D).
(184) Waterfront setback: The shortest distance between the exterior of a
building or structure and the nearest point on the Ordinary High Water
Mark, excluding permitted projections per Section 30-114.
(185) Wetland: An area that is saturated by surface water or groundwater, with
vegetation adapted for life under those soil conditions. See also Section
23.32(1), Wis. Stats.
(186) Wharf: Any structure in navigable waters extending along the shore and
generally connected with the uplands throughout its length, built or
maintained for the purpose of providing a berth for watercraft or for
loading or unloading cargo or passengers onto or from watercraft. Such a
structure may include a boat hoist or boat lift, and the hoist or lift may be
permanent or may be removed seasonally.
(187) Woodland: Areas of trees whose combined canopies cover a minimum of
80 percent of an area of one acre or more, as shown on USGS 7.5 minute
topographic maps for the City of Oshkosh and its environs.
(188) Yard: An open space, other than a court, on a lot unoccupied and
unobstructed from the ground upward except as otherwise provided in this
Chapter.
(189) Yard, front: A yard extending across the full width of the lot, the depth of
which is the minimum horizontal distance between the front lot line and a
line parallel thereto on the lot.
(190) Yard, rear: A yard extending across the full width of the lot, the depth of
which is the minimum distance between the rear lot line and a line parallel
thereto on the lot.
(191) Yard, side: A yard extending from the front yard to the rear yard, the width
of which is the minimum horizontal distance between the side lot line and
a line parallel thereto on the lot.
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(192) Yard, street side: For corner lots, the yard between the front and rear lot
lines, extending from the street side lot line to the nearest part of the nearest
building or structure.
(193) Yard, waterfront: A yard on a waterfront lot extending across the full width
of the lot, the depth of which is the minimum distance between the Fox
River, Lake Winnebago, or Lake Butte des Morts and a line parallel thereto
on the lot.
(194) Zoning map, official: The map adopted and designated by the City as
being the “Official Zoning Map.”
Sections 30-23 to 30-29: Reserved
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