HomeMy WebLinkAboutChapter 30 - Article IV - Bulk RegulationsCity of Oshkosh Zoning Ordinance Municipal Code
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ARTICLE IV: BULK REGULATIONS
Section 30-110: Purpose
This Article regulates the location and bulk of buildings in both residential and
nonresidential developments in order to protect and enhance the desired community
character of the City of Oshkosh. The provisions of this Article interact closely with the
density and intensity provisions described in Article II. Any nonconforming situation
(lot, use, structure, and/or site) shall adhere to the provisions of Article V.
Section 30-111: Bulk Standards
(A) All structures shall comply with the requirements listed for each zoning district in
Article II.
(B) All lots shall abut upon a public street. Refer to additional standards for lots and
blocks in Article XVII: Subdivision.
(C) Where the Wittman Regional Airport Height Limitation Map – Winnebago County,
Wisconsin, requires heights less than the maximum height permitted by this
Chapter, the lesser height requirement shall apply. Exceptions to this requirement
shall be administered by Winnebago County.
(D) On lots fronting two nonintersecting streets, a front yard must be provided on both
streets.
(E) On lots fronting three or more streets, on sharply curved streets, or lots where Figure
30-22b (in Article I) does not apply, the determination of the yards and appropriate
setbacks shall be made by the Director of Community Development, or designee.
Section 30-112: Exceptions to Maximum Height Regulations
The maximum height regulations listed for residential and nonresidential uses and
accessory structures in each zoning district in Article II are the maximum permitted
heights for all buildings and structures, except those exempted by this Section.
(A) The following are permitted to exceed the maximum height regulations within any
district where permitted: church spires; belfries; cupolas; penthouses and domes
(not used for human occupancy); public monuments; stage towers or scenery lofts;
water towers; fire and hose towers; tanks; utility poles; flag poles; chimneys; cooling
towers; exhaust pipes; ventilators; skylights; telecommunications towers and
antennas; satellite dishes; elevator bulkheads, grain elevators, feed mills, grain and
seed mixing bins, concrete mixing bins, and other necessary mechanical
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appurtenances usually carried above roof level; and similar features. The provisions
of this Chapter shall not apply to prevent the erection above the building height
limit of a parapet wall or cornice for ornament (and without windows) extending
above such height limit not more than 5 feet. Such features, however, shall be erected
only to such height as is necessary to accomplish the purpose they are to serve and
subject to the Wisconsin state building code, except as prohibited by the Wittman
Regional Airport Height Limitation Map – Winnebago County, Wisconsin.
Section 30-113: Yard Setback Adjustments
(A) Lot size and minimum yard dimensions. No lot, yard, court, parking area, or other
space shall be reduced in area or dimension so as to make the area or dimension less
than the minimum required by this Chapter. If an existing yard is less than the
minimum required, it shall not be reduced further, except where exempted by the
provisions of this Section.
(B) Front Yard Setback Adjustments.
(1) Decrease of Front Yard Setback.
(a) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH-
9, NMU, SMU, and UMU districts, a front yard setback may be reduced
to the mean of the setbacks of the immediately adjoining lots that are on
both sides of the subject lot. The following rules apply in calculating the
mean setback (see Figure 30-113):
(i) Only the front yard setbacks on 5 or fewer adjoining lots, which are
contiguous to each other in either direction of the subject lot and
which are on the same side of the street as each other on the same
block, may be used.
(ii) Where a lot is vacant, the minimum front yard setback of the
zoning district for the proposed use will be applied to the vacant
lot and factored into the averaging calculation.
(iii) Outliers, defined as yards with a setback that is equal to or greater
than twice that of the next largest setback among the adjoining lots
and thus which do not fit the established pattern of front yard
setbacks, shall be excluded in calculating the mean front yard
setback, as determined by the Director of Community
Development, or designee.
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(iv) In residential districts, the minimum front yard and street side
yard setback on any lot shall be at least 10 feet. The minimum
setback for an attached or detached accessory building facing the
front yard or street side yard shall be at least 20 feet.
(2) Increase of Front Yard Setback.
(a) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH-
9, NMU, SMU, and UMU districts, blocks with mean front yard setback
more than 5 feet over the minimum required front yard setback shall be
increased to the mean of the adjoining same type of principal structures
on said block or street. This regulation is intended to preserve and
maintain the character of established neighborhoods that are typified by
front yard setbacks substantially in excess of the minimum required
front yard setback.
(b) Outliers, defined as yards with a setback that is equal to or less than half
that of the next smallest setback among the adjoining lots and thus
which do not fit the established pattern of front yard setbacks, shall be
excluded in calculating the mean front yard setback, as determined by
the Director of Community Development, or designee.
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Figure 30-113: Front Yard Averaging Example
(C) Street Side Yard Setback Adjustments (for Corner Lots). On corner lots in the SR-2,
SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH-9, NMU, SMU, and UMU
districts, the street side yard setback may be reduced to 10 feet, as may be necessary
to attain at 30-foot buildable width. The required interior side yard setback must be
maintained.
(D) Side Yard Setback Adjustments.
(1) Side Yard Adjustments for Bufferyards. In instances where the required
bufferyard width (per Article IX) exceeds the minimum required side setback
width, the minimum required bufferyard width shall prevail. Absolutely no
intrusions of a building or structure are permitted within the required
bufferyard, with the exception of utility boxes/cabinets and other minor
accessory structures exempt from the setback requirements of this Chapter.
(2) Side Yard Adjustments for Small Lots. On lots under separate ownership on
the effective date of this Chapter and less than 50 feet in width, the side yard
may be reduced to 10 percent of the lot width but not less than 3 feet.
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(E) Rear Yard Setback Adjustments.
(1) Rear Yard Adjustments for Bufferyards. In instances where the required
bufferyard width (per Article IX) exceeds the minimum required rear
setback width, the minimum required bufferyard width shall prevail.
Absolutely no intrusions of a building or structure are permitted within the
required bufferyard, with the exception of utility boxes/cabinets and other
minor accessory structures exempt from the setback requirements of this
Chapter
(2) Rear Yard Adjustments for Small Lots. On lots under separate ownership on
the effective date of this Chapter and less than 100 feet in depth, the rear yard
may be reduced to 20 percent of the lot depth.
Section 30-114: Projections into Required Yards
The minimum setback requirements of each zoning district establish the minimum
required yards for all uses, except those exempted by the provisions of this Section.
(A) With the exception of fences, accessory landscape features, and the permitted
projections described in this Section, no principal or accessory structures shall be
permitted within any portion of a front or street side yard, except in the case of
waterfront lots.
(B) Permitted Projections into All Required Yards.
(1) For residential buildings, the ordinary projection of sills, belt courses, cornices,
gutters, eaves, overhangs, ornamental features, pilasters, lintels, bay windows,
chimneys, and flues, provided they do not extend more than 2 feet into the
required yards.
(2) Flag poles, sidewalks located at least 3 feet from a vehicle parking/circulation
area, landscaping (including lawn and vegetation), posts, or other similar
amenities when accessory to a residential use.
(3) Additions (including vertical additions, additional floors, and architectural
features), balconies, terraces, covered porches, or similar appurtenances not
extending beyond the setback of the existing façade, may be located in the
provided or required yard setback, whichever more permissive. If the addition
is a front-loaded garage or front-loaded garage addition, the minimum setback
when facing the front yard or street side yard shall be at least 20 feet. In no
instance shall any new encroachment be within 5 feet of an adjacent structure
or 3 feet of a property line. See Figure 30-114.
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(4) Fences meeting the requirements of Section 30-192.
Figure 30-114: Permitted Addition in Required Yards
Note: Building additions must meet the design standards of Article VIII.
(5) Handicap Accessible Ramps.
(a) Handicap ramps or other devices required to make reasonable
accommodation under the Fair Housing Act or the Americans with
Disabilities Act are to be permitted in any required setbacks, provided
that the maximum encroachment into a required setback is the minimum
dimension required by the Wisconsin Commercial Building Code or
Wisconsin Uniform Dwelling Code for accessible ramps and that no other
location is feasible outside the required setbacks. Only temporary and
removable ramps shall be permitted to encroach into the required
setbacks.
(b) Handicap Ramp Permit. Handicap ramps proposed for placement within
required setback areas shall secure a handicap ramp permit from the
Director of Community Development, or designee, prior to construction.
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An application for a permit shall include a written statement explaining
the reasons for the placement of the handicap ramp. The Director of
Community Development, or designee, may also require a statement
from a physician verifying the need for a handicap ramp.
(c) Aesthetic Treatments. Handicap ramps must have dense landscaping or
skirting covering the lower open portion of the ramp, shall be kept in
good repair, and shall include landscape treatments buffering the
handicap ramp from adjacent properties.
(d) Handicap Ramp Removal. When a handicap ramp is placed within the
required setback, the Director of Community Development, or designee,
may periodically require verification of the continual need for the
handicap ramp. When it has been determined the handicap ramp is no
longer needed, the Director of Community Development, or designee,
may order its immediate removal.
(6) Any other provisions identified elsewhere in this Chapter (landscape features,
tents, and other features where specific setbacks are established).
(C) Permitted Projections into Required Front Yards.
(1) All of the permitted projections listed under Subsection (B) above.
(2) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, and NMU zoning districts, the
minimum front setback requirement may be reduced by up to 10 feet in order
to accommodate open porches (i.e. covered and unenclosed) on single family
and two family dwelling units.
(3) Uncovered entry platforms and steps necessary to comply with current ingress
and egress regulations provided they do not extend more than 4 feet into the
front yard setback and are no more than 6 feet wide. Steps from the platform
may extend into the front setback area for the distance needed to meet
minimum building code requirements for risers and treads. Replacement steps
for porches may be as wide as the steps being replaced and may extend into
the front setback area for the distance needed to meet minimum building code
requirements for risers and treads. These exceptions apply only to residential
districts.
(4) Yard lights and ornamental lights for residential lots, provided that they
comply with the illumination requirements of Section 30-190 and provided
they do not locate closer than 5 feet from the front or street side property line.
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(5) Basketball backboard structures, provided that a minimum setback of 15 feet
is maintained from the front lot line and the minimum driveway setback for
the applicable land use (per Section 30-172) is maintained for all other lot lines.
(D) Permitted Projections into Required Street Side Yards (for Corner Lots).
(1) All of the permitted projections listed under Subsection (B) above.
(2) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, and NMU zoning districts, the
minimum street side setback requirement may be reduced by up to 10 feet in
order to accommodate open porches (i.e. covered and unenclosed) on
residential buildings.
(3) Yard lights and ornamental lights for residential lots, provided that they
comply with the illumination requirements of Section 30-190 and provided
they do not locate closer than 5 feet from the front or street side property line.
(E) Permitted Projections into Required Interior Side Yards.
(1) Open fire escapes, fireproof outside stairways, egress windows and balconies
opening upon fire towers may project into a side yard not more than 3 ½ feet
when so placed as not to obstruct light and ventilation. [Revised 6/11/19]
(2) Uncovered entry platforms and steps necessary to comply with current ingress
and egress regulations provided they do not extend more than 4 feet into the
interior side yard setback and are no more than 6 feet wide. Steps from the
platform may extend into the front setback area for the distance needed to meet
minimum building code requirements for risers and treads. Replacement steps
for porches may be as wide as the steps being replaced and may extend into
the front setback area for the distance needed to meet minimum building code
requirements for risers and treads. These exceptions apply only to residential
districts.
(3) Uncovered patios and decks on single family and two family dwelling units
not to exceed 12 inches above the established grade, and shall not be nearer
than 3 feet from the adjacent side lot line.
(F) Permitted Projections into Required Rear Yards.
(1) Attached terraces, uncovered porches, patios, decks, steps, stoops, or similar
appurtenances to single family and two family residential buildings which do
not extend more than 12 inches above the established grade, provided they do
not locate closer than 20 feet to the rear lot line.
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(2) Recreational equipment accessory to a residential use, provided a 5-foot
setback is maintained for all lot lines.
(3) Open fire escapes, fireproof outside stairways, and balconies opening upon fire
towers may project into a rear yard not more than 3 ½ feet when so placed as
not to obstruct light and ventilation.
(G) Permitted Projections in the Lakefront Residential Overlay District (LR-O): Refer to
Section 30-157.
(H) Permitted Projections in the Planned Development Overlay District (PD-O): Per
approved Specific Implementation Plan.
(I) Permitted Projections in the Campus Overlay District (C-O): Per approved Campus
Master Plan.
Sections 30-115 to 30-129: Reserved
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