HomeMy WebLinkAboutChapter 30 - Article VI - Overlay Zoning DistrictsCity of Oshkosh Zoning Ordinance Municipal Code
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Article VI: Overlay Zoning Districts
Section 30-150: Purpose
The purpose of this Article is to establish overlay zoning districts wherein certain
additional requirements are superimposed on the underlying standard zoning districts
set forth in Article II of this Chapter. Each overlay district is intended to address a special
land use circumstance beyond those addressed by the underlying zoning district. Special
requirements include protections against natural hazards, protections of valued natural
and cultural resources, special design guidelines, and measures to ensure compatibility
with airport flight operations. Any nonconforming situation (lot, use, structure, and/or
site) shall adhere to the provisions of Article V.
Section 30-151: How to Use This Article
A given property may lie within one or more overlay zoning district based on its
geographic location. The provisions of this Article are intended to be consulted before
issuance of any building permit, site plan approval, conditional use permit, zoning
permit, zoning change, or land division to ensure the intended use meets all of the
requirements of any applicable overlay district, in addition to the underlying standard
zoning district. For each overlay district established in this Article, a definition of the
resource or geographic area is provided, followed by the specific purposes of the
protective regulations governing the resource or geographic location, the method of
delineating the boundaries of the overlay district, and the development regulations.
Section 30-152: Overlay Zoning Districts
For the purpose of this Chapter, the following overlay zoning districts are hereby
established.
AP-O Airport Overlay
C-O Campus Overlay
FP-O Floodplain Overlay
LR-O Lakefront Residential Overlay
PD-O Planned Development Overlay
RF-O Riverfront Overlay
SL-O Shoreland Overlay
TND-O Traditional Neighborhood Design Overlay
NTD-O Neo-Traditional Development Overlay
UT-O University Transition Overlay
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Section 30-153: Map of Overlay Zoning Districts
Except where otherwise indicated in this Article, the overlay zoning districts are
represented on the Official Zoning Map, adopted and from time to time amended by the
City of Oshkosh.
Section 30-154: (AP-O) Airport Overlay Zoning District
The terms, provisions, and regulations pertaining to the uses of land and the height and
bulk of obstructions to aerial navigation contained in the Winnebago County Airport
Zoning Ordinance adopted by the Winnebago County Board of Supervisors, and any
additions, deletions and modifications thereto, apply to property within the City of
Oshkosh.
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Section 30-155: (C-O) Campus Overlay Zoning District
(A) Intent. The purpose of this overlay district is to recognize the presence and
importance of large-scale governmental, office, educational, medical, and research
and development facilities in the City, to facilitate their development, and to
coordinate their futures with those of their neighbors and the community as a
whole. This district is also intended to:
(1) Permit appropriate campus growth, while minimizing adverse impacts
associated with modifications, infill development, and/or expansion.
(2) Recognize the sharing of parking, green space, and other efficiencies that come
with integrated campus planning and development.
(3) Balance the ability of a campus to evolve and the public benefits associated
with such development with the need to protect the livability and vitality of
nearby properties and neighborhoods.
(4) Encourage the preparation of Campus Master Plans that establish full
conforming zoning status, facilitate predictable campus development, and
enable nearby property owners, residents and the community to understand
short-term development proposals, impacts and mitigation strategies within
the context of long-term development possibilities.
(B) Ownership. An area of land proposed to be developed with Campus zoning shall
be under the control of a single owner, partnership, corporation, or other
cooperating property owners, where each owner agrees in advance to be bound by
the conditions and regulations which will be effective within the district and to
record such covenants, easements, and other provisions with the county.
(C) Interim Campus Zoning. The following shall apply to properties zoned Campus
prior to the adoption of a Campus Master Plan.
(1) All existing land uses, structures, paved areas, and lots are legal and
conforming, consistent with Article V.
(2) For each Campus zoning district, the regulations of the Institutional zoning
district shall serve unless and until the Campus Master Plan is approved by the
City.
(D) Land Use Regulations. The following shall apply to properties with Campus zoning
following the adoption of a campus master plan:
(1) All land uses and development (including but not limited to buildings,
structures, paved areas, fixtures, landscaping, and signage) existing as of the
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date of Campus Master Plan approval which are depicted on the approved
Campus Existing Conditions Graphic and/or listed on the approved Campus
Existing Development Inventory, shall be considered as fully legal, conforming
land uses and development, unless explicitly identified by the City within the
Campus Master Plan approval documentation as having a legal
nonconforming or nonconforming status.
(2) Proposed land uses, buildings, paving, and other development which are
located within the Campus district, and which are consistent with the
approved Campus Plan Graphic and Campus Plan Development Inventory,
shall be considered, reviewed and approved prior to the time of their
development, per Section 30-388. Such uses shall be permitted by right, subject
to site plan approval by the City.
(3) Specific land uses and development within the Campus district which are
inconsistent with an approved Campus Plan Graphic and Campus Plan
Development Inventory shall be reviewed as conditional uses. See Section 30-
388(D) for expired Campus Master Plans.
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(a) If a proposed conditional use permit (alone or in combination with
previously approved conditional use permits enacted since the adoption
of the Campus Master Plan) would cause significant changes to the
original Campus Master Plan as adopted, a new or updated CMP may be
required at the discretion of the Director of Community Development, or
designee.
(4) A Planned Development may be proposed, considered and approved within
any portion of the area of an approved Campus Master Plan, and if approved,
shall supersede explicitly approved provisions of the Campus Master Plan and
the Zoning Ordinance, for the area included within the boundaries of the
Planned Development.
(E) See Section 30-388 for the process to establish Campus zoning.
(F) See Section 30-388(E) for the Campus Master Plan requirements.
Section 30-156: (FP-O) Floodplain Overlay Zoning District
(A) Title. This ordinance shall be known as the “Floodplain Zoning Ordinance for the
City of Oshkosh, Wisconsin.”
(B) Statutory Authorization, Finding of Fact, Statement of Purpose.
(1) Statutory Authorization. This Ordinance is adopted pursuant to the
authorization in Section 62.23 and the requirements in Section 87.30, Stats.
(2) Finding of Fact. Uncontrolled development and use of the floodplains and
rivers of this municipality would impair the public health, safety, convenience,
general welfare and tax base.
(3) Statement of Purpose. This Ordinance is intended to regulate floodplain
development to:
(a) Protect life, health and property;
(b) Minimize expenditures of public funds for flood control projects;
(c) Minimize rescue and relief efforts undertaken at the expense of the
taxpayers;
(d) Minimize business interruptions and other economic disruptions;
(e) Minimize damage to public facilities in the floodplain;
(f) Minimize the occurrence of future flood blight areas in the floodplain;
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(g) Discourage the victimization of unwary land and homebuyers;
(h) Prevent increases in flood heights that could increase flood damage and
result in conflicts between property owners; and
(i) Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the floodplain.
(C) Definitions
Rules of Construction. Unless specifically defined, words and phrases in this
Ordinance shall have their common law meaning and shall be applied in accordance
with their common usage. Words used in the present tense include the future, the
singular number includes the plural and the plural number includes the singular.
The word "may" is permissive, "shall" is mandatory and is not discretionary.
(1) A-zones: Those areas shown on the official floodplain zoning map which
would be inundated by the regional flood. These areas may be numbered or
unnumbered A Zones. The A Zones may or may not be reflective of flood
profiles, depending on the availability of data for a given area.
(2) Accessory structure or use: A facility, structure, building or use which is
accessory or incidental to the principal use of a property, structure or building.
(3) Base flood: Means the flood having a one percent chance of being equaled or
exceeded in any given year, as published by FEMA as part of a FIS and
depicted on a FIRM.
(4) Basement: Any enclosed area of a building having its floor sub-grade, i.e.,
below ground level, on all sides.
(5) Building: See Structure.
(6) Bulkhead line: A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to Section 30.11, Stats., and which allows limited filling between this
bulkhead line and the original ordinary highwater mark, except where such
filling is prohibited by the floodway provisions of this Ordinance.
(7) Campground: Any parcel of land which is designed, maintained, intended or
used for the purpose of providing sites for nonpermanent overnight use by 4
or more camping units, or which is advertised or represented as a camping
area.
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(8) Camping unit: Any portable device, no more than 400 square feet in area, used
as a temporary shelter, including but not limited to a camping trailer, motor
home, bus, van, pick-up truck, tent or other mobile recreational vehicle.
(9) Certificate of compliance: A certification that the construction and the use of
land or a building, the elevation of fill or the lowest floor of a structure is in
compliance with all of the provisions of this Ordinance.
(10) Channel: A natural or artificial watercourse with definite bed and banks to
confine and conduct normal flow of water.
(11) Crawlways or crawl space: An enclosed area below the first usable floor of a
building, generally less than five feet in height, used for access to plumbing
and electrical utilities.
(12) Deck: An unenclosed exterior structure that has no roof or sides, but has a
permeable floor which allows the infiltration of precipitation.
(13) Department: The Wisconsin Department of Natural Resources.
(14) Development: Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures or
accessory structures; the construction of additions or alterations to buildings,
structures or accessory structures; the repair of any damaged structure or the
improvement or renovation of any structure, regardless of percentage of
damage or improvement; the placement of buildings or structures; subdivision
layout and site preparation; mining, dredging, filling, grading, paving,
excavation or drilling operations; the storage, deposition or extraction of
materials or equipment; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
(15) Dryland access: A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land outside the
floodplain, such as a road with its surface above regional flood elevation and
wide enough for wheeled rescue and relief vehicles.
(16) Encroachment: Any fill, structure, equipment, building, use or development
in the floodway.
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(17) Existing manufactured home park or subdivision: A parcel of land, divided
into two or more manufactured home lots for rent or sale, on which the
construction of facilities for servicing the lots is completed before the effective
date of this Ordinance. At a minimum, this would include the installation of
utilities, the construction of streets and either final site grading or the pouring
of concrete pads.
(18) Expansion to existing mobile/manufactured home park: The preparation of
additional sites by the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed. This includes installation of utilities,
construction of streets and either final site grading, or the pouring if concrete
pads.
(19) Federal Emergency Management Agency (FEMA): The Federal agency that
administers the National Flood Insurance Program.
(20) Flood Insurance Rate Map (FIRM): A map of a community on which the
Federal Insurance Administration has delineated both special flood hazard
areas (the floodplain) and the risk premium zones applicable to the
community. This map can only be amended by the Federal Emergency
Management Agency.
(21) Flood or flooding: A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
(a) The overflow or rise of inland waters,
(b) The rapid accumulation or runoff of surface waters from any source,
(c) The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior, or
(d) The sudden increase caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as a seiche, or by some similarly unusual event.
(22) Flood frequency: The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event is usually
expressed as occurring, on the average, once in a specified number of years or
as a percent (%) chance of occurring in any given year.
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(23) Floodfringe: That portion of the floodplain outside of the floodway which is
covered by flood waters during the regional flood and associated with
standing water rather than flowing water.
(24) Flood Hazard Boundary Map: A map designating approximate flood hazard
areas. Flood hazard areas are designated as unnumbered A-Zones and do not
contain floodway lines or regional flood elevations. This map forms the basis
for both the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
(25) Flood insurance study: A technical engineering examination, evaluation, and
determination of the local flood hazard areas. It provides maps designating
those areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines. The
flood hazard areas are designated as numbered and unnumbered A-Zones.
Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form
the basis for both the regulatory and the insurance aspects of the National
Flood Insurance Program.
(26) Floodplain: Land which has been or may be covered by flood water during the
regional flood. It includes the floodway and the floodfringe, and may include
other designated floodplain areas for regulatory purposes.
(27) Floodplain island: A natural geologic land formation within the floodplain
that is surrounded, but not covered, by floodwater during the regional flood.
(28) Floodplain management: Policy and procedures to ensure wise use of
floodplains, including mapping and engineering, mitigation, education, and
administration and enforcement of floodplain regulations.
(29) Flood profile: A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land surface
elevations along a stream or river.
(30) Floodproofing: Any combination of structural provisions, changes or
adjustments to properties and structures, water and sanitary facilities and
contents of buildings subject to flooding, for the purpose of reducing or
eliminating flood damage.
(31) Flood protection elevation: An elevation of two feet of freeboard above the
water surface profile elevation designated for the regional flood. (Also see:
FREEBOARD.)
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(32) Flood storage: Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood discharge.
(33) Floodway: The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood discharge.
(34) Freeboard: A safety factor expressed in terms of a specified number of feet
above a calculated flood level. Freeboard compensates for any factors that
cause flood heights greater than those calculated, including ice jams, debris
accumulation, wave action, obstruction of bridge openings and floodways, the
effects of watershed urbanization, loss of flood storage areas due to
development and aggregation of the river or stream bed.
(35) Habitable structure: Any structure or portion thereof used or designed for
human habitation.
(36) Hearing notice: Publication or posting meeting the requirements of Ch. 985,
Stats. For appeals, a Class 1 notice, published once at least one week (7 days)
before the hearing, is required. For all zoning ordinances and amendments, a
Class 2 notice, published twice, once each week consecutively, the last at least
a week (7 days) before the hearing. Local ordinances or bylaws may require
additional notice, exceeding these minimums.
(37) High flood damage potential: Damage that could result from flooding that
includes any danger to life or health or any significant economic loss to a
structure or building and its contents.
(38) Historic structure: Any structure that is either:
(a) Listed individually in the National Register of Historic Places or
preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register,
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a
registered historic district,
(c) Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of the Interior, or
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(d) Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program, as determined by the Secretary of the Interior;
or by the Secretary of the Interior in states without approved programs.
(39) Increase in regional flood height: A calculated upward rise in the regional
flood elevation, equal to or greater than 0.01 foot, based on a comparison of
existing conditions and proposed conditions which is directly attributable to
development in the floodplain but not attributable to manipulation of
mathematical variables such as roughness factors, expansion and contraction
coefficients and discharge.
(40) Land use: Any nonstructural use made of unimproved or improved real estate.
(Also see development.)
(41) Manufactured home: A structure transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or without a
permanent foundation when connected to required utilities. The term
"manufactured home" includes a mobile home but does not include a "mobile
recreational vehicle."
(42) Mobile recreational vehicle: A vehicle which is built on a single chassis, 400
square feet or less when measured at the largest horizontal projection,
designed to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is required and is
designed primarily not for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel or seasonal use. Manufactured
homes that are towed or carried onto a parcel of land, but do not remain
capable of being towed or carried, including park model homes, do not fall
within the definition of "mobile recreational vehicles."
(43) Municipality or municipal: The county, city or village governmental units
enacting, administering and enforcing this Zoning Ordinance.
(44) NGVD or National Geodetic Vertical Datum: Elevations referenced to mean
sea level datum, 1929 adjustment.
(45) New construction: For floodplain management purposes, "new construction"
means structures for which the start of construction commenced on or after the
effective date of floodplain zoning regulations adopted by this community and
includes any subsequent improvements to such structures. For the purpose of
determining flood insurance rates, it includes any structures for which the
"start of construction" commenced on or after the effective date of an initial
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FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures.
(46) Nonconforming structure: An existing lawful structure or building which is
not in conformity with the dimensional or structural requirements of this
Ordinance for the area of the floodplain which it occupies. (For example, an
existing residential structure in the floodfringe district is a conforming use.
However, if the lowest floor is lower than the flood protection elevation, the
structure is nonconforming.)
(47) Nonconforming use: An existing lawful use or accessory use of a structure or
building which is not in conformity with the provisions of this Ordinance for
the area of the floodplain which it occupies. (Such as a residence in the
floodway.)
(48) Obstruction to flow: Any development which blocks the conveyance of
floodwaters such that this development alone or together with any future
development will cause an increase in regional flood height.
(49) Official Floodplain Zoning Map: That map, adopted and made part of this
Ordinance, as described in Section 30-156(D)(2), which has been approved by
the Department and FEMA.
(50) Open space use: Those uses having a relatively low flood damage potential
and not involving structures.
(51) Ordinary Highwater Mark: The point on the bank or shore up to which the
presence and action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
(52) Person: An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
(53) Private sewage system: A sewage treatment and disposal system serving one
structure with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved by the
Department of Commerce, including a substitute for the septic tank or soil
absorption field, a holding tank, a system serving more than one structure or a
system located on a different parcel than the structure.
(54) Public utilities: Those utilities using underground or overhead transmission
lines such as electric, telephone and telegraph, and distribution and collection
systems such as water, sanitary sewer and storm sewer.
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(55) Reasonably safe from flooding: Means base flood waters will not inundate the
land or damage structures to be removed from the special flood hazard area
and that any subsurface waters related to the base flood will not damage
existing or proposed buildings.
(56) Regional flood: A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a one percent
chance of being equaled or exceeded in any given year, and if depicted on the
FIRM, the RFE is equivalent to the BFE.
(57) Start of construction: The date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The
actual start means either the first placement of permanent construction on a
site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond initial excavation, or the
placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling, nor
does it include the installation of streets and/or walkways, nor does it include
excavation for a basement, footings, piers or foundations or the erection of
temporary forms, nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For an alteration, the actual start of
construction means the first alteration of any wall, ceiling, floor or other
structural part of a building, whether or not that alteration affects the external
dimensions of the building.
(58) Structure: Any manmade object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the ground,
stream bed or lake bed, including, but not limited to, roofed and walled
buildings, gas or liquid storage tanks, bridges, dams and culverts.
(59) Subdivision: Has the meaning given in Section 236.02(12), Wis. Stats.
(60) Substantial damage: Damage of any origin sustained by a structure, whereby
the cost of restoring the structure to its pre-damaged condition would equal or
exceed 50 percent of the equalized assessed value of the structure before the
damage occurred.
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(61) Unnecessary hardship: Where special conditions affecting a particular
property, which were not self-created, have made strict conformity with
restrictions governing areas, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes of the
ordinance.
(62) Variance: An authorization by the Board of Appeals for the construction or
maintenance of a building or structure in a manner which is inconsistent with
dimensional standards (not uses) contained in the Floodplain Zoning
Ordinance.
(63) Violation: The failure of a structure or other development to be fully compliant
with the Floodplain Zoning Ordinance. A structure or other development
without required permits, lowest floor elevation documentation, floodproofing
certificates or required floodway encroachment calculations is presumed to be
in violation until such time as that documentation is provided.
(64) Watershed: The entire region contributing runoff or surface water to a
watercourse or body of water.
(65) Water surface profile: A graphical representation showing the elevation of the
water surface of a watercourse for each position along a reach of river or stream
at a certain flood flow. A water surface profile of the regional flood is used in
regulating floodplain areas.
(66) Well: Means an excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless of its
intended use.
(D) General Provisions
(1) Areas to be Regulated. This Ordinance regulates all areas that would be
covered by the regional flood or base flood.
(a) Note: Base flood elevations are derived from the flood profiles in the Flood
Insurance Study. Regional flood elevations may be derived from other
studies. Areas covered by the base flood are identified as A-Zones on the
Flood Insurance Rate Map.
(2) Official Maps & Revisions. The boundaries of all floodplain districts are
designated as floodplains or A-Zones on the maps listed below and the
revisions in the City of Oshkosh Floodplain Appendix. Any change to the base
flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood
Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and
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FEMA before it is effective. No changes to regional flood elevations (RFE's) on
non-FEMA maps shall be effective until approved by the DNR. These maps
and revisions are on file in the office of the Zoning Administrator, City of
Oshkosh. If more than one map or revision is referenced, the most current
approved information shall apply.
(a) Official Maps: Based on the FIS.
(i) Flood Insurance Rate Maps (FIRM), dated 3/17/2003; with
corresponding profiles that are based on the Flood Insurance Study
(FIS) dated 3/17/2003. Approved by: The DNR and FEMA
(3) Establishment of Districts. The regional floodplain areas are divided into three
districts as follows:
(a) The Floodway District (FW) is the channel of a river or stream and those
portions of the floodplain adjoining the channel required to carry the
regional floodwaters.
(b) The Floodfringe District (FF) is that portion of the floodplain between the
regional flood limits and the floodway.
(c) The General Floodplain District (GFP) is those areas that have been or may
be covered by floodwater during the regional flood.
(d) Flood Storage District (FSD) is that area of the floodplain where storage of
floodwaters is calculated to reduce the regional flood discharge.
[Created 1.22.19]
(4) Locating Floodplain Boundaries. Discrepancies between boundaries on the
official floodplain zoning map and actual field conditions shall be resolved
using the criteria in paragraphs (a) or (b) below. If a significant difference
exists, the map shall be amended according to Section 30-156(L). The zoning
administrator can rely on a boundary derived from a profile elevation to grant
or deny a land use permit, whether or not a map amendment is required. The
zoning administrator shall be responsible for documenting actual pre-
development field conditions and the basis upon which the district boundary
was determined and for initiating any map amendments required under this
section. Disputes between the zoning administrator and an applicant over the
district boundary line shall be settled according to Section 30-156(K)(3)(c) and
the criteria in (a) and (b) below.
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(a) If flood profiles exist, the map scale and the profile elevations shall
determine the district boundary. The regional or base flood elevations
shall govern if there are any discrepancies.
(b) Where flood profiles do not exist, the location of the boundary shall be
determined by the map scale, visual on-site inspection and any
information provided by the Department.
(i) Note: Where the flood profiles are based on established base flood
elevations from a FIRM, FEMA must also approve any map
amendment pursuant to Section 30-156(L)(1)(f).
(5) Removal of Lands from Floodplain. Compliance with the provisions of this
Ordinance shall not be grounds for removing land from the floodplain unless
it is filled at least two feet above the regional or base flood elevation, the fill is
contiguous to land outside the floodplain, and the map is amended pursuant
to Section 30-156(L).
(a) Note: This procedure does not remove the requirements for the mandatory
purchase of flood insurance. The property owner must contact FEMA to
request a Letter of Map Change (LOMC).
(6) Compliance. Any development or use within the areas regulated by this
Ordinance shall be in compliance with the terms of this Ordinance, and other
applicable local, state, and federal regulations.
(7) Municipalities and State Agencies Regulated. Unless specifically exempted by
law, all cities, villages, towns, and counties are required to comply with this
Ordinance and obtain all necessary permits. State agencies are required to
comply if Section 13.48(13), Stats., applies. The construction, reconstruction,
maintenance and repair of state highways and bridges by the Wisconsin
Department of Transportation is exempt when Section 30.2022, Stats., applies.
(8) Abrogation and Greater Restrictions.
(a) This Ordinance supersedes all the provisions of any municipal Zoning
Ordinance enacted under Section 62.23 for cities or Section 87.30, Stats. If
another Ordinance is more restrictive than this Ordinance, that Ordinance
shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
(b) This Ordinance is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. If this Ordinance imposes
greater restrictions, the provisions of this Ordinance shall prevail.
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(9) Interpretation. In their interpretation and application, the provisions of this
Ordinance are the minimum requirements liberally construed in favor of the
governing body and are not a limitation on or repeal of any other powers
granted by the Wisconsin Statutes. If a provision of this Ordinance, required
by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted
in light of the standards in effect on the date of the adoption of this Ordinance
or in effect on the date of the most recent text amendment to this Ordinance.
(10) Warning and Disclaimer of Liability. The flood protection standards in this
Ordinance are based on engineering experience and scientific research. Larger
floods may occur or the flood height may be increased by man-made or natural
causes. This Ordinance does not imply or guarantee that non-floodplain areas
or permitted floodplain uses will be free from flooding and flood damages. Nor
does this Ordinance create liability on the part of, or a cause of action against,
the municipality or any officer or employee thereof for any flood damage that
may result from reliance on this Ordinance.
(11) Severability. Should any portion of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, the remainder
of this Ordinance shall not be affected.
(12) Annexed Areas for Cities and Villages. The Winnebago County floodplain
zoning provisions in effect on the date of annexation shall remain in effect and
shall be enforced by the municipality for all annexed areas until the
municipality adopts and enforces an Ordinance, which meets the requirements
of Ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program
(NFIP). These annexed lands are described on the municipality's official
zoning map. County floodplain zoning provisions are incorporated by
reference for the purpose of administering this section and are on file in the
office of the municipal zoning administrator. All plats or maps of annexation
shall show the regional flood elevation and the location of the floodway.
(13) General Development Standards. The community shall review all permit
applications to determine whether proposed building sites will be reasonably
safe from flooding. If a proposed building site is in a flood-prone area, all new
construction and substantial improvements shall be designed or modified and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads; be constructed
with materials resistant to flood damage; be constructed by methods and
practices that minimize flood damages; and be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other
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service facilities designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
Subdivisions shall be reviewed for compliance with the above standards. All
subdivision proposals (including manufactured home parks) shall include
regional flood elevation and floodway data for any development that meets
the subdivision definition of this Ordinance.
(E) General Standards Applicable to All Floodplain Districts.
(1) Hydraulic and Hydrologic Analysis
(a) Except as allowed in par. (c) below, no floodplain development shall:
(i) Obstruct flow, defined as development which blocks the conveyance
of floodwaters by itself or with other development, increasing
regional flood height; or
(ii) Increase regional flood height due to floodplain storage area lost,
which equals or exceeds 0.01 foot.
(b) The zoning administrator shall deny permits if it is determined the
proposed development will obstruct flow or increase regional flood
heights 0.01 foot or more, based on the officially adopted FIRM or other
adopted map, unless the provisions of sub. 3. are met.
(c) Obstructions or increases equal to or greater than 0.01 foot may only be
permitted if amendments are made to this Ordinance, the official
floodplain zoning maps, floodway lines and water surface profiles, in
accordance with Section 30-156(L).
(i) Note: This section refers to obstructions or increases in base flood
elevations as shown on the officially adopted FIRM map. Any such
alterations must be reviewed and approved by FEMA and the DNR.
(2) Watercourse Alterations.
(a) No land use permit to alter or relocate a watercourse in a mapped
floodplain shall be issued until the local official has notified in writing all
adjacent municipalities, the Department and FEMA regional offices and
required the applicant to secure all necessary state and federal permits.
The flood carrying capacity of any altered or relocated watercourse shall
be maintained.
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(b) As soon as is practicable, but not later than six months after the date of
the watercourse alteration or relocation, the zoning administrator shall
notify FEMA of the changes by submitting appropriate technical or
scientific data in accordance with NFIP guidelines that shall be used to
revise the FIRM, risk premium rates and floodplain management
regulations as required.
(3) Chapter 30 and 31, WIS. STATS., Development. Development which requires
a permit from the Department, under chs. 30 and 31, Wis. Stats., such as docks,
piers, wharves, bridges, culverts, dams and navigational aids, may be allowed
if the necessary permits are obtained and amendments to the floodway lines,
water surface profiles, BFE's established in the FIS, or other data from the
officially adopted FIRM, or other floodplain zoning maps or the floodplain
zoning ordinance are made according to Section 30-156(L).
(4) Public or Private Campgrounds. Public or private campgrounds shall have a
low flood damage potential and shall meet the following provisions:
(a) The campground is approved by the Department of Health and Family
Services.
(b) A land use permit for the campground is issued by the zoning
administrator.
(c) The character of the river system and the elevation of the campground is
such that a 72-hour warning of an impending flood can be given to all
campground occupants.
(d) There is an adequate flood warning procedure for the campground that
offers the minimum notice required under this section to all persons in
the campground. This procedure shall include a written agreement
between the campground owner, the municipal emergency government
coordinator and the chief law enforcement official which specifies the
flood elevation at which evacuation shall occur, personnel responsible for
monitoring flood elevations, types of warning systems to be used and the
procedures for notifying at-risk parties, and the methods and personnel
responsible for conducting the evacuation.
(e) This agreement shall be for no more than one calendar year, at which time
the agreement shall be reviewed and updated by the officials identified in
sub. (d) to remain in compliance with all applicable regulations, including
those of the State Department of Health and Family Services and all other
applicable regulations.
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(f) Only camping units are allowed.
(g) The camping units may not occupy any site in the campground for more
than 180 consecutive days, at which time the camping unit must be
removed from the floodplain for a minimum of 24 hours.
(h) All camping units that remain on site for more than 30 days shall be issued
a limited authorization by the campground operator, a written copy of
which is kept on file at the campground. Such authorization shall allow
placement of a camping unit for a period not to exceed 180 days and shall
ensure compliance with all the provisions of this section.
(i) The municipality shall monitor the limited authorizations issued by the
campground operator to assure compliance with the terms of this section.
(j) All camping units that remain in place for more than 180 consecutive days
must meet the applicable requirements in either Section 30-156(F) or
Section 30-156(G) for the floodplain district in which the structure is
located.
(k) The campground shall have signs clearly posted at all entrances warning
of the flood hazard and the procedures for evacuation when a flood
warning is issued.
(l) All service facilities, including but not limited to refuse collection,
electrical service, natural gas lines, propane tanks, sewage systems and
wells shall be properly anchored and placed at or floodproofed to the
flood protection elevation.
(F) Floodway District (FW)
(1) Applicability. This section applies to all floodway areas on the floodplain
zoning maps and those identified pursuant to Section 30-156(H)(4).
(2) Permitted Uses. The following open space uses are allowed in the floodway
district and the floodway areas of the general floodplain district, if:
• they are not prohibited by any other Ordinance;
• they meet the standards in Section 30-156(F)(3) and 30-156(F)(4); and
• all permits or certificates have been issued according to Section 30-156
(K)(1):
(a) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture,
viticulture and wild crop harvesting.
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(b) Nonstructural industrial and commercial uses, such as loading areas,
parking areas and airport landing strips.
(c) Nonstructural recreational uses, such as golf courses, tennis courts,
archery ranges, picnic grounds, boat ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting, trap
and skeet activities, hunting and fishing areas and hiking and horseback
riding trails, subject to the fill limitations of Section 30-156(F)(3)(d).
(d) Uses or structures accessory to open space uses, or classified as historic
structures that comply with Section 30-156(F)(3) and 30-156(F)(4).
(e) Extraction of sand, gravel or other materials that comply with Section 30-
156(F)(3)(d).
(f) Functionally water-dependent uses, such as docks, piers or wharves,
dams, flowage areas, culverts, navigational aids and river crossings of
transmission lines, and pipelines that comply with Chs. 30 and 31, Stats.
(g) Public utilities, streets and bridges that comply with Section 30-156
(F)(3)(c).
(3) Standards for Developments in Floodway Areas.
(a) General
(i) Any development in floodway areas shall comply with Section 30-
156(E) and have a low flood damage potential.
(ii) Applicants shall provide the following data to determine the effects
of the proposal according to Section 30-156(E)(1):
(aa) A cross-section elevation view of the proposal, perpendicular
to the watercourse, showing if the proposed development will
obstruct flow; or
(bb) An analysis calculating the effects of this proposal on regional
flood height.
(iii) The zoning administrator shall deny the permit application if the
project will increase flood elevations upstream or downstream 0.01
foot or more, based on the data submitted for par. (ii) above.
(b) Structures. Structures accessory to permanent open space uses, classified
as historic structures, or functionally dependent on a waterfront location
may be allowed by permit if the structures comply with the following
criteria:
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(i) The structure is not designed for human habitation and does not
have a high flood damage potential;
(ii) It must be anchored to resist flotation, collapse and lateral
movement;
(iii) Mechanical and utility equipment must be elevated to, or
floodproofed to or above the flood protection elevation; and
(iv) It must not obstruct the flow of flood waters or cause any increase in
flood levels during the occurrence of the regional flood.
(c) Public Utilities, Streets and Bridges. Public utilities, streets and bridges
may be allowed by permit, if:
(i) Adequate floodproofing measures are provided to the flood
protection elevation; and
(ii) Construction meets the development standards of Section 30-
156(E)(1).
(d) Fills or Deposition of Materials. Fills or deposition of materials may be
allowed by permit, if:
(i) The requirements of Section 30-156(E)(1) are met;
(ii) No material is deposited in the navigable channel unless a permit is
issued by the Department pursuant to Ch. 30, Stats., and a permit
pursuant to Section 404 of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable,
and the other requirements of this section are met;
(iii) The fill or other materials will be protected against erosion by riprap,
vegetative cover, sheet piling or bulkheading; and
(iv) The fill is not classified as a solid or hazardous material.
(4) Prohibited Uses. All uses not listed as permitted uses in Section 30-156(F)(2)
are prohibited, including the following uses:
(a) Habitable structures, structures with high flood damage potential, or
those not associated with permanent open-space uses;
(b) Storing materials that are buoyant, flammable, explosive, injurious to
property, water quality, or human, animal, plant, fish or other aquatic life;
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(c) Uses not in harmony with or detrimental to uses permitted in the
adjoining districts;
(d) Any private or public sewage systems, except portable latrines that are
removed prior to flooding and systems associated with recreational areas
and Department-approved campgrounds that meet the applicable
provisions of local ordinances and ch. COMM 83, Wis. Adm. Code.
(e) Any public or private wells which are used to obtain potable water, except
those for recreational areas that meet the requirements of local ordinances
and chs. NR 811 and NR 812, Wis. Adm. Code;
(f) Any solid or hazardous waste disposal sites;
(g) Any wastewater treatment ponds or facilities, except those permitted
under s. NR 110.15(3)(b), Wis. Adm. Code;
(h) Any sanitary sewer or water supply lines, except those to service existing
or proposed development located outside the floodway which complies
with the regulations for the floodplain area occupied.
(G) Floodfringe District (FF)
(1) Applicability. This section applies to all floodfringe areas shown on the
floodplain zoning maps and those identified pursuant to Section 30-156(H)(4).
(2) Permitted Uses. Any structure, land use, or development is allowed in the
floodfringe district if the standards in Section 30-156(G)(3) are met, the use is
not prohibited by this or any other Ordinance or regulation and all permits or
certificates specified in Section 30-156(K)(1)) have been issued.
(3) Standards for Development in Floodfringe Areas. Section 30-156(E)(1) shall
apply in addition to the following requirements according to the use requested.
(a) Residential Uses. Any habitable structure, including a manufactured
home, which is to be erected, constructed, reconstructed, altered, or
moved into the floodfringe area, shall meet or exceed the following
standards:
(i) The elevation of the lowest floor, excluding the basement or
crawlway, shall be at or above the flood protection elevation on fill.
The fill shall be one foot or more above the regional flood elevation
extending at least 15 feet beyond the limits of the structure. The
Department may authorize other floodproofing measures if the
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elevations of existing streets or sewer lines makes compliance with
the fill standards impractical;
(ii) The basement or crawlway floor may be placed at the regional flood
elevation if it is floodproofed to the flood protection elevation. No
basement or crawlway floor is allowed below the regional flood
elevation;
(iii) Contiguous dryland access shall be provided from a structure to
land outside of the floodplain, except as provided in par. (iv).
(iv) In developments where existing street or sewer line elevations make
compliance with par. (iii) impractical, the municipality may permit
new development and substantial improvements where access roads
are at or below the regional flood elevation, if:
(aa) The municipality has written assurance from police, fire and
emergency services that rescue and relief will be provided to
the structure(s) by wheeled vehicles during a regional flood
event; or
(bb) The municipality has a natural disaster plan approved by
Wisconsin Emergency Management and the Department.
(b) Accessory Structures Or Uses
(i) Except as provided in par. (ii), an accessory structure which is not
connected to a principal structure may be constructed with its lowest
floor at or above the regional flood elevation.
(ii) An accessory structure which is not connected to the principal
structure and which is less than 600 square feet in size and valued at
less than $10,000 may be constructed with its lowest floor no more
than two feet below the regional flood elevation provided that it is
subject to flood velocities of no more than two feet per second and
that it meets all of the provisions of Sections 30-156 (F)(3)(b)(i), (ii),
(iii), (iv) and 30-156(G)(3)(e) below.
(c) Commercial Uses. Any commercial structure which is erected, altered or
moved into the floodfringe area shall meet the requirements of Section 30-
156(G)(3)(a) to the requirements of sub. (f), storage yards, surface parking
lots and other such uses may be placed at lower elevations if an adequate
warning system exists to protect life and property.
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(d) Manufacturing and Industrial Uses. Any manufacturing or industrial
structure which is erected, altered or moved into the floodfringe area shall
be protected to the flood protection elevation using fill, levees, floodwalls,
or other flood proofing measures in Section 30-156(K)(5). Subject to the
requirements of sub. (e), storage yards, surface parking lots and other
such uses may be placed at lower elevations if an adequate warning
system exists to protect life and property.
(e) Storage of Materials. Materials that are buoyant, flammable, explosive, or
injurious to property, water quality or human, animal, plant, fish or
aquatic life shall be stored at or above the flood protection elevation or
floodproofed in compliance with Section 30-156(K)(5). Adequate
measures shall be taken to ensure that such materials will not enter the
water body during flooding.
(f) Public Utilities, Streets and Bridges. All utilities, streets and bridges shall
be designed to be compatible with comprehensive floodplain
development plans; and
(i) When failure of public utilities, streets and bridges would endanger
public health or safety, or where such facilities are deemed essential,
construction of and substantial improvements to such facilities may
only be permitted if they are floodproofed in compliance with
Section 30-156(K)(5)to the flood protection elevation;
(ii) Minor roads or nonessential utilities may be constructed at lower
elevations if they are designed to withstand flood forces to the
regional flood elevation.
(g) Sewage Systems. All on-site sewage disposal systems shall be
floodproofed, pursuant to Section 30-156(K)(5), to the flood protection
elevation and shall meet the provisions of all local Ordinances and Ch.
COMM 83, Wis. Adm. Code.
(h) Wells. All wells shall be floodproofed, pursuant to Section 30-156(K)(5),
to the flood protection elevation and shall meet the provisions of
chs. NR 811 and NR 812, Wis. Adm. Code.
(i) Solid Waste Disposal Sites. Disposal of solid or hazardous waste is
prohibited in floodfringe areas.
(j) Deposition of Materials. Any deposited material must meet all the
provisions of this Ordinance.
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(k) Manufactured Homes
(i) Owners or operators of all manufactured home parks and
subdivisions shall provide adequate surface drainage to minimize
flood damage, and prepare, secure approval and file an evacuation
plan, indicating vehicular access and escape routes, with local
emergency management authorities.
(ii) In existing manufactured home parks, all new homes, replacement
homes on existing pads, and substantially improved homes shall:
(aa) have the lowest floor elevated to the flood protection elevation;
and
(bb) be anchored so they do not float, collapse or move laterally
during a flood.
(iii) Outside of existing manufactured home parks, including new
manufactured home parks and all single units outside of existing
parks, all new, replacement and substantially improved
manufactured homes shall meet the residential development
standards for the floodfringe in Section 30-156(G(3)(a).
(l) Mobile Recreational Vehicles. All mobile recreational vehicles that are on
site for 180 consecutive days or more or are not fully licensed and ready
for highway use shall meet the elevation and anchoring requirements in
Section 30-156(G)(3)(k)(ii) and (iii). A mobile recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the
site only by quick-disconnect utilities and security devices and has no
permanently attached additions.
(H) General Floodplain District (GFP)
(1) Applicability. The provisions for this district shall apply to all floodplains for
which flood profiles are not available or where flood profiles are available but
floodways have not been delineated. Floodway and floodfringe districts shall
be delineated when adequate data is available.
(2) Permitted Use. Pursuant to Section 30-156(H)(4), it shall be determined
whether the proposed use is located within a floodway or floodfringe area.
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(a) Those uses permitted in floodway (Section 30-156(F)(2)) and floodfringe
areas (Section 30-156(G)(2)) are allowed within the general floodplain
district, according to the standards of Section 30-156(H)(3), provided that
all permits or certificates required under Section 30-156(K)(1) have been
issued.
(3) Standards for Development in the General Floodplain District. Section 30-156
(F) applies to floodway areas, Section 30-156(G) applies to floodfringe areas.
The rest of this Ordinance applies to either district.
(4) Determining Floodway and Floodfringe Limits. Upon receiving an application
for development within the general floodplain district, the zoning
administrator shall:
(a) Require the applicant to submit two copies of an aerial photograph or a
plan which shows the proposed development with respect to the general
floodplain district limits, stream channel, and existing floodplain
developments, along with a legal description of the property, fill limits
and elevations, building floor elevations and flood proofing measures;
(b) Require the applicant to furnish any of the following information deemed
necessary by the Department to evaluate the effects of the proposal upon
flood height and flood flows, regional flood elevation and to determine
floodway boundaries:
(i) A typical valley cross-section showing the stream channel, the
floodplain adjoining each side of the channel, the cross-sectional area
to be occupied by the proposed development, and all historic high
water information;
(ii) Plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location and
layout of all proposed and existing structures on the site; location
and elevations of streets, water supply, and sanitary facilities; soil
types and other pertinent information;
(iii) Profile showing the slope of the bottom of the channel or flow line of
the stream;
(iv) Specifications for building construction and materials,
floodproofing, filling, dredging, channel improvement, storage,
water supply and sanitary facilities.
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(c) Transmit one copy of the information described in pars. (a) and (b) to the
Department Regional office along with a written request for technical
assistance to establish regional flood elevations and, where applicable,
floodway data. Where the provisions of Section 30-156(J)(1)(b)(iii) apply,
the applicant shall provide all required information and computations to
delineate floodway boundaries and the effects of the project on flood
elevations.
(I) Flood Storage District
(1) General. The flood storage district delineates that portion of the floodplain
where storage of floodwaters has been taken into account and is relied upon to
reduce the regional flood discharge. The district protects the flood storage
areas and assures that any development in the storage areas will not decrease
the effective flood storage capacity which would cause higher flood elevations.
(a) Applicability. The provisions of this division apply to all areas within the
Flood Storage District as shown on the official floodplain zoning maps.
(b) Permitted Use. Any structure, land use or development is allowed in the
underlying zoning district if the standards in Section 30-156(I)(1)(c) are met,
the use is not prohibited by this or any other Ordinance or regulation and
all permits or certificates specified in Section 30-156(K) have been issued.
(c) Standards for development in Flood Storage Districts
(i) Development in flood storage district shall not cause an increase
equal or greater than 0.00 of a foot in the height of the regional flood.
(ii) No development shall be allowed which removes flood storage
volume unless an equal volume of storage as defined by the pre-
development ground surface and the regional flood elevation shall
be provided in the immediate area of the proposed development to
compensate for the volume of storage which is lost (compensatory
storage).
(iii) If compensatory storage cannot be provided, the area may not be
developed unless the entire area zoned as flood storage district- on
this waterway- is rezoned to the floodfringe district. This must
include a revision to the floodplain study and map done for the
waterway to revert to the higher regional flood discharge calculated
without floodplain storage, as per Section 30-156 (L) of this chapter.
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(iv) No area may be removed from the flood storage district unless it can
be shown that the area has been filled to the flood protection elevation
and is contiguous to other lands lying outside of the floodplain.
(J) Nonconforming Uses.
(1) General
(a) Applicability. If these standards conform with Section 62.23(7)(h), Stats.,
they shall apply to all modifications or additions to any nonconforming
use or structure and to the use of any structure or premises which was
lawful before the passage of this Ordinance or any amendment thereto.
(b) The existing lawful use of a structure or its accessory use which is not in
conformity with the provisions of this Ordinance may continue subject to
the following conditions:
(i) No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this Ordinance. The
words "modification" and "addition" include, but are not limited to,
any alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory
structure or use. Ordinary maintenance repairs are not considered
an extension, modification or addition; these include painting,
decorating, paneling and the replacement of doors, windows and
other nonstructural components and the maintenance, repair or
replacement of existing private sewage or water supply systems or
connections to public utilities. Ordinary maintenance repairs do not
include any costs associated with the repair of a damaged structure.
The construction of a deck that does not exceed 200 square feet and
that is adjacent to the exterior wall of a principal structure is not an
extension, modification or addition. The roof of the structure may
extend over a portion of the deck in order to provide safe ingress and
egress to the principal structure.
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(ii) If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, it is no longer permitted
and any future use of the property, and any structure or building
thereon, shall conform to the applicable requirements of this
Ordinance;
(iii) The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present equalized assessed
value, the cost of all modifications or additions which have been
permitted, and the percentage of the structure's total current value
those modifications represent;
(iv) No modification or addition to any nonconforming structure or any
structure with a nonconforming use, which over the life of the
structure would exceed 50% of its present equalized assessed value,
shall be allowed unless the entire structure is permanently changed
to a conforming structure with a conforming use in compliance with
the applicable requirements of this Ordinance. Contiguous dry land
access must be provided for residential and commercial uses in
compliance with Section 30-156(G)(3)(a). The costs of elevating a
nonconforming building or a building with a nonconforming use to
the flood protection elevation are excluded from the 50% provisions
of this paragraph;
(v) (aa) Except as provided in subd. (b), if any nonconforming structure
or any structure with a nonconforming use is destroyed or is
substantially damaged, it cannot be replaced, reconstructed or
rebuilt unless the use and the structure meet the current
Ordinance requirements. A structure is considered
substantially damaged if the total cost to restore the structure
to its pre-damaged condition exceeds 50% of the structure’s
present equalized assessed value.
(bb) For nonconforming buildings that are damaged or destroyed
by a nonflood disaster, the repair or reconstruction of any such
nonconforming building may be permitted in order to restore
it after the nonflood disaster, provided that the nonconforming
building will meet all of the minimum requirements under 44
CFR Part 60, or under the regulations promulgated thereunder.
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(vi) A nonconforming historic structure may be altered if the alteration
will not preclude the structures continued designation as a historic
structure, the alteration will comply with Section 30-156(F)(3)(a),
flood resistant materials are used, and construction practices and
floodproofing methods that comply with Section 30-156(K)(3) are
used.
(2) Floodway Areas.
(a) No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in a floodway area,
unless such modification or addition:
(i) Has been granted a permit or variance meeting all Ordinance
requirements;
(ii) Meets the requirements of Section 30-156(J)(1);
(iii) Will not increase the obstruction to flood flows or regional flood
height;
(iv) Any addition to the existing structure shall be floodproofed,
pursuant to Section 30-156(K)(3), by means other than the use of fill,
to the flood protection elevation;
(v) The portions of the structure located below the regional flood
elevation must be constructed of flood-resistant materials;
(vi) It must be designed to allow for the automatic entry of floodwaters;
and
(vii) Its use must be limited to parking and/or storage.
(b) No new on-site sewage disposal system, or addition to an existing on-site
sewage disposal system, except where an addition has been ordered by a
government agency to correct a hazard to public health, shall be allowed in
a floodway area. Any replacement, repair or maintenance of an existing
on-site sewage disposal system in a floodway area shall meet the applicable
requirements of all municipal ordinances and Ch. COMM 83, Wis. Adm.
Code.
(c) No new well or modification to an existing well used to obtain potable water
shall be allowed in a floodway area. Any replacement, repair or maintenance
of an existing well in a floodway area shall meet the applicable requirements
of all municipal ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.
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(3) Floodfringe Areas
(a) No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use unless such
modification or addition has been granted a permit or variance by the
municipality, and the modification or addition shall be placed on fill or
floodproofed to the flood protection elevation in compliance with the
standards for that particular use in Section 30-156(G)(3), except where
Section 30-156(J)(3)(b) is applicable.
(b) Where compliance with the provisions of par. (a) would result in
unnecessary hardship and only where the structure will not be used for
human habitation or be associated with a high flood damage potential,
the Board of Appeals, using the procedures established in Section 30-156
(K)(3), may grant a variance from those provisions of par. (a) for
modifications or additions, using the criteria listed below. Modifications
or additions which are protected to elevations lower than the flood
protection elevation may be permitted if:
(i) No floor is allowed below the regional flood elevation for residential
or commercial structures;
(ii) Human lives are not endangered;
(iii) Public facilities, such as water or sewer, will not be installed;
(iv) Flood depths will not exceed two feet;
(v) Flood velocities will not exceed two feet per second; and
(vi) The structure will not be used for storage of materials as described
in Section 30-156(G)(3)(e).
(c) If neither the provisions of par. (a) or (b) above can be met, one addition to
an existing room in a nonconforming building or a building with a
nonconforming use may be allowed in the floodfringe, if the addition:
(i) Meets all other regulations and will be granted by permit or
variance;
(ii) Does not exceed 60 square feet in area; and
(iii) In combination with other previous modifications or additions to the
building, does not exceed 50% of the present equalized assessed
value of the building.
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(d) All new private sewage disposal systems, or addition to, replacement,
repair or maintenance of a private sewage disposal system shall meet all
the applicable provisions of all local ordinances and Ch. COMM 83, Wis.
Adm. Code.
(e) All new wells, or addition to, replacement, repair or maintenance of a well
shall meet the applicable provisions of this Ordinance and Ch. NR 811
and NR 812, Wis. Adm. Code.
(K) Administration. Where a zoning administrator, planning agency or a board of
appeals has already been appointed to administer a Zoning Ordinance adopted
under Section 62.23(7), Stats., these officials shall also administer this Ordinance.
(1) Zoning Administrator
(a) The zoning administrator is authorized to administer this Ordinance and
shall have the following duties and powers:
(i) Advise applicants of the Ordinance provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
elevation for the proposed development is shown on all permit
applications.
(ii) Issue permits and inspect properties for compliance with provisions
of this Ordinance, and issue certificates of compliance where
appropriate.
(iii) Inspect all damaged floodplain structures and perform a substantial
damage assessment to determine if substantial damage to the
structures has occurred.
(iv) Keep records of all official actions such as:
(aa) All permits issued, inspections made, and work approved;
(bb) Documentation of certified lowest floor and regional flood
elevations for floodplain development;
(cc) Records of water surface profiles, floodplain zoning maps and
ordinances, nonconforming uses and structures including
changes, appeals, variances and amendments.
(dd) All substantial damage assessment reports for floodplain
structures.
(v) Submit copies of the following items to the Department Regional
office:
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(aa) Within 10 days of the decision, a copy of any decisions on
variances, appeals for map or text interpretations, and map or
text amendments;
(bb) Copies of any case-by-case analyses, and any other information
required by the Department including an annual summary of
the number and types of floodplain zoning actions taken.
(cc) Copies of substantial damage assessments performed and all
related correspondence concerning the assessments.
(vi) Investigate, prepare reports, and report violations of this ordinance
to the municipal zoning agency and attorney for prosecution.
Copies of the reports shall also be sent to the Department Regional
office.
(vii) Submit copies of text and map amendments and biennial reports to
the FEMA Regional office.
(b) Land Use Permit. A land use permit shall be obtained before any new
development or any repair or change in the use of a building or structure,
including sewer and water facilities, may be initiated. Application to the
zoning administrator shall include:
(i) General Information
(aa) Name and address of the applicant, property owner and
contractor;
(bb) Legal description, proposed use, and whether it is new
construction or a modification;
(ii) Site Development Plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
(aa) Location, dimensions, area and elevation of the lot;
(bb) Location of the ordinary highwater mark of any abutting
navigable waterways;
(cc) Location of any structures with distances measured from the lot
lines and street center lines;
(dd) Location of any existing or proposed on-site sewage systems or
private water supply systems;
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(ee) Location and elevation of existing or future access roads;
(ff) Location of floodplain and floodway limits as determined from
the official floodplain zoning maps;
(gg) The elevation of the lowest floor of proposed buildings and any
fill using National Geodetic and Vertical Datum (NGVD);
(hh) Data sufficient to determine the regional flood elevation in
NGVD at the location of the development and to determine
whether or not the requirements of Section 30-156(F) or 30-
156(G) are met; and
(ii) Data to determine if the proposed development will cause an
obstruction to flow or an increase in regional flood height or
discharge according to Section 30-156(E)(1). This may include
any of the information noted in Section 30-156(F)(3)(a).
(iii) Data Requirements To Analyze Developments
(aa) The applicant shall provide all survey data and computations
required to show the effects of the project on flood heights,
velocities and floodplain storage, for all subdivision proposals,
as "subdivision" is defined in Chapter 236, Stats., and other
proposed developments exceeding 5 acres in area or where the
estimated cost exceeds $125,000. The applicant shall provide:
(1) An analysis of the effect of the development on the
regional flood profile, velocity of flow and floodplain
storage capacity;
(2) A map showing location and details of vehicular access to
lands outside the floodplain; and
(3) A surface drainage plan showing how flood damage will
be minimized.
(4) The estimated cost of the proposal shall include all
structural development, landscaping, access and road
development, utilities, and other pertinent items, but need
not include land costs.
(iv) Expiration. All permits issued under the authority of this Ordinance
shall expire 180 days after issuance.
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(c) Certificate of Compliance. No land shall be occupied or used, and no
building which is hereafter constructed, altered, added to, modified,
repaired, rebuilt or replaced shall be occupied until a certificate of
compliance is issued by the zoning administrator, except where no permit
is required, subject to the following provisions:
(i) The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the
provisions of this Ordinance;
(ii) Application for such certificate shall be concurrent with the
application for a permit;
(iii) If all Ordinance provisions are met, the certificate of compliance shall
be issued within 10 days after written notification that the permitted
work is completed;
(iv) The applicant shall submit a certification signed by a registered
professional engineer, architect or land surveyor that the fill, lowest
floor and floodproofing elevations are in compliance with the permit
issued. Floodproofing measures also require certification by a
registered professional engineer or architect that floodproofing
measures meet the requirements of Section 30-159(J)(5).
(d) Other Permits. The applicant must secure all necessary permits from
federal, state, and local agencies, including those required by the U.S.
Army Corps of Engineers under s. 404 of the Federal Water Pollution
Control Act, Amendments of 1972, 33 U.S.C. 1344.
(2) Zoning Agency
(a) The Department of Community Development shall:
(i) Oversee the functions of the office of the zoning administrator; and
(ii) Review and advise the governing body on all proposed amendments
to this Ordinance, maps and text.
(b) This zoning agency shall not:
(i) Grant variances to the terms of the Ordinance in place of action by
the Board of Appeals; or
(ii) Amend the text or zoning maps in place of official action by the
governing body.
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(3) Board of Appeals. The Board of Appeals, created under Section 62.23(7)(e),
Stats., is hereby authorized or shall be appointed to act for the purposes of this
Ordinance. The Board shall exercise the powers conferred by Wisconsin
Statutes and adopt rules for the conduct of business. The zoning administrator
may not be the secretary of the Board.
(a) Powers And Duties. The Board of Appeals shall:
(i) Appeals: Hear and decide appeals where it is alleged there is an
error in any order, requirement, decision or determination made by
an administrative official in the enforcement or administration of
this Ordinance.
(ii) Boundary Disputes: Hear and decide disputes concerning the
district boundaries shown on the official floodplain zoning map.
(iii) Variances: Hear and decide, upon appeal, variances from the
Ordinance standards.
(b) Appeals To The Board
(i) Appeals to the Board may be taken by any person aggrieved, or by
any officer or department of the municipality affected by any
decision of the zoning administrator or other administrative officer.
Such appeal shall be taken within 30 days unless otherwise provided
by the rules of the Board, by filing with the official whose decision is
in question, and with the Board, a notice of appeal specifying the
reasons for the appeal. The official whose decision is in question
shall transmit to the Board all records regarding the matter appealed.
(ii) Notice And Hearing For Appeals Including Variances
(aa) Notice: The Board shall:
(1) Fix a reasonable time for the hearing;
(2) Publish adequate notice pursuant to Wisconsin Statutes,
specifying the date, time, place and subject of the hearing;
(3) Assure that notice shall be mailed to the parties in interest
and the Department Regional office at least 10 days in
advance of the hearing.
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(bb) Hearing: Any party may appear in person or by agent. The
board shall:
(1) Resolve boundary disputes according to Section 30-
156(K)(3)(c).
(2) Decide variance applications according to Section 30-
156(K)(3)(d).
(3) Decide appeals of permit denials according to Section 30-
156(K)(4).
(iii) Decision. The final decision regarding the appeal or variance
application shall:
(aa) Be made within a reasonable time;
(bb) Be sent to the Department Regional office within 10 days of the
decision;
(cc) Be a written determination signed by the chairman or secretary
of the Board;
(dd) State the specific facts which are the basis for the Board's
decision;
(ee) Either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss
the appeal for lack of jurisdiction or grant or deny the variance
application;
(ff) Include the reasons for granting an appeal, describing the
hardship demonstrated by the applicant in the case of a
variance, clearly stated in the recorded minutes of the Board
proceedings.
(c) Boundary Disputes. The following procedure shall be used by the Board
in hearing disputes concerning floodplain district boundaries:
(i) If a floodplain district boundary is established by approximate or
detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary. If none exist, other evidence may
be examined.
(ii) In all cases, the person contesting the boundary location shall be
given a reasonable opportunity to present arguments and technical
evidence to the Board.
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(iii) If the boundary is incorrectly mapped, the Board should inform the
zoning committee or the person contesting the boundary location to
petition the governing body for a map amendment according to
Section 30-156(L).
(d) Variance
(i) The Board may, upon appeal, grant a variance from the standards of
this Ordinance if an applicant convincingly demonstrates that:
(aa) Literal enforcement of the Ordinance provisions will cause
unnecessary hardship;
(bb) The hardship is due to adoption of the Floodplain Ordinance
and unique property conditions, not common to adjacent lots
or premises. In such case the Ordinance or map must be
amended;
(cc) The variance is not contrary to the public interest; and
(dd) The variance is consistent with the purpose of this Ordinance
in Section 30-156(B)(3).
(ii) In addition to the criteria in par. (i) to qualify for a variance under
FEMA regulations, the following criteria must be met:
(aa) The variance may not cause any increase in the regional flood
elevation;
(bb) Variances can only be granted for lots that are less than one-half
acre and are contiguous to existing structures constructed
below the RFE;
(cc) Variances shall only be granted upon a showing of good and
sufficient cause, shall be the minimum relief necessary, shall
not cause increased risks to public safety or nuisances, shall not
increase costs for rescue and relief efforts and shall not be
contrary to the purpose of the Ordinance.
(iii) A variance shall not:
(aa) Grant, extend or increase any use prohibited in the zoning
district.
(bb) Be granted for a hardship based solely on an economic gain or
loss.
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(cc) Be granted for a hardship which is self-created.
(dd) Damage the rights or property values of other persons in the
area.
(ee) Allow actions without the amendments to this Ordinance or
map(s) required in Section 30-156(L)(1).
(ff) Allow any alteration of an historic structure, including its use,
which would preclude its continued designation as an historic
structure.
(iv) When a floodplain variance is granted the Board shall notify the
applicant in writing that it may increase flood insurance premiums
and risks to life and property. A copy shall be maintained with the
variance record.
(4) To Review Appeals of Permit Denials.
(a) The Zoning Agency (Section 30-156(K)(2)) or Board (Section 30-156(K)(3))
shall review all data related to the appeal. This may include:
(i) Permit application data listed in Section 30-156(K)(1)(b).
(ii) Floodway/floodfringe determination data in Section 30-156(H)(4).
(iii) Data listed in Section 30-156(F)(3)(a)(ii)(bb) where the applicant has
not submitted this information to the zoning administrator.
(iv) Other data submitted with the application, or submitted to the Board
with the appeal.
(b) For appeals of all denied permits the Board shall:
(i) Follow the procedures of Section 30-156(K)(3);
(ii) Consider zoning agency recommendations; and
(iii) Either uphold the denial or grant the appeal.
(c) For appeals concerning increases in regional flood elevation the Board shall:
(i) Uphold the denial where the Board agrees with the data showing an
increase in flood elevation. Increases equal to or greater than 0.01
foot may only be allowed after amending the flood profile and map
and all appropriate legal arrangements are made with all adversely
affected property owners.
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(ii) Grant the appeal where the Board agrees that the data properly
demonstrates that the project does not cause an increase equal to or
greater than 0.01 foot provided no other reasons for denial exist.
(5) Floodproofing
(a) No permit or variance shall be issued until the applicant submits a plan
certified by a registered professional engineer or architect that the
floodproofing measures will protect the structure or development to the
flood protection elevation.
(b) Floodproofing measures shall be designed to:
(i) Withstand flood pressures, depths, velocities, uplift and impact
forces and other regional flood factors;
(ii) Protect structures to the flood protection elevation;
(iii) Anchor structures to foundations to resist flotation and lateral
movement; and
(iv) Insure that structural walls and floors are watertight to the flood
protection elevation, and the interior remains completely dry during
flooding without human intervention.
(c) Floodproofing measures could include:
(i) Reinforcing walls and floors to resist rupture or collapse caused by
water pressure or floating debris.
(ii) Adding mass or weight to prevent flotation.
(iii) Placing essential utilities above the flood protection elevation.
(iv) Installing surface or subsurface drainage systems to relieve
foundation wall and basement floor pressures.
(v) Constructing water supply wells and waste treatment systems to
prevent the entry of flood waters.
(vi) Putting cutoff valves on sewer lines or eliminating gravity flow
basement drains.
(6) Public Information
(a) Place marks on structures to show the depth of inundation during the
regional flood.
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(b) All maps, engineering data and regulations shall be available and widely
distributed.
(c) All real estate transfers should show what floodplain zoning district any
real property is in.
(L) Amendments
(1) General. The governing body may change or supplement the floodplain zoning
district boundaries and this Ordinance in the manner provided by law. Actions
which require an amendment include, but are not limited to, the following:
(a) Any change to the official floodplain zoning map, including the floodway
line or boundary of any floodplain area.
(b) Correction of discrepancies between the water surface profiles and
floodplain zoning maps.
(c) Any fill in the floodplain which raises the elevation of the filled area to a
height at or above the flood protection elevation and is contiguous to land
lying outside the floodplain.
(d) Any fill or floodplain encroachment that obstructs flow, increasing
regional flood height 0.01 foot or more.
(e) Any upgrade to a floodplain Zoning Ordinance text required by s. NR
116.05, Wis. Adm. Code, or otherwise required by law, or for changes by
the municipality.
(f) All channel relocations and changes to the maps to alter floodway lines or
to remove an area from the floodway or the floodfringe that is based on a
base flood elevation from a FIRM requires prior approval by FEMA.
(2) Procedures. Ordinance amendments may be made upon petition of any
interested party according to the provisions of Section 62.23, Stats. Such
petitions shall include all necessary data required by Section 30-156(H)(4) and
30-156((K)(1)(b).
(a) The proposed amendment shall be referred to the zoning agency for a
public hearing and recommendation to the governing body. The
amendment and notice of public hearing shall be submitted to the
Department Regional office for review prior to the hearing. The
amendment procedure shall comply with the provisions of Section 62.23,
Stats.
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(b) No amendments shall become effective until reviewed and approved by
the Department.
(c) All persons petitioning for a map amendment that obstructs flow,
increasing regional flood height 0.01 foot or more, shall obtain flooding
easements or other appropriate legal arrangements from all adversely
affected property owners and notify local units of government before the
amendment can be approved by the governing body.
(d) For amendments in areas with no water surface profiles, the zoning
agency or board shall consider data submitted by the Department, the
zoning administrator's visual on-site inspections and other available
information. (See Section 30-156(D)(4))
(M) Enforcement and Penalties. Any violation of the provisions of this Ordinance by
any person shall be unlawful and shall be referred to the municipal attorney who
shall expeditiously prosecute all such violators. A violator shall, upon conviction,
forfeit to the municipality a penalty of not less than $75.00 and not more than
$500.00 together with a taxable cost of such action. Each day of continued violation
shall constitute a separate offense. Every violation of this Ordinance is a public
nuisance and the creation may be enjoined and the maintenance may be abated by
action at suit of the municipality, the state, or any citizen thereof pursuant to Section
87.30, Stats.
Section 30-157: (LR-O) Lakefront Residential Overlay District
(A) Intent. The purpose of this overlay district is to accommodate residences located
along Lake Winnebago and Lake Butte des Morts that have unique conditions based
on their relationship to the lake frontage. This district is intended to relate to the
irregular composition of parcels and ownership relationships found in such areas.
(B) Permitted Uses.
(1) Principal Uses and Structures: Refer to the underlying zoning district.
(2) Accessory Structures: All accessory structures are prohibited in the waterfront
yard, except for boathouses, detached decks and patios, gazebos, and water-
related structures, as determined by the Director of Community Development,
or designee. All accessory structures are prohibited in the street yard, except
for garages. All other permitted accessory structures shall be located in the side
yard.
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(a) Regulations for Boathouses.
(i) One boathouse shall be permitted when located on the same lot as
the principal structure.
(ii) The maximum floor area of a boathouse shall not exceed 500 square
feet.
(3) All Other Accessory Uses: Refer to the underlying zoning district and bulk
tables under Subsection (5), below.
(C) Waterfront lots have a waterfront yard, a street yard, and a side yard. Waterfront
lots have no rear yard or front yard.
(D) Where the requirements of the Shoreland Zoning Overlay District (Section 30-160)
or Floodplain Zoning Overlay District (Section 30-156) supersede these
requirements, the Shoreland Zoning Overlay District or Floodplain Zoning Overlay
District shall prevail.
(E) Density, Intensity, and Bulk Regulations for the (LR-O) Lakefront Residential
Overlay District.
(1) The following special standards shall apply all properties in the LR-O district.
These standards shall only apply when the special standard differs from the
standards of the underlying zoning district. In all other respects, the standards
set forth for the underlying zoning district apply.
Principal Structures
Minimum Waterfront Setback 25 feet
Minimum Street Setback 25 feet
Minimum Side Setback 5 feet
Garages Located in Street Yards
Minimum Street Setback 15 feet
Minimum Side Setback 3 feet
Minimum Distance from Principal
Structures 3 feet
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Accessory Buildings Located in Side Yards
Minimum Street Setback
Meet the minimum setback of
the existing structure or the
required setback for principal
structures, whichever is less.
Minimum Side Setback 3 feet
Minimum Distance from Principal
Structures 3 feet
Accessory Buildings Located in Waterfront Yards
(Boathouses, detached decks and patios, gazebos, and water-related
structures only)
Minimum Waterfront Setback 3 feet
Minimum Side Setback 3 feet
Minimum Distance from Principal
Structures 3 feet
(F) Landscaping/Screening Plan.
(1) Where reduced setbacks apply to principal or accessory structures, (i.e.
structures are built to a setback that would not be permitted in the underlying
zoning district), such structures shall be buffered from structures on adjacent
properties using landscaping/screening. Permitted types of
landscaping/screening may include, but are not limited to, fencing, shrubbery,
or both.
(2) The property owner shall submit a landscaping/screening plan at the time of
permit application.
(G) Garage Lots. A garage lot is a lot that does not contain a principal structure and
which is located directly across the street or alley from a lot containing a principal
residential structure. Typically, garage lots contain a garage or other accessory
structure and are under the same ownership as the lot containing the principal
residential structure.
(1) Principal uses shall not be permitted on garage lots.
(2) No more than one accessory structure shall be permitted on a garage lot.
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(3) Deed Restriction. Prior the issuance of a building permit, the garage lot and
existing related residential lot shall be deed restricted so as to treat use and
transfer of ownership of the two lots as one parcel.
(4) Bulk Regulations for Accessory Structures on Garage Lots.
Accessory Structures on Garage Lots
Required Lot Location
Align directly across the street or alley
from the associated lot containing the
principal residential structure
Minimum Lot Area 1,500 square feet
Minimum Lot Width 30 feet
Maximum Height Lesser of 18 feet or 1 story
Maximum Structure Area 800 square feet
Minimum Front Setback 15 feet
Minimum Side Setback 3 feet
Minimum Rear Setback 3 feet
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Section 30-158: (PD-O) Planned Development Overlay District
(A) Purpose. The purpose of this overlay district is to provide for the possible relaxation
of certain development standards pertaining to the underlying standard zoning
district. In exchange for such flexibility, it is anticipated that development within a
Planned Development Overlay District will reflect the City’s planning policies as
set forth in the City’s Comprehensive Plan and offer one or more of the following
advantages:
(1) Positively contribute to the appearance and function of land uses and site
design in the area
(2) Promote a greater level of architectural quality and be compatible with other
structures in the area
(3) Conserve and protect environmentally sensitive areas, areas of natural beauty,
and natural green spaces
(4) Preserve the cultural and historic character and significance of existing
structures or areas
(5) Provide substantial buffers and transitions between different land uses and
densities
(6) Reduce congestion on streets and improve pedestrian and bicycle circulation
(B) Intent. Planned developments are intended to encourage, promote, and provide
improved environmental design by allowing for greater freedom, imagination, and
flexibility in the development of land, while ensuring substantial compliance with
the basic intent of this Chapter and the City of Oshkosh Comprehensive Plan. To
this end, planned developments allow diversification and variation in the
relationship of uses, structures, open spaces, and heights of structures in
developments conceived and implemented as comprehensive and cohesive unified
projects. The Planned Development Overlay District shall allow development to be
designed, reviewed, approved, constructed, and managed as approved by the
Common Council rather than required by the underlying zoning district.
(1) The City may permit flexibility in the types of uses, area and yard
requirements, off-street parking, and/or other regulations set forth in this
Chapter by use of exceptions/base standard modifications subject to the
demonstration of their appropriateness for the area under consideration.
(2) It is not intended that the City will automatically grant exceptions/base
standard modifications in a Planned Development Overlay District, and it is
expected the City will grant only such exceptions when they are consistent and
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comparable with benefits to the community that result from the Planned
Development.
(3) The City may require, as conditions of approval, any reasonable stipulation,
limitation, or design factor which will promote suitable development in the
Planned Development Overlay District.
(C) Applicability. Areas that may be deemed appropriate for a Planned Development
Overlay District include, but are not limited to:
(1) Transitional areas that involve locations with a mix of different land uses
where new development is proposed in an area of preexisting uses and
buildings
(2) Infill areas located in a developed area that involve parcels that may have been
bypassed during the normal course of urbanization or that have been cleared
(3) Redevelopment areas where first or subsequent uses and/or structures are to
be replaced by new uses and/or structures
(4) Special areas that include locations that are considered community gateways
or entryway corridors and those areas identified as special planning areas in
the City’s Comprehensive Plan
(5) Development areas where base zoning standards may not be appropriate
and/or needed, and where the developer and community will benefit from a
greater level of flexibility in land use and bulk controls
(D) See Section 30-387 for the process to establish Planned Development Zoning.
(E) See Section 30-387(C)(4) through (5) for the General Development Plan and Specific
Implementation Plan requirements.
(F) Planned Developments are exempt from the requirements of Section 30-171 Group
and Large Developments.
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Section 30-159: (RF-O) Riverfront Overlay Zoning District
(A) Purpose. The purpose of this overlay district is to improve the quality of
development along the riverfront by applying enhanced building design standards
and land use regulations in the area defined by the mapped boundaries of the
Riverfront Overlay District.
(B) Land Use Regulations. Refer to the underlying zoning district.
(C) See Section 30-245(B) for exterior building design standards applicable to the
Riverfront Overlay District.
Section 30-160: (SL-O) Shoreland Overlay Zoning District
Section 30-160.1: Statutory Authorization and Statement of Purpose
(A) Statutory Authorization. This ordinance is adopted pursuant to the authorization
in Wis. Stat. sec. 62.23 and 62.233.
(1) Purpose. Uncontrolled use of shorelands and pollution of the navigable waters
of the City of Oshkosh may adversely affect the public health, safety,
convenience, and general welfare and impair the tax base. The Legislature of
Wisconsin has delegated responsibility to all municipalities to: Promote the
public health, safety, convenience and general welfare.
(2) Limit certain land use activities detrimental to shorelands.
(3) Preserve shore cover and natural beauty by controlling the location of
structures in shoreland areas and restricting the removal of natural shoreland
vegetation.
Section 30-160.2: Definitions
For the purpose of this ordinance:
(A) “Structure” means anything constructed or erected, the use of which requires
permanent or temporary location on the ground including but not limited to any
building, signage, deck, patio, driveway, parking facility, fence, retaining wall, or
other improvement. A structure also includes any permanent or temporary
appurtenance attached thereto.
(B) “Principal Structure” means the main building or structure on a lot or parcel of land
intended for the property’s primary use, as permitted by the regulations of the
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zoning district in which it is located. Principal structures include any attachments
including but not limited to garage(s), porches and decks.
(C) “Accessory Structure” means an uninhabited structure on the same property as a
principal structure, not attached to the principal structure, the use of which is
incidental to and customary in conjunction with the use of the principal structure.
Accessory structures include but are not limited to outbuildings, signage, decks and
patios which are not open on all sides (have side walls or screens), driveways,
parking facilities, or other similar improvements as determined by the Director of
Community Development.
(D) “Boathouse” means any permanent accessory structure designed for the purpose of
protecting or storing boats and/or related equipment for noncommercial purposes.
(E) “Subordinate Structure” means an uninhabited structure on the same property as a
principal structure, not attached to the principal structure, the use of which is
incidental to and customary in conjunction with the use of the principal structure
of the property and is primarily a recreational, landscape or access feature.
Subordinate structures include but are not limited to at-grade patios & decks which
are open on all sides (no side walls or screens), fencing and retaining walls,
landscape features (such as planting beds, flag poles, bird feeders, etc.), outdoor
recreational equipment (such as pools, play sets, fire pits, etc.), temporary fixtures
(not permanently affixed to the ground that are in place less than 90 calendar days
per year), and similar improvements as determined by the Director of Community
Development.
(F) “Shoreland” has the meaning given in Wis. Stat. sec. 59.692(1)(b): the area within
the following distances from the ordinary high-water mark of navigable waters:
(1) One thousand feet from a lake, pond or flowage. If the navigable water is a
glacial pothole lake, this distance shall be measured from the high-water mark
of the lake or to the landward side of the floodplain, whichever distance is
greater.
(2) Three hundred feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
(G) “Shoreland Setback Area” has the meaning given in Wis. Stat. sec. 59.692(1)(bn): an
area in a shoreland that is within a certain distance of the ordinary high-water mark
in which the construction or placement of structures has been limited or prohibited
under an ordinance enacted under this section.
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Section 30-160.3: Uses
(A) Permitted Uses. Uses permitted within the underlying zoning district for which the
Shoreland Overlay District is located.
(B) Conditional Uses
(1) Uses permitted by conditional use permit within the underlying zoning district
for which the Shoreland Overlay District is located.
(2) Roads, paths and trails.
(3) Filling, grading, lagooning, dredging, ditching and excavating except as
provided below:
(a) Only filling, grading, lagooning, dredging, ditching and excavating may be
permitted by administrative approval if done to minimize erosion,
sedimentation and impairment of fish and wildlife habitat as determined
by the City of Oshkosh.
(i) Filling or grading may be permitted by administrative approval
where the fill area is less than 50% of the square footage of the lot
provided the following are met:Maximum height, as measured from
the existing ground elevation at the point of placement, is limited to
3 feet. Limited areas of bank stabilization, backfilling behind rip rap,
“pothole filling” or similar measures may exceed this height
limitation.
(ii) Surface water runoff after fill does not adversely affect upstream or
downstream properties.
(iii) Fill is setback one foot from the property line, unless both properties
are being filled at the same time.
(b) Dredging, ditching or excavating that does not adversely affect drainage
either upstream or downstream and disposition of materials is in
compliance with section (2) above.
Section 30-160.4: General Provisions
(A) Compliance .The use of land within the shoreland area of the City of Oshkosh shall
be in full compliance with terms of this ordinance and other applicable local, state
and federal regulations. All permitted development shall require the approval of a
zoning site plan review, unless otherwise expressly excluded by a provision in this
ordinance.
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(B) Municipalities and State Agencies Regulated. Unless specifically exempted by law,
all cities, villages, towns, and counties are required to comply with this ordinance
and obtain all necessary permits. State agencies are required to comply if Wis. Stat.
sec. 13.48(13) applies.
(C) Abrogation and Greater Restrictions
(1) This ordinance supersedes all the provisions of any other applicable municipal
ordinance except that where another ordinance is more restrictive, that
ordinance shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
(2) This ordinance is not intended to repeal, abrogate or impair any existing deed
restrictions, covenants, or easements. However, where this ordinance imposes
greater restrictions, the provisions of this ordinance shall prevail.
(D) Interpretation. In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be liberally
construed in favor of the City of Oshkosh and shall not be deemed a limitation or
repeal of any other powers granted by the Wisconsin Statutes or Wisconsin
Constitution.
(E) Severability. Should any portion of this ordinance be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected.
(F) Applicability of Shoreland District Regulations. The Shoreland Overlay District
regulations apply only to the following shorelands:
(1) A shoreland that was annexed by the City of Oshkosh after May 7, 1982, and
that prior to annexation was subject to a county shoreland zoning ordinance
under Wis. Stat. sec. 59.692.
(G) District Boundaries. The Shoreland District areas regulated by this ordinance shall
include all the lands (referred to herein as shorelands) in the City of Oshkosh that
are:
(1) Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds or
flowages. Lakes, ponds or flowages shall be presumed to be navigable if they
are listed in the Wisconsin Department of Natural Resources Surface Water
Data viewer available on the DNR website, or are shown on United States
Geological Survey quadrangle maps or other zoning base maps.
(2) Within 300 feet of the ordinary highwater mark of navigable rivers or streams,
or to the landward side of the floodplain, whichever distance is greater. Rivers
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and streams shall be presumed to be navigable if they are designated as
continuous waterways or intermittent waterways on United States Geological
Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate
maps, flood boundary-floodway maps, soil survey maps or other existing
floodplain zoning maps shall be used to delineate floodplain areas.
(3) Determinations of navigability and ordinary highwater mark location shall
initially be made by the Zoning Administrator. When questions arise, the
Zoning Administrator shall contact the appropriate district office of the
Wisconsin Department of Natural Resources for a final determination of
navigability and/or ordinary highwater mark.
(4) Pursuant to Wis. Stat. sec. 61.353(7) or 62.233, the Shoreland Zoning District
does not include lands adjacent to an artificially constructed drainage ditch,
pond, or retention basin if the drainage ditch, pond or retention basin is not
hydrologically connected to a natural navigable water body.
(H) Effect of Existing Land Division, Sanitary, Zoning and Other Regulations. The lands
within the Shoreland Zoning District are subject to all applicable provisions of the
City of Oshkosh Municipal Code. Where the provisions of this ordinance are more
restrictive than other regulations in the Municipal Code, the provisions of this
ordinance shall apply.
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Section 30-160.5: Setbacks from the Ordinary High Water Mark
(A) Setbacks for Structures (other than Boathouses and Subordinate Structures)
(1) All structures, except boathouses and subordinate structures shall be set back
at least 50 feet from the ordinary high-water mark.
(2) Adjustment of Shore Yards. A setback less than 50 feet may be required or
allowed, if the following apply: [Revised 8.10.22]
(a) The principal structure is constructed on a lot or parcel immediately
adjacent on each side by a lot or parcel containing a principal structure.
(b) The principal structure must be constructed a distance greater than or equal
to the average setback of the principal buildings on the adjacent lots,
however:
(i) In no case shall the setback be reduced to a distance less than 35 feet
from the ordinary high-water mark.
Figure Revised 4.28.20 and 8.10.22
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(B) Boathouses
(1) Boathouses, accessory to permitted and conditional uses may be located within
the shoreyard, but:
(a) Shall not be closer than 3 feet to the ordinary high water mark of a stream,
lake, river, pond, or wetland and no closer than 3 feet to any side lot line
(b) Shall not exceed 1 boathouse per shoreyard lot
(c) Shall not exceed 500 square feet in horizontal area covered
(d) Shall be constructed in such a manner as to orient the main opening of the
boathouse toward the body of water and shall be used strictly for the
storage of boats and/or water-related recreational accessories. The use of
a boathouse for human habitation is prohibited. No plumbing, heating or
cooking facilities may be provided in or for a boathouse.
(e) Shall not be located in the vegetative buffer zone regulated in Section. 30-
160.6.
(C) Subordinate Structures
(1) Stairs, ramps and walkways, sized at the minimum necessary for accessibility,
are permitted within the shoreland setback when leading in a direct manner to
the waterline or a water dependent use such as a dock, pier or boathouse.
(2) A reduced setback of 35 feet may be provided for subordinate structures, if:
(a) The area for all such structures totals no more than 200 square feet
(b) A vegetative buffer is maintained and/or established per Section 30-160.6
below.
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Section 30-160.6: Vegetative Buffer Zone
Pursuant to Wis. Stat. sec. 62.233, a landowner must maintain a vegetative buffer zone,
as follows:
(A) A person who owns shoreland property that contains vegetation must maintain that
vegetation in a vegetative buffer zone along the entire shoreline of the property
extending 35 feet inland from the ordinary high-water mark of the navigable water,
except as provided in Subsection (B) or (C) below.
(B) If the vegetation in a vegetative buffer zone contains invasive species or dead or
diseased vegetation, the owner of the shoreland property shall remove the invasive,
dead or diseased vegetation and replace it with suitable native shoreland
vegetation, as determined by the Director of Community Development.
(C) A person who is required to maintain or establish
a vegetative buffer zone may remove the
vegetation in a part of that zone in order to
establish a viewing or access corridor that is no
greater than 35 feet wide for every 100 feet of
shoreline frontage and extends no more than 35
feet inland from the ordinary high-water mark (see
figure). Such viewing or access corridor shall not
be located within 10 feet of a side property line.
(1) Said vegetative buffer shall include native
plant materials approved by the Director of
Community Development, with the intent of:
(a) Reducing the flow of effluent, sediments,
and nutrients from the shoreland to the
water surface.
(b) Preventing or abating soil erosion.
(c) Preserving natural beauty and animal habitat.
(d) Providing substantial visual screening of structures from the water.
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Section 30-161: (TND-O) Traditional Neighborhood Overlay Zoning District
(A) Purpose.
(1) Traditional Neighborhood Overlay Districts are established to foster strong,
vibrant traditional neighborhoods that consist of well-maintained historic
homes and well-designed, architecturally compatible new residential
construction. Such districts are to be applied in neighborhoods with homes
and residences mostly constructed before 1950.
(2) Therefore, the purpose of the Traditional Neighborhood Overlay District is to
implement minimum design standards intended to maintain the unique
architectural qualities and features of Oshkosh’s older traditional homes;
ensure coordinated, compatible design between existing and new homes;
minimize adverse impacts on adjacent properties from buildings that may
detract from the character and appearance of the district as a whole; and, create
strong neighborhood identities and cohesive design through historic home
preservation and well-designed, high quality new construction and site design.
New residential construction shall be compatible in character with homes in
the immediate vicinity, considering scale, style and materials. The Overlay
District also seeks to stabilize and increase neighborhood property values and
instill a sense of "pride of place" among residents and property owners.
(B) Overlay Location
(1) Areas that may be deemed suitable and appropriate for a Traditional
Neighborhood Overlay District shall:
(a) Include a grouping of single and/or two-family homes generally
constructed prior to 1950 that retain traditional character of their building
styles including, but not limited to, Greek Revival (1830-1850), Gothic
Revival (1850-1895), Italianate (1856-1885), Mansard or French Second
Empire (1860-1880), Stick (1870-1890),
Queen Ann Revival (1880-1900),
Shingle Style (1885-1902),
Richardsonian Romanesque (1880-
1900), Prairie School (1900-1920),
Craftsman (1900-1920), American
Foursquare (1900-1920), Bungalow
(1900-1940), Tudor Revival (1920s),
Colonial Revival (1920-1940),
Block face from intersecting street to intersecting street
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Georgian Revival (1900-1930), and Mediterranean (1920s).
(b) The Traditional Neighborhood Overlay District is not intended to be
applied to areas where there is no established architectural character or
where the areas building character has been so substantially altered by
modern development (post 1950s) or redevelopment (i.e. housing stock
that has been significantly altered from its original design or has
deteriorated to an extent that the styles are no longer identifiable)
(c) Consist of a minimum area of not less than a block face (both sides of the
street) from intersecting street to intersecting street. Once the minimum
area is established, additional properties may be added as deemed
appropriate.
(C) Administration and Enforcement. The Director of Community Development, or
designee, shall serve as the Administrator of this Overlay Code. The Administrator
shall enforce the provisions of this Code. A Traditional Neighborhood Overlay
District may be adopted through a zoning map amendment as a standard overlay
district of itself or the overlay district can be used as a model code as a base for the
development of a hybrid/modified design standard overlay through the adoption
of a Planned Development Overlay District.
(1) Adoption Process.
(a) Upon receipt of a request to consider application of the Traditional
Neighborhood Overlay District or Planned Development Overlay District
to an area of the city, an informal review of the area of the proposed
overlay will be conducted by the Department of Community
Development and if deemed appropriate, a zoning map amendment
request and formal review shall be forwarded to the Plan Commission
and Common Council for consideration and action.
(b) The Plan Commission shall review a request for the overlay designation
and make a report and recommendation of denial, approval, or approval
with modifications it may deem appropriate to the Common Council. The
Common Council shall act to deny, approve, or approve with
modifications any request for the overlay designation before them for
consideration.
(2) Exceptions and Appeals
(a) Exceptions. Exceptions to the building architectural standards set forth
in this Section may be granted by the Director of Community
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Development, or designee, to permit substitute building materials or
construction methods of
comparative quality or design
when it can be demonstrated
that the provisions of this
Section are infeasible and that
the granting of such exception is
in keeping with the spirit and
intent of this Section. Decisions
rendered by the Director of
Community Development or
designee may be appealed to the
Plan Commission.
(b) Appeals. The Plan Commission
is authorized to grant variances
from the strict application of the
standards within the Overlay and an application for an appeal may be
made to the Plan Commission when it is claimed that the intent of the
standards in the Overlay have been incorrectly interpreted; do not apply;
or their enforcement cause unnecessary hardship.
(D) Existing Buildings: Windows and Doors
(1) Purpose. The purpose of this section is to manage design changes to the
windows and doors of existing traditional residential homes in overlay
districts established by this Section. Along with their primary function of
providing adequate light, ventilation and access to a home’s interior, windows
and doors contribute significantly to a house’s overall visual proportions, and
image and appearance. Original windows and doors shall be maintained
wherever appropriate and technically feasible. New windows and doors shall
also be visually and functionally compatible with the home’s architectural style
and other character-defining features.
(2) Applicability to Existing Buildings – The regulations contained in this section
of the Overlay Code shall be applicable to changes to existing buildings front
or side facade wall surface. In order to ensure that major changes and additions
to existing buildings are compatible with the surrounding neighborhood, any
change or addition within these districts after the effective date of the Overlay
shall be subject to the regulations contained in this section.
(3) Definitions.
Elements of a typical double-hung window
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(a) Windows. For the purposes of this overlay code, windows are defined as
wall openings fitted with a frame and glass to admit light and air into a
building’s interior. Windows are located primarily along a home’s
surface wall openings and in dormers, and include features such as
frames, sills, jambs, sashes, muntins and glazing panes (lights). Other
features may include casing trim and crown moldings, and decorative
wood or stone hoods and lintels. Window types include but are not
limited to double or triple hung, sliding, fixed and casement. Exterior
shutters are not considered an integral element of a window.
(b) Doors. For the
purposes of this
overlay code, doors
are defined as a
movable partition
or barrier to a house
entrance and hinged
to one wall. Doors
may be single or double depending on the
doorway opening and configuration.
Typical door and doorway entrance
features include the door, frame, threshold,
transoms, sidelights, and any decorative
surround casing or molding. The door
itself may be full paneled with no glazing
panes (lights), half or quartered-paneled
with lights, or fully lighted. A door may
also be accompanied with storm door that
may be constructed in wood, metal,
fiberglass, polyvinyl chloride (PVC), high
density polyethylene (HDPE) or wood
composite. Storm doors are typically half
or fully glazed or screened.
(c) Front and Side Yard Elevations. A front
elevation is defined as the house
wall/facade facing a street. A corner side yard elevation is defined as a
side or secondary elevation that faces a street and an interior side yard
elevation is defined a secondary elevation facing an internal lot line.
Traditional entrance door (left) and
storm door with full glazing (right)
Primary house entrance location
Existing trim work and casings shall be
maintained whenever feasible
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(d) Primary House Entrance. A primary house entrance is defined as the main
entrance located on a front or corner side elevation that is visible from the
public right-of-way and originally designed for day-to-day ingress and
egress.
(4) Windows
(a) Window Casings, Trim Work, and Crown Moldings. Casing, trim work,
sills, and crown moldings around windows and doorways are significant
character-defining and decorative features for traditional homes. They
may also provide certain structural functions and protect against water
and weather infiltration around windows. The loss of such features can
have considerable impact on a home’s visual appearance and functional
operation.
(i) Existing Trim Work. Windows casings, sills, trim work and crown
moldings original to the house and existing on front or side
facades/elevations shall be repaired and not be removed and
replaced unless there is evidence of missing trim work and/or they
are significantly deteriorated and beyond feasible repair. Significant
deterioration is defined as extensive and substantial cracks, holes
and rot that have compromised the trim work’s or crown molding’s
integrity. All casing and trim work shall be maintained by filling all
cracks and holes and repainting when necessary.
(ii) Replacement Trim Work. For windows on the front or side
facades/elevations, replacement trim shall ideally be made of the
same materials as the original trim work. Therefore, wood trim shall
be replaced by new wood trim wherever appropriate. Substitute
materials may include fiber-cement, vinyl, laminated veneer lumber,
hardboard, high density polyurethane (HDPE) and other plastic-
wood products. The size (width and height) and profile of the
replacement trim shall match the size and profile of the original trim
work where feasible. If no original trim work remains intact, the size
and profile of new trim work shall be compatible with other trim
work found on the house or the house’s overall architectural style
and visual appearance. If all trim work and casing are to be replaced,
replacements that are consistent in details/type shall be used for all
windows.
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(iii) Window Sills. Window sills shall only be replaced if there is
evidence of significant deterioration. A wood window sill is
considered in deteriorated condition if it has extensive cracks, holes
and decay, and is not sloped away from the building to shed
water. Replacement window sills shall be replaced with similar or
other compatible materials and have a drip on the bottom that
prevents water from entering the building under the window
assembly. If all window sills are to be replaced, new replacement
sills shall be used for all windows.
(b) Existing Windows. Existing windows on front or side facades/elevations
shall be maintained whenever feasible and not replaced unless there is
evidence of significant deterioration or cannot be feasibly repaired.
Significant deterioration is defined as extensive cracks or material rot in
window jambs, rails and muntins. Missing window hardware will not be
considered in assessing a window’s condition.
(c) Window Replacement. A replacement window on a front or side
facades/elevations shall use the existing window opening and match the
original window’s height to width dimensions wherever feasible. A 5 to
10 percent variation in the height-to-width proportion is allowed if
standard sized replacement windows cannot fit into an existing window
opening.
(i) Replacement Window Style and
Placement Patterns. A replacement
window’s style refers to the window’s
operation and framing (i.e., one over
one, double-hung), materials and
glazing (lighting) pattern. In general,
a replacement window shall be
appropriate and compatible with the
style of the original windows and the
house’s overall architectural design
features. Replacement windows shall also match original window
placement patterns and arrangements; for example, if the original
windows were grouped in 2’s or 3’s, replacement windows shall
maintain this pattern.
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(ii) Replacement Window Framing Options. The first window replacement
option is a sash-only replacement where the existing window frame,
sill and exterior trim are maintained and in good condition. This
option is preferred before others are considered. If this option is not
feasible due to significant deterioration of the window frame, block
frame replacement windows are recommended for original recessed
windows; nail-in frame replacements for windows flush with the
exterior walls. These frame types are more appropriate in
maintaining the original window profiles on front or side
facades/elevations.
(iii) Replacement Window Materials. Replacement window materials
shall match the original (i.e., wood for wood, metal for metal).
Suitable alternative materials include aluminum, aluminum-clad,
fiberglass, steel, vinyl and vinyl-clad windows.
(iv) Replacement Window Operation. For front or side
facades/elevations, replacement window operation shall match the
original (i.e. double-hung for double-hung; casement for casement,
etc.) Changes in window operation types are allowed on rear
elevations that can’t be viewed from the public right-of-way.
(v) Window Pane Glazing/Lights. A window’s glazing or “divided
light” grid or muntins pattern provide texture and character to a
building’s architectural style and visual character. Replacement
windows shall match the original divided light pattern with “true”
or “simuloor “simulated” lights with the grids/muntins placed on
the outside of the window at a minimum.
(vi) Storm windows. Storm windows in wood and other substitute
materials are acceptable as long as they match or are compatible with
the window’s operational configuration (i.e., double or single-hung
for double-hung windows). Substitute materials may include vinyl,
aluminum, metal, wood composite and other plastic-wood products.
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(vii) Shutters. Wood, wood composite and PVC shutters may be used for
new shutters. Shutters shall relate directly to the size of the window.
They may be either operable or fixed and shall be provided with
operable hardware (hinges and holdbacks) in either case.
(5) Doors
(a) Existing Doors and Entrances. Existing doors and entrances are key
architectural and visual features contributing to the character of most
building’s front or side facades/elevations. Original doors and any
surrounding casing, trim work, thresholds and other features shall be
retained and repaired unless significantly deteriorated. Significant
deterioration may be defined as large cracks or rotting materials and
features.
(b) Door Replacements. If a door cannot be repaired and must be replaced, the
new door shall match the style of the building and the original door
wherever feasible. The original material is preferred for replacement
doors but composite materials or metal doors are also acceptable.
Typical storm window types
Acceptable and discouraged shutter sizes
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Replacement doors shall match, as closely as possible, the original door’s
panel and lighting arrangement. Arched doors can be replaced with
rectangular doors if necessary.
(i) Storm Doors. Wood storm doors may be used with exterior doors if
the original screen door is missing. Aluminum, metal, vinyl and
wood composite storm doors may also be suitable replacements if
they match the front door’s size, style and panel and lighting pattern.
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(c) Door Openings. All existing door
openings on a building’s front or
side facades/elevations shall be
maintained and not closed. If
necessary, a primary house
entrance (door opening) may be
relocated but shall remain on the
exterior façade fronting the
street or as a side entrance to a
front porch. A secondary house
entrance may be allowed on a
side yard elevation viewed from
the public right-of-way as long
as the original entrance is not
closed or removed.
(E) Existing Buildings: Porches, Decks, Patios and Terraces
(1) Purpose. The purpose of this section is to manage changes to existing porches
as well as the design and installation of new porches, decks, terraces and patios
to traditional residential homes located in overlay districts established by this
Section. Porches are significant architectural and character defining features of
a traditional home, and they serve as the formal connection between the home
and the street. In almost all cases, existing porches and their associated
elements shall not be removed or altered to such an extent that they no longer
retain their character-defining features nor serve as the formal connection
between the house and the street. New porches shall be constructed in
locations where original porches once existed and be compatible in style and
materials to the existing house. Decks, terraces and patios on existing homes
are only permitted when installed on interior side or rear facades and
elevations.
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(2) Applicability.
(a) Existing Porches, Terraces, Decks and Patios – The regulations contained in
this section of the Overlay shall be applicable to changes to existing
porches, terraces, decks and patios, such as the restoration/rehabilitation
of an existing porch, terraces, decks and patios or its elements, as well as
common maintenance repairs, such as the repair of steps, rails, balusters,
handrails and skirting of existing traditional residential homes in overlay
districts established by this Section. In order to ensure that changes to
porches, terraces, decks and patios are compatible with the surrounding
neighborhood, any changes or addition within these districts after the
effective date of the Overlay shall be subject to the regulations contained
in this section.
(b) New Construction - The regulations contained in this Overlay shall be
applicable to all new porches, terraces, decks or patio construction on
existing traditional residential homes in overlay districts established by
this Section. To ensure the compatibility of new porches, terraces, decks
and patios developed within the overlay district with that of the
surrounding community, any new porch, terrace, deck or patio within the
overlay district after the effective date of the Overlay Code shall be subject
to the regulations contained in this section.
Porch Components
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(3) Definitions.
(a) Porch. For the purposes of this Overlay, a porch is defined as a permanent
structure attached to a building on the main and/or corner side/secondary
elevation with a roof and without permanent walls, windows or
enclosures. A porch’s primary purpose is to protect a building’s entrance
and to offer shelter for those entering the house from the street. A porch
consists of six primary structural and decorative elements: the porch
foundation, steps, porch skirting, porch floor, columns and railings, and
the porch roof. Porches associated with Queen Anne and Victorian styles
were usually constructed in wood; porches associated with Craftsman
and later styles were sometimes constructed in masonry.
(b) Deck. For the purpose of this Overlay, a deck is a roofless structure typically
attached to a building’s side or rear elevation. A deck’s primary purpose
is to provide an outside gathering place. Decks are usually constructed in
wood and are often raised off the ground requiring steps. Decks may also
be constructed on the second story of the side or rear elevation
encompassing part or the full width of the elevation.
(c) Patio/Terrace. For the purpose of this Overlay, a patio or terrace is a roofless
structure typically attached to a building’s side or rear elevation. A
patio/terrace primary purpose is to provide an outside gathering place. A
patio or terrace is usually constructed at grade level with materials such
as concrete, stone or brick pavers, and may incorporate railings or
balustrades. Terraces and patios generally do not have a roof and roof
structure as with porches but may incorporate awnings and awning
frames.
(d) Stoop. For the purpose of this Overlay, a stoop is a raised uncovered
platform approached by steps to a building’s entrance. A stoop is
typically constructed in concrete, stone, wood or brick pavers, and is
smaller in dimensions than a porch, deck or terrace and accommodating
only ingress or egress into a house entrance. A stoop may have railings
on one or both sides of the steps.
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(4) Porches.
(a) Existing Porches. Existing porches on front or side facades/elevations shall
be maintained or repaired and not replaced unless there is evidence of
significant deterioration that cannot be feasibly repaired. Significant
deterioration is defined as significant rot in materials, structural
deficiencies, and failures in the foundation, flooring, roof, and overall
porch structure.
(i) Foundation. Stone, brick and concrete/concrete block used for porch
foundations, whether as a continuous wall or as separate piers, shall
be maintained and repaired as feasible using similar or compatible
materials. Porch foundations constructed in masonry can be
repaired through re-pointing and epoxy consolidation as well as the
replacement of individual units of stone, brick and concrete block
depending on the construction of the foundation. Wood foundation
piers can be replaced with concrete or other compatible materials if
they are significantly deteriorated. If foundation footings are not
stable, they shall be repaired and stabilized to support the porch
structure. Foundation piers constructed in pressure treated wood
shall be primed and painted with colors that match or are compatible
with existing porch colors, after a curing/drying period of no greater
than 18 months.
(ii) Steps. Wood steps are common features of Victorian, Foursquare
and other vernacular homes in traditional neighborhoods. Brick and
concrete steps were prevalent in homes from the 1920s onwards. In
general, porch steps shall be repaired and maintained with similar
materials consistent with the materials found in the porch floor and
skirting. Durable wood materials such as cedar and redwood are
preferred, although pressure-treated, wood sawdust or mineral
composite/high density polyurethane plastic (HDPE) can serve as
suitable replacement materials. Steps constructed in pressure
treated wood shall be primed and painted with colors that match or
are compatible with existing porch and house colors, after a
curing/drying period of no greater than 18 months.
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(iii) Skirting. Skirting is an important
decorative porch element. It also serves
to keep animals out while allowing air
to circulate underneath the porch
structure. Skirting original to the
existing house and porch shall be
maintained and repaired whenever
feasible. Skirting material is typically
constructed in woods such as cedar,
redwood and cypress and produced in
a lattice form or vertical railings. If
skirting needs to be replaced due to
significant deterioration, it shall be
replaced with similar materials such as
wood, pressure treated wood, wood
sawdust or mineral composite/high
density polyurethane plastic (HDPE).
Vertical skirting patterns and pre-
fabricated lattice board panels can be
used. Skirting shall not be secured to
the outside face of the deck and if
pressure-treated lumber, shall be painted or stained to match the
porch to which it is being attached, after a curing/drying period of
no greater than 18 months. Plants, bushes and flowerbeds can be
used to screen areas beneath a porch but care should be taken to have
bushes and flowers planted on a slope away from porch foundations
to avoid moisture infiltration and foundation deterioration. Trees
should not be planted near porch foundations.
(iv) Flooring and Ceiling. All original porch ceiling and flooring
materials shall be retained, repaired and preserved whenever
feasible. Individual ceiling and floor boards that are significantly
deteriorated can be replaced with similar materials, usually tongue
and grove wood boards for flooring and 1” x 6” beadboards for the
roof. If an entire porch floor or ceiling has to be replaced, new floor
boards shall match the existing in thickness, profile and texture.
Woods such as cedar, redwood and cypress, and synthetic materials,
including pressure-treated, fiber cement, wood sawdust or mineral
composite/high density polyurethane plastic (HDPE) can serve as
Porch skirting types
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suitable replacement materials. Floors and ceilings constructed of
pressure-treated wood shall be primed and painted/stained with
colors that match or are compatible with existing porch colors, after
a curing/drying period of no greater than 18 months.
(v) Columns. Porch columns are often constructed in wood, brick, or
stucco. All original porch columns shall be retained, repaired and
preserved whenever feasible using epoxy filler or other materials.
Porch columns can be replaced if they show significant deterioration,
including visible signs of rot and structural failure if they cannot
support the weight of the porch roof. Replacement columns shall
match the original material wherever feasible, although synthetic
materials, such as pressure-treated wood, fiberglass, wood sawdust
or mineral composite/high density polyurethane plastic (HDPE) are
acceptable. Replacements must substantially replicate the existing
column’s design style, including its length, width, and profile and
detailing. If existing columns are simply square or round or if all
columns are replaced in their entirety (at the same time),
replacement columns shall be at least 6”x 6” in dimension.
Columns constructed of pressure-treated wood shall be stained, or
properly primed and painted with paint colors that match or are
compatible to existing porch colors, after a curing/drying period of
no greater than 18 months. If not painted, pressure-treated wood
can be wrapped. Brick or stucco columns should only be repaired
in brick and stucco that are of same color, texture and material
strength as the original.
(vi) Roof. Porch roofs for most traditional homes were constructed with
materials and pitches similar to the main structure and its overall
architectural style. New porch roofs shall be constructed in that
fashion and be compatible with the home’s architectural style.
Typically, roofs were constructed with asphalt shingles and a pitch
suitable to shed water.
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(vii) Railings and Balusters. Railing
elements typically include
handrails, balusters and posts,
which shall be retained, repaired
and preserved whenever feasible.
Some houses, but rarely, may have
solid porch walls rather than
railings, which shall also be
maintained if they are original to
the house. Railing elements and
balusters in need of repair and
replacement shall use similar
materials as the original.
Synthetics, including pressure-
treated wood, wood sawdust or
mineral composite/high density
polyurethane plastic (HDPE) can
serve as suitable replacement materials. Replacement materials
should substantially replicate the existing railings and balusters in
length, width, profile, and detailing. Railings and Balusters
constructed of pressure-treated wood shall be stained, or properly
primed and painted with paint colors that match or are compatible
to existing porch colors, after a curing/drying period of no greater
than 18 months. If not painted, pressure-treated wood can be
wrapped. Spindles or balusters shall not be secured to the outside
face of the porch including but not limited to the rails, rim joist, beam
and/or columns
Railing and baluster types
Baluster
Bottom
Rail
Handrail
Bottom
Rail
Baluster
Handrail
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(b) Enclosures. Porches may be enclosed with glass or screens with no less than
60 percent transparency (of preexisting open areas) and as long as the
construction of the enclosing elements are readily reversible. Removable,
seasonal storm windows or screens are recommended over more
permanent window or screening systems. In enclosed areas that are not
transparent, materials used shall match or be compatible with the primary
façade siding material, including wood clapboard, vinyl, wood
composite, stucco or other synthetic materials. Brick or masonry is not
acceptable as an enclosure material unless it is consistent and compatible
with the house’s architectural style.
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(c) New Porches on Existing Buildings. To the extent that it can be
documented, missing original porches shall be reconstructed to be
appropriate and compatible to the style and period of the home in regard
to size, style and detail. Where inadequate documentation exists for the
original porch, proposed new porches shall be typical of those built in the
style of the house. New porches shall be constructed in wood or
appropriate composite/synthetic materials such as wood sawdust or
mineral composite/high density polyurethane plastic (HDPE). Pressure
Enclosed porch: 30 percent transparency not recommended
Enclosed porch: 100 percent transparency recommended
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treated wood can be used but shall be stained, or properly primed and
painted with paint colors that match or are compatible to existing house
colors, after a curing/drying period of no greater than 18 months. If not
painted, pressure-treated wood can be wrapped. Porches constructed in
stucco and brick are acceptable as long such materials are consistent and
compatible with the house’s architectural style. An open porch base is
prohibited and must be skirted with wood lattice or other suitable
materials as listed in Subsection (E)(4)(a)(iii).
(d) Stoops. Stoops can be used if no adequate space can be found for a porch
structure. Stoops serve as a means to access a house entrance and shall be
constructed to serve this function only. Stoops are generally designed to
fit the size of entrance opening and are usually constructed in concrete,
stone, wood or brick pavers and incorporate railings if the stoop steps rise
more than 30 inches. Stoops do not incorporate other porch structure
elements such as posts and roof. An awning may be installed over the
stoop to provide protection from the weather.
(e) Decks. New decks, whether located at ground level or a second story,
shall be constructed on a building’s rear façade/elevation or on a interior
side elevation not visible from the street. Decks on front or side elevations
visible from the street will be permitted if it can be shown that they are
characteristic of the house’s overall architectural style. Decks are also
permitted on corner-side elevations of corner lots facing a lake, park or
other amenable feature. Decks shall be designed to be consistent and
compatible with a house’s architectural style and include elements such
as posts, railings and balusters, and be constructed in cedar, cypress,
redwood, or appropriate composite materials such as wood sawdust or
mineral composite/high density polyurethane plastic (HDPE), plastic and
aluminum. Decks constructed in pressure-treated lumber, shall be
painted or stained, after a curing/drying period of no greater than 18
months. If not painted, pressure-treated wood can be wrapped.
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Deck on side elevation
Deck on rear elevation
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(f) Patios and Terraces. New patios and terraces shall be constructed on a
building’s rear façade or side elevation using stone, brick, brick pavers, or
concrete. Water permeable pavers are also allowed. For double-fronted
lots, patios and terraces are permitted on one front elevation or side
elevation. Patios are also permitted on corner-side elevations of corner
lots facing a lake, park or other amenable feature. Patios and terraces are
typically constructed flush at ground grade level and are not elevated,
although landscape treatments and berming can be employed to elevate
the patio or terrace to meet rear or side entrance grades. Patios and
terraces may incorporate railings and balustrades.
Patio on rear elevation
Patio on side elevation
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(g) Ramps and Special Accessibility. Where provisions for accessibility for
disabled persons are proposed to be added to a principal structure’s front
or side facades/elevations, every effort should be made to integrate the
ramp or other accessibility provisions within the overall design of the
principal structure. Ramps shall be placed on a side or rear elevation in a
way that does not
remove original building
features and materials.
Ramps shall also
incorporate elements of
the principal structure’s
building materials and
shall be installed in such
a way that its removal
will not damage
important features and
materials of the principal
structure. Ramps
constructed in pressure-
treated lumber shall be stained or painted with colors that match or are
compatible to existing house colors, after a curing/drying period of no
greater than 18 months. If not painted, pressure-treated wood can be
wrapped. Installing ramps on the front façade shall be avoided unless it can
be demonstrated that there is not inadequate space on secondary/side or
rear elevations to install a ramp or other accessibility provision.
(F) Existing Buildings: Additions and Major Changes
(1) Purpose. The purpose of this section is to manage siting, placement and design
of additions and changes to existing buildings and structures in traditional
neighborhoods located within the Overlay districts established by this Section.
Additions and changes shall be compatible with existing buildings and be
harmonious with other traditional homes and structures within the
surrounding blocks and the neighborhood.
Accessible ramp on side elevation porch
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(2) Applicability
(a) Additions and Changes – The regulations contained in this section of the
Overlay shall be applicable to all proposed new additions and changes to
existing single and two-family buildings and structures front or side
facades/elevations. In order to ensure that new additions are compatible
with the principal structure or house, any additions within these districts
after the effective date of the Overlay shall be subject to the regulations
contained in this section.
(3) Definitions
(a) Addition. An addition is an increase in the footprint size of an existing
principal structure or house through the construction of an additional
room or rooms to a front, side or rear elevation. A new addition can also
be a new floor, or portion thereof, to an existing house or a dormer
addition as defined below.
(b) Change. A major change to an existing principal structure is considered
any alteration or demolition to the materials, wall plane and/or
architectural features of a front or side façade or elevation visible from the
street.
(c) Dormer: A dormer is a structural element of a house that protrudes from
the plane of a sloping roof surface. Dormers are used, either in original
construction or as later additions, to create usable space in the roof of a
building by adding headroom and usually also by enabling addition of
windows.
(4) General Requirements. Over time, many homes and residences within
traditional neighborhoods were expanded to provide additional living space.
It is recognized that additions to existing homes will continue to take place and
that the overall intent of this section is to ensure that new additions and
changes are compatible and harmonious with the original house style and the
surrounding neighborhood. Achieving compatibility involves a careful
consideration of the placement of the addition or change to the original house,
its overall design, use of materials and overall scale and massing.
(a) Placement and Orientation. Additions to a principal structure and
changes that extend the building footprint shall be placed on a rear facade,
or interior side elevation if rear is not practical, in order to have a minimal
impact on the overall scale and character of the original house. New
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additions can be built with or without a setback from the wall plane of the
original house. A special exception for an addition that extends from the
front wall plane of the original house, either at a front or corner-side
elevation, may be granted through the appeals process under certain
circumstances; in particular, if there is a lack of sufficient space in the
house’s rear yard to place the addition and the addition’s overall design
meets all other requirements regarding its design (see following
requirements (b) through (g)).
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(b) Height and Scale. Additions and changes that extend the building height
shall not be higher than the principal structure’s dominant or highest roof
ridgeline and not overpower the principal structure’s overall scale and
massing. The addition’s footprint shall not be more than 50 percent of the
principal structure’s existing footprint. An exception to the height
standard can be made if the addition conforms and is compatible with the
principal structure’s overall architectural style and roof shapes and
becomes an integral part of the structure’s overall building form and
design. Exterior materials of new additions shall be constructed in the
same materials, or combination of materials, as the original building (see
requirement (d) below).
(c) Style and Form. New additions and changes shall reflect or be consistent
with the principal structure’s architectural style and roof form. It is not
required to replicate the principal structure’s architectural style in exact
detail, but the addition’s and changes overall roof shape, and door and
window opening patterns and rhythms shall be consistent, compatible
and blend with the original house. When a principal structure
incorporates elements of various styles due to earlier additions, the
addition shall employ the style characteristics that are the most dominant.
(d) Materials. New additions and changes may be constructed using modern
materials although they shall be complementary as a way to tie the
addition and the original house together. Some material contrast is
allowed but shall be subtle in change with the principal structure’s
original building materials. For example, if the original house was sided
Acceptable roof addition (left); Unacceptable – roof addition extending above the ridgeline (right)
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with wood clapboard, then fiber cement or vinyl siding may be used for
the addition. New additions and changes shall not remove significant
character and architectural-defining features or materials of the front or
side facades/elevations of the original house, such as trim work and
corner boards, shingle siding, bargeboard, ornamentation and dormers.
Such features may be removed temporarily but must be reinstalled upon
completion of the addition. Material color shall also match or be
complimentary to the principal structures color.
(e) Window and Door Openings. The relationship of the height and width
of windows and doors shall be consistent to those of the original house or
principal structure. Building addition and change designs that create
blank walls on any front or side façade are not permitted. A front or side
façade/elevation must have 25 percent of its wall space devoted to
window openings. Window openings shall follow a width-to-height ratio
of 2:3 or 2:1. Doors with glazing and sidelights may be counted towards
the 25 percent requirement.
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(f) Dormers. New dormers shall be placed on a principal structure’s side or
rear facades and limited to no more than one-half the roof area. A dormer
may also be allowed on
a front façade if it is
found to be a typical or
customary feature of the
house’s architectural
style. Dormers shall not
be constructed to be
higher than the roof’s
dominant ridgeline in
order to preserve the
original scale and form
of the building from the
street level and the
public right-of-way.
(g) Foundation. Foundation heights for new additions shall match the same
height as the original structure’s foundation. Foundation paneling of
“false” stone or brick, and landscape screening with bushes and
vegetation may be used in circumstances to mask the appearance of
different foundation materials.
(G) New Principal Structure Construction and Infill Development
(1) Purpose. The purpose of this section is to manage placement and design of new
principal structure construction on empty/unimproved or redeveloped lots in
traditional neighborhoods. New construction shall be compatible and
harmonious with other traditional homes and structures within the
surrounding blocks and the larger neighborhood. The overall intent of this
section is to ensure that new buildings and homes are compatible and
harmonious with the surrounding neighborhood.
(2) Applicability. New Construction/Infill Development - The regulations
contained in this Overlay shall be applicable to all new construction that is not
considered an addition or change to an existing building or structure. To
ensure the compatibility of new development of principal buildings and
structures within the overlay district with that of the surrounding community,
any new building or structure developed after the effective date of the Overlay
shall be subject to the regulations contained in the Overlay.
Acceptable locations of dormer additions
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(3) Definitions
(a) New Principal Structure Construction. New principal structure
construction is defined as the construction or building of new single or
two-family houses on existing lots or parcels.
(4) General Requirements. A new principal structure located within the Overlay
shall be compatible with the size, scale, set back, massing, material, and
character of the buildings which surround it on the same block. Achieving
compatibility must involve a careful consideration of the new building’s
placement on its lot, its overall design, use of materials and overall scale and
massing in relation to adjacent homes.
(a) Front Setbacks. Front setbacks for new principal structures shall be
consistent and align with the prevailing building setbacks found along the
block and surrounding neighborhood. Generally, a dominant rhythm of
spacing is established along a street by uniform lot and building width
and new buildings shall reinforce that rhythm. A distance equal to the
average of the existing front yard setbacks of the two lots principal
buildings abutting it is required for new construction. Where there are no
adjacent buildings, the maximum setback is 30 feet, and the minimum
setback is 15 feet.
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(b) Side and Rear Yard. Side and rear yard setback reductions for principal
structures may be considered in the determination for special exceptions
allowed by the Director of Community Development , or designee, based
on the following circumstances:
(i) Existing setback of primary structures and accessory structures
found in the immediate vicinity;
(ii) Setbacks of like structures historically found on the site as
determined by historic maps, site plans or photographs;
(iii) Shape of lot;
(iv) Alley access or lack thereof;
(v) Proximity of adjoining structures; and
(vi) Preservation of natural or historic features of the site.
(c) Stoops/entrance platforms and porches may encroach into required
setbacks by no more than 4 feet. Encroachments beyond 4 feet will require
approval for a setback variance.
(d) Scale and Height. The height of the main roof of a new principal structure
shall be compatible by not contrasting greatly with those of surrounding
buildings. For predominantly single and two-family residential
neighborhoods, the height of a new principal structure shall not exceed
the height of surrounding structures by more than one story. The overall
scale and height of the principal structure shall reference existing homes
in the surrounding block and not overpower adjacent homes in its height
or width.
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(e) Orientation. A principal structure and its front elevation and entrance shall
be oriented to the primary street. On corner lots, the principal structure
could be oriented to the side street as long as it meets all setback
requirements and includes the front entrance and a minimum of 25
percent of wall space is devoted to window or door openings. A porch
may include an entrance that is side-entered as long as the entrance is
oriented to the building front. Entrances with door glazing and sidelights
may be counted to the 25 percent window opening requirement.
(i) Front entrances shall be identified by a stoop/entrance platform
(with or without a staircase), or entrance porch. Full front and wrap-
around porches that include the front entrance are also acceptable.
A front entrance can also be accessed by porches, stoops or terraces
oriented to the side of the front elevation.
(f) Style and Form. New principal structure construction shall reflect and/or
be consistent with the architectural styles found along the block and
adjacent neighborhood. It is not required to replicate a certain
architectural style in exact detail, but a new building’s overall roof shape,
and door and window opening patterns and rhythms shall be consistent
with that particular style.
(g) Building Materials. The materials of the principal structure's facades front
or side facades/elevations shall be visually compatible, by not contrasting
greatly, with surrounding buildings in the block and surrounding
neighborhood. Modern and latter-day materials can be used as long as
they are suitable to the style and overall design of the house or principal
structure. Some contrast is allowed if such materials were typically used
within a given architectural style’s material palette or if a certain part of
house requires certain building materials, such as a sunroom.
(h) Windows and Doors. In new principal structures, the relationship of the
height and width of windows and doors, and the rhythm of solids (walls)
to voids (door and window openings) shall be compatible, by not
contrasting greatly, with surrounding buildings in the block or
surrounding neighborhood. New principal structures that create blank
walls and elevations are not permitted. A front or side façade/elevation
shall have at least 25 percent of its wall space devoted to window
openings, which shall follow a width-to-height ratio of 2:3 or 2:1. Doors
with glazing and sidelights may be counted towards the 25 percent
requirement. Window openings on the primary street-related front
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façade of new construction shall be representative of the window patterns
of similarly massed structures and architectural styles within the
surrounding block and neighborhood. In addition, windows on upper
floors on front or side façade/elevation shall not be taller than windows
on the main floor since, typically, first floors have higher ceilings than
upper floors. If no consistent or predominant window patterns can be
found within the adjacent block, this standard will not apply. Permitted
window materials are the same as those specified in Subsection (D)(4)-(5)
in the Existing Buildings: Windows and Doors of this Overlay Code.
(H) New Accessory Structure Construction and Driveways.
(1) Purpose. The purpose of this section is to manage design changes to existing
garages and the construction of new garages and driveways to traditional
residential homes in overlay districts established by this Section. Garages and
driveways are considered important architectural and landscape elements that
contribute to the overall appearance of a traditional home and its site. Their
preservation, maintenance and design are also important to ensure visual
compatibility and harmony within the larger neighborhood setting.
(2) Applicability
(a) Existing Garages/Carports – The regulations contained in this section of the
Overlay shall be applicable to common changes to existing garages and
accessory structures, such as the restoration/rehabilitation of garage doors
and windows and exterior siding and roof materials. In order to ensure
that common changes and repairs to existing garages are compatible with
the principal structure or house, any changes or addition within the
Overlay shall be subject to the regulations contained in this section.
(b) New Garages/Carport - The regulations contained in this Overlay shall be
applicable to all new garages and accessory buildings within the Overlay
District. To ensure the compatibility of new garages and accessory
structures within these districts with that of the principal structure, any
garage or accessory structure within these districts shall be subject to the
regulations contained in this section.
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(3) Definitions
(a) Garage. A covered building or structure constructed primarily to park and
shelter vehicles. A garage may be attached or detached from the principal
structure.
(b) Carport. A carport is a covered structure that offers limited protection and
shelter for vehicles. A carport may be free-standing or attached to the
house or principal structure.
(c) Driveway. A driveway is an area of pavement that provides vehicular access
from the property line to a garage, carport, or parking area.
(d) Two-Track Driveway. A two-track or double-track driveway provides two
narrow bands of pavement from the property line to a garage, carport or
parking area.
(I) Garages/Carports.
(1) New garages/carports for existing principal structures shall be constructed as
a detached or attached structure located in the rear portion of the lot.
(a) Where the rear lot area cannot accommodate a detached garage or attached
garage/carport, an attached garage or carport located on the side of the
principal structure may be considered if:
(i) Designed as an integral element of the principal structure
(ii) Recessed a minimum of 5 feet behind the principal structure’s front
façade
(iii) The roof line(s) of the principal structure is maintained.
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(2) Attached garages/carports facing the street shall be designed and detailed to
match or compliment the roof form and scale employed on the principal
structure. Attached garages/carports may also be connected to the house
through a breezeway.
(a) Design. New garages/carports that are visible from the street shall be
architecturally compatible and complimentary with the design of the
principal structure or house, including its color and style. Variation in
regard to roof shape and slope and the use of materials is allowed.
(b) Height. A new garage/carport shall be no taller than the principal structure.
(J) Driveways
(1) New driveways must be constructed with durable materials such as concrete,
asphalt, brick, stone and permeable pavers. Crushed stone and gravel is not
permitted.
Attached garage
Attached carport
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(a) Two-Track/Drive Strips. Two-track/drive strips driveways can be installed
in lieu of a full driveway as long as they are constructed in durable
materials, including concrete, asphalt, brick, stone, or permeable pavers.
(b) Shared Driveways. Any new shared driveway must only serve two lots and
shall be designed as a single lane of at least sixteen feet, not just two
driveways next to each other. A single eight to twelve feet wide lane that
widens to a double lane of at least 16 feet deeper into the lot is also
permitted.
(i) A cross access easement between the two lots is required
Driveway types
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Section 30-162: (NTD-O) Neo-Traditional Development Overlay Zoning District
(A) Purpose and Intent.
(1) Statutory Authorization. This Ordinance is adopted pursuant to the authority
contained in Sections 62.23 and 66.1027 of the Wisconsin Statutes.
(2) Purpose. The purpose of this Ordinance is to allow the optional development
and redevelopment of land in the City of Oshkosh, consistent with the design
principles of traditional neighborhoods. A traditional neighborhood:
(a) Is compact;
(b) Is designed for the human scale;
(c) Provides a mix of uses, including residential, commercial, civic, and open
space uses in close proximity to one another within the neighborhood;
(d) Provides a mix of housing styles, types, and sizes to accommodate
households of all ages, sizes, and incomes;
(e) Incorporates a system of relatively narrow, interconnected streets with
sidewalks, bikeways, and transit that offer multiple routes for motorists,
pedestrians, and bicyclists and provides for the connections of those
streets to existing and future developments;
(f) Retains existing buildings with historical features or architectural features
that enhance the visual character of the community;
(g) Incorporates significant environmental features into the design;
(h) Is consistent with the City’s comprehensive plan.
(i) Applicability
(3) The Traditional Neighborhood Development Ordinance is an alternative set of
standards for development within the City for new development of 10 acres or
more contiguous to existing development and redevelopment or infill
development of 1.5 acres or more.
(B) Application Procedure and Approval Process
(1) Zoning Phase
(a) Initial Conference. Before submitting an application for a Traditional
Neighborhood Development project, the applicant shall schedule an
appointment and meet with the Department of Community Development
staff to discuss the procedure for approval of a Traditional Neighborhood
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Development project, including submittal requirements and design
standards.
(b) Zoning Application Requirements. Following the initial conference, the
applicant shall submit an application for a zoning map amendment to a
Traditional Neighborhood Development District. The application shall
be accompanied by a General Implementation Plan.
(c) General Implementation Plan Submittal Requirements. The purpose of
the general implementation plan is to establish the intent, density, and
intensity for a proposed development. The General Implementation Plan
shall include the following:
(i) A general location map of suitable scale, but no less than 1 inch = 200
feet, which shows the location of the property within the community
and adjacent parcels including locations of any public streets,
railroads, major streams or rivers and other major features within
1,000 feet of the site.
(ii) A site inventory and analysis to identify site assets or resources, and
constraints, including but not limited to floodplains, wetlands and
soils classified as “poorly drained” or “very poorly drained,” soils
with bedrock at or within 42 inches of the surface, utility easements
for high-tension electrical transmission lines (>69KV), steep slopes
greater than 15%, and brownfields.
(iii) A conceptual site plan, at a scale of no less than one inch = 100 feet,
which indicates topography in two foot contours for sites with 15
feet or more of local relief, or one foot contours for local sites with
less than 15 feet of local relief, consisting of a map with proposed
features and existing site features and uses that will remain. These
features should include building outlines, location of streets, transit
stops, drives and parking areas, pedestrian and bicycle paths, service
access areas for receiving material and trash removal, and other
impervious surfaces. The location of proposed and existing to
remain trees and shrubs should also be included, along with any
other significant features.
(iv) A conceptual storm water management plan identifying the
proposed patterns of major stormwater runoff, locations of
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stormwater infiltration areas, and other significant stormwater best
management practices.
(v) Identification of the architectural style(s) of the Traditional
Neighborhood Development and the accompanying site design
style(s). The design style of the Traditional Neighborhood
Development shall be conveyed with drawings or computer
simulations of typical proposed building elevations (including
dimensions of building height and width, and facade treatment).
(vi) A written report that provides general information about the
covenants, conservation easements, or agreements which will
influence the use and maintenance of the proposed development.
The report shall also describe the site conditions and the
development objectives.
(vii) Any other information deemed necessary by the City in order to
evaluate plans.
(viii) Five (5) copies of the above information shall be submitted plus one
(1) reduced set no larger than 8 1/2 " x 11".
(2) Development Phase
(a) Conditional Use Permit Requirement. Prior to issuance of any permits for
development within a Traditional Neighborhood Development District
an application shall be submitted for a Conditional Use Permit for review
and approval of a Specific Implementation Plan. The purpose of the
Specific Implementation Plan is to establish a detailed development
proposal. The Specific Implementation Plan can be proposed, reviewed,
and acted upon as a whole or in part or phases.
(b) Specific Implementation Plan Submittal Requirements. The applicant
shall submit a series of plans, maps, and written materials which include
the following information:
(i) A general location map of suitable scale which shows the boundaries
and dimensions of the property within the context of the City and
adjacent parcels, including locations of any public streets, railroads,
major streams or rivers and other major features within 1,000 feet of
the site, along with a legal description of the property.
(ii) A site inventory and analysis to identify site assets or resources, and
constraints, including but not limited to floodplains, wetlands and
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soils classified as “poorly drained” or “very poorly drained,” soils
with bedrock at or within 42 inches of the surface, utility easements
for high-tension electrical transmission lines (>69KV), slopes greater
than 15%, and brownfields.
(iii) A site plan, including proposed topographic contours at one foot
intervals, with the following information:
(aa) the location of proposed structures and existing structures that
will remain, with height and gross floor area noted;
(bb) the location of street and pedestrian lighting, including lamp
intensity and height;
(cc) the location of proposed open space;
(dd) the circulation system indicating pedestrian, bicycle, and motor
vehicle movement systems, including existing and proposed
public streets or right-of-ways; transit stops; easements or
other reservations of land on the site; the location and
dimensions of existing and proposed curb cuts, off-street
parking and loading spaces, including service access for
receiving and trash removal; sidewalks and other walkways;
(ee) location of all trees, shrubs, and ground cover (proposed or
existing) to remain on the site.
(iv) A stormwater management plan for the site. The grading plan shall
show existing and proposed ground elevations with contours (one-
foot contour interval) and spot elevations at significant high points,
low points, and transition points. The grading plan shall also note
the finished ground floor elevations of all buildings. The plan shall
also show the locations of all storm drainage sewers and structures,
and infiltration or detention/retention structures; and all wetlands
on the site, using the Federal Manual For Identifying and
Delineating Jurisdictional Wetlands, and copies of documents
completed in making the wetlands identification.
(v) Detailed elevations of all proposed commercial buildings and typical
elevations of residential buildings. Scaled elevations should identify
all signs, building materials and percentage of ground floor
commercial facade in windows; the location, height and material for
screening walls and fences, including outdoor trash storage areas,
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electrical, mechanical and gas metering equipment, storage areas for
trash and recyclable materials, and rooftop equipment.
(vi) A utilities plan showing lines and structures for sanitary sewers,
electricity, gas, telecommunications, etc.
(vii) A written report, which completely describes the proposal and
indicates covenants or agreements that will influence the use and
maintenance of the proposed development. The report also shall
describe the analysis of site conditions and the development
objectives.
(viii) Phasing plans, where applicable.
(ix) Any other information deemed necessary by the Plan Commission or
Common Council in order to evaluate plans.
(x) Five (5) copies of the above information shall be submitted, plus one
(1) reduced set no larger than 8-1/2" x 11".
(3) Amendments to the Specific Implementation Plan
(a) Minor changes to the Specific Implementation Plan may be approved by
the Department of Community Development, provided the changes do
not involve:
(i) Increases or decreases of less than ten percent (10%) in floor area of
structures or number of dwelling units.
(ii) Change in exterior building material.
(iii) Alteration of any conditions attached or modification to the Specific
Implementation Plan made by the Common Council.
(b) A major change to a Specific Implementation Plan, which is less restrictive
than any conditions of approval for the initial Specific Implementation
Plan, shall require submittal of a Conditional Use Permit request and
review and approval by the Plan Commission and Common Council.
(4) Subdivision of Land. If the Traditional Neighborhood Development involves
the subdivision of land as defined in the City’s Land Subdivision Ordinance,
the applicant shall submit all required land division documents in
accordance with the requirements of the Land Subdivision Ordinance and
Chapter 236 of the Wisconsin Statutes. If there is a conflict between the
design standards of the Land Subdivision Ordinance and the design
guidelines of the approved Traditional Neighborhood Development District,
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the provisions of the approved Traditional Neighborhood Development
District shall apply.
(5) Ownership and Maintenance of Public Space: Provision shall be made for the
ownership and maintenance of streets, squares, parks, open space, and other
public spaces in a Traditional Neighborhood Development District by
dedication to the City.
(6) Recording of Documents. The following documents need to be filed by the
applicant in the County Register of Deeds Office within 10 days after
approval of the document by the Common Council: a certified copy of the
zoning ordinance amendment designating a tract of land as a Traditional
Neighborhood Development; the general implementation plan; and the
specific implementation plan.
(C) Traditional Neighborhood Development Design Standards
(1) Neighborhood Uses. In order to achieve the proximity necessary to make
neighborhoods walkable, it is important to mix land uses. A traditional
neighborhood development should consist of a mix of residential uses, a
mixed use area, and open space as provided below:
(a) A mix of residential uses of the following types can occur anywhere in the
traditional neighborhood development. For infill development, the mix
of uses may be satisfied by existing uses adjacent to the Traditional
Neighborhood Development.
(i) Single-family detached dwellings;
(ii) Single-family attached dwellings, including duplexes, townhouses,
row houses;
(iii) Multifamily dwellings, including senior housing;
(iv) Secondary dwelling units;
(v) Special needs housing, such as community living arrangements and
assisted living facilities.
(b) Mixed used area, comprising commercial, residential, civic or
institutional, and open space uses as identified below. All residential
units should be encouraged to be within approximately 1/4 mile or a 5
minute walk from existing or proposed commercial, civic, and open space
areas. Gross building area attributed to a single business should not
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exceed 6,000 square feet in size and no commercial business may have
drive-thrus.
(i) Commercial uses
(aa) Food services. For example: neighborhood grocery stores;
butcher shops; bakeries; restaurants; cafes; coffee shops;
neighborhood bars or pubs; and similar type uses.
(bb) Retail uses. For example: florists or nurseries; hardware stores;
stationery stores; book stores; studios and shops of artists and
artisans; and similar type uses.
(cc) Services. For example: day care centers; music, dance or
exercise studios; offices, including professional and medical
offices; barber; hair salon; dry cleaning; and similar type uses.
(dd) Accommodations. For example: bed and breakfast
establishments, small hotels or inns; and similar type uses.
(ii) Residential uses
(aa) Single-family attached dwellings, including duplexes,
townhouses, row houses;
(bb) Multifamily dwellings, including senior housing;
(cc) Residential units located on upper floors above commercial
uses or to the rear of storefronts;
(dd) Live/work units that combine a residence and the resident’s
workplace;
(ee) Special needs housing, such as community living arrangements
and assisted living facilities.
(iii) Civic or institutional uses
(aa) Municipal offices, fire stations, libraries, museums, community
meeting facilities, and post offices;
(bb) Transit shelters;
(cc) Places of worship;
(dd) Educational facilities.
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(iv) Open space uses
(aa) Central square;
(bb) Neighborhood park;
(cc) Playground.
(c) Open space uses identified below should be incorporated in the
traditional neighborhood development as appropriate. Large outdoor
recreation areas should be located at the periphery of neighborhoods
rather than central locations.
(i) Environmental corridors;
(ii) Protected natural areas;
(iii) Community parks;
(iv) Streams, ponds, and other water bodies;
(v) Stormwater detention/retention facilities.
(2) Development Units. The number of residential dwelling units and the
amount of nonresidential development (excluding open spaces) shall be
determined as follows, given that a net acre of land is an acre of land
excluding street rights-of-way and other publicly-dedicated improvements
such as parks, open space, and stormwater detention and retention facilities:
(a) In areas devoted to mixed residential uses:
Figure 1. Plan-view conceptual diagrams of
neighborhood commercial “service areas"
(hexagons). Each hexagon represents a
neighborhood with a mixed-use center (dot)
that is within a five-minute walking distance of
the neighborhood’s edge. Clusters of
neighborhoods (larger hexagon) can support
more extensive commercial development than
individual neighborhoods. The appropriate
amount of commercial uses within a traditional
neighborhood development depends on the
location, or community context, of the new
development (darker shaded hexagon).
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(i) The number of single-family attached and detached units permitted
shall be a minimum of 7 dwelling units and a maximum of 16
dwelling units per net acre;
(ii) The number of multi-family units shall be a minimum of 17 and a
maximum of 40 dwelling units per net acre.
(iii) A maximum of one secondary dwelling unit shall be permitted per
lot.
(iv) No more than 65 percent of any lot shall be covered by structures.
(v) For each affordable housing unit provided under this section, one
additional dwelling unit shall be permitted, up to a maximum 15
percent increase in dwelling units.
(b) In mixed use areas:
(i) The number of single-family and multi-family dwelling units
permitted shall be calculated the same as above plus an additional
number of units not to exceed 10 percent of the amount permitted
above.
(ii) All dwelling units constructed above commercial uses shall be
permissible in addition to the number of dwelling units authorized
under this section. However, the total number of dwelling units
shall not be increased by more than 10 dwelling units or 10 percent,
whichever is greater.
(iii) The total ground floor area of nonresidential development uses,
including off-street parking areas, shall not exceed 25 percent of the
traditional neighborhood development net acreage.
(3) Open Space. At least 20 percent of the gross acreage of the Traditional
Neighborhood Development must be open space. Open space may include
undevelopable areas such as steep slopes and wetlands, and storm water
detention and retention basins. At least 25 percent of the open space must be
common open space dedicated to the public for parkland. To the maximum
extent feasible, lots within the area devoted to residential uses shall be within
a 1/4 mile or a 5 minute walk from common open space.
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(4) Lot and Block Standards
(a) Block and lot size diversity. The perimeter of the blocks in the
development should generally be in the range of 200-300 feet deep by 400-
600 feet long. A variety of lot sizes should be provided to facilitate
housing diversity and choice and meet the projected requirements of
people with different housing needs.
(b) Lot Widths. Lot widths should create a relatively symmetrical street cross
section that reinforces the public space of the street as a simple, unified
public space. The minimum lot width shall be 30 feet.
(c) Lot Depth. The depth of a lot shall
not be greater than three times the
lot width.
(d) Building Setback, Front - Mixed
Use Area. Structures in the mixed
use area have no minimum
setback. Commercial and civic or
institutional buildings should abut
the sidewalks in the mixed use
area.
(e) Building Setback, Front - Areas of
Mixed Residential Uses. Single-
family detached residences, single-
family attached residences, and
multifamily residences shall have a building setback in the front between
5 and 20 feet.
(f) Building Setback, Rear - Areas of Mixed Residential Uses. The principal
building on lots devoted to single-family detached residences shall be
setback no less than 30 feet from the rear lot line. Any accessory structures
shall have a setback no less than 20 feet from the rear lot line. Any
secondary residential unit shall have a setback no less than seven and one-
half (7 ½) feet from the rear lot line.
(g) Side Setbacks. Seven and one-half (7 ½) feet on each side, or one yard may
be zero, if attached at the lot line and the opposing yard is 15 feet.
Figure 2. Plan-view diagram of a street
grid showing a diversity of lot (parcel)
sizes.
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(5) Circulation Standards
(a) The circulation system shall allow for different modes of transportation.
The circulation system shall provide functional and visual links within
the residential areas, mixed use area, and open space of the traditional
neighborhood development and shall be connected to existing and
proposed external development and circulation systems. The circulation
system shall provide adequate traffic capacity, provide connected
pedestrian and bicycle routes (especially off street bicycle or multi-use
paths or bicycle lanes on the streets), control through traffic, limit lot
access to streets of lower traffic volumes, and promote safe and efficient
mobility through the traditional neighborhood development.
(b) Pedestrian Circulation. Convenient pedestrian circulation systems that
minimize pedestrian-motor vehicle conflicts shall be provided
continuously throughout the Traditional Neighborhood Development.
Where feasible, any existing pedestrian routes through the site shall be
preserved and enhanced. All streets, except for alleys, shall be bordered
by sidewalks on both sides in accordance with the specifications listed in
Table 1. The following provisions also apply:
(i) Public Sidewalks. Clear and well-lighted walkways shall connect
building entrances to the adjacent public sidewalk and to associated
parking areas. Such walkways shall be a minimum of 5 feet in width.
(ii) Crosswalks. Intersections of sidewalks with streets shall be designed
with clearly defined edges.
Figure 3. Plan-view diagram of the zero-
lot line concept. A large side-yard on
each parcel is created by uniformly
eliminating one of the side-yard setbacks.
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(iii) Bicycle Circulation. Bicycle circulation shall be accommodated on
streets and/or on dedicated bicycle paths. Where feasible, any
existing bicycle routes through the site shall be preserved and
enhanced. Facilities for bicycle travel may include off-street bicycle
paths (generally shared with pedestrians and other non-motorized
users) and separate, striped, 4 foot bicycle lanes on streets. If a
bicycle lane is combined with a lane for parking, the combined width
should be 14 feet.
(iv) Public Transit Access. Where public transit service is available or
planned, convenient access to transit stops shall be provided. Where
transit shelters are provided, they shall be placed in highly visible
locations that promote security through surveillance, and shall be
well-lighted. The shelter design shall coordinate with the TND
architectural style.
(v) Motor Vehicle Circulation. Motor vehicle circulation shall be designed
to minimize conflicts with pedestrians and bicycles. Traffic calming
features such as curb extensions, traffic circles, and medians may be
used to encourage slow traffic speeds.
(aa) Street Hierarchy. Each street within a traditional neighborhood
development shall be classified according to the following
(arterial streets should not bisect a traditional neighborhood
development):
(1) Collector. This street provides access to commercial or
mixed-use buildings, but it is also part of the City's major
street network.
(2) Subcollector. This street provides primary access to
individual residential properties and connects streets of
lower and higher function. Design speed is 25 mph.
(3) Local Street. This street provides primary access to
individual residential properties. Traffic volumes are
relatively low, with a design speed of 25 mph.
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(4) Alley. These streets provide secondary access to
residential properties where street frontages are narrow,
where the street is designed with a narrow width to
provide limited on-street parking, or where alley access
development is desired to increase residential densities.
Alleys may also provide delivery access or alternate
parking access to commercial properties.
Table 1: Attributes of Streets in a Traditional Neighborhood Development
Collector
Subcollector
Local Street
Alley
Average Daily
Trips
750 or more
750-1500
Less than 250
Not applicable
Right-of-Way
76-88 feet
48-72 feet
35-50 feet
12-16 feet
Auto travel
lanes
Two or three 12
feet lanes
Two 10 feet lanes
Two 10 feet lanes,
or
one 14 feet
(queuing) lane
Two 8 feet lanes for
two-way traffic, or
one 12 feet lane for
one-way traffic
Bicycle lanes
Two 6 feet lanes
combined with
parking lanes
4 feet lanes with
no parking, or 6
feet lanes
combined with
parking lanes
None
None
Parking
Both sides, 8 feet
None, one, or both
sides,
8 feet
None or one side,
8 feet
None
(access to individual
drives & garages
outside Right-of-
way)
Curb and gutter
Required
Required
Required
Not Applicable
Planting strips
Minimum 6 feet
Minimum 6 feet
Minimum 6 feet
None
Street Furniture
Required
Not required
Not required
Not required
Sidewalks
Both sides, 5 feet
minimum
Both sides, 5 feet
Both sides, 5 feet
None
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(vi) Street Layout. The traditional neighborhood development should
maintain the existing street grid, where present, and restore any
disrupted street grid where feasible. In addition:
(aa) Streets shall intersect each other as nearly as possible at right
angles and not more than two (2) streets shall intersect at one
point unless approved by the Plan Commission. Low volume
streets may form three-way intersections creating an inherent
right-of-way assignment (the through street receives
precedence) which significantly reduces accidents without the
use of traffic controls.
Figure 4a. Schematic sketch of a typical local
street cross-section. Table 1 lists the
recommended dimensions of each component:
A) building setback from street right-of-way;
B) walkway; C) planting area; F) travel lane.
Figure 4b. Schematic sketch of a typical sub-
collector street cross-section. Table 1 lists the
recommended dimensions of each component:
A) building setback from street right-of-way;
B) walkway; C) planting area; E) bicycle lane;
F) travel lane.
Figure 4c. Schematic sketch of a typical
collector street cross-section. Table 1 lists the
recommended dimensions of each component:
A) building setback from street right-of-way;
B) walkway; C) planting area; D) parking lane;
E) bicycle lane; F) travel lane.
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(bb) Corner radii. The roadway edge at street intersections shall be
rounded by a tangential arc with a recommended radius of 15
feet for local streets and 20 feet for intersections involving
collector or arterial streets. The intersection of a local street and
an access lane or alley shall be rounded by a tangential arc with
a maximum radius of 10 feet.
(cc) Curb cuts for driveways to individual residential lots shall be
prohibited along arterial streets. For commercial, civic, or
multifamily residential uses, curb cuts shall be limited to
intersections with other streets or access drives to parking
areas.
(dd) The orientation of streets should enhance the visual impact of
common open spaces and prominent buildings, create lots that
facilitate passive solar design, and minimize street gradients.
All streets shall terminate at other streets or at public land,
except local streets may terminate in stub streets when such
streets act as connections to future phases of the development.
Local streets may terminate other than at other streets or public
land when there is a connection to the pedestrian and bicycle
path network at the terminus.
(ee) Provision of Utilities. All utilities shall be located
underground.
(vii) Parking requirements. Parking areas for shared or community use
should be encouraged. All off-street parking areas shall adhere to
Article XII – Off-Street Parking and Loading Facilities. In addition:
(aa) In the mixed use area, any parking lot shall be located at the rear
or side of a building.
(bb) A parking lot or garage may not be adjacent to or opposite a street
intersection.
(cc) In the mixed use area, a commercial use must provide one parking
space for every 500 square feet of gross building area. The
developer must show evidence of available parking for the
residential tenants within a 1/4 mile or a 5 minute walk.
(dd) Public access parking lots or garages must provide not less than
one bicycle parking space for every 10 motor vehicle parking
spaces.
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(ee) In the mixed residential areas, parking may be provided on-
site. One off-street parking space with unrestricted ingress and
egress shall be provided for each secondary dwelling unit.
(ff) The setbacks of off-street parking area for multifamily or for
non-residential uses shall be as follows: front – 25 feet, side yard
– 5 feet, and rear yard – 10 feet.
(gg) The setbacks of off-street parking area for residential areas with
a garage accessed from an alley shall meet the following
setbacks: rear – 0 feet and side yard – same as the principal
structure.
(hh) The setbacks of off-street parking area for residential areas with
a garage accessed from the front of the lot shall meet the
following setbacks: rear yard – 10 feet and side yard – same as
the principal structure.
(ii) All off-street parking must be screened in accordance to section
30-175(I) of the Zoning Ordinance.
(jj) Service access. Access for service vehicles should provide a
direct route to service and loading dock areas, while avoiding
movement through parking areas.
(kk) Paving. Reduction of impervious surfaces through the use of
interlocking pavers is strongly encouraged for areas such as
remote parking lots and parking areas for periodic uses.
(6) Architectural Standards. A variety of architectural features and building
materials is encouraged to give each building or group of buildings a distinct
character.
(a) Guidelines for Existing Structures
(i) Existing structures shall be protected from demolition or
encroachment by incompatible structures or landscape
development, if they are determined to:
(aa) Be historic or architecturally significant;
(bb) Contribute to the overall pattern of existing development; or
(cc) Provide an appropriate transition between existing
development and proposed TND infill.
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(ii) The U.S. Secretary of the Interior’s Standards for Rehabilitation of
Historic Properties shall be used as the criteria for renovating
historic or architecturally significant structures.
(b) Guidelines for New Structures
(i) Height. New structures within a Traditional Neighborhood
Development shall be no more than 3 stories for single-family
residential, or 5 stories for commercial, multi-family residential, or
mixed use. Garages for residential uses shall be not more than 2
stories.
(ii) Entries and Facades
(aa) The architectural features, materials, and the articulation of a
facade of a building shall be continued on all sides visible
from a public street.
(bb) The front facade of the principal building on any lot in a
Traditional Neighborhood Development shall face onto a
public street.
(cc) The front facade shall not be oriented to face directly toward
a parking lot.
(dd) Porches, pent roofs, roof overhangs, hooded front doors or
other similar architectural elements shall define the front
entrance to all residences.
(ee) For commercial buildings, a minimum of 50 percent of the
front facade on the ground floor shall be transparent,
consisting of window or door openings allowing views into
and out of the interior. Canvas or metal awnings are
permitted for signage.
(ff) New structures on opposite sides of the same street should
follow similar design guidelines. This provision shall not
apply to buildings bordering civic uses.
(gg) Buildings should be no more than 30% taller or 30% shorter
than the average building height on the block.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 – Article VI - Page 108 Municipal Codes
(c) Guidelines for garages and secondary dwelling units. Garages and
secondary dwelling units may be placed on a single-family detached
residential lot within the principal building or as an accessory building
provided that the secondary dwelling unit does not exceed 800 square feet
and the garages does not exceed 600 feet.
(d) Guidelines for exterior signage. A comprehensive sign program is
required for the entire Traditional Neighborhood Development which
establishes a uniform sign theme. Signs shall share a common style (e.g.,
size, shape, material). In the mixed use area, all signs shall be wall signs
or cantilever signs. Cantilever signs shall be mounted perpendicular to
the building face and shall not exceed [8] square feet.
Figure 5. Schematic elevation sketches of
two multi-storied buildings with equal
heights and widths. Architectural details
such as porches, windows, and roof
dormers "articulate" a building's facade
(right) which enhances visual quality and
contributes to a human-scaled
development.
Figure 6. Plan-view diagrams of four
alternative garage locations on a single-
family housing lot: a) detached garage is
accessed from an alley; b and c) attached
garage is accessed from the local street, d)
detached garage, behind the house, is
accessed from the local street.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 – Article VI - Page 109 Municipal Codes
(7) Landscaping and Screening Standards. Overall composition and location of
landscaping shall complement the scale of the development and its
surroundings. In general, larger, well-placed contiguous planting areas shall
be preferred to smaller, disconnected areas. Where screening is required by
this Ordinance, it shall be at least 3 feet in height, unless otherwise specified.
Required screening shall be at least 50 percent opaque throughout the year.
Required screening shall be satisfied by one or some combination of: a
decorative fence not less than 50 percent opaque behind a continuous
landscaped area, a masonry wall, or a hedge.
(a) Street trees. A minimum of one deciduous canopy tree per 40 feet of
street frontage, or fraction thereof, shall be required. Trees can be
clustered and do not need to be evenly spaced. Trees should preferably
be located between the sidewalk and the curb, within the landscaped
area of a boulevard, or in tree wells installed in pavement or concrete.
If placement of street trees within the right-of-way will interfere with
utility lines, trees may be planted within the front yard setback adjacent
to the sidewalk.
(b) Parking area landscaping and screening. All parking and loading areas
fronting public streets or sidewalks, and all parking and loading areas
abutting residential districts or uses, shall provide:
(i) A landscaped area at least 5 feet wide along the public street or
sidewalk.
(ii) Screening at least 3 feet in height and not less than 50 percent
opaque.
(iii) One tree for each 25 linear feet of parking lot frontage.
(c) Parking area interior landscaping. The corners of parking lots,
“islands,” and all other areas not used for parking or vehicular
circulation shall be landscaped. Vegetation can include turf grass,
native grasses or other perennial flowering plants, vines, shrubs or trees.
Such spaces may include architectural features such as benches, kiosks
or bicycle parking.
(i) In large parking lots containing more than 200 spaces, an
additional landscaped area of at least 300 square feet shall be
provided for each 25 spaces or fraction thereof, containing one
canopy tree. The remainder shall be covered with turf grass, native
grasses or other perennial flowering plants, vines or shrubs.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 – Article VI - Page 110 Municipal Codes
(d) Installation and Maintenance of Landscaping Materials. All landscape
materials shall be installed to current industry standards. Maintenance
and replacement of landscape materials shall be the responsibility of the
property owner. Landscape maintenance should incorporate
environmentally sound management practices, including the use of
water- and energy-efficient irrigation systems such as drip irrigation,
and pruning primarily for plant health and public safety, replacing dead
materials annually.
(e) Materials. All plant materials must meet the minimum standards set by
the American National Standards Institute in ANSI Z60.1 American
Standard for Nursery Stock. Landscape species shall be indigenous or
proven adaptable to the climate, but shall not be invasive species. Plant
materials shall comply with the following standards:
(i) Minimum plant size shall be specified as follows (for the purpose
of determining tree trunk size, the diameter shall be measured 6
inches above ground level):
Plant Type Minimum Size
Evergreen tree 6 feet in height
Deciduous canopy tree 22 inches caliper at dbh*
Small deciduous tree 12 inches caliper at dbh*
Evergreen or deciduous shrubs 18 - 24 inches in height
*dbh = diameter at breast height
(ii) Landscape materials shall be tolerant of specific site conditions,
including but not limited to heat, drought and salt.
(iii) Existing healthy plant material may be utilized to satisfy
landscaping requirements, provided it meets the minimum plant
size specified above.
(iv) Landscape materials that are used for screening shall be of a size
that allows growth to the desired height and opacity within 2
years.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 – Article VI - Page 111 Municipal Codes
Section 30-163: (UT-O) University Transition Overlay Zoning District
(A) Intent. The purpose of this overlay district is to provide the opportunity for slightly
higher density residential uses within traditional residential neighborhoods that are
in close proximity to the University of Wisconsin-Oshkosh campus area.
(B) Principal Uses Permitted By Right.
(a) Land uses permitted by right in the underlying zoning district.
(b) Roommate Living Arrangement
(C) Principal Uses Permitted as Conditional Use.
(1) Land uses permitted by conditional use permit in the underlying zoning
district.
(2) Select Institutional Residential Uses as listed below:
(a) Fraternities and Sororities
(3) Vacation Rental Home
(4) Bed and Breakfast
(D) Accessory and Temporary Land Uses. Refer to the underlying zoning district.
Section 30-164: (PRE-O) Parking Requirement Exemption Overlay District
[Created 4.28.20]
(A) Purpose. The purpose of this overlay district is to accommodate smaller sites
within the City of Oshkosh’s Central City areas that would otherwise be unable to
provide required off-street parking hampering new development or reuse of
existing structures.
(B) Within the Parking Requirement Exemption Overlay District (PRE-O), the parking
requirements of this Chapter are hereby waived for nonresidential uses. However,
when off-street parking facilities are provided, such facilities shall meet the
requirements of this Chapter, except in respect to the number of required spaces.
(C) Mixed-use/upper floor residential uses need only provide evidence of the
availability of off-street public or private parking in the amount of 1 parking space
per dwelling unit within 1,000 feet of the unit.
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City of Oshkosh Chapter 30 – Article VI - Page 112 Municipal Codes
(D) See Figures 30-164a through 30-164c for locations of the Parking Requirement
Exemption Overlay District.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 – Article VI - Page 113 Municipal Codes
Sections 30-165 to 30-169: Reserved [Revised 4.28.20]
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 – Article VI - Page 114 Municipal Codes
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