HomeMy WebLinkAboutChapter 30 - Article XXVI - Extraterritorial Zoning AdministrationCity of Oshkosh Zoning Ordinance Municipal Code
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ARTICLE XXVI: EXTRATERRITORIAL ZONING ADMINISTRATION
SECTION 30-700 INTENT, SCOPE, AND AUTHORITY
(A) Minimum Standards. The provisions of this Chapter shall be held to be minimum
requirements adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the City of Oshkosh and Town of Algoma.
(B) Existing Easements. It is not intended by this Chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, or agreements between
parties or with any rules, regulations, or permits previously adopted or issued
pursuant to laws; provided, however, that where this Ordinance imposes a greater
restriction upon the use of structures or premises, or upon the height of structures
or premises, or requires larger open spaces than are required by other rules,
regulations or permits, or by easements, covenants, or agreements, the provisions
of this Ordinance shall govern.
(C) Intent. The intent of these Extraterritorial Zoning (ETZ) regulations is to promote
public health, safety, and general welfare, and to provide sound controls over land
uses within the areas over which the governing body of the City of Oshkosh has
jurisdiction pursuant to Section 62.23(7a) of the Wisconsin Statutes.
(D) Scope. The restrictions and requirements set forth in this Chapter shall be deemed
the minimum necessary to conserve the value of land and buildings and encourage
the most appropriate use of land, to lessen congestion in the streets, secure safety
from fire and other dangers, promote health and general welfare, provide adequate
light and air, prevent overcrowding of land, avoid undue concentration of
population, and facilitate the adequate provision of transportation, water, sewers,
schools, parks, and other public requirements.
(E) Authority. Should the requirements of this Chapter be found in conflict with any
State Statute, local ordinance, or regulation, or any existing easement, covenant, or
agreement, or any permits previously issued pursuant to law applicable to the use
of any land or structure in the area specified herein as the extraterritorial zoning
jurisdiction limits, the more restrictive law, ordinance, regulation, restriction, or
requirement shall govern.
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SECTION 30-701 DESCRIPTION OF EXTRATERRITORIAL ZONING AREA
The lands affected by this Chapter are those described in Oshkosh Common Council
Resolution #03-55, dated February 25, 2003 and referred to in an intergovernmental
agreement between the City and the Town of Algoma, and is further shown in an exhibit
to that agreement, all of which are incorporated herein by reference. In the event of any
dispute regarding the location or extent of the ETZ area, the determination of whether an
area is included within or excluded from the extraterritorial zoning area shall refer to
Section 63.23(7a) of the Wisconsin Statutes, which requires all boundary lines to follow
government lot or survey section or fractional section lines or public roads.
SECTION 30-702 JOINT EXTRATERRITORIAL ZONING COMMITTEE
The Joint Extraterritorial Zoning Committee shall be organized and governed as
provided in Chapter 2 of this Municipal Code.
SECTION 30-703 GENERAL PROVISIONS
(A) Except as herein otherwise provided:
(1) Structures to Conform with Regulations for Each District. The use and height
of structures hereafter erected, converted, enlarged or structurally altered and
the use of any land shall be in compliance with the regulations established
herein for the district in which such land or structure is located.
(2) Reduction of Open Space and Density of Population. No lot areas shall be so
reduced that the yards and open spaces shall be smaller than is required by this
Ordinance, nor shall the density of population be increased in any manner
except in conformity with the area regulations hereby established for the
district in which a structure or premises is located.
(3) Interpretation of Open Space Requirements. No part of a yard or other open
space provided about any structure for the purpose of complying with the
provisions of this Ordinance shall be included as part of a yard or other open
space required for another structure.
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(B) In all areas zoned R-1 ETZ Single Family Residence Extraterritorial and R-2 ETZ
Two Family Residence Extraterritorial, all structures hereafter erected, converted,
enlarged or structurally altered shall be located on a lot and in no case shall there
be more than one (1) principal structure on one (1) lot unless otherwise authorized
through an approval of a Planned Development.
(C) Residential accessory structures, unless otherwise specified in other sections of this
Ordinance, are permitted in any district, but not until the principal structure is
present or under construction.
(D) Height. Where the Winnebago County Height Limitation Zoning map requires
heights less than the maximum height permitted by this Ordinance, the lesser height
requirement shall apply.
SECTION 30-704 NONCONFORMING USES
(A) Nonconforming Uses
(1) The existing lawful use of a structure or premises at the time of the enactment
of this Ordinance or any amendment thereto may be continued although such
does not conform with the provisions of this Chapter for the district in which
it is located, but such nonconforming use shall not be extended.
(2) If no structural alterations are made, a nonconforming use of a structure may
be changed to another nonconforming use of the same or a more restricted
classification. Whenever a nonconforming use has been changed to a more
restricted nonconforming use, or a conforming use, such use shall not
thereafter be changed to a less restricted use.
(3) If a nonconforming use of a structure or premises is discontinued for a period
of twelve (12) consecutive months, any future use of the structure or premises
shall conform to the regulations for the district in which it is located.
(4) If a premises contains an existing nonconforming use, a conforming use shall
not be permitted on that premises until such time that the nonconforming use
is discontinued or brought into compliance with the provisions of this
Ordinance.
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(5) When a structure containing a nonconforming use is damaged by fire,
explosion, act of god or the public enemy to the extent of more than fifty (50)
percent of its current total assessed value, it shall not be restored except in
conformity with the regulations of the district in which it is located.
(6) Passage of this Ordinance in no way legalizes any illegal uses existing at the
time of its adoption.
(B) Nonconforming Structures
(1) Structures which were constructed prior to the effective date of this Ordinance
which are conforming to the Ordinance as to use but do not conform as to
dimensional rules (setbacks, height, separations, etc.) and which are proposed
to be altered, are subject to the following requirements:
(a) Repairs and improvements of a maintenance nature are allowed.
(b) Alterations, additions and expansions which change the exterior dimension
of the structure and which conform to the dimensional rules of the
Ordinance are allowed.
(c) Alterations, additions and expansions which change the exterior
dimensions of the structure, and which do not conform to this Ordinance
but which do not increase the dimensional non-conformity beyond that
which existed before the work commenced, are allowed provided they do
not exceed fifty (50) percent of the current total assessed value of the
structure for the life time of the structure.
(d) No alterations, additions or expansions may occur which will increase the
dimensional non-conformity.
(2) If a two family dwelling, nonconforming in dimension only, is damaged or
destroyed to an extent greater than fifty (50) percent of its assessed value, it
may be restored or rebuilt, provided the lot has a minimum width of forty-five
(45) feet and the structure conforms to setback, building area, and height
regulations of the district in which it is located, and provided reconstruction
begins within twelve (12) months from the date it was damaged or destroyed.
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(3) If a single family dwelling, nonconforming in dimension only, is damaged or
destroyed to an extent greater than fifty (50) percent of its assessed value, it
may be restored or rebuilt, provided the structure conforms to setback and
height regulations of the district in which it is located.
(C) Nonconforming Parking/Loading Facilities. A structure or use existing lawfully at
the time this Zoning Ordinance became effective, but which does not conform with
the off-street parking or off-street loading regulations, may be occupied by the
existing use without such parking and/or loading facilities being provided. Any
parking spaces that may be provided shall be in accordance with the regulations set
forth in Section 30-728. Whenever a structure or use existing prior to the effective
date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor
area or in the area used, said structure or use shall then and thereafter comply with
the parking requirements set forth herein.
SECTION 30-705 ENFORCEMENT
(A) Enforcing Officer. The Director of Community Development, or designee, shall
serve as the Zoning Administrator. The Zoning Administrator shall enforce the
provisions of this Chapter.
(B) Building Permits
(1) No structure shall hereafter be erected, moved or structurally altered until a
building permit therefore shall have been applied for and issued.
(2) All applications for a building permit shall be accompanied by plans in
duplicate, drawn to scale, showing the location, actual shape and dimensions
of the lot to be built upon, the exact size and location on the lot of the proposed
or existing structure and accessory structure, the lines within which the
structure shall be erected, altered, or moved, the existing and/or intended use
of each structure or part of a structure, the number of families the structure is
intended to accommodate, and such other information with regard to the lot
and neighboring lots or structures as may be necessary to determine and
provide for the enforcement of this Chapter.
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(3) All dimensions shown relating to the location and size of the lot shall be based
upon an actual survey. The lot and the location of the structure thereon shall
be staked out on the ground before construction is started.
(4) Nothing herein contained shall require any change in the plans, construction,
size or designated use of any structure or part thereof for which a building
permit has been issued before the effective date of this Chapter and the
construction of which shall have been started within six (6) months from the
date of such permit.
(C) Certificate of Occupancy
(1) No vacant land shall be occupied or used and no structure hereafter erected,
altered or moved shall be occupied nor shall the use of land or structures be
changed until a certificate of occupancy has been issued by the Zoning
Administrator/Building Inspector. Such certificate shall show that the
structure or premises or part thereof and the proposed use thereof are in
conformity with the provisions of this Chapter. Such permit shall be issued
only when the structure or premises and the proposed use thereof conform
with all the requirements of this Chapter.
(2) The Zoning Administrator/Building Inspector may issue a temporary
certificate of occupancy if substantial compliance has been achieved and
proper assurances and commitments have been made for timely compliance
with all provisions of this Ordinance.
(3) Upon written request from the owner, the Building Inspector shall issue a
certificate of occupancy for any structure or premises existing at the time of
adoption of this Ordinance, certifying, after inspection, the extent and kind of
use made of the structure or premises and whether or not such use conforms
to the provisions of this Chapter.
SECTION 30-706 BOARD OF APPEALS
(A) Organization. The Board of Appeals shall be organized and governed as provided
in Chapter 2 of this Municipal Code.
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(B) Appeals: Procedure
(1) Any person feeling aggrieved by any order or ruling of the Director of
Community Development or designee may appeal from such order or ruling
to the Board of Appeals within fifteen (15) calendar days after written notice of
such order or ruling. The date of written notice or ruling shall be the date of
mailing of the Official Notice or the date of personal service of the Official
Notice. The Notice of Appeal shall be in writing and specify the reasons for
the appeal. The Board of Appeals shall act upon the appeal within sixty (60)
days of the filing of the Notice of Appeal.
(2) Application for appeal may be made when it is claimed that: the true intent of the
Codes or the rules legally adopted thereunder have been incorrectly interpreted;
the provisions of the Codes do not apply; enforcement of any provision may cause
unnecessary hardship; or specifically in the case of the building or housing code
appeals an equally good or better form of construction or repair can be used. All
appeals shall be accompanied by supporting data.
(a) Unnecessary hardship means:
(i) that no feasible use can be made of the property without the granting of the
appeal; and
(ii) that the hardship is something which is unique to this property and not
the owner of the property; and
(iii) that the hardship is not self-created; and
(iv) that the hardship is not solely economic.
(3) An appeal shall stay all enforcement activities and all legal proceedings in
furtherance of the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Appeals that by reason of the facts stated in the
certificate a stay would in the opinion of the officer, cause imminent peril to life or
property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by a court of record on application, on
notice to the officer from whom the appeal is taken, and upon due cause shown.
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(C) Procedures. The Board of Appeals shall adopt rules for its government and
procedure. Meetings of the Board of Appeals shall be held at the call of the
Chairman and at such times as the Board of Appeals may determine. The
Chairman, or in his absence the Acting Chairman, may administer oaths and
compel the attendance of witnesses. All meetings shall be open to the public.
The Board of Appeals shall take no action except in a specific case and after a public
hearing conducted by such Board. Notices of the time and place of such public
hearing shall be posted in at least three (3) public places. Notices shall be sent to
interested parties as determined by the secretary of the Board of Appeals. There
shall be at least a three (3) day period between the time of posting and the time of
the meeting excluding the day of posting. Such notice shall contain the particular
address or location of the property for which the variance or other ruling by the
Board of Appeals is sought, as well as a brief description of the nature of the appeal,
and of what the proposed variance consists.
(1) An appeal for a variance to the Zoning Ordinance may be filed and held only
three (3) times in any twelve (12) month period.
(2) Should a change in circumstances occur within said twelve (12) month period
which, in the appellant's opinion, changes the character of the appeal, then the
appellant shall, in that event:
(a) Submit a request for an additional hearing, outlining the changes in
circumstances which have occurred.
(b) The Board shall review the request of the appellant and if in the opinion of
three (3) members of the Board, there is sufficient change in said
circumstances to warrant a hearing, the Zoning Administrator shall
schedule said hearing under the normal rules of procedure of the Board of
Appeals.
(3) No order of the Board of Appeals permitting the erection or alteration of a
structure shall be valid for a period longer than six (6) months, unless a
building permit for such erection or alteration is obtained within such period
and such erection or alteration is started and proceeds to completion in
accordance with the terms of such permit.
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(4) No order of the Board of Appeals permitting a use of a structure or premises
shall be valid for a period longer than six (6) months, unless such use is
established within such period; provided, however, that where such use is
dependent upon the erection or alteration of a structure, such order shall
continue in force and effect if a building permit for said erection or alteration
is started and proceeds to completion in accordance with the terms of such
permits.
(5) The Board of Appeals may reverse or affirm wholly or in part or may modify
any order, requirement, decision or determination appealed from and shall
make such order, requirement, decision or determination as in its opinion
ought to be made in the premises and to that end shall have all the powers of
the Zoning Administrator, Building Inspector or Housing Inspector. The
concurring vote of four (4) members of the Board of Appeals shall be necessary
to reverse any order, requirement, decision or determination appealed from or
to decide in favor of the applicant on any matter on which it is required to pass
or to effect any variation in the requirements of this Ordinance. In exercising
the foregoing powers, the Board of Appeals may in appropriate cases, establish
suitable conditions and safeguards in harmony with the general purpose and
intent of this Chapter.
(D) Powers
(1) Hear Appeals. To hear and decide appeals where it is alleged there is an error
in any order, ruling, requirement, decision or determination made by the
Director of Community Development or designee.
(2) Authorize Variances. To authorize upon appeal in specific cases such variance
from the terms of this Chapter as will not be contrary to the public interest,
where owing to special conditions, a literal enforcement of the provisions of
the Ordinance will result in practical difficulty or unnecessary hardship, so that
the spirit of the Ordinance shall be observed, public safety and welfare secured,
and substantial justice done.
(3) Extend Districts. To permit the extension of a district where the boundary line
of a district divides a lot held in single ownership at the time of passage of this
Chapter.
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(4) Interpret Ordinance. To interpret the provisions of this Chapter in such a way
as to carry out the intent and purpose of the plan, as shown upon the map
fixing the several districts accompanying and made a part of this Chapter
where the street layout on the ground varies from the street layout as shown
on the map aforesaid.
(5) Vary Height and Area Regulations. Vary height and area regulations where
there is an exceptional or unusual physical condition of a lot, which condition
is not generally prevalent in the neighborhood and which condition when
related to the height and area regulations of this Ordinance would present a
reasonable or sensible arrangement of structures on the lot.
(6) Vary Parking Regulations. Vary the parking regulations where an applicant
demonstrates conclusively that the specific use of a structure would make
unnecessary the parking spaces required by this Chapter but providing that
such a reduction not be more than twenty-five (25) percent of the usual
requirement.
(7) Powers of Board Limited. The Board of Appeals has no other powers than
those specified above.
(E) Records and Minutes. The Board of Appeals shall keep minutes of its proceedings,
showing the action taken upon each question, and shall keep records of its
examinations and other official actions, all of which shall be immediately filed in
the office of the Board of Appeals and shall be a public record.
SECTION 30-707 AMENDMENT PROCEDURE FOR CHANGING BOUNDARIES
AND REGULATIONS
The Common Council may from time to time on its own motion or on petition after first
submitting the proposal to the Joint Extraterritorial Zoning Committee, amend,
supplement, or change the district boundaries or the regulations herein or subsequently
established by publication, in the official paper of a Class 2 notice, under Chapter 985,
Wis. Stats., of the proposed amendment, supplement or change and of hearing thereon,
and opportunity to any person interested to be heard.
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SECTION 30-708 CONDITIONAL USE PERMITS
(A) Conditional uses may be located in certain districts under certain conditions and
structures may be built higher than otherwise allowed with issuance of a
conditional use permit by the Common Council after referral to the Joint
Extraterritorial Zoning Committee for recommendation.
(B) Action by Joint Extraterritorial Zoning Committee. The Joint Extraterritorial Zoning
Committee shall review a request for a conditional use permit and make a report
and recommendation of denial, approval, or approval with conditions it may deem
appropriate to the Common Council.
(C) Action by the Common Council: The Common Council shall act to deny, approve,
or approve with conditions any conditional use permit before them for
consideration.
(D) Standards: When reviewing a conditional use permit, the Joint Extraterritorial
Zoning Committee and Common Council shall take into consideration, among
other things, the particular facts and circumstances of each proposed use in terms
of the following standards and shall find adequate evidence that such standards are
being satisfied.
No conditional use shall be recommended for approval or approval with conditions
by the Joint Extraterritorial Zoning Committee, and approved or approved with
conditions by the Common Council, unless it shall find the conditional use:
(1) Will not have a negative effect upon the health, safety, and general welfare of
occupants of surrounding lands; and
(2) Will be designed, constructed, operated, and maintained so as to be
harmonious, and be appropriate in appearance with the existing or intended
character of the general vicinity, and that such a use will not change the
essential character of the same area; and
(3) Will not be hazardous or disturbing to existing or future neighboring uses; and
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(4) Will not be detrimental to property in the immediate vicinity or to the
community as a whole; and
(5) Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse
disposal and schools and that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such
service; and
(6) Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets, alleys,
roads, or sidewalks; and
(7) Will for M-1 ETZ Light Industrial Extraterritorial District uses requested in C-
2 ETZ General Commercial Extraterritorial District, provide off-street parking
and loading facilities in accordance with Sections 30-175 and 30-176; and
(8) Will for M-1 ETZ Light Industrial Extraterritorial District uses requested in the
C-2 ETZ General Commercial Extraterritorial District and C-2 ETZ General
Commercial Extraterritorial District uses requested in C-1 ETZ Neighborhood
Business Extraterritorial District, provide transitional yards devoted to green
area in required setbacks, per Section 30-727(B)(1) (c).
(E) The Common Council may, with the recommendation of the Joint Extraterritorial
Zoning Committee, require additional standards and conditions that may be
deemed necessary for the conditional use requested to meet the standards of this
Section. Such additional standards and conditions may include, but not be limited
to, requirements pertaining to: lot coverage, lot area, setbacks, off-street parking
and loading, pedestrian and vehicular access ways, storage, fencing, screening,
landscaping, open space, height limitations, lighting, and hours of operation.
(F) Enumerated throughout this Ordinance are the uses allowed in each district by
conditional use permit.
(G) A conditional use shall lapse and become void one (1) year after approval by the
Common Council unless substantial construction has been undertaken or the
activity has commenced in accordance with the permit. The approved conditional
use permit, unless otherwise specified in the conditions of approval, shall remain in
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effect as long as the authorized use continues. Prior to the re-establishment of an
abandoned use, a new conditional use permit shall be obtained under the terms of
this section.
(H) No application for a conditional use permit which has been denied wholly, or in
part by the Common Council, shall be resubmitted for a period of one (1) year from
the date of said denial, except on the grounds of new evidence or proof of change
of conditions is found to be valid.
SECTION 30-709 TEMPORARY USE PERMITS
(A) Standards
(1) No temporary use of a structure or site shall be commenced without a
temporary use permit first being applied for and issued by the Zoning
Administrator.
(2) All temporary uses of a structure/property shall comply with all underlying
district standards of the zoning district, excluding off-street parking
regulations in which the temporary use is located.
(3) All temporary uses shall not exceed ninety (90) days within a calendar year
with said temporary use being discontinued immediately upon expiration of
the temporary use permit, except for temporary green houses which may be
permitted for one hundred twenty (120) days within a calendar year.
(4) Temporary uses include, but are not limited to: temporary signs, tents greater
than two hundred (200) square feet in area, outside sales activities, fire works
stands, Christmas tree sales and other uses/structures which are of a temporary
nature (excluding rummage sales) and which are allowed by the underlying
zoning district uses/standards where the temporary use is located. Signs for
the temporary use are considered a part of the use and shall be covered by the
same permit.
Temporary use permits would not be required for the placement of products
on the exterior of buildings or structures, when such placement is in
conjunction with the principal use of the premises. Temporary use permits
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would be required, however, for independent vendors who for a short period
of time place products on the premises for outdoor sales unrelated to the
principal use of the premises.
(5) All required minimum dimensional standards of the underlying zoning
district apply to the placement of any temporary structure/use.
(6) All temporary use permit applications must be accompanied by information as
required by Section 30-709.
SECTION 30-710 FEES
Fees for procedures and permits shall be established and amended by the Common
Council.
SECTION 30-711 STATE STATUTES & ADMINISTRATIVE CODE PROVISIONS
Provisions of the Wisconsin Statutes and the Wisconsin Administrative Code adopted by
this Chapter are hereby adopted together with any future renumbering, recodification,
additions, deletions or supplements thereto, and are herewith incorporated as part of this
Chapter and shall be enforced with the same force and effect as though set forth in full
herein. Providing, however, that where such rules and regulations are less stringent than
other provisions found in this Chapter, the provisions of this Chapter shall apply.
SECTION 30-712 PENALTIES & REMEDIES
Any person convicted of a violation of any of the provisions of this Chapter shall for each
offense be punished by the forfeitures as set forth, together with the costs of prosecution
and in default of payment of such forfeitures and costs, by imprisonment in the County
Jail for Winnebago County for the terms hereinafter stated; except that if a different
penalty is enumerated by Wisconsin Statutes, as adopted by this Chapter, then the
enumerated penalty including alternative penalty for default of payment shall be
imposed. Each day a violation exists or continues shall constitute a separate offense.
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(A) General Penalty. Any person who violates any provision of this Chapter for which
a specific penalty is not provided below shall be fined not less than Seventy-five
Dollars ($75.00) nor more than Five Hundred Dollars ($500.00), together with the
costs of prosecution, and in default of payment thereof by imprisonment for not
exceeding sixty (60) days.
(B) A forfeiture of not less than One Hundred Twenty-five Dollars ($125.00) nor more
than One Thousand Dollars ($1000.00), together with the costs of prosecution, and
in default of payment thereof by imprisonment for not exceeding six (6) months for
a violation of any of the following:
Article XVII. Subdivision Regulations, except for the following:
(1) Recordation improperly made has penalties provided for in Section 236.30,
Wisconsin Statutes.
(2) Conveyance of lots in unrecorded plats has penalties as provided for in Section
236.31, Wisconsin Statutes.
(3) Monuments disturbed or not placed has penalties as provided for in Section
236.32, Wisconsin Statutes.
(C) Assessor's Plat may be ordered by the City or County when a subdivision is created
by successive divisions as provided in Section 236.31(2), Wisconsin Statutes.
(D) For violations of floodplain provisions, see Section 30-156 Floodplain Overlay
Zoning District.
SECTION 30-713 DISTRICTS
(A) District Designations: For the purpose of this Ordinance, that portion of the Town
of Algoma under City zoning jurisdiction is hereby divided into the following
zoning districts:
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(1) R-1 ETZ Single Family Residence Extraterritorial District
(2) R-2 ETZ Two Family Residence Extraterritorial District
(3) R-3 ETZ Multiple Dwelling Extraterritorial District
(4) C-1 ETZ Neighborhood Business Extraterritorial District
(5) C-2 ETZ General Commercial Extraterritorial District
(6) M-1 ETZ Light Industrial Extraterritorial District
(7) M-3 ETZ General Industrial Extraterritorial District
(8) A-1 ETZ Light Agricultural Extraterritorial District
(9) A-2 ETZ General Agricultural Extraterritorial District
(B) Boundaries. The boundaries of the aforesaid districts are hereby established as
shown on the map entitled, "Extraterritorial Zoning Map for Algoma", which map
accompanies and is made part of this Ordinance. All notations, references, and
amendments thereto as shown on the Extraterritorial Zoning Map are as much a
part of this Ordinance as though specifically described herein.
(1) The district boundaries are either streets or alleys, unless otherwise shown, and
where the designation on the Extraterritorial Zoning Map indicates that the
various districts are approximately bounded by a street or alley line, such street
or alley line shall be construed to be the district boundary line.
(2) Whenever practicable, zoning district boundary lines shall follow lot lines and
where the district boundaries are not otherwise indicated and where the
property has been or may hereafter be divided into blocks and lots, the district
boundaries shall be construed to be lot lines, and where the designations on
the Extraterritorial Zoning Map are approximately bounded by lot lines, said
lot lines shall be construed to be the boundary of the district.
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SECTION 30-714 R-1 ETZ SINGLE FAMILY RESIDENCE EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Single family dwelling
(2) Accessory structure customarily incidental to the residential principal use
when located on the same lot and not occupied by nor involving the conduct
of a business or home occupation.
(3) Home occupation.
(4) Family day care center.
(5) Group homes licensed, operated or permitted under authority of Wisconsin
Department of Health and Social Services with eight (8) or fewer persons.
(6) Public park, including all accessory structures, parking lots, signage and any
other park related structures.
(7) Conditional Uses:
• Art center
• Cemetery
• Church
• Commercial greenhouse and nursery
• Community center
• Day care center
• Funeral home
• Governmental structures
• Group home licensed, operated, or permitted under authority of Wisconsin
Department of Health and Social Services with nine (9) or more persons.
• Hospital
• Municipal structure
• Museum
• Nursing home
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 18 Municipal Codes
• Parking lot
• Public utility structures
• Retirement community
• School, public and private (including kindergarten, elementary and high
school)
• Swimming club, private (non-profit)
An application for a conditional use permit shall not be approved unless it
complies with the conditions and standards set forth in Section 30-708
Conditional Use Permits.
(B) Standards. The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725 Planned
Development District, or unless more restrictive standards apply per Section 30-727
Additional Standards and Exceptions.
(1) All Development:
(a) Lot Area
(i) Width: Sixty (60) feet minimum.
(ii) Depth: One hundred (100) feet minimum.
(iii) Area: Seven thousand two hundred (7,200) square feet minimum.
(2) Principal Structures/Non-Residential
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: Ten (10) feet minimum.
(c) Front Yard Setback: Twenty five (25) feet minimum.
(d) Rear Yard Setback: Twenty five (25) feet minimum.
(e) Off-Street Parking: In accordance with Section 30-728 Extraterritorial Off-
Street Parking and Loading Facilities.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 19 Municipal Codes
(3) Principal Structures
(a) Height: Thirty-five (35) feet maximum or two and one-half (2 ½) stories
maximum.
(b) Side Yard Setback: Seven and one-half (7 ½ ) feet minimum, both sides.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum.
(e) Dwelling Unit Structure Area: Eight hundred (800) square feet minimum
(excluding cellar and attached garage).
(f) Corner Lots: The side street (front yard) setback can be reduced to not less
than twelve (12) feet, as may be necessary, to attain a twenty-eight (28) foot
buildable width. The required side yard opposite the side street (front
yard) must be maintained.
(g) Off-Street Parking: In accordance with Section 30-728 Extraterritorial Off-
Street Parking and Loading Facilities.
(4) Accessory Structures. The total allowable area for detached and/or attached
garages, shall not exceed one thousand two hundred (1,200) square feet in area
per dwelling unit if in single or two family use.
(a) Attached Garage: All dimensional regulations (e.g. setbacks and height) of
an attached garage shall be the same as the principal structure.
(b) Detached Garage in Rear Yard
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Sixty (60) feet minimum, except if all required
setbacks of a principal structure are met.
(iii) Yard Setback from an Alley Line: Ten (10) feet minimum.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 20 Municipal Codes
(iv) Rear Yard Setback: Two and one-half (2 ½ ) feet minimum.
(v) Side Yard Setback: Two and one-half (2 ½ ) feet minimum.
(vi) Structure Area: Eight hundred (800) square feet maximum or a
maximum thirty (30) percent of the rear yard area, whichever is less.
(vii) Any detached garage closer than five (5) feet to a principal structure
shall adhere to or exceed all required minimum setbacks of the
principal structure.
(c) Detached Garage in Side Yard
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Twenty-five (25) feet or the same setback as the
principal structure, whichever is greater.
(iii) Rear Yard Setback: Twenty-five (25) feet minimum.
(iv) Side Yard Setback: Seven and one-half (7 ½) feet minimum.
(v) Structure Area: Eight hundred (800) square feet maximum or a
maximum thirty (30) percent of the rear and side yard areas combined,
whichever is less.
(vi) Five (5) feet minimum between principal and accessory structure.
(d) Detached Garage on Corner Lots
(i) Front Yard and Side Street (Front Yard) Setbacks: Twenty-five (25) feet
minimum or the same as the existing principal structure.
(ii) Side Yard Setback: Two and one-half (2 ½) feet minimum setback
provided the accessory structure is a minimum of ten (10) feet from a
neighboring principal structure.
(iii) Rear Yard Setback: Same as side yard setback.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 21 Municipal Codes
(iv) Structure Area: Eight hundred (800) square feet maximum.
(v) Detached garage closer than five (5) feet to a principal structure shall
adhere to or exceed all minimum required setbacks of the principal
structure.
(e) Utility Storage Structure
(i) One (1) utility storage structure when located on the same lot as the
principal structure not occupied by nor involving the conduct of a
business or home occupation.
(ii) The location of the structure shall comply with all setback/height
requirements governing a detached garage.
(iii) Structure Area: One hundred fifty (150) square feet maximum, with
said utility storage structure and all other accessory structures
combined not exceeding thirty (30) percent of the rear yard area.
(f) Accessory Structures/Non-Residential
(i) Must be customary and incidental to the allowed principal use.
Accessory structures may not exceed forty (40) percent of the floor
area of the structure for incidental storage.
(ii) Standards
(aa) Same as the principal structure unless noted below.
(bb) Front Yard Setback: Sixty (60) feet minimum and not less than
five (5) feet behind the principal structure.
(cc) Corner Lots: Front yard/side street (front yard) setbacks shall be
the same as the principal structure.
(iii) Satellite Television Receiving Device
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 22 Municipal Codes
(aa) Ground Mounted: Must be located in the rear yard and must
adhere to the same required height and setback requirements as
an accessory structure located in the rear yard.
(bb) Roof Mounted: Are permitted.
(1) Height: No higher than the allowable height of the principal
structure.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 23 Municipal Codes
SECTION 30-715 R-2 ETZ TWO FAMILY RESIDENCE EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Any use permitted in the R-1 ETZ Single Family Residence Extraterritorial
District, unless otherwise provided in this Chapter.
(2) Two family dwellings and accessory structures customarily incidental to the
residential principal use.
(3) Conditional Uses
• Art center
• Cemetery
• Church
• Commercial greenhouse and nursery
• Community center
• Day care center
• Family day care center for nine (9) or more children
• Funeral home
• Governmental structures
• Group homes licensed, operated or permitted under authority of Wisconsin
Department of Health and Social Services with nine (9) or more persons.
• Hospital
• Municipal structure
• Museum
• Nursing home
• Parking lot
• Public utility structure
• Retirement community
• Schools, public and private (including nursery, kindergarten, elementary
and high school)
• Swimming club, private (non-profit)
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 24 Municipal Codes
(a) An application for a conditional use permit shall not be approved unless it
complies with the conditions and standards set forth in Section 30-708
Conditional Use Permits.
(B) Standards. The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725 Planned
Development District, or unless more restrictive standards apply per Section 30-727
Additional Standards and Exceptions.
(1) All Development:
(a) Lot Area
(i) Width: Sixty (60) feet minimum.
(ii) Depth: One hundred (100) feet minimum.
(iii) Area: Seven thousand two hundred (7,200) square feet minimum.
(iv) Per Unit: Three thousand six hundred (3,600) square feet minimum.
(2) Principal Structure/Non-Residential
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: Ten (10) feet minimum, both sides.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum.
(e) Off-Street Parking: In accordance with Section 30-728 Extraterritorial Off-
Street Parking and Loading Facilities.
(3) Principal Structure
(a) Height: Thirty-five (35) feet maximum or two and one-half (2 ½) stories
maximum.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 25 Municipal Codes
(b) Side Yard Setback: Seven and one-half (7 ½) feet minimum, both sides.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum.
(e) Structure Area: One thousand two hundred (1,200) square feet minimum
(excluding cellar and attached garage).
(f) Dwelling Unit Structure Area: Four hundred (400) square feet minimum.
(g) Corner Lots: The side street (front yard) setback can be reduced to not less
than twelve (12) feet, as may be necessary, to attain a twenty-eight (28) foot
buildable width. The required side yard opposite the side street (front
yard) must be maintained.
(h) Off-Street Parking: In accordance with Section 30-728 Extraterritorial Off-
Street Parking and Loading Facilities.
(4) Accessory Structures
The total allowable area for detached and attached garages shall not exceed one
thousand two hundred (1,200) square feet in area per dwelling unit if in single or
two family use.
(a) Attached Garage:
All dimensional requirements (e.g. setbacks and height) of an attached garage
shall be the same as the principal structure.
(b) Detached Garage in Rear Yard.
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Sixty (60) feet minimum, except if all required setbacks
of a principal structure are met.
(iii) Yard Setback from an Alley Line: Ten (10) feet minimum.
(iv) Rear Yard Setback: Two and one-half (2 ½) feet minimum.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 26 Municipal Codes
(v) Side Yard Setback: Two and one-half (2 ½) feet minimum.
(vi) Structure Area: Eight hundred (800) square feet maximum or a
maximum thirty (30) percent of the rear yard area, whichever is less.
(vii) Any detached garage closer than five (5) feet to a principal structure
shall adhere to or exceed all required minimum setbacks of the
principal structure.
(c) Detached Garage in Side Yard
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Twenty-five (25) feet or the same setback as the
principal structure whichever is greater.
(iii) Rear Yard Setback: Twenty-five (25) feet minimum.
(iv) Side Yard Setback: Seven and one-half (7 ½) feet minimum.
(v) Structure Area: Maximum eight hundred (800) square feet or a
maximum thirty (30) percent of the rear and side yard areas combined,
whichever is less.
(vi) Five (5) foot minimum between principal and accessory structure.
(d) Detached Garage on Corner Lots
(i) Front Yard and Side Street (Front Yard) Setbacks: Twenty-five (25) feet
minimum or the same as the existing principal structure.
(ii) Side Yard Setback: Two and one-half (2 ½) feet minimum setback
provided the accessory structure is a minimum of ten (10) feet from a
neighboring principal structure.
(iii) Rear Yard Setback: Same as side yard setback.
(iv) Structure Area: Eight hundred (800) square feet maximum.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 27 Municipal Codes
(v) Any detached garage closer than five (5) feet to a principal structure
shall adhere to or exceed all minimum required setbacks of the
principal structure.
(e) Utility Storage Structure
(i) One (1) utility storage structure located on the same lot as the principal
structure, not occupied by nor involving the conduct of a business or
home occupation.
(ii) The location of the structure shall comply with all setback/height
requirements governing a detached garage.
(iii) Structure Area: One Hundred Fifty (150) square feet maximum with
said utility storage structure and all other accessory structures
combined not exceeding thirty (30) percent of the rear yard area.
(f) Accessory Structures/Non-Residential
(i) Must be customary and incidental to the allowed principal uses.
Accessory structures may not exceed forty (40) percent of the floor area
of the structure for incidental storage.
(ii) Standards:
(aa) Same as the principal structure unless noted below.
(bb) Front Yard Setback: Sixty (60) feet minimum and not less than
five (5) feet behind the principal structure.
(cc) Corner Lots: Front yard/side street (front yard) setbacks shall be
the same as the principal structure.
(g) Satellite Television Receiving Device
(i) Ground Mounted: Must be located in the rear yard and must adhere
to the same required height and setback requirements as an accessory
structure located in the rear yard area.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 28 Municipal Codes
(ii) Roof Mounted: Are permitted.
(aa) Height: No higher than the allowable height of the principal
structure.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 29 Municipal Codes
SECTION 30-716 R-3 ETZ MULTIPLE DWELLING EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Any use permitted in the R-2 ETZ Two Family Residence Extraterritorial
District, unless otherwise provided in this Chapter.
(2) Multiple dwellings and accessory structures customarily incidental to the
residential principal use.
(3) Conditional Uses
• Art center
• Boarding/rooming house
• Cemetery
• Church
• Commercial greenhouse and nursery
• Community center
• Day care center
• Family day care for nine (9) or more children
• Funeral home
• Governmental structures
• Group homes licensed, operated or permitted under authority of Wisconsin
Department of Health and Social Services with sixteen (16) or more persons.
• Hospital
• Mobile home park, excluding the commercial sale of mobile home
dwellings, unless such units are located on individual mobile home lots
• Municipal structure
• Museum
• Nursing home
• Parking lot
• Public utility structure
• Schools, public and private (including nursery, kindergarten, elementary
and high school)
• Swimming club, private (non-profit)
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 30 Municipal Codes
An application for a conditional use permit shall not be approved unless it
complies with the conditions and standards set forth in Section 30-708
Conditional Use Permits.
(B) Standards. The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725 Planned
Development Districts, or unless more restrictive standards apply per Section 30-
727 Additional Standards and Exceptions.
(1) All Development
(a) Lot Area
(i) Width: Sixty (60) feet minimum.
(ii) Depth: One hundred (100) feet minimum.
(iii) Area: Seven thousand two hundred (7,200) square feet minimum.
(iv) Per Unit: Three thousand (3,000) square feet minimum.
(2) Principal Structure/Non-Residential
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: Ten (10) feet minimum, both sides.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum.
(e) Off-Street Parking: In accordance with Section 30-476 Off-Street Parking
and Loading Facilities.
(3) Principal Structure/Single Family Dwelling: Shall meet all R-1 ETZ Single
Family Residence Extraterritorial District basic standards.
(4) Principal Structure/Two Family Dwelling: Shall meet all R-2 ETZ Two Family
Residence Extraterritorial District basic standards.
(5) Principal Structure/Multiple Family Dwellings
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 31 Municipal Codes
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: Seven (7) feet for one (1) story, plus three (3) feet each
additional story, both sides.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet for two (2) stories or less, plus five
(5) feet each additional story.
(e) Dwelling Unit Structure Area: One thousand two hundred (1,200) square
feet for two (2) units, three (3) units or more five hundred (500) square feet
per unit minimum. No individual unit shall be less than four hundred (400)
square feet.
(f) Off-Street Parking: In accordance with Section 30-728 Off-Street Parking
and Loading Facilities.
(6) Accessory Structures. The total allowable area for all accessory structures shall
not exceed one thousand two hundred (1,200) square feet per dwelling unit if
in single or two family use, or five hundred (500) square feet per unit
whichever is greater.
(a) Attached Garage. All dimensional requirements (e.g. setbacks and height)
of an attached garage shall be the same as the principal structure.
(b) Detached Garage in Rear Yard
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Sixty (60) feet minimum, except if all required
setbacks of a principal structure are met.
(iii) Yard Setback from an Alley Line: Ten (10) feet minimum.
(iv) Rear Yard Setback: Two and one-half (2 ½) feet minimum.
(v) Side Yard Setback: Two and one-half (2 ½) feet minimum.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 32 Municipal Codes
(vi) Structure Area: Five hundred (500) square feet per unit maximum or
a maximum thirty (30) percent of the rear yard area, whichever is less.
(vii) Any detached garage closer than five (5) feet to a principal structure
shall adhere to or exceed all required minimum setbacks of the
principal structure.
(c) Detached Garage in Side Yard
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Twenty-five (25) feet or the same setback as the
principal structure, whichever is greater.
(iii) Rear Yard Setback: Twenty-five (25) feet minimum.
(iv) Side Yard Setback: Seven and one-half (7 ½) feet minimum.
(v) Structure Area: Five hundred (500) square feet per unit maximum or a
maximum thirty (30) percent of the rear and side yard areas combined,
whichever is less.
(vi) Five (5) foot minimum distance between principal and accessory
structure.
(d) Detached Garage on Corner Lots
(i) Front Yard and Side Street (Front Yard) Setbacks: Twenty-five (25) feet
minimum or the same as the existing principal structure.
(ii) Side Yard Setback: Two and one-half (2 ½) feet minimum setback
provided the accessory structure is a minimum of ten (10) feet from a
neighboring principal structure.
(iii) Rear Yard Setback: Same as side yard setback.
(iv) Structure Area: Maximum five hundred (500) square feet per unit.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 33 Municipal Codes
(v) Any detached garage closer than five (5) feet to a principal structure
shall adhere to or exceed all minimum required setbacks of the
principal structure.
(e) Utility Storage Structure
(i) One (1) utility storage structure when located on the same lot as neither
the principal structure, not occupied by nor involving the conduct of
a business or home occupation.
(ii) The location of the structure shall comply with all setback/height
requirements governing a detached garage.
(iii) Structure Area: One Hundred Fifty (150) square feet maximum with
said utility storage structure and all other accessory structures
combined not exceeding thirty (30) percent of the rear yard area.
(f) Accessory Structure/Non-Residential
(i) Must be customary and incidental to the allowed principal uses.
Accessory structures may not exceed forty (40) percent of the floor
area of the structure for incidental storage.
(ii) Standards
(aa) Same as the principal structure unless noted below.
(bb) Front Yard Setback: Sixty (60) feet minimum and not less than
five (5) feet behind the principal structure.
(cc) Corner Lots: Front yard/side street (front yard) setbacks shall be
the same as the principal structure.
(g) Satellite Television Receiving Device
(i) Ground Mounted: Must be located in the rear yard and must adhere
to the same required height and setback requirements as an accessory
structure located in the rear yard.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 34 Municipal Codes
(ii) Roof Mounted: Are permitted.
(aa) Height: No higher than the allowable height of the principal
structure.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 35 Municipal Codes
SECTION 30-717 C-1 ETZ NEIGHBORHOOD BUSINESS EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Antique sale
(2) Auction establishment
(3) Barber shop, beauty parlor
(4) Clinic, medical or dental office building
(5) Food products (retail): bakery (on premise sales only), beer depot, fruit and
vegetable store, grocery store, meat and fish market, package liquor, tea and
coffee store.
(6) Furniture upholstering, refinishing and repair, to include sales
(7) Interior decorating studio
(8) Laundromat (coin operated), cleaners and dryers (collection and distribution
depot only).
(9) (Marina and aquatic nursery
(10) Photographer studio
(11) Private club or lodge
(12) Professional service office, real estate, insurance
(13) Restaurant
(14) Retail store: such as but not limited to art shop, drug store, pharmacy, gift
shop, hobby store, music store, newsstand, picture framing, radio store.
(15) Shoe repair, tailor shop
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 36 Municipal Codes
(16) Tavern
(17) Television and appliance repair shop
(18) Any use similar to the above
(19) Conditional Uses:
• Automobile service facility
• Cemetery
• Club and semi-public structure
• College/university including residence halls
• Commercial greenhouse and nursery
• Day care center
• Family day care for nine (9) or more children
• Fish market (wholesale)
• Funeral home
• Homeless shelter/center
• Hotel/motel directional sign
• Mental or psychiatric hospital
• Mixed commercial/residential
• Parking lot
• Public Utility structure
• Restaurant with drive-up or drive-thru
• Schools, public and private (including nursery, kindergarten, elementary
and high school)
• Substance abuse treatment facility
• Uses permitted in the C-2 ETZ General Commercial Extraterritorial District,
except M-1 ETZ Light Industrial Extraterritorial District uses.
• Wireless telecommunication towers/antennas
An application for a conditional use permit shall not be approved unless it
complies with the conditions and standards set forth in Section 30-708
Conditional Use Permits.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 37 Municipal Codes
(B) Standards. The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725 Planned
Development Districts, or unless more restrictive standards apply per Section 30-
727 Additional Standards and Exceptions.
(1) Residential Structures: Shall meet the standards of the R-3 ETZ Multiple
Dwelling Extraterritorial District, unless otherwise noted below:
(a) Side Yard Setback: Ten (10) feet minimum.
(b) Lot Area Per Unit: Three thousand six hundred (3,600) square feet
minimum.
(2) Mixed Commercial/Residential Structures: Are permitted by conditional use
permit, and shall meet all conditions of conditional use approval, and shall
meet the standards for principal commercial structures, unless otherwise noted
below:
(a) No separate residential structure is permitted on the same lot with a non-
residential or mixed commercial/residential structure.
(b) Dwelling Unit Area: Four hundred (400) square feet minimum.
(c) Height: Forty-five (45) feet maximum.
(d) Off-Street Parking: In accordance with Section 30-728 Off-Street Parking
and Loading Facilities.
(3) Principal Commercial Structures
(a) Height: Thirty-two (32) feet or two and one-half (2 ½) stories maximum.
(b) Side Yard Setback: None Required. If provided when not required, a five
(5) foot setback is required.
(c) Front Yard Setback: Twenty (20) feet minimum.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 38 Municipal Codes
(d) Rear Yard Setback: Twenty (20) feet minimum.
(e) Corner Lots: The side street (front yard) setback can be reduced to not less
than twelve (12) feet as may be necessary to attain a twenty-eight (28) foot
buildable width. The required side yard opposite the side street (front
yard) must be maintained.
(f) Off-Street Parking: In accordance with Section 30-728 Off-Street Parking
and Loading Facilities.
(4) Accessory Commercial Structures
(a) Must be customary and incidental to the allowed principal uses. Accessory
uses may not exceed forty (40) percent of the floor area of the structure for
incidental storage.
(b) Standards
(i) Same as the principal commercial structure unless noted below.
(ii) Front Yard Setback: Sixty (60) feet minimum and not less than five (5)
feet behind the principal commercial structure.
(iii) Corner Lots: Front yard/side street (front yard) setbacks shall be the
same as the principal commercial structure.
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 39 Municipal Codes
SECTION 30-718 C-2 ETZ GENERAL COMMERCIAL EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Any use permitted in the C-1 ETZ Neighborhood Business Extraterritorial
District, except residential uses, unless otherwise provided in this Chapter.
(2) Bank
(3) Bowling alley, dancing school, dance hall, pool and billiard room, skating rink,
theater except drive-in theater.
(4) Motel and hotel
(5) News agency
(6) Photography studio and supplies
(7) Printing and engraving establishments, except newspaper and book
publishing.
(8) Retail stores: such as but not limited to appliance, book, clothing store, dry
goods, dress shop, electrical supplies, florist shop, furniture, hardware,
heating, hosiery shop, jewelry, monument sales, music, notions, optical, paint,
plumbing, radio, stationary, shoe, tailor shop, television, tobacco and pipe.
(9) Restaurant
(10) Any use similar to the above.
(11) Conditional Uses:
• Animal hospital and pet shop
• Automobile service facility
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 40 Municipal Codes
• Cemetery
• Club and semi-public structure
• College/university including residence halls
• Commercial greenhouse and nursery
• Day care center
• Fish market (wholesale)
• Funeral home
• Hotel/motel directional signs
• Kindergarten school
• Mental or psychiatric hospital
• Mixed commercial/residential
• New and used automobile sales
• Nursery school
• Parking lot
• Public utility structure
• Restaurant with drive-up or drive-thru
• Uses permitted in the M-1 ETZ Light Industrial Extraterritorial District
• Vocational school
• Wireless telecommunication tower/antennas
• Wholesale or distributing establishment of electrical supplies or
prepackaged convenience foods.
An application for a conditional use permit shall not be approved unless it
complies with the conditions and standards set forth in Section 30-708
Conditional Use Permits.
(B) Standards. The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725 Planned
Development Districts, or unless more restrictive standards apply per Section 30-
727 Additional Standards and Exceptions.
(1) Mixed Commercial/Residential Structures: Are permitted by conditional use
permit and shall meet all conditions of conditional use permit approval and,
shall meet the standards for principal commercial structures unless otherwise
noted below:
City of Oshkosh Zoning Ordinance Municipal Code
City of Oshkosh Chapter 30 - Article XXVI - Page 41 Municipal Codes
(a) Upper Floor Residential Only: Residential uses are limited to upper floor
areas. No separate residential structure is permitted on the same lot with a
non-residential or mixed commercial/ residential structure.
(b) Dwelling Unit Area: Four hundred (400) square feet minimum.
(c) Height: Forty-five (45) feet maximum.
(d) Off-Street Parking: In accordance with Section 30-728 Off-Street Parking
and Loading Facilities.
(2) Principal Commercial Structures
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: Ten (10) feet minimum.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum, however, parking shall
be allowed with a five (5) foot minimum setback, provided a five (5) foot
landscaped buffer is provided.
(e) Off-Street Parking: In accordance with Section 30-728 Off-Street Parking
and Loading Facilities.
(3) Accessory Commercial Structures
(a) Must be customary and incidental to the allowed principal uses including
the processing or treatment of products clearly incidental to the conduct of
a retail business on the premises. Accessory uses may not exceed forty (40)
percent of floor area of the structure.
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(b) Standards
(i) Same as the principal commercial structure unless otherwise noted
below.
(ii) Front Yard Setback: Sixty (60) feet minimum and not less than five (5)
feet behind the principal commercial structure.
(iii) Corner Lots: Front yard/side street (front yard) setbacks shall be the
same as the principal commercial structure.
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SECTION 30-719 M-1 ETZ LIGHT INDUSTRIAL EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Any use permitted in the C-2 ETZ General Commercial Extraterritorial District,
except hotels, motels, dwellings and any other residential uses.
(2) Automobile storage garage
(3) Animal hospital and pet shop, excluding open kennel
(4) Bakery, employing not more than five (5) persons
(5) Blacksmithing and tinsmithing, machine shop
(6) Caterer
(7) Convention and exhibition hall
(8) Enameling and painting
(9) Funeral home
(10) Knitting mill and the manufacture of products from finished fabric.
(11) Laboratory-experimental or testing
(12) Laundry and cleaner
(13) Manufacture and bottling of beverages
(14) Manufacture of articles made from previously prepared materials such as:
bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn,
leather, paper, plastics, precious or semi-precious metals or stone, shell,
textiles, wax, wire, yarns and the like.
(15) Manufacture of cigars, cigarettes and smoking tobacco
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(16) Manufacture of goods from plastic
(17) Manufacture of musical instruments, toys, novelties, rubber or metal stamps,
and other small, molded rubber products, fabrication and repair of electric or
neon signs or other commercial advertising structures and light sheet metal
products.
(18) Manufacture of products from paper, but not manufacture of paper or pulp.
(19) Manufacture of products from wood, except the manufacture of paper pulp
and plastics.
(20) Manufacture of sporting goods, home and office appliances and supplies.
(21) Manufacture of water heating and treatment equipment.
(22) Microwave, radio and television relay structure
(23) Newspaper printing, publishing or engraving establishment
(24) Parking lot
(25) Radio and television broadcasting studio
(26) Railroad and bus passenger depot
(27) Repair and assembly of vehicles, including the repair and storage of
automotive accessories, except the wrecking of motor-propelled vehicles.
(28) Service industry, such as a laundry, cleaning and dyeing establishment or
similar use.
(29) Contractor's yards, except the storage of wrecked and dismantled vehicles,
junk, explosives, or inflammable gases or liquids in bulk quantities.
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(30) The manufacture, compounding, processing, packaging or treatment of the
following goods, materials and products: bakery goods, candy, cosmetics,
pharmaceuticals, toiletries and food products except the following: meat
products, sauerkraut, cabbage by-products, vinegar, yeast and the rendering
of fats and oils.
(31) Truck or transfer terminal, freight house, or bus garage and repair shop.
(32) Wholesale or distributing establishment or warehouse or wholesale market.
(33) Other uses of a similar character to the above uses and no more objectionable
by reason of the emission of odor, dust, smoke, gas, fumes, noise or vibration.
(34) Such accessory uses and the open storage of any materials, other than those
associated with auto wrecking, junk yards, and similar storage of salvage
operations, as are customary in connection with the foregoing uses.
(35) Any use similar to the above
(36) Conditional Uses
• Automobile service facility
• Day care center
• Extraction of sand, gravel, and other raw materials
• Flea market
• Hotel/motel directional signs
• Mental or psychiatric hospital
• Oil drilling, development, and refining operations
• Public utility structure
• Restaurant with drive-up or drive-thru
• Vocational school
An application for a conditional use permit shall not be approved unless it
complies with the conditions and standards set forth in Section 30-708
Conditional Use Permits.
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(B) Standards
(1) The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725
Planned Development Districts, or unless more restrictive standards apply per
Section 30-727 Additional Standards and exceptions.
(2) Principal Structures
(a) Height: No restrictions unless required by other provisions of this Chapter.
(b) Front Yard Setback: Twenty-five (25) feet minimum. The front yard shall
be entirely devoted to landscaping, except for necessary paving of
driveways and sidewalks to reach parking and loading areas inside or rear
yards.
(c) Side Yard Setback: Ten (10) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum.
(3) Accessory Structures
(a) Front Yard Setback: Sixty (60) feet minimum.
(b) Accessory structures shall not be located less than ten (10) feet behind the
principal structure.
(c) Side Yard Setback: Ten (10) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum.
(4) Off-Street Parking: In accordance with Section 30-728 Off-Street Parking and
Loading Facilities.
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(5) Open storage of any materials, other than those associated with auto wrecking,
junk yards, and similar storage of salvage operations, are allowed in areas
surrounded, at minimum, by a solid fence not less than six (6) feet in height.
(6) Existing Uses and Structures: Uses and structures in this District that were
conforming prior to the effective date of this Ordinance will remain
conforming upon adoption of this Ordinance. New standards effective upon
adoption of this Ordinance shall be applied to building additions/expansions
and new development under building permits issued after the effective date of
this Ordinance.
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SECTION 30-720 M-3 ETZ GENERAL INDUSTRIAL EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Uses permitted in the M-1 ETZ Light Industrial Extraterritorial District, unless
otherwise provided in this Chapter.
(2) The open storage of any materials, other than those associated with auto
wrecking, junk yards, and similar storage of salvage operations.
(3) Structures or land may be used for any purpose, except the following:
(a) Residential, educational, or institutional uses.
(b) Uses in conflict with any laws of the State of Wisconsin or any Ordinances
of the City governing nuisances.
(4) Conditional Uses:
• Acid manufacture
• Asphalt/concrete batch plant
• Automobile service facility
• Cement, lime, gypsum, or plaster of paris manufacture
• Day care center
• Explosive manufacture or storage
• Extraction of sand, gravel, and other raw materials
• Fat rendering
• Fertilizer manufacture
• Garbage, rubbish, offal or dead animal reduction or dumping
• Glue manufacture
• Hotel/motel directional signs
• Junk yard
• Land-based, outdoor motor vehicle racing or test tracks. Motor vehicle as
defined in Section 340.01(35), Wis. Stats., including snowmobiles.
• Oil drilling, development, and refining operations
• Petroleum refining
• Public utility structure
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• Railroad yard
• Restaurant with drive-up or drive-thru
• Slaughterhouse
• Smelting of tin, copper, zinc, or iron ores
• Stockyard
• Tannery
• Vocational school
An application for a conditional use permit shall not be approved unless it
complies with the conditions and standards set forth in Section 30-708
Conditional Use Permits.
(B) Standards - All Structures. The following standards shall apply to development
undertaken in this district, unless modified by the application of provisions in
Section 30-725 Planned Development Districts, or unless more restrictive standards
apply per Section 30-727 Additional Standards and Exceptions.
(1) Front Yard Setback: Thirty (30) feet minimum.
(2) Side Yard Setback: Twenty (20) feet minimum, except when adjacent to a
residential district/use, the minimum setback is fifty (50) feet.
(3) Rear Yard Setback: Twenty-five (25) feet minimum, except when adjacent to a
residential district/use, the minimum setback is fifty (50) feet.
(4) Lot Width: One hundred fifty (150) feet minimum.
(5) Lot Size: One (1) acre minimum.
(6) Off-Street Parking: In accordance with Section 30-728 Off-Street Parking and
Loading Facilities.
(7) The open storage of any materials, other than those associated with auto
wrecking, junk yards, and similar storage of salvage operations, are allowed in
areas surrounded, at minimum, by a solid fence not less than six (6) feet in
height.
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(8) Existing Uses and Structures: Uses and structures in this District that were
conforming prior to the effective date of this Ordinance will remain
conforming upon adoption of this Ordinance. New standards effective upon
adoption of this Ordinance shall be applied to building additions/expansions
and new development under building permits issued after the effective date of
this Ordinance.
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SECTION 30-721 A-1 ETZ LIGHT AGRICULTURAL EXTRATERRITORIAL
DISTRICT
(A) Permitted Uses
(1) Raising of field crops
(2) Horticultural
(3) Animal husbandry
(4) Orchards and tree farm
(5) Riding stable
(6) Greenhouse and nursery
(7) Selling of orchard or garden produce at a roadside stand
(8) Public park and playground
(9) One family detached dwelling
(10) Home occupation
(11) Conditional Uses
• Feed lot
• Kennel
• More than one dwelling unit on the same property for another family
member or relative or persons regularly employed on the premises.
• Poultry farm
• Private shooting range
• Raising hogs and mink
(12) Accessory Uses
(a) Buildings for the purpose of sheltering livestock, farm equipment and farm
products.
(b) Accessory structures associated with the residential use of the property as
regulated by Section 30-714(B)(4) of this Ordinance.
(B) Standards. The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725 Planned
Development Districts, or unless more restrictive standards apply per Section 30-
727 Additional Standards and Exceptions.
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(1) Lot Area: Ten (10) acres minimum.
(2) Lot Width: One hundred fifty (150) feet minimum.
(3) Front Yard Setback: Thirty (30) feet minimum.
(4) Side Yard Setback: Twenty (20) feet minimum.
(5) Rear Yard Setback: Forty (40) feet minimum.
(6) Side Yard Setback at Corner: Thirty (30) feet minimum.
(7) Maximum Ground Coverage (Including Accessory Building): Ten (10) percent.
(8) Building Height: One hundred (100) feet maximum.
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SECTION 30-722 A-2 ETZ GENERAL AGRICULTURAL EXTRATERRITORIAL
DISTRICT
(A) Principal Uses
(1) Agricultural
(2) Beekeeping
(3) Dairying
(4) Fish farm
(5) Floriculture
(6) Forestry
(7) Fur farm
(8) Grazing
(9) Greenhouse
(10) Hay
(11) Livestock raising
(12) Orchard
(13) Paddock
(14) Pasturage
(15) Plant nursery
(16) Poultry raising
(17) Stable
(18) Sod farming
(19) Truck farming
(20) Viticulture
(21) Wild crop harvesting
(22) Raising of:
(a) Cash crops
(b) Mint
(c) Grass
(d) Seed crops
(e) Silage
(f) Nuts and berries
(g) Vegetables
(23) Barn, silo, etc.
(24) Selling of orchard or garden produce at a roadside stand
(25) Home occupation
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(26) Dwellings existing before the effective date of adoption of the Ordinance creating
this District, which dwellings are located on preexisting parcels not associated
with agricultural uses.
(27) Pre-existing dwellings located on new parcels of one (1) acre or more in size that
may be created after consolidation of neighboring farms, and which parcels are no
longer associated with agricultural uses.
(28) Conditional Uses
(a) Airport, airstrip and landing field when agriculturally related.
Compliance: All FAA regulations.
(b) Cemetery and crematory; hospital; college/university with residence halls;
sanitarium; religious institution, charitable institution, prison.
(c) Condensery, creamery, commercial butchering of animals, commercial
boarding of stable animals, migratory laborer housing.
(d) Sludge disposal. (Disposal must be in accordance with NR 113 of the
Wisconsin Administrative Code.)
(e) Storage and maintenance of construction equipment vehicles and seasonal
storage of recreational vehicles, boats, and other related items is permitted in
existing structures incidental to the farm operation as a conditional use if the
storage area for all such equipment and vehicles is at least six hundred (600)
feet from residential and public and semi-public districts.
(f) Mobile home(s) which shall be occupied as an accessory use to the farm
operation, providing the occupant earns a majority of his/her livelihood from
farm operations on the parcel, providing:
(i) The farm operator agrees in writing that discontinuance of the mobile home
occupancy as the specified accessory use, will necessitate removal of the
mobile home.
(g) Large scale operations, such as duck, turkey, mink farms, which involve
potential nuisance conditions requiring special waste disposal and
treatment facilities, (i.e. lagoons and/or overhead irrigation disposal
systems).
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(29) Accessory Structures - Agricultural
(a) Farm dwellings and associated structures (one and two family) for resident
owners and parents or children of the farm operation who earn any part of
their livelihood from farm operations on the parcel.
(b) Buildings for the purpose of sheltering livestock, farm equipment, and farm
products.
(c) Fences. Security fences are permitted on the property line, but shall not
exceed ten (10) feet in height and shall be of an open type similar to woven
wire or chain link fencing.
(d) Signs. Farm names and identification signs that do not exceed thirty-two
(32) square feet in area and are located a minimum of twenty-two (22) feet
from the right-of-way and do not exceed ten (10) feet in height.
(30) Accessory Structures - Pre-Existing Residential on Separate Parcels
(a) Accessory structures associated with the residential use of the property as
regulated by Section 30-714(B)(4) of this Ordinance.
(B) Standards. The following standards shall apply to development undertaken in this
district, unless modified by the application of provisions in Section 30-725 Planned
Development Districts, or unless more restrictive standards apply per Section 30-
727 Additional Standards and Exceptions.
(1) Agricultural Uses
(a) Frontage: Three hundred (300) feet minimum.
(b) Area: Thirty-five (35) acres minimum.
(c) Structure Height: None
(d) Structure Setback Requirements:
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(i) Front Yard Setback: Seventy-five (75) feet minimum.
(ii) Rear Yard Setback: Fifty (50) feet minimum.
(iii) Side Yard Setback: Fifteen (15) feet minimum.
(iv) Shore Yard Setback: Seventy-five (75) feet minimum.
(2) Residential Uses on Separate Parcels Not Accessory to Agricultural Uses
(a) Frontage: One hundred (100) feet minimum.
(b) Area: One (1) acre minimum.
(c) Structure Height: Thirty-five (35) feet or two and one-half (2 ½) stories
maximum.
(d) Structure Setback Requirements:
(i) Front Yard Setback: Fifty (50) feet minimum.
(ii) Rear Yard Setback: Twenty-five (25) feet minimum.
(iii) Side Yard Setback: Fifteen (15) feet minimum.
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SECTION 30-723 EXTRATERRITORIAL PLANNED DEVELOPMENT DISTRICTS
(A) Purpose and Intent
(1) Purpose. It is the purpose of this Section to provide a method which will
facilitate a more flexible mixture and pattern of development, the grouping of
open spaces, and arrangement of living patterns in accordance with good
planning principles while providing adequate safeguards to protect the
community.
(a) It is anticipated that development within this district will offer one (1) or
more of the following advantages:
(i) Designs which reflect the City’s development and planning policies for
residential neighborhoods or nonresidential areas in which the district
is to be located, as set forth in the City’s Comprehensive Plan.
(ii) Designs which provide substantial buffers and transitions between
areas of different land uses and development densities.
(iii) Designs which enhance the appearance of developments and the
surrounding area by conserving areas of natural beauty and natural
green space.
(iv) Designs which lessen congestion on streets, and contribute to
improvements in pedestrian and vehicular circulation.
(v) Designs which promote architectural compatibility between adjacent
structures.
(vi) Designs which will positively contribute to the physical appearance
and functional arrangement of land uses and buildings in the area.
(vii) Designs which will buffer differing types of land use and intensities of
development from each other so as to minimize any adverse impact
which new development may have on existing development.
(b) Areas that may be deemed appropriate for a Planned Development Overlay
District include:
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(i) Transitional Areas: which involve locations with a mix of different land
uses, where new development is proposed in an area of older uses and
buildings, and where the older uses may be allowed with lesser zoning
standards than appropriate for new development.
(ii) Infill areas: which involve parcels bypassed during the normal course
of urbanization in the community.
(iii) Redevelopment Areas: which relate to locations appropriate for
redevelopment, either public or private, where first or subsequent
uses and/or buildings are replaced by new uses and/or structures.
(iv) Large Commercial areas: which include shopping centers with a
number of occupancies and/or structures, together with outlots, or
locations encompassing multiple centers or multiple large scale
commercial developments.
(v) Special Areas: which include locations that were identified as Special
areas in the City’s Comprehensive Plan.
(vi) Large Scale and/or Mixed Use Areas: which encompass locations at
least twenty (20) acres in size, where base zoning standards may not
be appropriate and/or needed, and where the developer and
community could benefit from a greater level of flexibility in the
application of land use controls.
(2) Exceptions. The City may permit in any Planned District (PD) even greater
flexibility in the type of uses, the area and yard requirements, the off-street
parking and other regulations set forth in this Section, subject to demonstration
of appropriateness for the area under consideration.
(3) Zoning Classification. The Planned Development (PD) District shall be applied
as an overlay zoning district. When applied to a specific geographic area, the
PD shall have the effect of allowing development to be designed, reviewed,
approved, constructed and managed according to the provisions of this
Section, rather than is required by the underlying zoning district. However,
the underlying zoning district shall prevail in determining permitted and
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conditional uses of land within the PD as well as the maximum permitted
project density or intensity of land use, except as otherwise provided herein.
(4) Benefit. It is not intended that the City will automatically grant exceptions for
a Planned Development Overlay District, but it is expected the City shall grant
only such exceptions which are deemed consistent with benefits accruing to
the City as a result of the planned development. The City may require as a
condition of approval any reasonable condition, limitation, or design factor
which will promote development in the Planned Development Overlay
District consistent with the intent of this Section.
(B) Planned Residential District
(1) Permitted Uses. Any uses permitted in the underlying residential zone,
including the allowed accessory structures.
(a) Commercial uses permitted in the C-1 ETZ Neighborhood Business District,
not to exceed five (5) percent of the area of the Planned District.
(2) Standards
(a) Each Planned District shall have an area of at least one and one-half (1 ½)
acres.
(b) Not less than fifteen (15) percent of the total area of the Planned District
shall be devoted to open space.
(C) Planned Commercial District
(1) Permitted Uses. Any uses permitted in the underlying commercial zone,
including the allowed accessory structures.
(2) Standards
(a) Each Planned District shall have an area of at least one and one-half (1 ½)
acres.
(b) Not less than ten (10) percent of the total area of the District shall be devoted
to landscaped open space.
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(c) The commercial units of the Planned District shall not exceed the standard
density of the underlying zoned area.
(D) Planned Industrial District
(1) Permitted Uses
(a) Any uses permitted in the underlying industrial zone, including the
allowed accessory structures.
(b) Appropriate and compatible commercial uses.
(2) Standards
(a) Each planned district shall have an area of at least one and one-half (1 ½)
acres.
(b) Not less than ten (10) percent of the total area of the district shall be devoted
to landscaped open space.
(E) Administrative Process
(1) Informal review of proposal by the Department of Community Development.
(2) Applications for rezoning to a Planned Development Overlay District shall
include at least one of the advantages as stated in Section 30-725(A)(1)(a) and
identify the characteristics of the District per Section 30-725(A)(1)(b).
(3) Conditional use permit request for development plan review and approval.
(a) The development plan shall include an architect's drawing showing:
(i) The location of all structures or recreational facilities.
(ii) The location of all drives, entrances and sidewalks.
(iii) The location, size, number and screening of all parking spaces.
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(iv) Drainage and grading plan.
(v) A detailed proposal including covenants, agreements, or other
documents showing the ownership and method of assuring perpetual
maintenance of land to be used for common purposes.
(b) Review Criteria
In reviewing the development plan, the following criteria shall be used:
(i) Conformance with applicable standards of the base zoning district and
the provisions of this chapter, except as may be modified under
Section 30-725 and Section 30-708.
(ii) Suitability of the site for the proposed development.
(iii) Compatibility of the proposed development with adjacent and nearby
existing or planned development in terms of scale, mass, height, bulk,
uses, activities, traffic, design, structure placement, privacy, views and
similar concerns.
(iv) Utilization of site planning principles common to high quality
development.
(v) Effective mitigation of any potential negative impacts of the proposed
development either on the site itself or off the site.
(vi) Conformance with the Comprehensive Plan, or other adopted City
plans.
(c) The Plan Commission, in making its recommendation to the Common
Council, shall consider said criteria and take into consideration the
recommendations of the Department of Community Development, and
comments received at the Plan Commission meeting at which the item is
reviewed.
(4) Recording of Plats
In addition to the requirements of the Subdivision Regulations, plats located in
a Planned District shall include statements indicating:
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(a) That the land is a portion of a Planned District.
(b) That no substantive changes may be made without submission of a revised
final plan, with subsequent approval by both the Plan Commission and
Common Council.
SECTION 30-724 EXTRATERRITORIAL HIGHWAY 41 CORRIDOR DISTRICT
(A) Purpose. The purpose of this District is to provide standards of development that
relate to the special character of lands lying on either side of the major
transportation corridor along U.S. Highway 41.
(B) Overlay Area Defined. The overlay district is applied to all parcels abutting the
right-of-way of U.S. Highway 41 and/or the U.S. Highway 41 frontage roads, but
excluding any portion of abutting parcels lying more than one thousand three
hundred twenty (1,320) feet beyond the most westerly and easterly right-of-way
line of U.S. Highway 41 and/or the U.S. Highway 41 frontage roads. The frontage
roads include: Washburn Street from U.S. Highway 21 to Planeview Drive;
Planeview Drive to the southern City limits; that segment of Oshkosh Avenue lying
west of the intersection of Omro Road; Koeller Street from Oshkosh Avenue on the
north to Knapp Street Road on the south; Knapp Street Road south of South Park
Avenue to Poberenzy Road; and Poberenzy Road south to the city limits.
(C) Permitted Uses. The overlay district provisions apply to any base district set forth
in this Ordinance that exists within the defined overlay area.
(D) Standards. Unless otherwise noted in this Chapter, the standards of the underlying
base zoning district shall apply unless modified by the application of provisions in
Section 30-725 Planned Development, or unless more restrictive standards apply
per Section 30-727 Additional Standards and Exceptions.
(1) Building Architecture
(a) Intent: One dominant material should be selected with its own natural
integrity. Materials shall convey permanence, substance, timelessness and
restraint, with low maintenance.
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(b) Any exterior building wall (front, side or rear) facing a street and/or U.S.
Highway 41, shall be constructed of one of the following materials:
(i) Clay or masonry brick.
(ii) Customized concrete masonry with stridulated, scored or broken faced
brick type units (sealed) with color consistent with design theme.
(iii) Poured in place, tilt-up or pre-cast concrete. Poured in place and tilt-
up walls shall have a finish of stone, a texture or a coating.
(iv) Steel frame structures with architectural flat metal panels or glass
curtain walls.
(v) Natural stone.
(c) Non-decorative exposed concrete block buildings are prohibited, as are pre-
engineered metal buildings, corrugated metal-sided buildings, and wood
sided buildings unless such metal buildings and wood sided buildings are
enhanced on all elevations by the application of brick, decorative masonry,
or decorative stucco surfaces in combination with decorative fascia
overhangs, trim, as detailed above.
(d) Drainage pipes on exterior building walls facing a street and/or U.S.
Highway 41 must be integral to the design and non-apparent.
(e) In the design of buildings or clusters of buildings, developers should orient
projects so that the side(s) facing U.S. Highway 41 from the front of the
project. Where fronting toward U.S. Highway 41 is not feasible due to the
location of access roads and other site constraints, the project should be
oriented and designed in such a manner so as to convey a pleasing
appearance from U.S. Highway 41 and treated per (a)(b)(c)&(d) above.
(f) Where additions are proposed for buildings constructed prior to the
effective date of this Ordinance and such buildings do not comply with the
standards in this section, such additions need not comply with the
standards in this section as long as the addition(s) are not in excess of fifty
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(50) percent of the existing floor area of the existing building. Any additions
in excess of fifty (50) percent of the existing floor area of the existing
building constructed prior to the effective date of this Ordinance, shall
comply with the standards in this Section.
(g) Exceptions to the Building Architecture standards set forth in this Section
may be granted by the Director of Community Development, or designee,
for structures of comparable design and building materials.
(2) Landscaping
(a) A minimum of fifteen (15) percent of the total area of each lot shall be
devoted to landscaped open space.
(b) All open areas of any lot not used for parking, driveways or storage shall
be landscaped with trees, shrubs, berms and planted ground cover.
(c) All parking areas shall be landscaped with a buffer strip not less than fifteen
(15) feet wide located between the edge of the right-of-way of the frontage
road and the surface of the parking area.
(d) Plant Materials Required: In accordance with Section 30-727(H).
(e) Maintenance: In accordance with Section 30-727(H).
(3) On-Site Utilities. All on-site utilities, including but not limited to electrical,
telephone, and cable, shall be installed as underground facilities. This shall
apply to utilities running from the utility easement or street right-of-way to
structures and to utilities supplying service between structures.
(4) Building, Sign and Parking Setback Requirements
(a) No building shall be constructed nearer than fifty (50) feet from the right-
of-way of any public street or highway. Signs and parking area shall be
setback twenty-five (25) feet from the right-of-way of any public street or
highway.
(b) Minimum side yards shall be fifteen (15) feet.
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(c) Minimum rear yards shall be twenty-five (25) feet; however, parking shall
be allowed with a five (5) foot minimum setback provided a five (5) foot
landscaped buffer is provided.
(5) Lot Size Minimum
(a) One and one-half (1 ½) acre minimum for any lot which fronts onto the
right-of-way of U.S. Highway 41, or any of the frontage roads paralleling
U.S. Highway 41.
(b) Minimum frontage on Public Street: One hundred fifty (150) feet.
(6) Off-Street Parking: In accordance with Section 30-728.
(7) Off-Street Loading Area and Dumpster Screening
(a) No off-street loading areas may be located on the sides of buildings fronting
onto U.S. Highway 41, Koeller Street, or Washburn Street.
(b) No dumpsters may be located on the sides of buildings fronting onto U.S.
Highway 41, Koeller Street or Washburn Street, except if in the opinion of
the Zoning Administrator no other suitable location is reasonably available
for such purpose, and provided the dumpster area is developed in a
manner so as to minimize its appearance from U.S. Highway 41, Koeller
Street or Washburn Street.
(c) Dumpsters shall be entirely screened by masonry or solid wooden fence,
with gate, or a comparable screening at least six (6) feet in height.
(8) Outdoor Storage. No outdoor storage shall be permitted unless such storage
is visually screened from view from U.S. Highway 41, or frontage roads
paralleling U.S. Highway 41, with a suitable solid fence constructed of masonry
or wood at least six (6) feet in height. Screening shall be well maintained.
(9) Signs: In accordance with Section 30-729.
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(10) Frontage Road Access
(a) Public Street Intersections
(i) Spacing: Minimum - Five hundred (500) feet
(b) Private Drives and Driveways
(i) Distance from Intersections: Minimum one hundred fifty (150) feet.
(ii) Frequency: Two (2) per commercial unit if the frontage is greater than
six hundred (600) feet. Consolidate access whenever properties are
assembled for a single purpose.
(iii) Spacing: Minimum one hundred fifty (150) foot spacing between
driveways.
(11) Existing Uses and Structures: Uses and structures in this District that were
conforming prior to the effective date of this Ordinance will remain
conforming upon adoption of this Ordinance. New standards effective upon
adoption of this Ordinance per the Highway 41 Overlay District shall be
applied to building additions/expansions and new development under
building permits issued after the effective date of this Ordinance, except as may
otherwise be provided for under the provisions of this Chapter.
SECTION 30-725 EXTRATERRITORIAL ADDITIONAL STANDARDS &
EXCEPTIONS
(A) Height Regulations. Chimneys, church steeples, cooling towers, elevator
bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks,
water towers, ornamental towers, spires, wireless towers, utility poles, grain
elevators, or necessary mechanical appurtenances, are exempt from height
regulations, except in air overlay districts.
(B) Additional Yard, Lot Area and Width Regulations
(1) Setbacks
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(a) On lots fronting on two (2) non-intersecting streets a front yard must be
provided on both streets.
(b) Where a garage is entered from an alley, it must be kept a minimum of ten
(10) feet from the alley line.
(c) When a less restrictive zoning district or use abuts a more restrictive zoning
district or use, a yard along the entire lot line of the less restrictive district
or use shall be devoted to a transitional buffer yard. This transitional buffer
yard shall maintain a distance from the lot line equal to ten (10) ft. or the
average of the required setbacks associated with the abutting yards in the
more restrictive district(s), whichever is greater. In no case shall the buffer
exceed twenty-five (25) ft., except when greater setbacks are required under
Section 30-725 Planned Development District. The transitional buffer yard
shall be devoted to green area, except for that portion containing a
driveway.
(i) For multiple dwelling uses abutting single family or two family uses in
a multiple dwelling district, a ten (10) foot minimum rear and side yard
setback may be provided for parking lots and detached garages,
provided the setback areas are devoted to green area and complies with
the landscaping requirements of this Article.
(d) Unless specified differently herein, where the frontage of a block is divided
among districts with different front yard setback requirements, the deepest
front yard requirement shall apply.
(e) On an interior residential lot, the front yard setback for a principal single or
two family structure may be the average of the existing front yard setbacks
of the two lots abutting it, but not less than fifteen (15) feet. In the event
that either or both of the abutting lots is vacant, the minimum front yard
setback required will be used for the purpose of calculating the average.
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(2) Projections Into Setbacks
(a) Uncovered entrance platforms necessary to comply with current ingress
and egress regulations may extend four (4) ft. Into the front yard setback
area and shall be no wider than six (6) ft. and steps from the platform may
extend into the setback area for the distance needed to meet minimum
building code requirements for risers and treads. Replacement steps for
porches may be as wide as the steps being replaced and may extend into
the setback area for the distance needed to meet minimum building code
requirements for risers and treads.
(b) Sills, belt courses, cornices, gutters, overhangs, ornamental features and the
ordinary projection of chimneys and flues may project only two (2) feet into
a required yard.
(c) Open fire escapes, fireproof outside stairways, and balconies opening upon
fire towers, may project into a side or rear yard for a distance of not more
than three and one-half (3 ½) feet when so placed as to not obstruct light
and ventilation.
(d) Uncovered patios and decks not to exceed twelve (12) inches above
established grade, may project within two (2) feet of the adjacent side lot
line.
(e) Flag poles, ornamental features, sidewalks, landscaping and associated
structures, posts, or other similar amenities when accessory to a residential
use.
(f) Recreational Equipment: When accessory to a residential use, is permitted
within rear yards, provided a five (5) foot setback is maintained from all lot
lines.
(g) Basketball backboard structures are permitted within a front yard,
provided a minimum setback of fifteen (15) feet is maintained from the
front lot line and a five (5) foot setback is maintained from the side lot line.
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(3) Special Structure Setback Lines
Structure setback lines specifying the distance from the street that any structure
may be erected are hereby established along the following described streets, or
parts thereof:
Street Structure Setback
None
(4) Lot Width
(a) On lots under separate ownership on the effective date of this Ordinance
and less than fifty (50) feet in width, the side yard may be reduced to ten
(10) percent of the lot width but not less than three (3) feet and the rear yard
may be reduced to twenty (20) percent of the lot depth as long as parking
is provided in conformance with Section 30-728 Off-Street Parking and
Loading Facilities.
(b) Lots of record upon the effective date of this Ordinance with less area or
width than required by the district regulations may be used for one (1)
single family residence or for a permitted non-dwelling use.
(5) Handicap Ramps
(a) Handicap Ramp Permit: A handicap ramp permit, to be issued by the
Zoning Administrator for handicap ramps proposed for placement within
a required setback area, is required prior to construction. An application for
a permit shall include an accompanying written statement explaining the
reasons for the placement of the handicap ramp. The Zoning Administrator
may also require, in addition, a statement from a physician verifying the
need for the handicap ramp.
(b) Setbacks: Handicap ramps are permitted in the required setback areas, but
must, in the opinion of the Zoning Administrator, be the minimum
intrusion necessary to construct a functional handicap ramp.
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(c) Aesthetic Treatments: Handicap ramps must have skirting covering the
lower open portion of the ramp and shall be kept in good repair and shall
include landscape treatments as a buffer treatment between adjacent
properties and the ramp.
(d) Handicap Ramp Removal: The Zoning Administrator may periodically
require verification of the continual need for the handicap ramp. When it
has been determined the handicap ramp is no longer needed, the Zoning
Administrator may order its immediate removal.
(C) Interpretation of Open Space Requirements. No part of a yard or other open space
provided about any structure for the purpose of complying with the provisions of
this Ordinance shall be included as part of a yard or other open space required for
another structure.
(D) Number of Structures Per Lot
(1) Multi-Family, Motel, Hotel, and Institutional: There may be two (2) or more
related multi-family, hotel, motel or institutional structures on a lot; provided,
that (a) the required yards be maintained around the group of structures, and
(b) structures that are parallel, or that are within forty-five (45) degrees of being
parallel, be separated by a horizontal distance that is at least equal to the height
of the highest structure.
(2) Commercial and Industrial: In the commercial and industrial districts there
may be more than one (1) commercial or industrial structure on a lot provided
that the required yards be maintained around the group of structures.
(E) Fences and Hedges
(1) No fence or hedge more than thirty (30) percent solid or more than thirty (30)
inches high from the established sidewalk elevation may be located within the
intersection sight distance triangle, except for intersections controlled by four
way stop signs.
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(2) Fences and hedges less than four (4) feet high may be located within the
required front yard, except fences that are more than fifty (50) percent solid
shall not be permitted within fifteen (15) feet of a front lot line.
(3) Fences six (6) feet high or less may be erected on those parts of a lot that are as
far back or farther back from a front property line than the principal structure.
(4) Fences greater than six (6) feet in height may be erected if they meet the setback
requirements for areas of the principal structure.
(5) Fences six (6) feet in height may be constructed in the front yard on the long
side of corner lots provided they have a setback equal to that of the existing
principal structure, or what would be required for new construction of a
principal structure based on the lot dimensions, whichever is greater.
(6) Prior to constructing a fence, a Fence Permit shall be obtained from the
Building Inspector. Permit requests must include a site plan depicting the lot,
all structures on the lot, and the location and height of the fence.
(7) The height of a fence shall be measured from the established grade.
(F) Community Living Arrangements: Community Living Arrangements, as defined
in Section 46.03(22), Wisconsin Statutes, and foster family home or adult family
home as defined in Section 50.01(1), Wisconsin Statutes.
(1) In all zoning districts which allow residential uses, no minimum distance
between Community Living Arrangements is required.
(2) Evidence that all applicable local building permits and State licenses have been
obtained by the operator of a Community Living Arrangement must be
presented to the Zoning Administrator prior to occupancy of a Community
Living Arrangement.
(G) Corner Lots/Vision Clearance. Twenty (20) feet minimum, unless otherwise
regulated by the setback standards of the underlying zoning district. No structure,
except for fences or hedges, may be located within the sight distance triangle except
for signalized intersections and intersections controlled by four way stop signs.
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(H) Landscaping. All permits for new development, including additions that exceed
fifty (50) percent of the existing floor area of existing structures, and new parking
lot developments and the expansion of a parking lot that exceeds fifty (50) percent
of the existing parking lot area, shall be accompanied by a complete landscape plan,
except for single family and two family residential uses, and commercial
development in the C-2 ETZ General Commercial District and industrial
development in the M-3 ETZ General Industrial District.
(1) Landscape Plan. Applicant's shall submit two (2) copies of a landscape
plan which shall contain the following information:
(a) The name and address of developer/owner, name of architect/designer,
date of plan preparation, date and description of all revisions, name of
project or development, scale of plan, and north point indication.
(b) The location and dimensions of all existing and proposed structures,
parking lots, driveways, roads, underground utilities, right-of-way,
sidewalks, ground signs, refuse disposal areas, fences, free-standing
electrical equipment and other utility boxes, and other free-standing
structural features as determined necessary by the Zoning Administrator.
(c) The location and contours at one (1) foot intervals, of all proposed berms.
(d) The location, size, and type (common and botanical) of all existing plant
material on the site and designation of all trees and shrubs to be saved
and/or removed.
(e) The location, quantity, size at planting and type (common and botanical) of
all proposed plant material. All plants should be drawn at the spread they
will achieve at maturity.
(f) A refuse disposal area screen detail.
(g) Elevations, cross-sections and other details as determined necessary by the
Zoning Administrator.
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(2) Landscaping Requirements. To achieve an appropriate level of landscaping of
a building construction site, the following minimum number of plant materials
shall be provided except in the C-2 ETZ General Commercial District and the
M-3 ETZ General Industrial District. These requirements are in addition to
plant materials required in and around parking area developments.
The intent of this section is to provide minimum standards regarding number
and placement of landscape plant materials in and around developed areas. A
"developed area" encompasses that portion of a property where site
improvements are made, which includes, but is not limited to, that area which
is made up of structures, parking, driveways and docking/loading facilities,
exclusive of lands which are located in the required setback areas and
undeveloped land area on the same parcel.
The placement of plantings shall be undertaken in a manner that addresses the
need to provide an overall landscape improvement plan for the property and
which takes into consideration the potential for future improvements on the
site.
(a) Plant Material Required - Industrial Building Construction
To achieve an appropriate level of landscaping on an industrial building
construction site, the following minimum number of plant materials shall
be provided, exclusive of plant materials required in and around parking
area developments:
(i) One (1) overstory deciduous shade tree, coniferous or ornamental tree
for every four thousand five hundred (4,500) square feet of developed
area. Ornamental trees shall not make up more than twenty-five (25)
percent of the total number of trees with coniferous trees being at least
fifteen (15) percent of the total number of trees.
(ii) One (1) understory shrub for every four thousand five hundred (4,500)
square feet of developed area.
(b) Plant Material Required - Commercial Building Construction
To achieve an appropriate level of landscaping on a commercial building
construction site, the following minimum number of plant materials shall
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be provided, exclusive of plant materials required in and around parking
area developments:
(i) One (1) overstory deciduous shade tree, coniferous or ornamental tree
for every four thousand five hundred (4,500) square feet of developed
area. Ornamental trees may comprise up to fifty (50) percent of the total
number of trees with coniferous trees being at least fifteen (15) percent
of the total number of trees.
(ii) One (1) understory shrub for every one thousand (1,000) square feet of
developed area.
(c) Plant Material Required - Multiple Residential Building Construction. To
achieve an appropriate level of landscaping on a multiple dwelling
residential construction site, the following minimum number of plant
materials shall be provided, exclusive of plant materials required in and
around parking area developments:
(i) One (1) overstory deciduous shade tree, coniferous or ornamental tree
for every four thousand five hundred (4,500) square feet of developed
area.
(ii) One (1) understory shrub for every one thousand (1,000) square feet of
developed area.
(d) Plant Material Required - Parking Lot Development. To achieve an
appropriate level of landscaping of a parking lot development, the
following minimum number of plant materials shall be provided and shall
be placed on the perimeter of parking areas:
(i) One (1) overstory deciduous shade tree, coniferous or ornamental tree
for every fifty (50) feet of parking lot site perimeter.
(ii) Five (5) understory shrubs for every fifty (50) feet of parking lot site
perimeter.
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(iii) Parking lots are part of a developed area and the standards as set forth
in Section 30-727(H) and (I) shall apply. Where parking lot
improvements increase the developed area of a property, additional
landscaping treatments are to be provided within the overall property,
as set forth in Section 30-727(I) (1), (2) and (3).
(e) Ground Cover. All open areas of any site not occupied by a building,
parking or storage shall be planted with turfgrass or hardy ground cover.
Exceptions to this are as follows:
(i) Seeding of future expansion as shown on approved plans.
(ii) Undisturbed areas containing existing natural vegetation which can be
maintained free of foreign and noxious plant materials.
(iii) Areas designated as open space for future expansion areas, properly
planted and maintained with grass.
(f) Slopes and Berms
(i) Final slope grade steeper than the ratio of 3:1 will not be permitted
without special approval or treatment, such as terracing or retaining
walls.
(ii) Berming used to provide required screening of parking lots and other
open areas shall not have a slope to exceed 3:1.
(g) Distribution of Plantings. Required plant materials shall be distributed
proportionately on the site, with priority given to front yard setback areas.
(h) Modification of Landscaping Requirements. Based on unusual conditions,
or in consideration of landscape architecture approaches, or when existing
trees are retained, or when larger size plantings are provided as part of the
overall landscape plan, or when more shrubs may be appropriate versus
more trees (and vice versa), the Zoning Administrator may allow
alterations to the requirements, as long as improvements achieve an
equivalent or greater level of landscaping for the site.
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(3) Plant Materials
(a) Plant Selection. Plant materials provided in conformance with the
provisions of this Ordinance shall be of nursery quality and shall be capable
of withstanding the extremes of individual site microclimates.
(b) Minimum Size of Plantings
(i) Overstory deciduous: One and one-quarter (1 ¼) inch diameter.
(ii) Coniferous: Four (4) feet in height.
(iii) Shrubs: Twelve (12) inches in height.
(iv) Ornamental trees: One and one-quarter (1 ¼) inch diameter.
(c) Unsuitable Trees. The following weak-wooded and generally undesirable
trees, for urban conditions, are discouraged for use in meeting any of the
requirements of this Article:
(i) European Mountain Ash
(ii) European White Birch
(iii) Mulberry
(iv) Poplar
(v) Purple-leaf Plum
(vi) Russian Olive
(vii) Siberian Elm
(viii) Silver Maple
(d) Prohibited Trees. The following weak-wooded and generally undesirable
trees, for urban conditions, shall be prohibited for use in meeting any of the
requirements of this Article:
(i) Ailanthus (Tree of Heaven)
(ii) Box Elder
(iii) Cottonwood
(iv) Willow
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(4) Landscape Maintenance. The owner of the premises shall be responsible for
the watering, maintenance, repair and replacement of all landscaping, fences,
and other landscape architectural features on the site. All planting beds shall
be kept weed free. Plant material which has died shall be replaced with
equivalent vegetation within twelve (12) months.
(5) Landscaping Schedule. All landscaping improvements are to be completed
within twelve (12) months of permit issuance or on a schedule approved by the
Zoning Administrator.
(I) Screening
(1) Off-Street Parking Area Abutting a Public Street. Any off-street parking area
shall provide a minimum five (5) foot green area in the front yard setback
between the lot line and the paved surface of the parking lot, except in the C-2
ETZ General Commercial District, a minimum three and one-half (3 1/2) foot
green area shall be provided. This green area shall be landscaped with a
combination of shrubs, trees and ground cover. Plant material shall consist of
conifer and deciduous species. Non-planted areas of this green area shall not
be paved, but shall either be covered with a weed barrier and mulched, or
planted with ground cover, or both. The green area shall be well maintained
and plantings promptly replaced if dead or diseased. Upon completion of the
approved landscape improvements, a certificate of compliance shall also be
submitted by the owner or agent.
(2) Off-Street Parking Area Abutting Residential Districts. Any off-street parking
area shall provide a solid fence, solid wall or dense hedge/evergreen shrub
border at least five (5) feet high along all lot lines abutting a residential district,
except in the required front yard. Where the parking area abuts an alley, a five
(5) foot green area as required for parking lots abutting a public street, may be
substituted for the required fence.
(3) Off-Street Parking Area Abutting another Off-Street Parking Area. Except for
single family and two family uses, any off-street parking area abutting another
off-street parking area shall provide a five (5) foot minimum green area
between the lot line and the parking area. This green area shall be landscaped
with a combination of shrubs, trees and ground cover.
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(a) Where either or both adjoining properties are less than sixty (60) feet in
width, parking areas on either property which is less than sixty (60) feet in
width may be constructed to the lot line without a parking area setback or
green area required.
(4) Refuse Disposal Area. All developments, except single family and two family
developments, shall provide a refuse disposal area. Such area shall be screened
on four (4) sides (including a gate for access) by a solid, commercial-grade
wood fence, wall, or equivalent material with a minimum height of six (6) feet
and not greater than seven (7) feet in accordance with the provisions of this
Article.
(5) Mechanical Equipment Screens. The screening of mechanical equipment and
utilities shall be regulated as follows:
(a) Mechanical Equipment. Mechanical equipment is defined as devices
installed for a use appurtenant to the property or structures primary use.
Mechanical equipment includes but is not limited to:
(i) HVAC equipment
(ii) Transformers
(iii) Gas and electric meters
(iv) Utility related equipment
(v) Exhaust fans (external to building)
(vi) Louvers/Vents
(vii) Industrial process equipment
(b) Exemptions. For purposes of this section, mechanical equipment that shall
be exempt from this screening policy because of functional concerns
includes:
(i) Satellite dishes
(ii) Antenna, except telecommunication facilities which are regulated in
Section 30-727(J) of the Zoning Ordinance.
(iii) Industrial smoke stacks
(iv) Wind and solar energy units
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(c) General Applicability.
(i) The screening of mechanical equipment and utilities shall be required
for all uses as regulated in this ordinance except for single and two-
family residential uses and those exempted in other sections of the
Municipal Code.
(ii) Table A addresses the applicability of the screening requirements for
various situations such as unit replacements, building additions, etc.
Table A
Situation Type
Pre-Ordinance*
Construction
Post Ordinance
Construction**
(Nonconforming)
Post Ordinance
Construction**
(New Buildings)
Replacement Not Required Required Required
Relocation Not Required Required Required
Additions (Physical
Bldg. Addition)
Required, when single or
cumulative additions
exceed 50% of the floor
area or original building Required Required
Additional
Mechanical Units to
Existing Buildings Not Required Required Required
New Buildings N/A N/A Required
*Pre-ordinance construction refers to building permits issued before July 1, 1996
** Post ordinance construction refers to building permits issued on or after
July 1, 1996
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(iii) Table B addresses the applicability of the screening requirements for
commercial and industrial uses in manufacturing and commercial
zoning districts.
Table B
Use and District Screening Requirements
Industrial Use in Manufacturing Zones***
Side Yard, Rear Yard, and Rooftop Applications Screening Not Required
Industrial Use in Manufacturing Zones –
Street Yard Placement
Screening Required
Non Industrial Uses in Manufacturing Zones Screening Required
Commercial and Industrial Uses in Commercial Zones Screening Required
*** Except in the Highway 41 Corridor Overlay District, on sites located on
Principal Arterial Streets and when adjacent to residential uses.
(iv) Situations which change the status of a conforming mechanical
equipment installation to nonconforming status such as a change in
zoning or establishment of a use shall be regulated as set forth in the
Municipal Code Section 30-704 Nonconforming Structure and Use
Regulations.
(d) Screening Design Standards. Screening for mechanical equipment fall into
the categories of ground mounted, building mounted and roof-mounted.
The design standards below address minimum requirements for each.
(i) Ground-mounted equipment. Ground mechanical equipment must be
hidden from view through the use of one or more of the following:
(aa) Earth berms at a minimum height to fully screen the equipment
from the right-of-way or other users of the site.
(bb) Landscaping that is 90% impervious to site during all seasons of
the year.
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(cc) Solid/opaque fencing and/or walls, which are sensitive to and
coherent with the primary building architecture and/or other
elements of the site.
(ii) Building mounted equipment. Building mounted equipment installed
on the façade visible from an adjacent public right-of-way, residential
use or residential district must be disguised with screening that shall:
(aa) Be architecturally compatible with the primary structure to
which they are attached. Building materials shall be or appear to
be identical to or substantially similar to the façade of the
building on which they are located.
(bb) Be incorporated as part of the building wall, such as flush
mounted vents.
(cc) Be sensitive to and consistent with the color of the existing
structure to which they are attached.
(iii) Roof-mounted equipment. Roof-mounted equipment shall be
screened, preferably by parapet walls. Other acceptable screen types
shall:
(aa) Be architecturally compatible with the primary structure to
which they are attached. Building materials shall be identical to
or substantially similar to the building on which such items are
located.
(bb) Be sensitive to and consistent with the color of the existing
structure to which they are attached.
(cc) Designed in a way to be an integral part of the building’s
architectural design and give the impression that it is something
other than a mechanical screen.
(e) Screening Distance. Mechanical equipment is considered to be screened if
not visible from any portion of the adjacent street right-of-way or adjacent
property lines as measured at a height of 5 feet from the sidewalk/curb
elevation or from the grade of the centerline of the street, if no walk or curb
is present.
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(i) Exceptions can be made for elevated roads that are of a considerable
higher grade from that of the mechanicals; for drastic grade changes; or
other condition as determined by the Zoning Administrator.
(J) Wireless Telecommunication Towers and Antennas
(1) Applicability
(a) New Towers and Antennas. All towers or antennas constructed after
September 1, 1997 shall be subject to all applicable standards of this
paragraph (J).
(b) Preexisting Towers and Antennas. Any tower or antenna for which a
permit has been properly issued prior to September 1, 1997, shall not be
required to meet the requirements of this paragraph (J), other than the
requirements of subsection (2) below. Any such towers or antennas shall
be referred to hereinafter as "preexisting towers" or "preexisting antennas".
(c) Amateur Radio and Receive-Only Antennas. This paragraph (J) shall not
apply to any tower, or the installation of any antenna, that is under seventy
(70) feet in height and is owned by a federally licensed amateur radio
station operator or is used exclusively for a receive only antenna.
(2) General Requirements
(a) Building Codes; Safety Standards. To ensure the structural integrity of
towers, the owner of a tower shall ensure that it is maintained in compliance
with standards contained in applicable State or local building codes and the
applicable standards for towers that are published by the Electronic
Industries Association, as amended from time to time.
(i) If, upon inspection, the Building Inspector concludes that a tower fails
to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner of
the tower, the owner shall immediately bring such tower into
compliance with such standards. Failure to bring such tower
immediately into compliance shall constitute grounds for the removal
of the tower or antenna at the owner's expense.
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(b) State or Federal Requirements. All towers shall meet or exceed current
standards and regulations of the FCC, FAA and any other agency of the
State or Federal Government with the authority to regulate towers and
antennas.
(c) Collocation. Any proposed telecommunication tower and tower site shall
be designed in all respects so as to accommodate collocation of the
applicant's antennas(s) and at least two (2) additional users. Towers and
tower sites shall be designed to allow for future rearrangement of antennas
upon the tower, to accept antennas mounted at varying heights, and to
accommodate supporting buildings and equipment.
(i) The holder of a permit for a tower shall allow collocation for at least two
(2) additional users and shall not make access to the tower and tower
site for an additional user economically unfeasible. If additional user(s)
demonstrate (through an independent arbitrator or other pertinent
means) that the holder of a tower permit has made access to such tower
and tower site economically unfeasible, then the permit shall become
null and void.
(d) Antenna Height. Antenna height shall not be restricted, provided such
device is installed and maintained in accordance with applicable State and
local building codes, and in compliance with current standards of the FAA,
FCC and any other agency of the State or Federal government with the
authority to regulate antennas.
(e) Tower Height: One hundred fifty (150) feet maximum.
(f) Separation between Towers. Separation distances between towers shall be
applicable for a proposed tower and any preexisting towers. The separation
distance shall be measured by a straight line between the base of an existing
tower and the base of a proposed tower.
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SEPARATION BETWEEN TOWERS TABLE
NEW TOWER
TYPE
EXISTING TOWER
TYPE
Lattice
Guyed
Monopole
75 Ft in
Height or
Greater
Monopole
Less Than
75 Ft in
Height
Lattice
5000 ft
5000 ft
1500 ft
750 ft
Guyed
5000 ft
5000 ft
1500 ft
750 ft
Monopole
75 Ft in Height
or Greater
1500 ft
1500 ft
1500 ft
750 ft
Monopole
Less Than 75 Ft
in Height
750 ft
750 ft
750 ft
750 ft
(g) Availability of Suitable Existing Towers, Other Structures or Alternative
Technology
No new tower shall be permitted unless the applicant demonstrates that no
existing tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. Evidence submitted to determine that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
(i) No existing towers or structures are located within the geographic area
which meets the applicant's engineering requirements.
(ii) Existing towers or structures are not of sufficient height to meet the
applicant's engineering requirements.
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(iii) Existing towers or structures do not have sufficient structural strength
to support the applicant's proposed antenna and related equipment.
(iv) The proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause interference with the
proposed antenna.
(v) The fees, costs, or contractual provisions required by the owner in order
to share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
(vi) The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
(vii) The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell
network using multiple low-powered transmitters/ receivers attached
to a wireline system, is unsuitable. Costs of alternative technology that
exceed new tower or antenna development shall not be presumed to
render the technology unsuitable.
(h) Aesthetics
(i) Towers shall maintain either a galvanized steel finish or subject to
any applicable standards of the FAA, be painted a light grey, so as
to reduce visual obtrusiveness and blend in to the natural setting and
built environment.
(ii) At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend the tower facilities to the natural
setting and built environment.
(iii) If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
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(i) Lighting. Towers shall not be artificially illuminated unless required by the
FAA or any other applicable authority. If lighting is required, the lighting
alternatives and design chosen must cause the least disturbance to the
surrounding views.
(j) Fencing. A tower shall be enclosed by security fencing not less than six (6)
feet in height and secured so that it is not accessible by the general public.
Fence design, materials and colors shall reflect the character of the
surrounding area.
(k) Landscaping. A buffer of plant materials to effectively screen the tower
compound from public view and from adjacent properties shall be
provided. The minimum buffer shall consist of a landscape strip at least five
(5) feet in width outside the perimeter of the tower compound. Existing
mature tree growth and natural land forms shall be preserved to the
maximum extent possible. In some cases, such as towers placed on large,
wooded lots, natural growth around the property perimeter may be a
sufficient buffer.
(l) Accessory Equipment and Buildings
(i) Antennas mounted on structures or rooftops: The equipment cabinet or
structure used in association with an antenna may be located on a roof.
Equipment storage buildings or cabinets shall comply with all
applicable building and zoning code requirements.
(ii) Antennas mounted on utility poles, light poles or towers: The
equipment cabinet or structure used in association with an antenna shall
be sited in accordance with the development standards of the
underlying zoning district. Equipment cabinets or structures shall be
screened from view by an evergreen hedge or other suitable landscape
treatments, except where the use of non-vegetative screening would
better reflect and complement the architectural character of the
surrounding neighborhood.
(m) Signs. No signage or advertising is allowed to be placed on a wireless
communication tower.
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(n) Setbacks. The following setbacks shall apply to all towers and antennas:
(i) Towers shall be setback from any residential structure a minimum
distance that is equal to the height of the tower.
(ii) Towers, guy wires, and accessory facilities must satisfy the minimum
zoning district setback requirements.
(3) Permitted Uses. The installation of a tower or antenna, including the
placement of buildings or other supporting equipment used in connection with
said tower or antenna, is permitted in all industrial zoning districts.
(a) Antennas or Towers on Existing Structures. An antenna or tower may be
situated on the roof of a commercial, industrial, professional, institutional
or municipal structure provided that such device is installed and
maintained in accordance with applicable State or local building codes, and
complies with current standards of the FAA, FCC and any other agency of
the State or Federal government with the authority to regulate antennas.
(i) Antennas installed on a structure other than a new communication
tower, or antennas installed on an existing communication tower shall
be permitted where located on property owned, leased or otherwise
controlled by the City, irrespective of zoning district, provided that a
lease or other agreement to authorize such antenna or tower has been
approved by the City.
(b) Antennas on Existing Towers. The attachment of a new antenna on an
existing tower may be allowed, to minimize adverse visual impacts
associated with the proliferation and clustering of towers, provided that:
(i) A tower which is modified or reconstructed to accommodate the
collocation of an additional antenna shall be of the same type as the
existing tower, unless reconstructed as a monopole.
(ii) An existing tower may be modified or rebuilt to accommodate the
collocation of additional antenna and may be moved on-site within
fifty (50) feet of its existing location, but the relocation may only occur
one time per communication tower.
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(iii) After a tower is rebuilt to accommodate collocation, only one tower
may remain on site.
(iv) The on-site relocation of a tower which comes within the separation
distances to residential units or residentially zoned lands shall only be
permitted when approved by the City.
(c) Cable Microcell Network. The installation of a cable microcell network may
be permitted through the use of multiple low-powered
transmitters/receivers attached to existing wireline systems, such as
conventional cable or telephone wires, or similar technology that does not
require the use of towers.
(4) Conditional Uses. The installation of towers and antennas, including the
placement of accessory equipment or buildings, may be allowed by conditional
use permit in all commercial zoning districts. In addition to the standards
identified in this paragraph (10), any request for a conditional use permit must
also comply with the standards identified in Section 30-708 Conditional Use
Permits.
(5) Removal of Abandoned Antennas and Towers. An antenna or tower that is
not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove same within
ninety (90) days of receipt of notice from the City notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within ninety
(90) days shall be grounds to remove the antenna or tower at the owner's
expense. If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
(6) Nonconforming Uses. See Section 30-704 Nonconforming Use Regulations.
(K) Exterior Lighting Standards
(1) The purpose of this Section is to regulate the spill-over of light and glare on
operators of motor vehicles, pedestrians, and land uses in the vicinity of a light
source in order to promote traffic safety and to prevent the creation of
nuisances.
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(2) The requirements of this Section apply to all private exterior lighting within
the jurisdiction of this Chapter, except for lighting of public right-of-way.
(3) Any and all exterior lighting shall be depicted as to its location, orientation,
configuration, and footcandles on the site plan required of the subject property.
(4) Requirement:
(a) In no instance shall an exterior lighting fixture be oriented so that the
lighting element (or transparent shield) is visible from an adjacent property
or street right-of-way. The use of shielded luminaries and careful fixture
placement is encouraged so to facilitate compliance with this requirement.
(b) In no instance shall the amount of illumination attributable to exterior
lighting, as measured at the property line, exceed 0.50 footcandles above
ambient lighting conditions on a cloudless night.
(c) Light fixtures, except of landscape oriented light fixtures, shall not be
located within required setbacks.
(d) Flashing, flickering, moving and/or other lighting which is a nuisance or
may distract motorists, such as red, yellow or green lights near traffic
signals are prohibited.
(e) All areas designated on required site plans for vehicular parking, loading,
or circulation and used for any such purpose after sunset and before sunrise
shall provide artificial light in such areas at a minimum intensity of 0.4
footcandles, except for single family and two family dwellings.
(L) Home Occupation Regulations
(1) Purpose. The purpose of this subsection is to provide for the regulation of
limited non-residential uses conducted within residential living units to ensure
their compatibility with surrounding residential properties and uses.
(2) Definition. Any occupation or business conducted from or within a residential
dwelling unit or its accessory structure that is clearly incidental and
subordinate to the primary residential use.
(3) Uses
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(a) Permitted Uses
(i) Professional home office or art studio.
• Examples include but are not limited to the offices of architects,
attorneys, accountants, realtors, insurance agents, engineers,
brokers, potters, sculptors, painters, photographers, etc.
(ii) Personal and business services, by appointment only and limited to no
more than 2 clients at any time.
• Examples include but are not limited to tailoring, catering, small
appliance repair, taxidermy, barber services, tattoo/body piercing,
locksmithing, etc.
(iii) Retail or wholesale uses, conducted entirely by Internet, mail and/or
off-site.
(iv) Educational and/or instructional uses, by appointment only and
limited to no more than 2 pupils at any time.
• Examples include but are not limited to art, photography, dancing,
music, home crafts, jewelry making, cooking, carpentry, etc.
(v) Gardening and other agribusiness where product is produced on the
premises but where sales are conducted off-site.
(vi) Any use not specifically listed above that is similar in nature and
equivalent in impact to those above, as determined by the Zoning
Administrator.
(b) Prohibited Uses
(i) Retail or wholesale use, except as listed above.
(ii) Commodity or equipment rental.
(iii) Restaurant, tavern or club.
(iv) Amusement/entertainment establishments.
(v) Uses involving the care, grooming, breeding or keeping of animals.
(vi) Uses that create offensive noise, vibration, odor, smoke, dust, heat,
glare or other disturbances other than what is normally produced by
a dwelling unit used solely for residential purposes.
(vii) Automotive service and/or sales.
(viii) Uses that dispatch persons or equipment from the premises, other
than the occupant of the residence.
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(ix) Any use not specifically listed above that is similar in nature and
equivalent in impact to those above, as determined by the Zoning
Administrator.
(4) General Regulations/Standards
(a) The home occupation shall be carried on wholly within the residential
dwelling unit or accessory structure by:
(i) A member of the family residing in said unit.
(ii) One (1) person who is not an actual resident of the dwelling unit.
(b) No home occupation shall have outside employees and/or customers
between the hours of 8:00 p.m. and 8:00 a.m.
(c) No mechanical equipment/machinery shall be used other than is usual,
customary and incidental to the residence for domestic or hobby purposes.
(d) There shall be no outside display or storage of goods, equipment or
materials used in connection with the home occupation.
(i) No vehicles, trailers or other accessory items, other than those permitted
for residential dwellings, shall be permitted to be stored on-site.
(e) Except for articles produced on the premises, no stock in trade shall be
stored or displayed on the premises.
(f) Permitted home occupations conducted within the residential dwelling
unit shall not exceed 20% of the total floor area or 300 square feet, whichever
is less.
(i) The use of an existing garage or accessory building (shed, utility
building, boat house, etc) for the home occupation shall be permitted,
with the provision that the property maintains the required number of
legal off-street parking spaces, as defined in the zoning ordinance.
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(g) There shall be no exterior indication that the home occupation exists.
(i) No signage or on-site advertising is permitted.
(ii) No external alterations or special construction of the premises are
permitted, such as the creation of a separate or exclusive business
entrance.
(h) On-Site Parking is Required. Parking spaces shall be separate from and in
addition to those required for the residential use and shall be required as
below:
(i) One (1) legal on-site parking space shall be provided for the home
occupation use.
(ii) One (1) legal on-site parking space be provided for an employee, if
applicable.
(iii) Driveway/stacked spaces (paved area leading to residential parking
spaces) may be used to satisfy the on-site parking requirements for a
home occupation.
(i) There shall be no commodities sold or services rendered that require receipt
or delivery by means other than a passenger vehicle or by U.S. Postal Service,
UPS, FedEx or similar delivery service customary to residential uses.
(5) Permit Process
(a) Permit Required. The use of a residence for home occupation purposes as
set forth in this section shall require a permit from the Department of
Community Development.
(i) The applicant shall submit a completed application and any supporting
documentation to the Department of Community Development.
(ii) A permit shall not be issued until the Zoning Administrator determines
that the proposed home occupation complies with the standards as set
forth in this ordinance.
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(iii) Should the Department of Community Development determine that
the proposed home occupation does not conform to the standards; the
home occupation application shall be denied.
(b) A permit for home occupation is valid for 12 months annually (January –
December). It must be renewed every year, subject to the provisions of this
section.
(6) Special Permit Provisions
(a) Approvals/permits required by other regulatory bodies, such as the Health,
Police or Fire Departments must be submitted prior to the issuance of the
home occupation permit.
(b) A permit for a home occupation is issued to an individual person. It is not
transferable to any other resident, address or other occupation. Upon
termination of the permit holder’s residency, the home occupation permit
shall be null and void.
(c) A permit for a home occupation shall be revocable by the Zoning
Administrator due to failure of the owner/operator to observe all
requirements of the permit and/or Zoning Ordinance.
(M) High Risk Sexual Conduct Establishments
(1) Except as otherwise noted, the provisions of this Article shall apply to
all commercial establishments, including existing ones, which offer
entertainment including "Booths, stalls, partitioned portions of a room
or individual rooms" which shall mean such enclosures as are
specifically offered to the public or members of that establishment for
hire or for a fee as part of a business operated on the premises which
offers as part of its business the entertainment to be viewed within the
enclosure; which shall include, without limitation, such enclosures
wherein the entertainment is dispensed for a fee, but a fee is not charged
for mere access to the enclosure.
The phrase "booths, stalls, partitioned portions of a room, or individual
rooms" does not mean enclosures which are private offices used by the
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owners, managers, or persons employed on the premises for attending
to the tasks of their employment, and which are not held out to the
public or members of the establishment for hire or for a fee or for the
purposes of viewing entertainment for a fee, and which are not open or
available to any persons other than owners, managers, or employees.
(2) No person, partnership, corporation or other entity shall own operate,
manage, rent, lease occupy, or exercise control of any commercial
building, structure, premises, or portion or part thereof, which is subject
to this Article, that is located closer than 500 feet from the nearest lot
line, that is the legal boundaries of a parcel of property, of any Class
"B"/"Class B" establishment, of any parcel of a similar establishment, any
establishment governed by Section 17-2 of this Code, or any school
(whether pre-school, elementary, middle, or high school), residentially-
zoned property, library, church or chapel, park or playground, or
licensed day-care facility.
(3) It is the intent of this paragraph (3) that such establishments, whose
operations on the effective date of this ordinance subject them to
regulation of this Section, shall be subject to the provisions of Section 30-
704 NON-CONFORMING USE REGULATIONS of this Code, except
that such privilege of nonconforming use shall cease upon the
discontinuance of the activities within such establishment for seven
consecutive calendar days, including any days when the establishment
is normally closed for business.
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SECTION 30-726 EXTRATERRITORIAL OFF-STREET PARKING & LOADING
FACILITIES
(A) General Provisions. This article regulates the minimum/maximum number, the use,
the design and the maintenance of parking spaces, parking lots, drives/driveways,
aisles, loading and drive-through facilities within the City of Oshkosh.
(1) When Required. Off-street parking spaces shall be provided at the time any
structure is erected, structurally altered or changed of inuse, unless otherwise
noted in this Chapter.
(a) Mixed use/upper floor residential uses need only provide evidence of the
availability of off-street public or private parking within 1,000 feet of the
unit.
(b) Use Changes
(i) Whenever a commercial or industrial structure or use is changed or
enlarged in floor area, number of employees, seating capacity or
otherwise, to create a need for an increase of 10% or more in the
number of existing parking spaces, said spaces must be provided.
(ii) Whenever a structure or use is enlarged to the extent of 50% or more in
floor area or in the area used, said structure or use shall then and
thereafter comply with the parking requirements set forth herein.
(c) Special Provisions for Nonconforming Parking Lots. Legally established
parking facilities constructed prior to the effective date of this Ordinance
with less setbacks than required by this Ordinance shall be permitted to be
reconstructed with less setbacks subject to approval of a parking lot layout
plan by the Zoning Administrator. Said parking lot layout plan shall be
designed in accordance with the dimensions identified in Table A and
Figure 8 of this chapter. Parking lot reductions shall only be provided in the
following instances:
(i) To prevent the loss of Ordinance required legal parking spaces;
(ii) To prevent the loss of required legal internal circulation aisle ways;
(iii) To retain the functionality of the parking lot.
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The remaining setback area shall be devoted to landscape buffer area per
parking lot perimeter landscape requirements. If, in the opinion of the
Zoning Administrator, the remaining setback area cannot effectively
support any type of vegetation, the parking facility may be reconstructed
to the existing setback, with the exception that curbing, decorative masonry
wall and/or wrought iron fence be installed along said parking lot
perimeter to prevent vehicles from encroaching over the right-of-way or
property lines.
Parking lots with existing curbing installed along perimeter property lines
and adjacent to the right-of-way shall be allowed to be reconstructed inside
of said curbed area provided the curbing is not being removed and/or
reconstructed.
The provisions of this Ordinance pertaining to the installation of curbing
located in Section 30-728(E)(4) and internal landscaping located in Section
30-728(E)(8) shall not apply to the reconstruction of parking lots of 50 stalls
or less.
(2) Location. All parking spaces shall be located on the same lot as the structure
or use that they are intended to serve, unless otherwise specified in this
ordinance.
(a) In the commercial and industrial zoning districts when an increase in the
number of spaces is required due to a change or expansion of a use, or if the
parking spaces are used jointly by 2 or more structures or establishments,
the parking spaces must be located within 1,000 feet of the structure being
served. In those cases where parking is provided off-site or where used
jointly, a written agreement to assure their retention for such purposes shall
be properly drawn and executed by the parties concerned, approved as to
form and executed by the City Attorney and shall be filed with the
application for a building permit.
(b) There shall be no parking in designated setback areas or outside of
designated parking spaces, except in the driveways of single family and
two family dwellings.
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(i) Transitional yards as regulated in Section 30-475 of the Zoning Code
take precedent over zoning district setback requirements.
(ii) Vehicular access easements across side and rear yard setbacks of
adjoining parking and loading facilities in commercial and industrial
districts, across side and rear yards of parking and loading facilities of
uses allowed by conditional use permit in residential districts, and
across side and rear yard setbacks of multi-family developments in
multiple family dwelling districts may be approved provided a cross
access easement is approved by the City Attorney and filed with the
Register of Deeds.
(iii) Multiple family dwelling uses in multiple family dwelling districts
may reduce setbacks to a 10 foot minimum rear and side yard setback
for parking lots, unless a greater setback is required per transitional
buffer yard standards, and provided the setback areas are devoted to
green area and comply with the landscaping requirements of this
Ordinance.
(3) Calculation of Requirements. Calculating the number of spaces required shall
be in accordance with the following:
(a) Net Floor Area. The term “Net floor area” (NFA), for the purpose of
calculating the number of off-street parking spaces required, includes the
sum of the gross horizontal area of a floor or several floors of a building or
structure measured from the interior face of exterior walls or the centerline of
a wall separating two buildings or structures, not including
uninhabitable/unusable attics or basements, underground parking,
uncovered steps, unused decks or exterior balconies, mechanical rooms,
elevator shafts, permanent accessory storage, internal loading areas, and
other areas as determined by the Zoning Administrator.
(b) Assembly. In places of public assembly in which patrons or spectators
occupy benches, pews or other similar seating facilities, each 30 inches of
such seating shall be counted as one seat for the purpose of this ordinance.
(c) Capacity. In cases where parking requirements are based on “capacity” of
persons, capacity shall be based on the maximum number of persons that
may occupy a place, as determined by the Building Code.
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(d) Fractions. Where fractional spaces result, the parking spaces required shall
be construed to be the next largest number.
(e) Shopping Centers/Joint Parking. Except in shopping centers or where joint
parking has been approved, if a structure or site contains two or more
principal uses, each use shall be calculated separately in determining the
total off-street parking spaces required.
(f) Unspecified Uses. The Zoning Administrator shall interpret parking space
requirements for any use not specifically listed in Table B of this ordinance
and shall determine the required parking from comparable uses listed or
may consult the following sources:
(i) ITE – Institute of Traffic Engineers
(ii) ULI – Urban Land Institute
(iii) ICSC – International Conference of Shopping Centers
(iv) APA – American Planning Association
(4) Limitations on Parking Facility Uses
(a) In residential districts and on residentially used lots, accessory off-street
parking facilities shall be solely for parking of passenger vehicles, which
shall be regulated as follows:
(i) All vehicles shall be in condition for safe and legal performance on
public right-of-ways and shall be registered, displaying current license
plates.
(ii) A maximum of one (1) commercial vehicle per dwelling unit may be
parked outdoors on residential property if:
• Used by a resident of the dwelling unit;
• Has a manufacturer’s gross vehicle weight rating of 10,000 pounds
or less and is less than 21 feet in length.
(iii) Vehicles and or equipment not normally associated with a residential
use specifically prohibited from being parked or stored outdoors on
residential property include, but are not limited to:
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• Construction equipment, such as bulldozers, backhoes, skid steers,
and fork lifts
• Dump and stake body style trucks
• Cube type vans and trucks
• Landscaping business equipment such as tractors, tree spades,
graders and scrapers
• Semi-trailers and tractors
• Concession, vending and catering trailers
• Commercial/Industrial equipment trailers and lifts
• Tow trucks, wreckers or car carriers except that one light duty tow
truck (not a roll back, flatbed, or carrier type) with a gross vehicle
weight rating not exceeding 12,000 pounds may be parked on a
residential lot when on call operating under the rotating call list
established and kept by the Oshkosh Police Department.
(iv) A recreational vehicle (RV) associated with and customary to
residential uses may be parked as if a passenger vehicle but shall not
be utilized for storage of goods, materials or equipment other than is
considered part of the RV or essential to its function.
(v) Under no circumstances may any vehicle or equipment be used as
living quarters in residential areas.
(b) Off-street parking and loading facilities and commercial drives providing
access to them shall not be used, except through a temporary use permit as
regulated in Section 30-709 of the Municipal Code, for the following:
(i) Servicing, repair, rental or sale of vehicles, unless said sales are part of a
City of Oshkosh permitted auto sales occupancy.
(ii) Display of merchandise or outdoor product storage, including but not
limited to the storage of vehicles.
(iii) Parking of unlicensed, inoperable vehicles.
(iv) Enclosed container storage.
(v) Any other use except customer and employee vehicle parking, unless
such use is approved through a planned development review or
conditional use permit.
(B) Driveway Regulations and Design Requirements.
(1) Single and Two-Family Residential Driveways
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(a) Single-family uses are limited to one driveway per lot unless otherwise
regulated in this code. Two-family uses are permitted two driveways per
lot unless otherwise regulated in this code.
(b) Driveways may be constructed as follows but shall not interfere with lot
drainage or subdivision drainage plans:
(i) Driveways shall be setback a minimum of 6 inches from the side lot line
on parcels with less than 60 feet of lot width/frontage. On parcels
where the available side yard area prohibits the ability to
create/maintain an 8 foot driveway and the required setback as listed
below, the setback may be reduced the smallest distance necessary.
(ii) Driveways leading to detached garages shall
be setback a minimum of 2.5 feet from the
side lot line or the setback of the
detached garage or uncovered
parking space next to the garage.
(iii) Driveways leading to attached
garages or uncovered parking areas
shall be setback a minimum of 7.5 feet
from the side lot line or the setback of
the uncovered parking area.
(c) Driveways shall be a minimum width of 8
feet. Driveways leading to garages are
limited to 24 feet maximum width at the lot
line but may increase to the width of the
garage. Where no garage exists the
maximum driveway width shall be 12 feet
and shall be situated as not to create only
front yard parking. (See Figure 1) The Zoning Administrator may reduce
the minimum driveway width to that which is deemed functional, if an 8
foot driveway is unattainable. This remedy should only be implemented if
the allowances of Section 30-728 (B)(1)(b)(i) are ineffectual.
Figure 1. Single and Two-Family
Residential Driveway
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Figure 2. Single and Two-Family
Residential Driveway with Taper
(i) Where the width of the driveway at
the garage exceeds the maximum
width of the driveway at the lot line,
the driveway shall be tapered between
the garage or the edge of the
uncovered space alongside the garage
and the lot line starting a minimum of
5 feet inside the parcel. The drive
width shall be the least possible
needed when leading to a legal
uncovered space next to the garage.
(See Figure 2)
(ii) Drives for two-family uses with
adjacent garages are limited to the 24
feet maximum width at the property
line. To achieve this, each individual
driveway must be separated by a
minimum of a 4 foot green area
extending the full length from the
property line to the garage/parking
space (See Figure 3)
Figure 3. Two-Family Residential
Driveway with Separation
Figure 4. Single and Two Family Residential
Circular Driveway
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(d) Circular, horseshoe and similar type
driveways shall be permitted where the
minimum lot width is at least 100 feet.
The maximum width of such a driveway
shall not exceed 12 feet, except for the
area of allowable paving in front of the
garage, and the inside edge of the arc of
the driveway shall be at least 25 feet from
the lot line. For driveways with two curb
openings, the spacing shall provide a
minimum dimension of 50 feet between
the inside driveway edges, measured at
the lot line (See Figure 4).
(e) Driveways and uncovered spaces shall be constructed in accordance with
this code within 18 months of construction. If not dust free for up to the
permitted 18 months, the minimum aggregate base of 4 inches is required.
(f) Shared driveways (drives located on multiple lots and typically situated
over lot lines) that existed prior to the adoption of this code may remain as
legal nonconforming drives and may be reconstructed as is with a cross
access easement being recorded with the Register of Deeds.
(g) Any time a driveway is expanded by more than 50% of the width
(measured at the property line), length, or surface area, the entire driveway
shall be brought into compliance with this code.
(h) Additional regulation on drives for single and two-family uses can be found
within Chapter 25 of the Municipal Code.
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(2) Multi-family Residential, Commercial and Industrial Use Drives
(a) Driveways must meet the setback and
other regulations of their underlying
zoning designation, including but not
limited to transitional yards.
(b) Additional regulation on drives for
multifamily, commercial and industrial
uses can be found within Chapter 25 of the
Municipal Code.
(c) Vision triangle established at parking lot
entrances. Fifteen (15) foot minimum,
unless otherwise regulated by setback standards of the underlying zoning
district. No structures or landscaping shall be placed between 24 inches
and 8 feet in height in the vision triangle area.
(C) Parking Space Design - Single & Two-Family Uses
(1) Legal Spaces. Parking spaces must be provided either within a garage or as
uncovered spaces (meeting principal structure setbacks and screened per
screening code, Section 30-727(I) of the Municipal Code (See Figure 6).
Figure 5.
Figure 6. Single and Two-Family Residential Parking Spaces
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(a) Driveways may be used for parking only when said driveway leads to legal
parking stalls, as defined above.
(b) One uncovered parking space is permitted alongside a garage, as outlined
below:
(i) On interior lots, one uncovered parking space is permitted alongside the
garage when said space is not located between the building and the
street or the building and the rear lot line and is no closer than 7.5 feet
from a side lot line.
(ii) On corner lots, one uncovered parking space is permitted alongside the
garage when said space is not located between the building and the
street is no closer than 7.5 feet from the rear lot line.
(iii) Any uncovered parking space alongside a garage must be screened
from view per screening code, Section 30-727(I) of the Municipal Code
(See Figure 7a and 7b.)
Figure 7a. Single and Two-Family
Residential Space Beside Garage
(Interior Lot)
Figure 7b. Single and Two-Family
Residential Space Beside Garage
(Corner Lot)
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(c) Impervious surface associated with rear yard parking shall be no greater
than 30% of the total rear yard area.
(2) Surfacing. All driveways and parking spaces shall be graded and surfaced so
as to be dust-free and properly drained.
(a) Dust-free surface: All driveways and parking areas shall be surfaced with a
minimum thickness of 3 inches of asphaltic concrete, concrete, or any
Department of Public Works approved bituminous surfacing over a
minimum thickness of 4 inches of an aggregate base material.
(b) Drainage: Parking areas shall be designed in such a manner so as to not
have a negative surface water drainage impact on adjacent properties and
to provide functional relief from said area.
(D) Single and Two Family Dwelling Parking Standards for Substandard Lots.
Passenger vehicle parking for single or two family parcels with less than 60 feet of
lot width or less than 100 feet of lot depth are regulated as follows:
(1) Driveways shall be considered legal “stacked” parking spaces provided that
each space is no less than 9 feet in width and 18 feet in depth.
(2) Open parking areas, including driveways as discussed above, are permitted
with the following setbacks:
(a) A front yard setback no less than the setback of the front façade of the
principal structure.
(b) Side yard setback between front and rear facades of principal structure of
no less than 6 inches.
(c) Side yard setback past rear façade of the principal structure and the rear lot
line of not less than 2.5 feet.
(d) Rear yard setback of not less than 2.5 feet.
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(3) Open parking situated beyond the rear façade of the principal structure must
be screened with a minimum of 5 foot tall vegetation, fencing or other material
that creates a solid screen, impervious to sight from adjacent properties,
excluding views from the side of the lot where access is provided.
(4) Open parking spaces located beyond the rear façade of the principal structure
may be reduced in depth to 16 feet provided permanent wheel stops are
supplied.
(5) Impervious surface associated with rear yard parking shall be no greater than
50 percent of the total rear yard area.
(E) Parking Area Design & Maintenance-Multi-Family, Commercial and Industrial
Uses.
(1) Parking Plan Required. Creation of new or reconstruction/alteration of an
existing parking/loading area requires a parking plan.
(a) Parking plans shall include the following information:
(i) Show all lot dimensions and lot lines.
(ii) Paved areas shown and dimensioned.
(iii) The traffic pattern and parking space layout shall be indicated,
including required handicapped spaces.
(iv) The dimension of individual parking spaces and aisle width shall be
identified.
(v) The size and location of ingress and egress openings.
(vi) The location, size at planting, and species of all landscape plantings.
(vii) The location of all lighting systems.
(viii) Drainage and/or stormwater management plan subject to approval
by the Department of Public Works.
(ix) The site plan shall be drawn to scale of no less than 1” = 100’.
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(2) Access to Parking Areas/Stalls
(a) Parking spaces and access drives shall be arranged so as to require ingress
and egress from the parking lot to a street only by forward motion of a
vehicle.
(b) Angled spaces (those other than 0 or 90) shall be accessed via one-way
aisles.
(3) Surfacing. All driveways, access drives, parking lot aisles, parking spaces,
service areas, and all off-street parking facilities shall be graded and surfaced
so as to be dust-free and properly drained.
(a) Dust-free surface: All driveways and parking areas shall be surfaced with a
minimum thickness of 3 inches of asphaltic concrete, concrete, or any
Department of Public Works approved bituminous surfacing over a
minimum thickness of 4 inches of an aggregate base material.
(b) Drainage: Parking areas shall be designed in such a manner so as to not
have a negative surface water drainage impact on adjacent properties and
to provide functional relief from said area. Storm sewers which serve
parking lots shall be designed to accommodate a 10-year storm event
without surcharging out of the rim.
(4) Curbs. A minimum 6 inch high curb shall be installed around all parking areas
and internal landscape islands, except as follows:
(a) At designated driveways and cross access areas.
(b) Where bio-retention methods of stormwater management are utilized as
part of an approved grading and drainage plan, alternative methods to the
installation of curbing may be considered by the Department of
Community Development provided that measures are taken to protect
landscaping from vehicular circulation damage.
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(c) For industrial uses within industrial zoning districts, curbing is only
required adjacent to buildings, planting islands, and required front yards
so that no part of a vehicle extends over or beyond any pedestrian paths or
public right-of-way.
(5) Striping. All parking spaces and drive aisles shall be striped and maintained
in a clear and visible manner.
(6) Maintenance of Parking Areas. Parking facilities and required screening and
landscaping shall be continuously maintained in good condition and
appearance. Whenever necessary, surfacing, lighting, barriers, markings, and
planting materials shall be repaired or replaced with new materials in
compliance with the provisions of this Ordinance.
(7) Size of Stalls and Drive Aisles. Parking stalls and drive aisles shall be installed
in conformance with Table A and Figure 8 below:
(a) Parking stall dimensions are based on the angle of the stall and the function
of the drive aisle.
Table A: Parking Stall Dimensions
Angle (A)
Curb Width
(B)
Stall Length
(C)
One-Way
Aisle Width
(D)
Two-Way
Aisle Width
(D)
0 22' 9' 14' 24'
45 12' 6" 18’ 14' 24’
60 10' 3" 18’ 16' 24’
90 9' 18' * 24' 24'
*Stall depth may be reduced by 2' provided overhang is over a
landscaped area and a concrete curb or wheel stop is provided to
protect vegetation.
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(8) Screening and Landscaping: In accordance with Section 30-727(I) and the
following:
(a) Interior parking lot landscaping shall be required for any parking lot with
more than 20 parking spaces. Internal parking lot landscaping shall be
accomplished by the installation of landscape islands or other types of
landscape application approved by the Zoning Administrator.
(b) Landscape planter islands shall contain
a minimum of 125 square feet in area,
and be at least 7 feet in width measured
from the back of curb. For double-
parking rows, a minimum 250 square
foot landscape planter island shall be
required. The 7 foot dimension may be
reduced to accommodate the triangular
shape resulting from angled parking.
Figure 8-A Parking Stall Dimensions
[Revised 5/26/09]
Figure 9. Landscape Planter Islands
Figure 10. Interior Landscaping
Figure 8-B
Two-Way Angle Parking
[Revised 5/26/09]
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(i) Exception. A continuous 7 foot Wide
landscape strip may be provided
between double parking rows in place of
landscape planter islands.
(c) Islands are required at the ends of
all parking rows, driveway
entrances, and at intermediate
locations such that there is a
maximum of 180 feet between
islands.
(i) Landscape islands are required when parking stalls abut at right angles.
(d) All landscaped islands shall be crowned for positive drainage unless bio-
retention methods of stormwater management are being utilized per an
approved stormwater management plan by the Department of Public
Works.
Figure 11. Landscape Islands at Row Ends
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(e) One deciduous shade tree shall be provided for every planting island and
every 40 linear feet of continuous landscape strip. Coniferous and
ornamental trees, may be used to supplement deciduous shade trees in
locations, in the opinion of the Zoning Administrator, that may not support
healthy deciduous shade tree growth. Double row islands shall include 2
deciduous trees.
(i) Trees shall be a minimum of 2 inches in caliper and not less than 6 feet
tall at planting.
(ii) Shrubs shall be a minimum of 18 inches at planting.
(f) Landscape islands shall be planted with grass, low ground cover, shrubs,
flowers, or combination thereof.
(g) To ensure proper visibility within the parking lot, shrubs shall be no greater
than 24 inches in height and the branches of trees shall start no less than 6
feet unless located in areas that do not affect driver visibility.
(h) All plant species shall be taken from an approved landscaping list
maintained by the Zoning Administrator.
(9) Walkways and Pedestrian Access. Walkways shall provide pedestrian access
through parking lots from street sidewalks to building entries. Walkways shall
be located and aligned to directly and continuously connect areas or points of
pedestrian origin and destination, and shall not be located and aligned solely
based on the outline of a parking lot configuration unless such configuration
allows for direct pedestrian access.
(a) One pedestrian access is required per street frontage.
(b) Design requirements. Walkways shall have an acceptable dust free surface
not less than 5 feet in width and shall be grade separated from the parking
lot or otherwise delineated with pavement markers, planters, or alternate
paving materials.
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(i) The entirety of the on-site pedestrian walkway system shall be marked
and defined using pavement treatments, signs, lighting, median
refuge areas, and landscaping as appropriate and approved by the
Zoning Administrator.
(ii) Where the primary pedestrian access to the site crosses drive aisles or
internal roadways, the pedestrian crossing shall emphasize and
place priority on pedestrian access and safety.
(iii) The material and layout shall be continuous as the pedestrian access
crosses the driveway with a break in continuity of the driveway
paving and not in the pedestrian access way.
(10) Parking Lot Lighting: See Section 30-727(K).
(F) Off-Street Parking Requirements. Accessory, off-street parking shall be provided
as specified in Table B: Specific Off-street Parking Requirements, except as
otherwise specified in this Chapter.
(1) Use Categories Relating to Required Parking. Many uses are generalized
within Table B: Specific Off-street Parking Requirements. The use of specific
classifications would make the table extremely large and burdensome to use,
therefore certain uses have been placed into categories as follows:
(a) General office: Use of a building for administrative, executive, professional,
research, or similar organizations having only limited contact with the
public. A general office is characterized by a low proportion of vehicle trips
attributable to visitors or clients in relationship to employees. Examples
include, but are not limited to firms providing architectural, computer
software consulting, data management, engineering, interior design,
graphic design, real estate, insurance, investment or legal services.
(b) Service businesses: An establishment providing services rather than the
sale of products.
(i) Personal service business: An establishment providing services that are
of a recurring and personal nature to individuals that produce
minimal off-site impacts. This term includes but is not limited to the
following uses:
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• bank
• barber and beauty shops
• dry-cleaning
• interior decorating/upholstery
• locksmith
• shoe repair
• tanning salon
• tailor shop
• tattoo or body piercing establishment
• watch repair, other small goods repair
(ii) Business service: An establishment primarily providing services to
businesses or individual businesspeople on a fee or contract basis,
including, but not limited to:
• business equipment and furniture sales or rental
• copy center, excluding offset printing and publishing
• commercial photography studio
• mailing and packaging service
(c) General retail: The retail sale of products, sometimes with provision of
related services, to the general public that produce minimal off-site impacts.
General retail sales include but are not limited to the following:
• antiques and collectibles store
• art gallery
• Automobile supply
• bicycle sales and repair
• book store, music store
• clothing and accessories
• drugstore, pharmacy
• electronics & appliance sales and repair
• florists
• food store, including grocery, bakery, butcher shop, delicatessen, etc.
• jewelry store
• hardware store
• liquor store
• newsstands, magazine sales
• photographic equipment and supplies
• picture framing
• sporting goods store
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• stationery store
• tobacco store
• video rental or sales
(2) Minimum & Maximum Parking Required: The minimum and maximum
parking for uses are regulated as follows:
(a) Specific Off-Street Parking Requirements
Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
RESIDENTIAL USES
DWELLINGS
Single-family
dwelling, mobile
home in park
2 spaces per
dwelling unit
N/A
Two-family
dwelling
2 spaces per
dwelling unit up to
3 bedrooms and ½
space per
additional bedroom
N/A
Multiple family
dwelling
2 spaces per
2 bedroom or less
unit plus 0.5 space
per additional
bedroom over 2
bedrooms
per unit
N/A
Active adult, senior
or retirement
community (not
including nursing
home or assisted
living)
1 space per
dwelling unit
N/A If use can be converted to general
housing, proof of additional
available parking is required.
Home occupation As required for
dwelling unit
N/A At least one of the required spaces
shall be accessible for client parking
Table B: Specific Off-Street Parking Requirements
[Revis5/26/09]
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City of Oshkosh Chapter 30 - Article XXVI - Page 115 Municipal Codes
Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
CONGREGATE LIVING
Lodging, boarding
or halfway house, &
off-campus student
housing, including
fraternity / sorority
house
1 space per room,
plus one space for
each fulltime staff
equivalent
N/A If use can be converted to general
housing, proof of additional
available parking is required.
On-campus student
housing
To be determined
by zoning
administrator
based on
parking study
N/A Parking study required
Group homes,
homeless shelters
1 space per
employee on the
largest shift plus
1 space for every
4 residents based
on capacity
N/A If use can be converted to general
housing, proof of additional
available parking is required.
Convent, monastery 1 space per 3 beds
plus 1 space per
employee on the
largest shift
N/A
Nursing home,
assisted living
facility
1 space per 4 beds
plus 3 spaces per
4 employees on the
largest shift
1 space per 2.5 beds
plus 3 spaces per 4
employees on the
largest shift
A plan to manage parking during
shift changes shall be provided to
the Zoning Administrator.
EDUCATIONAL USES
Family daycare
home
Residential
requirement plus 1
drop-off space
N/A Drop-off space may be on-street
adjacent to residence with
permission of the Transportation
Director.
Daycare facility 1 space per
employee plus
1 space per 10
students (or 1 space
per 15 students
with dedicated
drop-off)
2 spaces per
employee plus 1
space per 5
students based on
capacity
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Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
School, grades K-12 To be determined
by zoning
administrator
based on
parking study
To be determined
by zoning
administrator
based on
parking study
Parking study required.
College or
university, other
adult learning center
To be determined
by zoning
administrator
based on
parking study
N/A Parking study required
Trade school, art
school, dance school,
etc.
1 space per staff
member plus 1
space per 4
students based on
capacity
1 space per staff
member plus 1
space per 3
students based on
capacity
INSTITUTIONAL AND CIVIC USES
Community center,
neighborhood center
Parking equal to 30
percent of the
capacity of persons
or 1 space per
400 sq. ft.,
whichever is
greater
Parking equal to 50
percent of the
capacity of persons
or 1 space per
300 sq. ft.,
whichever is less
Cultural institution,
library
Cemetery To be determined
by zoning
administrator
based on
parking study
N/A Parking study required
Hospital To be determined
by zoning
administrator
based on
parking study
N/A Parking study required
Public Park, with or
without playing
fields
To be determined
by zoning
administrator
based on
parking study
N/A Parking study required
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Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
Religious institution,
place of worship
1 space per each 5
seats based on
design capacity of
the main assembly
hall
1 space per each 3
seats based on
design capacity of
the main assembly
hall
Additional facilities/associated uses
may require additional parking, as
determined by zoning
administrator
PUBLIC SERVICE AND UTILITIES
Governmental
and public
utility
buildings and
structures
1 space per
employee plus
visitor parking as
determined by
zoning
administrator
N/A
COMMERCIAL USES
OFFICES
General office,
government office,
medical office, clinic
5 spaces for first
1,000 sq. ft. NFA
plus 1 space per
300 sq. ft. thereafter
5 spaces for first
1,000 sq. ft. NFA
plus 1 space per
200 sq. ft. thereafter
ACCOMMODATION AND FOOD SERVICE
Bed and breakfast,
tourist home
1 space per guest
room in addition to
dwelling unit
requirements
1.5 space per guest
room in addition to
dwelling unit
requirements
Hotel, motel 1 space per
guest room
2 space per
guest room
Additional facilities may require
additional parking, as determined
by zoning administrator
Restaurant, drive-
through
1 space per 150 sq.
ft. of interior, plus 1
space per 200 sq. ft.
exterior seating
area
1 space per 80 sq. ft.
of interior, plus 1
space per 100 sq. ft.
exterior seating
area
Restaurant, dine in 1 space per 100 sq.
ft. of interior, plus 1
space per 200 sq. ft.
exterior seating
area
1 space per 40 sq. ft.
of interior, plus 1
space per 100 sq. ft.
exterior seating
area
Tavern or bar 1 space per 80 sq. ft. 1 space per 50 sq. ft.
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Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
SERVICE BUSINESSES
Personal service
businesses not
individually listed
1 spaces per 250 sq.
ft. plus 1 space per
1,000 sq. ft. outside
sales or display
area
1 space per
150 sq. ft.
Includes any service uses not
specifically listed in this table.
Business services
business, not
individually listed
1 spaces per 350 sq.
ft. plus 1 space per
1,500 sq. ft. outside
sales or display
area
1 space per
250 sq. ft.
Funeral home 1 space per each 5
seats in the main
assembly room
plus 1 space for
each 5 persons of
max design
capacity of area not
used for seating
1 space per each 3
seats in the main
assembly room
plus 1 space for
each 3 persons of
max design
capacity of area not
used for seating
Veterinary clinic, pet
care/grooming
facility
1 space per
300 sq. ft.
1 space per
200 sq. ft.
RETAIL
General retail sales
& Shopping center
1 space per 300 sq.
ft. plus 1 space per
1,000 sq. ft. outside
sales or display
area
1 space per 200 sq.
ft. plus 1.3 space
per 1,000 sq. ft.
outside sales or
display area
Includes any retail uses not
specifically listed in this table
Retail Sales, greater
than 50,000 sq. ft.
1 space per 500 sq.
ft. plus 1 space per
1,000 sq. ft. outside
sales or display
area
1 space per 300 sq.
ft. plus 1.3 space
per 1,000 sq. ft.
outside sales or
display area
Pharmacy, drug
store
1 space per
250 sq. ft.
1 space per
150 sq. ft.
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Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
AUTOMOBILE SERVICES
Automobile sales 1 space per 300 sq.
ft. plus 1 space per
3,000 sq. ft. outside
sales or display
area
1 space per 150 sq.
ft. plus 1 space per
1,500 sq. ft. outside
sales or display
area
Parking spaces shall be separate
and distinct from display spaces
Automobile rental 1 space per 300 sq.
ft. plus adequate
storage space for
rental vehicles
maintained on site
1 space per 200 sq.
ft. plus adequate
storage space for
rental vehicles
maintained on site
Parking spaces shall be separate
and distinct from rental storage
spaces.
Motor vehicle repair,
major or minor,
service station
1 space per 300 sq.
ft. of area used for
retail sales or
customer service
plus 1 space per
service bay
1 space per 200 sq.
ft. of area used for
retail sales or
customer service
plus 2 spaces per
service bay
Service bay shall not be counted as
a parking space
Carwash 1 space per
employee plus
stacking
1.5 space per
employee plus
stacking
COMMERCIAL RECREATION AND ENTERTAINMENT
Auditorium, theater,
convention center,
stadium, ball park,
athletic field, outdoor
sport arena
1 space per each 5
people based on
capacity or seating
1 space per each 3
people based on
capacity or seating
Parking study may be required for
large or multiple-use facilities
Nightclub, dancehall 1 space per
100 sq. ft.
1 space per
50 sq. ft.
Bowling alley, golf
course
4 spaces per lane/hole
plus parking equal to
30% of required for
related uses such as
dining or
entertainment
6 spaces per lane/hole
plus parking equal to
50% of required for
related uses such as
dining or
entertainment
Club or fraternal
organization
1 space per
300 sq. ft.
1 space per
200 sq. ft.
Pool hall, arcade, or
similar recreation
facility
1 per game
unit/table
3 per game
unit/table
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Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
Sports, health
facility/ health club
1 space per 250 sq.
ft. plus 2 spaces per
tennis or racquet
ball court, plus
additional spaces
as required for
swimming
pools, etc.
1 space per 175 sq.
ft. plus 4 spaces per
tennis or racquet
ball court, plus
additional spaces
as required for
swimming
pools, etc.
Swimming pool,
skating rink or
hockey rink
1 space per
150 sq. ft.
1 space per
100 sq. ft.
MANUFACTURING AND STORAGE
Industrial uses –
including limited
production and
processing, and
other industrial uses
not specified below
1 space per 1.5
employee on the
largest shift, based
on maximum
planned
employment
1 space per 1
employee on the
largest shift, based
on maximum
planned
employment
Additional facilities/associated uses
may require additional parking, as
determined by zoning
administrator
Self-service storage
facility, mini-
warehousing
1 space per 300 sq.
ft. of office or sales
area, plus 1 space
per individual
storage facility
1 space per 200 sq.
ft. of office or sales
area, plus 1 space
per individual
storage facility
Spaces required for storage facility
may be provided in front of the
units themselves
Wholesaling,
warehousing and
distribution
1 space per 300 sq.
ft. of office or sales
area, plus 1 space
per 3,000 sq. ft. of
storage area
1 space per 200 sq.
ft. of office or sales
area, plus 1 space
per 1,000 sq. ft. of
storage area
Other industrial
activities that are
conducted largely
out-of-doors,
including concrete,
asphalt and rock
crushing facility,
scrap yard,
recycling, etc.
1 space per 2
employees on the
largest shift, based
on maximum
planned
employment
1 space per 1
employee on the
largest shift, based
on maximum
planned
employment
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Use Minimum Parking
Requirement
Maximum Parking
Allowed
Notes
PUBLIC SERVICE AND UTILITIES
Wireless
communication
facilities
1 space per facility
or as approved by
CUP
1 space per facility
or as approved by
CUP
Government or
public utility
buildings and
structures
To be determined
by zoning
administrator
based on type of
use: offices, storage,
production
N/A
Street and
equipment
maintenance facility
1 space per
1.5 employees
1 space per
1 employee
Additional facilities/associated uses
may require additional parking, as
determined by zoning
administrator
(b) In addition to the requirements in Table B, one (1) parking space shall be
provided for each commercial vehicle or vehicle necessary for the operation
of the use that is maintained on the premises.
(c) Where a parking study is required, the study shall be performed by a
qualified transportation engineer or transportation planner. The study
shall contain information on the anticipated number of employees,
customers, visitors, clients, shifts, events, or deliveries to the use, and may
refer to other studies or similar situations elsewhere.
(3) Shared Parking. The Plan Commission may approve the use of up to 70% of
the required parking spaces to meet off-street parking regulations for two
separate lots on one lot if the following conditions are present:
(a) Lots are adjacent or opposite (directly across the street) from each other,
fronting on the same street.
(b) One lot is an evening or Sunday use and the other lot contains a daytime
use, as detailed below.
(i) Evening or Sunday uses. For the purposes of this section, the following
uses are considered as primarily evening or Sunday uses:
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• Auditoriums incidental to public or parochial schools
• Churches/places of worship
• Theatres
• Bowling alleys
• Bars or nightclubs
• Similar uses, as determined by the Zoning Administrator.
(ii) Daytime uses. For the purpose of this section, the following uses are
considered as primarily daytime uses:
• Schools, public or parochial
• Banks and professional offices
• Personal Service Establishments
• Service and repair shops
• Manufacturing without 2nd or 3rd shift
• Wholesale businesses
• Similar uses, as determined by the Zoning Administrator.
(c) The use for which application is being made for joint parking shall be
located within 1,000 feet of the use providing parking facilities.
(d) The applicant shall show that there is no substantial conflict in the principal
operating hours of the buildings or uses for which joint parking is
proposed.
(e) A legally binding instrument, executed by the parties concerned, for joint
off-street parking facilities shall be approved by the City and recorded at
the Register of Deeds.
(4) Bicycle Parking. A minimum of four bicycle parking spaces may be provided
in lieu of not more than one (1) required automobile parking space in a
nonresidential parking lot with a maximum reduction of up to 5 parking
spaces.
(a) Location. Bicycle parking spaces and racks shall be located in a convenient
and visible area no farther from the principal entrance to the building
served than the closest automobile parking space.
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(b) Design. Bicycle parking shall consist of a bike rack designed so that the
bicycle frame can be locked to the rack.
(c) Maximum Reduction. The number of required parking spaces shall not be
reduced more of 20% of those required due to the reduction granted by the
provision of bicycle parking.
(5) Phasing. Required off-street parking areas may be constructed in phases with
a phasing plan to be approved by the Zoning Administrator.
(a) Areas required for parking, but not immediately improved, shall be
reserved for future parking.
(b) Undeveloped future parking areas shall be seeded with grass mix,
acceptable to the Zoning Administrator, until said area is fully developed
into a parking surface.
(6) Oversized Parking Lots/Maximum Number of Spaces. Parking lots may
exceed up to 10% of the maximum allowed per the parking requirements in the
Parking Requirements in Table B through an administrative approval, for
which review consideration shall be given to the following factors. Parking
lots in excess of 10% shall be allowed only through conditional use permit for
which review consideration shall be given to the following factors in granting
the permit:
(a) The proposed development has a unique or unusual characteristic (such as
high sales volume or low parking turnover) which creates a parking
demand that exceeds the maximum ratio and does not typically apply to
comparable uses.
(b) The lot is designed to allow for more intensive future site development.
(c) Pedestrian connectivity through the lot.
(d) The need for additional parking cannot be reasonably met through
provision of on-street or shared parking with adjacent or nearby uses.
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(e) The proposed development demonstrates that its design and intended use
will support high levels of existing or planned transit and pedestrian
activity.
(G) Off-Street Loading Facilities. Loading and/or unloading facilities shall be provided
for all commercial and industrial structures unless an equivalent number of spaces
is provided in conformity with these regulations.
(1) Space required and allocated for off-street loading shall not be allocated or
used to satisfy the space requirements for off-street parking.
(2) Surfacing. All open off-street loading spaces shall be provided with surface
improvements as required for parking areas.
(3) Location
(a) All required loading spaces shall be located on the same lot as the use
served.
(b) All required off-street loading spaces shall not be located in a required side
yard.
(c) All required off-street loading spaces shall be located at least 50 feet from a
residential district.
(d) All required off-street loading spaces shall be located so that a public street
or sidewalk will not be occupied during the loading or unloading process.
(4) Access. Each required off-street loading space shall be designed for direct
access to a street or alley in a manner which will least interfere with traffic
movements on the street.
(5) Size. Required off-street loading space sizes shall be calculated exclusive of
aisle and maneuvering space, and each space shall have a vertical clearance of
at least 14 feet.
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(a) Uses for which off-street facilities are otherwise required but which are
located in structures of less than 5,000 square feet of gross floor area shall
be provided with adequate receiving platforms or other facilities located off
an adjacent alley, service drive, or other open space on the same lot.
(b) A required off-street loading space shall be at least 10 feet wide by at least
25 feet in length for structures greater than 5,000 square feet but less than
20,000 square feet in gross floor area.
(c) A required off-street loading space shall be at least 9 feet wide by 50 feet in
length for structures greater than 20,000 square feet of gross floor area.
(6) Service and Repair. Repairing or servicing of motor vehicles shall not be
permitted in an off-street loading space.
(H) Drive-Through Stacking Lanes. Supplemental standards are provided for uses with
drive-through facilities to ensure protection from potential traffic hazards as
follows:
(1) Setbacks. The minimum distance from any drive-through facility to any
residential area shall be 40 feet. This distance is measured at the narrowest
point between the property line of the residential property and either the main
building, an off-street parking area, or stacking lane, whichever is closer.
(2) Location. Drive-through windows shall not be located between the principal
building and the street right of way.
(3) Stacking Lane Design
(a) Each stacking lane shall be separated from the circulation routes necessary
for ingress/egress from the property, or access to any parking space.
(b) Access to stacking lanes shall not be allowed directly from an entrance
drive, from a public street, or from adjoining lots.
(c) The stacking lane shall be designed to accommodate at least the minimum
stacking required for each use.
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(d) Stacking lanes for drive-through facilities shall be a minimum of 10 feet in
width.
(4) Buffering. Where abutting residential districts, drive-through facilities shall be
fully screened from view.
(5) Stacking Requirements. Stacking spaces for drive-through facilities shall be as
follows:
Type of Facility Stacking Spaces Required
Automatic Car Wash 6 entering car wash, 1 exiting car
wash
Bank 3 per teller window
Coffee/photo drop off 3 per window
Dry Cleaner/Pharmacy 3 per window
Restaurant 8 total, minimum of 3 between order
and pick up
Self Service Car Wash 3 entering car wash, 1 exiting wash
Service Station 1 stacking space plus 1 space for
each vehicle that can be serviced at a
pump
Other Uses Not Listed 3 spaces per window
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SECTION 30-727 EXTRATERRITORIAL SIGN REGULATIONS
(A) Purpose and Scope. The purpose of this Section is to provide minimum standards
to safeguard life, health, property, and public welfare by regulating and controlling
the quality of materials, appearances, and construction, illumination, installation,
and maintenance of all signs and sign structures.
(1) This Ordinance shall cover all signs in use, planned or hereafter installed
within the corporate limits of the City of Oshkosh.
(B) Permits - Fees - Compliance
(1) Permits Required
(a) No signs shall hereafter be erected, altered or relocated prior to obtaining a
building permit except as otherwise provided herein. The permit fee shall
be the same as that required for new structures, additions, and alterations
as specified in Section 7-17 of the Oshkosh Municipal Code.
(b) All illuminated signs hereafter erected, remodeled or installed shall require
an electrical permit and must comply with the requirements of the City
Electrical Code. Construction shall be in accordance with plans and
specifications furnished to and approved by the City Electrical Inspector.
(c) No person shall erect or maintain any sign or other advertisement
extending over any portion of a street without first having secured a license
from the Chief Building Inspector. See Section 7-42(E) of the Oshkosh
Municipal Code.
(2) Inspections. Every sign shall be inspected and approved by the Building
Inspector's office within thirty (30) days after it is erected or altered.
(3) Maintenance of Signs. A sign permit shall not be required for painting,
repainting, cleaning or other normal maintenance and repair of a sign or a sign
structure change, and the changing of the advertising copy or message on an
approved painted or printed sign, theater marquee, legal nonconforming sign
or similar approved signs which are specifically designed for the use of
replaceable copy.
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(4) Abandoned Signs. All signs shall be removed by the owner or lessee of the
premises upon which the sign is located when a business which it advertises
has not been conducted for a period of one (1) year, or when in the judgment
of the Building Inspector such sign is so old, dilapidated, or has become so out
of repair as to be dangerous or unsafe, whichever occurs first. If the owners or
lessee fails to remove it, the Zoning Administrator shall give the owner thirty
(30) days written notice to remove it. Upon failure to comply with this notice,
the Zoning Administrator or his duly authorized representative may remove
the sign at cost to the owner.
(5) Removal of Illegal Signs
(a) The Zoning Administrator shall remove or cause the removal of any
portable or fixed, permanent sign constructed, placed or maintained in
violation of this Chapter, after thirty (30) days following the date of mailing
of registered or certified written notice to the owner of the sign, if known,
at the last known address or to the occupant of the property as shown on
the latest assessment roll, or to the occupant of the property at the property
address. The notice shall describe the sign and specify the violation
involved, and indicate that the sign will be removed if the violation is not
corrected in thirty (30) days. If the owner disagrees with the opinion of the
Zoning Administrator, the owner may, within the said thirty (30) day
period request a hearing before the Board of Appeals.
(b) Signs removed by the Zoning Administrator pursuant to this Chapter shall
be stored for a period of thirty (30) days, during which time they may be
recovered by the owner upon payment to the City for costs of removal and
storage. If not recovered prior to expiration of the thirty (30) day period, the
sign and supporting structures shall be declared abandoned and the title
thereto shall vest to the City, and the cost of removal shall be billed to the
owner.
(6) Nonconforming Signs
(a) Any lawfully existing sign located within the City as of the effective date of
this Ordinance, or located in an area annexed to the City, hereafter, which
does not conform with the provisions of the this ordinance, shall be allowed
continued use, except that the sign shall not be:
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(i) Structurally altered so as to extend its useful life.
(ii) Expanded, moved, or relocated.
(iii) Re-established after a change in use.
(iv) Reestablished after a business has been abandoned for twelve (12)
months or more.
(v) Be in noncompliance with the Ordinance regarding maintenance and
repair, construction standards, or dangerous and abandoned signs.
(vi) On the date of occurrence of any of the above (i) through (v), the sign
shall be immediately brought into compliance with this Ordinance
with a new permit secured, or the sign shall be removed.
(b) Sign copy and sign faces may be changed on nonconforming signs when
there is no change in use of the site or when only a portion of a multiple
tenant sign is being changed.
(c) Legal nonconforming wall signs shall not prevent the installation of
conforming ground signs, nor shall legal nonconforming ground signs
prevent the installation of conforming wall signs.
(C) Sign Standards
(1) Sign Area. Sign area or sign face shall be the entire area within a single
continuous perimeter enclosing the extreme limits of each sign. However, such
perimeter shall not include any structural elements outside the limits of such
signs and not forming an integral part of the design. When two sides of a
double faced sign are located not more than thirty-six (36) inches apart at the
widest point and not more than twelve (12) inches apart at the narrowest point
and display identical messages or other representation, the gross area shall
include only one of the sides. If the sign consists only of individual letters
affixed directly to the wall of a structure, only the area of the letters is counted
as part of the gross sign area.
(2) Exemptions. The following signs shall be permitted anywhere within the City
and shall not require a permit; however, such signs shall comply with the
following restrictions:
(a) Temporary political signs may be erected upon private property under the
following conditions: The person or organization responsible for the
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erection or distribution of any such signs or the owners or his agent of the
property upon which such signs may be located shall cause removal thereof
within four (4) days after any elections to which they are appurtenant,
unless the signs shall continue to be appurtenant to the general election to
be held within ninety (90) days. The person or organization responsible for
the erection or distribution of such signs or the owner or his agent of the
property upon which such signs may be located, shall cause the removal
thereof within four (4) days after the general election to which they are
appurtenant. No sign shall be located within ten (10) feet of the public right-
of-way at a street intersection. A maximum of seven (7) such signs may be
placed on a structure or lot.
(b) Street banners advertising a public event may be erected upon approval by
the Board of Public Works.
(c) Real estate signs on any lot or parcel provided such sign is located entirely
within the subject parcel and is not directly illuminated. In residential
districts such signs shall not exceed twelve (12) square feet in area and shall
be removed within thirty (30) days after the sale, rental or lease has been
accomplished. In all other districts, such signs shall not exceed thirty-two
(32) square feet in area, and shall be removed within thirty (30) days after
the sale, rental, or lease is accomplished.
(d) Temporary subdivision signs advertising the sale of new subdivision lots
shall be permitted, providing the sign shall not exceed one hundred (100)
square feet and that not more than one (1) such sign shall be located at each
principal entrance to the subdivision, and further provided that all signs
must be removed once ninety (90) percent of the lots within the subdivision
have been sold.
(e) Entrance and/or exit signs for parking lots located in commercial and
industrial districts or for uses allowed by conditional use permit that
require the provision of off-street parking spaces may be located up to but
not extending over the street right-of-way line. Such signs shall not exceed
three (3) feet in height or eight (8) square feet in area.
(f) Temporary signs for institutional, non-profit community, charitable or civic
events and campaigns may be erected upon consent of the property owner,
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and only one (1) sign per property is allowed. Such signs shall not exceed
forty-eight (48) square feet in commercial and Industrial zoning districts,
and twenty-four (24) square feet in residential zoning districts. The signs
shall not be erected more than thirty (30) days before the event or beginning
of the campaign or event, and shall be removed immediately after the event
or campaign, but in no case shall the sign be on the property for more than
ninety (90) days. No such sign shall encroach into and/or over a public
right-of-way or an intersection site distance triangle, or be located in such a
manner as to be deemed a safety hazard, or be illuminated in any manner.
(g) One personal greeting/congratulatory sign per premises shall be permitted
for up to seven (7) days which sign is limited to eight (8) ft. In height and
thirty-two (32) sq. ft., and is not intended for commercial purposes and
cannot include the suppliers name, address or phone number.
(D) Installation
(1) Installation of all signs extending over any right-of-way shall be erected by a
licensed sign installer and require that a certificate of insurance or a sufficient
bond has been filed with the City Clerk. Wall signs extending over the right-
of-way shall be at least eight (8) feet above the level of the sidewalk. Any
projecting sign, marquee, balcony or other structure shall be setback at least
one (1) foot from the face of the curb and must be at least ten (10) feet above
the level of the sidewalk, excepting the following:
(a) Retractable Awnings: There shall be a minimum clearance of seven (7) feet
from the sidewalk to the lowest part of the framework or any fixed portion
of any retractable awning, except the bottom of the valance of canvas
awnings may extend to six (6) feet nine (9) inches above the sidewalk.
Retractable awnings shall be securely fastened to the structure and shall not
extend closer than twelve (12) inches from the curb line. They shall be
equipped with a mechanism or divider for raising and holding the awning
in a retracted or closed position against the face of the structure.
(b) Fixed or Permanent Awnings: The clearance from the sidewalk to the
lowest part of any fixed or permanent awning shall be the same as required
for retractable awnings.
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(c) Canopies: Canopies shall be placed not less than two (2) feet from the curb
line. The horizontal portion of the framework shall be not less than eight (8)
feet nor more than twelve (12) feet above the sidewalk and the clearance
between the covering or valance and the sidewalk shall be not less than
seven (7) feet.
(d) Lettering, numerals, and graphics on awnings and canopies shall be exempt
from the limitations imposed by this Ordinance on the projection of signs
from the face of the wall of any structure, provided that any lettering,
numerals, and graphics located on the awning or canopy shall be affixed
flat to the surface of the front awning face and the area encompassed by the
lettering, numerals, and graphics, and associated border shall not exceed
ten (10) percent of the front awning or canopy face. Such sign shall be
limited to the printed name and/or logo or emblem and the street address
for the premises. The front awning or canopy face is the area on which a
continuous horizontal line could be drawn parallel to the wall to which the
awning or canopy structure is attached. For curved and wrap around-type
awnings and canopies, the awning may be divided into four (4) quarters
and the front awning or canopy face may be construed as encompassing the
center two (2) quarters. No awning or canopy on which lettering, numerals,
and graphics are placed shall cover more than sixty (60) percent of one (1)
story.
(e) No wooden sign, greater than three (3) square feet in size shall hereinafter
be erected, remodeled, or installed extending over the right-of-way.
(f) Signs shall meet all of the requirements of the Building and Electrical Code
and all other City Ordinances, including the Zoning Ordinance setback
requirements except as otherwise provided herein.
(E) Prohibited Signs
(1) All flashing signs, except electronic (electric) time, temperature and message
centers.
(2) Bench signs.
(3) Roof signs.
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(4) Signs on a parked vehicle or trailer where the apparent purpose is to advertise
a product or direct people to a business located on the same or nearby property.
(5) Off premise signs, except for hotel/motel directional signs.
(6) The Board of Public Works, at such places as it deems advisable, may prohibit
all electrical signs showing red, yellow or green lights that it may deem a traffic
hazard or an interference with the official traffic sign.
(F) Specific Requirements
(1) Residential Districts. Non-flashing, illuminated signs allowed by permit in all
residential districts shall be restricted to the following:
(a) Identification Sign: One such sign per dwelling unit in the R-1, and R-2
districts not to exceed one (1) square foot in area and containing only the
name and address of the occupant.
Multiple family residences, rooming houses and fraternity and sorority
houses may provide one (1) such sign not to exceed sixteen (16) square feet
in area indicating only the name and address of the structure and the name
of the management. One (1) additional non-illuminated sign shall be
permitted for fraternity and sorority houses designating the emblem of the
fraternity or sorority.
Institutions shall be permitted one (1) such sign not to exceed fifty (50)
square feet in area nor project higher than ten (10) feet above the curb level.
(b) Permanent Subdivision Signs: Permanent subdivision signs may be placed
at all major entrances under the following conditions: may be placed on a
subdivided lot in conjunction with a dwelling; no more than two (2) signs
per entrance; sign area shall not exceed twenty-four (24) square feet; and
signs shall not be illuminated and shall be exempt from the setback
standards except for the vision clearance triangle.
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(c) Bulletin Boards: One sign shall be permitted for institutions, or funeral
homes and shall not exceed twenty-four (24) square feet nor be located
closer to any lot line than fifteen (15) feet, unless attached to a structure.
However, when a religious institution is used jointly by various religious
denominations, one sign, not to exceed twenty-four (24) square feet nor to
be located closer than fifteen (15) feet to any lot line, shall be allowed for
each denomination.
(2) Commercial and Industrial District. The following signs are controlled and
shall be allowed by permit in the Commercial and Industrial Districts:
(a) Projecting Signs: Projecting signs are permitted in C-1 ETZ Neighborhood
Business and C-2 ETZ General Commercial, with one (1) projecting sign
allowed for each premise.
(i) Projecting signs may be mounted on the structure between ten (10) and
thirty (30) feet vertically from the ground or established grade.
(ii) Projecting signs shall not extend within three (3) feet of an established
curb line.
(iii) Projecting signs shall not exceed forty (40) square feet in area.
(iv) Projecting signs shall not extend more than four (4) feet beyond the
structure to which it is mounted.
(b) Wall, Projecting and Roof Signs Permitted: Each establishment or
enterprise may have wall, projecting and roof signs on each wall (if not
otherwise prohibited by this Section), provided the aggregate area of such
signs does not exceed ten (10) percent of the area of the wall supporting the
signs in the C-1 ETZ Neighborhood Business District and provided the
aggregate area of such signs does not exceed thirty (30) percent of the area
of the wall supporting the signs in the C-2 ETZ General Commercial District
and all Industrial Districts.
(c) Illuminated Signs
(i) The light from any illuminated sign except neon signs shall be shaded,
shielded or directed from surrounding properties.
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(ii) Such illumination shall be direct and the source of light shall not be
exposed when located in or facing a residential district.
(d) Ground Signs: Shall be allowed in all commercial and industrial districts
and shall comply with the following:
(i) Height: Display signs supported by the ground shall not exceed thirty
(30) feet in height except in the Highway 41 Corridor where sign height
shall not exceed sixty (60) feet.
(ii) Area:
(aa) For lots of one-half (1/2) acre or less in size, such sign(s) shall not
exceed a total of four hundred (400) square feet for all sides.
(bb) For lots between one-half (1/2) acre and two (2) acres in size, such
sign(s) shall not exceed a total of eight hundred (800) square feet
for all sides.
(cc) For lots greater than two (2) acres in size, such sign(s) shall not
exceed a total of one thousand six hundred (1,600) square feet for
all sides.
(e) Optional Identification Sign: In the C-2 ETZ General Commercial District,
one (1) identification sign is permitted within the front yard, provided the
sign is setback at least ten (10) feet from all property lines and does not
exceed four (4) feet in height nor ten (10) square feet in total area, and
provided further that no other ground signs exist on the premises, and the
Zoning Administrator finds that the sign placement would not create a
traffic hazard.
(f) Message Center Signs: Message center signs shall be permitted in all
Commercial and Industrial Districts, except C-1 ETZ Neighborhood
Business District. Messages shall be incidental to and customary in
conjunction with the principal use of the property (said business) except for
public service messages. Message center signs shall not exceed fifty (50)
square feet on one side or one hundred (100) square feet on all sides. Not
more than one (1) message center sign is allowed on premises.
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However, in any Commercial or Industrial District lying within a
rectangular area five hundred (500) feet either side of the center line of U.S.
Highway 41, or an area within a one thousand (1,000) foot radius of any
interchange or overpass, such message center sign shall not exceed one
hundred (100) square feet of area on one side nor two hundred (200) square
feet for all sides for any one premises. Not more than one (1) message center
sign is allowed per premises.
(g) Mobile Mounted Signs: Mobile signs shall be permitted only in the C-2 ETZ
General Commercial and Industrial Districts. Mobile signs shall not exceed
eight (8) feet in height or forty-eight (48) square feet in area. The combined
areas of mobile signs and existing ground signs shall not exceed four
hundred (400) square feet for any one premise. Mobile signs shall not be
displayed or stored on site for greater than ninety (90) days in a calendar
year.
(h) Hotel/Motel Directional Ground Sign: Hotel/motel directional ground signs
are permitted by conditional use permit and shall comply with Section 30-
708 Conditional Use Permits as well as the following:
(i) Shall meet or exceed minimum setback standards as identified by the
underlying zoning district.
(ii) Shall comply with all minimum standards of a ground sign as identified
in this Section.
(iii) Shall be internally illuminated, if lit.
(iv) Shall not, when combined with any other ground signs, exceed the
maximum total area allowed for ground signs.
(i) Hotel/Motel Directional Wall Sign: Hotel/motel directional wall signs are
permitted by conditional use permit and shall comply with Section 30-708
Conditional Use Permits as well as the following:
(i) Shall comply with all minimum standards of a wall sign as identified in
this Section.
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(ii) Shall be internally illuminated, if lit.
(iii) Shall not, when combined with other wall signs, exceed the maximum
total area allowed for wall signs.
(G) Murals
(1) Murals shall be permitted in Commercial and Industrial Districts. Murals shall
also be permitted through conditional use permit on governmental and
institutional structures.
(2) Prohibited Mural Types
(a) Murals or other representations which imitate or appear to imitate any
official traffic sign or device which appears to regulate or direct the
movement of traffic or which interferes with the proper operation of any
traffic sign or signal, or which obstructs or physically interferes with a
motor vehicle operator’s view of approaching, merging, or intersecting
traffic.
(b) Murals with moving parts, including solar, wind, or water driven devices.
(c) Murals affixed, applied or mounted above, upon or suspended from any
part of the roof of a structure.
(d) Murals shall not project from the wall surface, other than the minimum
necessary protrusion to mount the mural to the wall or structure.
(e) Murals containing any gang affiliation symbols.
(f) Murals containing any commercial messages or advertising.
(g) Murals containing obscene content. For purposes of this section, any
material is obscene if applying contemporary community standards:
(i) The predominant appeal is to a prurient interest in sex; and
(ii) The average person would find the material depicts or describes sexual
content in a patently offensive way; and
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(iii) A reasonable person would find the material lacks serious literary,
artistic, political, or scientific value.
(3) Standards
Surface Preparation. Sand and high pressure water blasting are not permitted
as a cleaning process for either surface preparation or for mural maintenance
purposes in any historic district or any building eligible for inclusion on the
State or National Register of Historic Buildings. Treatments that cause damage
to historic materials shall not be used.
(4) Maintenance
(a) The mural shall be kept in good condition for the life of the mural according
to the maintenance schedule and responsibilities approved by the Director
of Planning Services.
(b) The display surface shall be kept clean and neatly painted and free from
corrosion.
(c) Any mural that is not maintained, faded, or is in disrepair shall be ordered
removed or covered with opaque paint, similar to the primary building
materials/colors or other appropriate material by the Director of Planning
Services, or his/her designee.
(5) Design Standards
(a) The proposed mural will not have an adverse impact on the safe and
efficient movement of vehicular or pedestrian traffic; and
(b) The location, scale and content of the mural should be in keeping with and
enhance the building or structure on which it is located; and
(c) The proposed mural is well integrated with the building’s façade and other
elements of the property and enhances the architecture or aesthetics of a
building or wall; and
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(d) The proposed mural, by its design, construction, and location, will not have
a substantial adverse effect on abutting property or the permitted use
thereof; and
(e) The proposed mural is not detrimental to the public health, safety, or
welfare; and
(f) The mural will not have a detrimental effect on the structural integrity of
the wall on which it is applied/affixed; and
(g) The maintenance schedule is reasonable for the mural and the building on
which it is applied/affixed.
(6) Mural Permit. No mural shall be installed unless a mural permit therefore shall
first be obtained by the owner, or his agent, from the Director of Planning
Services, or his/her designee.
(7) Application Requirements. Permit application shall contain, but not be limited
to, the following information:
(a) Site plan showing the lot and building dimensions and indicating the
proposed location of the mural.
(b) Pictures of the building elevations.
(c) A scale drawing and color photo of the building elevation showing the
proposed size and placement of the mural.
(d) A colored drawing of the proposed mural.
(e) A description of the proposed maintenance schedule that includes the
timeframe for the life of the mural and method for removal, if applicable.
(f) Evaluation by a design professional regarding the impact of the mural’s
application on the wall surface that it is applied or affixed to.
(8) Mural Permit Approval. No mural permit shall be approved unless the
Director of Planning Services, or his/her designee, shall find that the
requirements of this Section have been fulfilled.
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(9) Notification and Waiting Period. After the Director of Planning Services, or
his/her designee, determines that a mural permit application meets the
requirements of this Section of the Zoning Ordinance, a 10 day notification and
waiting period is established. Notification of permit application shall be mailed
to all property owners adjacent to or abutting the proposed mural property.
Said notification will contain information regarding the mural permit, date that
the notification period ends, and an appeals process. Notice shall state that a
mural permit may be issued 10 days after date of notification by the Planning
Services Division.
(10) Appeals
(a) Permit Approval. Any person may appeal the decision of the Director of
Planning Services, or his/her designee, regarding the decision of the
Director to grant the mural permit. Said appeal shall be made in writing to
the Director of Planning Services and shall be received by the Planning
Services Division prior to the end of the 10 day notification period. Appeals
will be heard by the Public Arts Advisory Committee to determine if the
Director of Planning Services’ decision to grant the permit is consistent with
the provisions of this Section of the Zoning Ordinance.
(b) Permit Denial. A mural permit applicant may appeal the decision of the
Director of Planning Services to deny a mural permit. Said appeal shall be
made in writing to the Director of Planning Services and said appeal shall
be made within 30 days of the decision by the Director of Planning Services
to deny the permit. Appeals will be heard by the Public Arts Advisory
Committee to determine if the Director of Planning Services’ decision to
deny the permit is consistent with the provisions of this Section of the
Zoning Ordinance.
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SECTION 30-728 EXTRATERRITORIAL AIRPORT OVERLAY DISTRICT
The standards of Section 30-154 Airport Overlay District of this Chapter shall apply.
SECTION 30-729 EXTRATERRITORIAL FLOODPLAIN PROVISIONS
The standards of Section 30-156 Floodplain Provisions of this Chapter shall apply.
SECTION 30-730 EXTRATERRITORIAL OFFICIAL MAP
The standards of Section 30-440 Official Map of this Chapter shall apply.
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