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HomeMy WebLinkAboutChapter 30 - Article IV - Bulk Regulations City of Oshkosh Zoning Ordinance Municipal Code ARTICLE IV: BULK REGULATIONS Section 30-110: Purpose This Article regulates the location and bulk of buildings in both residential and nonresidential developments in order to protect and enhance the desired community character of the City of Oshkosh. The provisions of this Article interact closely with the density and intensity provisions described in Article II. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V. Section 30-111: Bulk Standards (A) All structures shall comply with the requirements listed for each zoning district in Article II. (B) All lots shall abut upon a public street. Refer to additional standards for lots and blocks in Article XVII: Subdivision. (C) Where the Wittman Regional Airport Height Limitation Map-Winnebago County, Wisconsin, requires heights less than the maximum height permitted by this Chapter, the lesser height requirement shall apply. Exceptions to this requirement shall be administered by Winnebago County. (D) On lots fronting two nonintersecting streets, a front yard must be provided on both streets. (E) On lots fronting three or more streets,on sharply curved streets, or lots where Figure 30-22b (in Article I) does not apply, the determination of the yards and appropriate setbacks shall be made by the Director of Community Development, or designee. Section 30-112: Exceptions to Maximum Height Regulations The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district in Article II are the maximum permitted heights for all buildings and structures, except those exempted by this Section. (A) The following are permitted to exceed the maximum height regulations within any district where permitted: church spires; belfries; cupolas; penthouses and domes (not used for human occupancy); public monuments; stage towers or scenery lofts; water towers;fire and hose towers;tanks;utility poles;flag poles; chimneys; cooling towers; exhaust pipes; ventilators; skylights; telecommunications towers and antennas; satellite dishes; elevator bulkheads, grain elevators, feed mills, grain and seed mixing bins, concrete mixing bins, and other necessary mechanical --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article IV-Page 1 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code appurtenances usually carried above roof level; and similar features. The provisions of this Chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than 5 feet.Such features,however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and subject to the Wisconsin state building code, except as prohibited by the Wittman Regional Airport Height Limitation Map -Winnebago County, Wisconsin. Section 30-113: Yard Setback Adjustments (A) Lot size and minimum yard dimensions. No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum required by this Chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this Section. (B) Front Yard Setback Adjustments. (1) Decrease of Front Yard Setback. (a) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH- 9, NMU, SMU, and UMU districts, a front yard setback may be reduced to the mean of the setbacks of the immediately adjoining lots that are on both sides of the subject lot. The following rules apply in calculating the mean setback (see Figure 30-113): (i) Only the front yard setbacks on 5 or fewer adjoining lots, which are contiguous to each other in either direction of the subject lot and which are on the same side of the street as each other on the same block, may be used. (ii) Where a lot is vacant, the minimum front yard setback of the zoning district for the proposed use will be applied to the vacant lot and factored into the averaging calculation. (iii) Outliers, defined as yards with a setback that is equal to or greater than twice that of the next largest setback among the adjoining lots and thus which do not fit the established pattern of front yard setbacks, shall be excluded in calculating the mean front yard setback, as determined by the Director of Community Development, or designee. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article IV-Page 2 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (iv) In residential districts, the minimum front yard and street side yard setback on any lot shall be at least 10 feet. The minimum setback for an attached or detached accessory building facing the front yard or street side yard shall be at least 20 feet. (2) Increase of Front Yard Setback. (a) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH- 9, NMU, SMU, and UMU districts,blocks with mean front yard setback more than 5 feet over the minimum required front yard setback shall be increased to the mean of the adjoining same type of principal structures on said block or street. This regulation is intended to preserve and maintain the character of established neighborhoods that are typified by front yard setbacks substantially in excess of the minimum required front yard setback. (b) Outliers, defined as yards with a setback that is equal to or less than half that of the next smallest setback among the adjoining lots and thus which do not fit the established pattern of front yard setbacks, shall be excluded in calculating the mean front yard setback, as determined by the Director of Community Development, or designee. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article IV-Page 3 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code A PravldedYard 1$` B Provided Yard 12' [ Subject Lor - Q Vacant Lot,Minimum Required 2$' E Outlier,C-Ouded F Provided Yard 20' Average 721$-18' A 8 c D E F T � � __.. —T--Subject Lot vacant --r— outlier —]— — — Lot Excluded IZoning Risirki Mmrmum 5ettrack 18'AverageL _ .t — °" _r_ 50i 118'Average Setback 15' $12' 30' S" 20' Setback Street Figure 30-113: Front Yard Averaging Example (C) Street Side Yard Setback Adjustments (for Corner Lots). On corner lots in the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH-9, NMU, SMU, and UMU districts, the street side yard setback may be reduced to 10 feet, as may be necessary to attain at 30-foot buildable width. The required interior side yard setback must be maintained. (D) Side Yard Setback Adjustments. (1) Side Yard Adjustments for Bufferyards. In instances where the required bufferyard width (per Article IX) exceeds the minimum required side setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard, with the exception of utility boxes/cabinets and other minor accessory structures exempt from the setback requirements of this Chapter. (2) Side Yard Adjustments for Small Lots. On lots under separate ownership on the effective date of this Chapter and less than 50 feet in width, the side yard may be reduced to 10 percent of the lot width but not less than 3 feet. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article IV-Page 4 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (E) Rear Yard Setback Adjustments. (1) Rear Yard Adjustments for Bufferyards. In instances where the required bufferyard width (per Article IX) exceeds the minimum required rear setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard, with the exception of utility boxes/cabinets and other minor accessory structures exempt from the setback requirements of this Chapter (2) Rear Yard Adjustments for Small Lots. On lots under separate ownership on the effective date of this Chapter and less than 100 feet in depth, the rear yard may be reduced to 20 percent of the lot depth. Section 30-114: Projections into Required Yards The minimum setback requirements of each zoning district establish the minimum required yards for all uses, except those exempted by the provisions of this Section. (A) With the exception of fences, accessory landscape features, and the permitted projections described in this Section, no principal or accessory structures shall be permitted within any portion of a front or street side yard, except in the case of waterfront lots. (S) Permitted Projections into All Required Yards. (1) For residential buildings, the ordinary projection of sills,belt courses, cornices, gutters, eaves, overhangs, ornamental features, pilasters, lintels,bay windows, chimneys, and flues, provided they do not extend more than 2 feet into the required yards. (2) Flag poles, sidewalks located at least 3 feet from a vehicle parking/circulation area, landscaping (including lawn and vegetation), posts, or other similar amenities when accessory to a residential use. (3) Additions (including vertical additions, additional floors, and architectural features), balconies, terraces, covered porches, or similar appurtenances not extending beyond the setback of the existing fagade, may be located in the provided or required yard setback, whichever more permissive. If the addition is a front-loaded garage or front-loaded garage addition, the minimum setback when facing the front yard or street side yard shall be at least 20 feet. In no instance shall any new encroachment be within 5 feet of an adjacent structure or 3 feet of a property line. See Figure 30-114. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article IV-Page 5 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (4) Fences meeting the requirements of Section 30-192. Figure 30-114: Permitted Addition in Required Yards !LopeLine _ _ _ _ _ I I Required Rear Yard I Required Ride Yard —9 Required I Side Yard I � I � I I � House I I Provided Garage Side Yard I I Permitted Additranin. RequEred Yards I Required Driveway Yard Provided Yard I Sidewalk Street Note: Building additions must meet the design standards of Article VIII. (5) Handicap Accessible Ramps. (a) Handicap ramps or other devices required to make reasonable accommodation under the Fair Housing Act or the Americans with Disabilities Act are to be permitted in any required setbacks, provided that the maximum encroachment into a required setback is the minimum dimension required by the Wisconsin Commercial Building Code or Wisconsin Uniform Dwelling Code for accessible ramps and that no other location is feasible outside the required setbacks. Only temporary and removable ramps shall be permitted to encroach into the required setbacks. (b) Handicap Ramp Permit. Handicap ramps proposed for placement within required setback areas shall secure a handicap ramp permit from the Director of Community Development, or designee, prior to construction. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30–Article IV-Page 6 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- An application for a permit shall include a written statement explaining the reasons for the placement of the handicap ramp. The Director of Community Development, or designee, may also require a statement from a physician verifying the need for a handicap ramp. (c) Aesthetic Treatments. Handicap ramps must have dense landscaping or skirting covering the lower open portion of the ramp, shall be kept in good repair, and shall include landscape treatments buffering the handicap ramp from adjacent properties. (d) Handicap Ramp Removal. When a handicap ramp is placed within the required setback, the Director of Community Development, or designee, may periodically require verification of the continual need for the handicap ramp. When it has been determined the handicap ramp is no longer needed, the Director of Community Development, or designee, may order its immediate removal. (6) Any other provisions identified elsewhere in this Chapter (landscape features, tents, and other features where specific setbacks are established). (C) Permitted Projections into Required Front Yards. (1) All of the permitted projections listed under Subsection (S) above. (2) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, and NMU zoning districts, the minimum front setback requirement may be reduced by up to 10 feet in order to accommodate open porches (i.e. covered and unenclosed) on single family and two family dwelling units. (3) Uncovered entry platforms and steps necessary to comply with current ingress and egress regulations provided they do not extend more than 4 feet into the front yard setback and are no more than 6 feet wide. Steps from the platform may extend into the front setback area for the distance needed to meet minimum building code requirements for risers and treads. Replacement steps for porches may be as wide as the steps being replaced and may extend into the front setback area for the distance needed to meet minimum building code requirements for risers and treads. These exceptions apply only to residential districts. (4) Yard lights and ornamental lights for residential lots, provided that they comply with the illumination requirements of Section 30-190 and provided they do not locate closer than 5 feet from the front or street side property line. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article IV-Page 7 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (5) Basketball backboard structures, provided that a minimum setback of 15 feet is maintained from the front lot line and the minimum driveway setback for the applicable land use (per Section 30-172) is maintained for all other lot lines. (D) Permitted Projections into Required Street Side Yards (for Corner Lots). (1) All of the permitted projections listed under Subsection (B) above. (2) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, and NMU zoning districts, the minimum street side setback requirement may be reduced by up to 10 feet in order to accommodate open porches (i.e. covered and unenclosed) on residential buildings. (3) Yard lights and ornamental lights for residential lots, provided that they comply with the illumination requirements of Section 30-190 and provided they do not locate closer than 5 feet from the front or street side property line. (E) Permitted Projections into Required Interior Side Yards. (1) Open fire escapes, fireproof outside stairways, egress windows and balconies opening upon fire towers may project into a side yard not more than 3 1/z feet when so placed as not to obstruct light and ventilation. [Revised 61111191 (2) Uncovered entry platforms and steps necessary to comply with current ingress and egress regulations provided they do not extend more than 4 feet into the interior side yard setback and are no more than 6 feet wide. Steps from the platform may extend into the front setback area for the distance needed to meet minimum building code requirements for risers and treads. Replacement steps for porches may be as wide as the steps being replaced and may extend into the front setback area for the distance needed to meet minimum building code requirements for risers and treads. These exceptions apply only to residential districts. (3) Uncovered patios and decks on single family and two family dwelling units not to exceed 12 inches above the established grade, and shall not be nearer than 3 feet from the adjacent side lot line. (F) Permitted Projections into Required Rear Yards. (1) Attached terraces, uncovered porches, patios, decks, steps, stoops, or similar appurtenances to single family and two family residential buildings which do not extend more than 12 inches above the established grade, provided they do not locate closer than 20 feet to the rear lot line. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article IV-Page 8 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (2) Recreational equipment accessory to a residential use, provided a 5-foot setback is maintained for all lot lines. (3) Open fire escapes,fireproof outside stairways, and balconies opening upon fire towers may project into a rear yard not more than 3 1/z feet when so placed as not to obstruct light and ventilation. (G) Permitted Projections in the Lakefront Residential Overlay District (LR-O): Refer to Section 30-157. (H) Permitted Projections in the Planned Development Overlay District (PD-0): Per approved Specific Implementation Plan. (I) Permitted Projections in the Campus Overlay District (C-O): Per approved Campus Master Plan. Sections 30-115 to 30-129: Reserved --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30—Article IV-Page 9 Municipal Codes