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HomeMy WebLinkAboutChapter 30 - Article XXVI - Extraterritorial Zoning Administration City of Oshkosh Zoning Ordinance Municipal Code 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. (S) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 1 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 2 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (S) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 3 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 4 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 5 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 6 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 7 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code -------------------------------------------------------- (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 8 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 9 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 10 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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. (S) 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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 11 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 12 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 13 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 14 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. (S) 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: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 15 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------- (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 16 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 Chapter 30-Article XXVI-Page 17 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code • 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. (S) 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 Chapter 30-Article XXVI-Page 18 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (3) Principal Structures (a) Height: Thirty-five (35) feet maximum or two and one-half (2 1/2) stories maximum. (b) Side Yard Setback: Seven and one-half (71/2 ) 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 Chapter 30-Article XXVI-Page 19 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (iv) Rear Yard Setback: Two and one-half (2 1/2 ) feet minimum. (v) Side Yard Setback: Two and one-half (21/2 ) 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 (71/2) 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 1/2) 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 Chapter 30-Article XXVI-Page 20 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 Chapter 30-Article XXVI-Page 21 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (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 Chapter 30-Article XXVI-Page 22 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 Chapter 30-Article XXVI-Page 23 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (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. (S) 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 1/2) stories maximum. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 24 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------- (b) Side Yard Setback: Seven and one-half (71/2) 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 (21/2) feet minimum. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 25 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (v) Side Yard Setback: Two and one-half (21/2) 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 (71/2) 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 1/2) 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 Chapter 30-Article XXVI-Page 26 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 Chapter 30-Article XXVI-Page 27 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (ii) Roof Mounted: Are permitted. (aa) Height: No higher than the allowable height of the principal structure. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 28 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 Chapter 30-Article XXVI-Page 29 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ 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. (S) 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 Chapter 30-Article XXVI-Page 30 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 (21/2) feet minimum. (v) Side Yard Setback: Two and one-half (21/2) feet minimum. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 31 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 (71/2) 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 1/2) 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 Chapter 30-Article XXVI-Page 32 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (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 Chapter 30-Article XXVI-Page 33 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (ii) Roof Mounted: Are permitted. (aa) Height: No higher than the allowable height of the principal structure. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 34 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 Chapter 30-Article XXVI-Page 35 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 Chapter 30-Article XXVI-Page 36 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 (21/z) 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 Chapter 30-Article XXVI-Page 37 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 Chapter 30-Article XXVI-Page 38 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 Chapter 30-Article XXVI-Page 39 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code • 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. (S) 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 Chapter 30-Article XXVI-Page 40 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code -------------------------------------------------- (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 41 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 42 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 43 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 44 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 45 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (S) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 46 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code --------------------------------------------------- (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 47 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 48 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code • 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. (S) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 49 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 50 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 51 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 52 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 53 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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). --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 54 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 55 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ---------------------------------------- (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 1/z) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 56 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 57 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 58 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code 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 1/z) 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 1/2) acres. (b) Not less than ten(10)percent of the total area of the District shall be devoted to landscaped open space. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 59 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code --------------------------------------------------- (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 1/2) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 60 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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: --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 61 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 62 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 63 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 64 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 1/z) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 65 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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 --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 66 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 67 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ------------------------------------------------------ (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 1/z) 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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 68 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 69 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ----------------------------------------------------- (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. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article XXVI-Page 70 Municipal Codes