HomeMy WebLinkAbout12. 20-152 APRIL 14, 2020 20-152 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 30
ZONING ORDINANCE
INITIATED BY: COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS
SECTIONS OF THE ZONING ORDINANCE TO IMPROVE IMPLEMENTATION OF
THE ORDINANCE WHICH BECAME EFFECTIVE JANUARY 1, 2017, INCLUDING,
BUT NOT LIMITED TO: SETBACKS IN THE URBAN INDUSTRIAL DISTRICT,
SHORELAND OVERLAY DISTRICT, PARKING REQUIREMENTS AND CORPORATE
BUSINESS PARK LANDSCAPING AND LIGHTING
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30-61(G) regarding minimum setback in Urban
Industrial District (UI) is hereby amended by reducing the minimum front setback from
25 feet to 10 feet.
SECTION 2. That Section 30-133(C)(1) regarding Blanket Conforming Status is
hereby amended by replacing "extend" and "extension' with "altered" and "alteration'.
SECTION 3. That Section 30-160.5(A)(2) regarding Shoreland setbacks from the
Ordinary High Water Mark is hereby amended by deleting "greater or".
SECTION 4. That Section 30-160.5(A)(2)(b)(ii) regarding Shoreland setbacks from
the Ordinary High Water Mark is hereby deleted and reference to "no greater than 75'
required" in the diagram in Section 30-160.5 is hereby deleted.
APRIL 14, 2020 20-152 ORDINANCE
FIRST READING CONT'D
SECTION 5. That Section 30-164 Parking Requirement Exemption Overlay
District (PRE-0) is hereby created to read as follows and see attached Exhibit A for
newly created Figure 30-164a, Figure 30-164b and Figure 30-164c:
Section 30-164: (PRE-0) Parking Requirement Exemption Overlay District
(A) Purpose. The purpose of this overlay district is to accommodate smaller
sites within the City of Oshkosh's Central City areas that would otherwise
be unable to provide required off-street parking hampering new
development or reuse of existing structures.
(B) Within the Parking Requirement Exemption Overlay District (PRE-O), the
parking requirements of this Chapter are hereby waived for
nonresidential uses. However, when off-street parking facilities are
provided, such facilities shall meet the requirements of this Chapter,
expect in respect to the number of required spaces.
(C) Mixed-use/upper floor residential uses need only provide evidence of the
availability of off-street public or private parking in the amount of 1
parking space per dwelling unit within 1,000 feet of the unit.
(D) See Figures 30-164a through 30-164c for locations of the Parking
Requirement Exemption Overlay District.
SECTION 6. That Section 30-173(B) regarding applicability of bicycle and
pedestrian access standards is hereby amended by adding "Storage land uses are
exempt from the requirements of this Section."
SECTION 7. That Section 30-174(B) regarding applicability of visibility standards
is hereby amended by adding "and new and existing vegetation." after redevelopment.
SECTION 8. That Section 30-175(F) regarding parking requirement exemptions is
hereby amended by adding "and Parking Requirement Exemption Overlay District."
after District.
SECTION 9. That Section 30-175 (F)(1)regarding parking requirement exemptions
is hereby amended by adding "and Parking Requirement Exemption Overlay District."
after district.
APRIL 14, 2020 20-152 ORDINANCE
FIRST READING CONT'D
SECTION 10. That Section 30-190(E)(4)(d)(iii) regarding exterior lighting
standards is hereby amended by adding "CBP" after the.
SECTION 11. That Section 30-190(E)(4)(d)(iv) regarding exterior lighting
standards is hereby created to read as follows:
(iv) Light fixture mounting height may be increased by up to 3 feet over the
maximum fixture mounting height to accommodate a light pole base,
provided the overall height does not exceed 25 feet.
SECTION 12. Section 30-242 (A)(2) regarding prohibiting standing seam metal
roofs in multi-family exterior design standards is hereby deleted.
SECTION 13. That Figure 30-253d regarding Landscaping requirements for
regular development is hereby amended by adding a row for Corporate Business Park
(CBP) after Riverfront Mixed Use (RMU) and the following points for each Landscaping
Component in CBP: Building Foundation: 40, Paved Areas: 50, Street Frontages: 100,
Yards: 20.
SECTION 14. That Figure 30-253e regarding required bufferyard opacity values
is hereby amended by adding a row and column for Corporate Business Park (CBP) after
Central Mixed Use per the attached Exhibit A.
SECTION 15. That Section 30-164 to 30-169 Reserved is hereby amend by changing
30-164 to 30-165.
SECTION 16. This Ordinance shall be in full force and effect from and after its
passage and publication.
APRIL 14, 2020 20-152 ORDINANCE
FIRST READING CONT'D
SECTION 17. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #20-XXX AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING
ORDINANCE on April 28, 2020. The Ordinance updates provisions to improve
implementation of the Zoning Ordinance, including, but not limited to: setbacks in the
Urban Industrial District, Shoreland Overlay District, parking requirements and
Corporate Business Park landscaping and lighting. The full text of the Ordinance may be
obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at
www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
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Figure 30-253e-Required Bufferyard Opacity Values
Apply the required opacityvalue ' District
f nrn this Figure to Figure 3I1-253f
and select the mrast appropriate
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an tre in [] H 2 z v� � V V cc
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Single FamiIV Residential-
Single FarniIVResidential-5 {511-5) * 0 0 0 ,
Single Farni ly Residential 0 I 0 0 0 1
Duplex Residential(011-6) * 1 1 1 i {1 I_I_I
Two Flat Residential{TR-10� * -1 ' -1 -1 + -1 .1 y 0 1
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Mobile Dome Residential(MH-4) ` -3 -3 -3 -3 .2 -2 1 1 .1 0 '
Institutional * I -2 -2 -2 II .2 .1 .1 .1 .1 .1 .1 0 e
Nelghbar11100d Mixed Use(NMIU) * 2 2 2 2 2 1 1 1 1 1 0
Suburban Mixed Use(SMU) * -4 -4 .4 A .4 .4 .3 .3 .3 .2 ' 3 2 0
Urban Mixed Use(UMU) * -4 A -4 A A -4 3 -3 .3 .2 -3 -1 -1 0
Central Mixed Use(CMU)
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Business Park(BP) * -4 .4 -4 A .4 -4 -3 -3 .3 .2 A -2 -1 .1 .1 A 0
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Heavy Industrial(HI) * -6 -6 -6 -6 .5 .5 .4 .4 .4 .4 -5 -4 A .4 .4 .4 -3 -2 0
Riverfront Mixed Use(RMU) * A -4 -4 A A .4 3 .3 .3 .2 -4 -2 -2 .2 .2 .2 -2 2 .2 0
I *For properties zoned RH-35,base bufferyard requirements on the proposed zoning district for said property as depicted
on the Future Land Use Map in the City of Clshkosh Comprehensive Man.
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Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: April 7, 2020
RE: Amend Various Sections of Chapter 30 Zoning Ordinance (Plan Commission
Recommends Approval)
BACKGROUND
The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017.
Since the adoption of the ordinance, staff has noticed a number of code sections that should be
modified following further examination and discussion with the public and developers.
ANALYSIS
Staff is proposing to move these amendments forward at this time as we have multiple
business that are directly impacted by the changes and have projects/improvements that
cannot begin until the code changes have been adopted. Staff proposes amendments to the
various Zoning Ordinance code sections outlined in the attached Plan Commission's Staff
report. After numerous discussions with property owners, developers and Plan Commission,
staff believes that the proposed amendments to the Zoning Ordinance will address issues that
have been identified and ultimately strengthen with the Code. Most of the changes deal with
uses in existing districts or provide for additional development options or provide further
clarity on existing language. Other changes allow for greater flexibility in development such
as the revised parking requirements within the new Parking Requirement Exemption Overlay
District within the central part of the City.
RECOMMENDATION
The Plan Commission recommended approval of zoning text amendments at its March 17, 2020
meeting. Please see the attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
r
Mark Lyort Mark A. Rohloff
Planning Services Manager City Manager
City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: PUBLIC HEARING:TEXT AMENDMENTS TO THE ZONING ORDINANCE
Plan Commission meeting of March 17, 2020.
GENERAL INFORMATION
Applicant: Department of Community Development
Actions Requested:
The City of Oshkosh Department of Community Development requests review and approval of
amendments to the Oshkosh Zoning Ordinance.
Applicable Ordinance Provisions:
Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own
motion or on petition after first submitting the proposal to the City Plan Commission, to amend,
supplement or change Zoning District boundaries or regulations of the Zoning Ordinance.
BACKGROUND INFORMATION
The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017.
Since the adoption of the ordinance, staff has noticed a number of code sections that should be
modified following further examination and discussion with the public and developers.
ANALYSIS
Staff proposes amendments to the following Zoning Ordinance code sections:
Section 30-61 (G) minimum front setback in Urban Industrial District(UI)
Reduce minimum front setback from 25 feet to 10 feet.
This change is intended to provide a more appropriate front setback for lots within UI districts as
the current 25 foot setback is often incompatible with established urban areas of the City.
Section 30-133 (C)regarding nonconforming structures
Replace "extended" and "extension" with "altered" and "alteration" under Blanket Conforming
Status.
This revision is intended to provide consistency with 30-133(F), which defines "alterations".
Section 30-160.5 (A) regarding Shoreland setbacks from the Ordinary High Water Mark
Amend Section(A)(2) so that setback greater than 50 feet cannot be required.
This amendment is intended to provide consistency with state statute regarding setbacks from the
OrdinaryHigh Water Mark,which does not allow for a setback requirement of greater than 50
g q
feet.
Section 30-164 regarding a new overlay district: Parkin Requirement Exemption Overlay District
�g Y �q P Y
(PRE-0)
Establish new Section (30-164) with subsections (A) through (D) along with Figures (a) through
(c).
This overlay district has been discussed at previous Plan Commission workshops. It is being
proposed to waive parking requirements for three established urban areas of the City. These
areas include properties where meeting commercial parking requirements may not be feasible
and sufficient on-street parking is provided.
Section 30-173 (B)regarding applicability of bicycle and pedestrian access standards
Amend Applicability Section to exempt storage land uses from the requirements.
Storage land uses are currently required to provide bicycle and pedestrian access. As the nature
of storage land uses is vehicle-dependent, staff is of the opinion that pedestrian and bicycle access
should not be required as it likely would not be utilized.
Section 30-174 (B)regarding applicability of visibility standards
Amend Applicability Section to include new and existing vegetation.
This amendment is intended to correct an oversight as vegetation is included in vision triangle
requirements,but currently is not included under applicability.
Section 30-175 (F) regarding parking requirement exemptions
Amend Section to include newly created Parking Requirement Exemption Overlay as exempt
from parking requirements. Also include in subsection(1).
This amendment is proposed to correspond with and provide consistency with the newly created
Parking Requirement Exemption Overlay.
Section 30-190 (E) regarding exterior lighting standards
Amend subsection(4) to provide maximum fixture mounting height for CBP district and provide
increased fixture mounting height not to exceed 25 feet.
As the result of an oversight when the Corporate Business Park District(CBP) was created, CBP is
being included with a 25' maximum fixture mounting height. We are also proposing to provide
allowance of a 3 foot height increase to accommodate light pole bases, as was discussed at a
previous Plan Commission workshop. The additional height is often requested as standard light
poles are often 20 feet in height which currently would not allow for a base. Staff is supportive of
the increase provided the overall height does not exceed 25 feet.
Item-Teri Amendments-Zoning Ordinance 2
Section 30-242 (A)regarding multi-family exterior design standards
Remove subsection(2) which prohibits standing seam metal roofs.
As of June 19, 2019, standing seam metal roofs are allowed for multi-family uses. This
amendment is to correct an oversight.
Section 30-253d regarding landscaping point requirements for regular development
Amend the table to provide point requirements for Corporate Business Park District(CBP).
The CBP district is currently not included in the table. This revision is to provide landscaping
point requirements for the CBP district.
Section 30-253e regarding required bufferyard opacity values
Amend the table to provide bufferyard opacity values for Corporate Business Park District(CBP).
The CBP district is currently not included in the table. This revision is to provide bufferyard
opacity values for the CBP district.
Staff feels that the proposed amendments to the Zoning Ordinance will solve some problems that
have been identified and ultimately strengthen the Code.
RECOMMENDATION
Staff recommends that the Plan Commission recommend approval of the proposed amendments
to the Oshkosh Zoning Ordinance.
The Plan Commission approved of the proposed amendments to the Oshkosh Zoning Ordinance
as requested. The following is the Plan Commission's discussion on this item.
Site Inspections Report: N/A
Staff report accepted as part of the record.
The City of Oshkosh Department of Community Development requests review and approval of
amendments to the Oshkosh Zoning Ordinance.
Mr. Lyons presented the item. The City of Oshkosh adopted a new zoning ordinance which went
into effect on January 1, 2017. Since the adoption of the ordinance,staff has noticed a number of
code sections that should be modified following further examination and discussion with the
public and developers. Staff proposes amendments to the following Zoning Ordinance code
sections: Section 30-61 (G),Section 30-133 (C), Section 30-160.5 (A), Section 30-164,Section 30-173
(B), Section 30-174(B), Section 30-175 (F),Section 30-190(E), Section 30-242 (A), Section 30-253d
and Section 30-253e. He said staff feels that the proposed amendments to the Zoning Ordinance
will solve some problems that have been identified and ultimately strengthen the Code.
Item-Text Amendments-Zoning Ordinance 3
Mr. Fojtik opened technical questions to staff.
Ms. Propp said she does not remember if they had already voted on Design Standard changes like
the windows on the front facade.
Mr. Lyons replied they removed the side facade requirements approximately a year ago but they
have not proposed any changes to the front fagade. He mentioned staff has been working with
local builders and developers on new construction house Design Standards and potentially going
to a point base system.
Ms. Propp asked if staff feels that the current ordinance is sufficiently workable.
Mr. Lyons responded at this point in time staff has not identified a better solution but staff is
continuously trying to find if there may be a better option than the current system for infill
housing, remodels, etc. He said at this time staff feels it is still appropriate to require Design
Standards and it also allow the Plan Commission to be able to work through unique situations
with applicants.
Mr. Slusarek stated the biggest change is the Parking Exemption Overlay and reviewed some of
the other minor changes with the text amendments.
Mr. Lyons reiterated most of the text amendments were clean ups for issues they've had in the
past or the DNR asking them to modify the text to match theirs. He stated this will make the code
more workable and help deal with the issues they have been experiencing.
Mr. Fojtik opened up the public hearing.
There were no public comments submitted on this item.
Mr. Fojtik closed the public hearing.
Motion by Erickson to adopt the findings and recommendation as stated in the staff report.
Seconded by Coulibaly.
Mr. Fojtik asked if there was any discussion on the motion.
Mr. Fojtik said he appreciates staff's willingness to understand that this was not a perfect
document when it was created and their willingness to make it more workable.
Mr. Ford commented the parking is a great change and it makes perfect sense.
Motion carried 6-0.
Item-Text Amendments-Zoning Ordinance 4
30-61
(G) Density,Intensity,and Bulk Regulations for the (UI)Urban Industrial District.
Requirement
Minimum Lot Area 10,000 square feet
Maximum Impervious Surface
80 percent
Ratio
Minimum Lot Width 80 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right- 50 feet
of-Way
Minimum Front Setback 2-5 10 feet
Minimum Street Side Setback(on 25 feet
corner lots)
Minimum Side Setback 10 feet
Minimum Rear Setback 25 feet
Maximum Principal Building 60 feet
Height
Minimum Principal Building 10 feet
Separation
Minimum Pavement Setback(lot Meet minimum setbacks for principal
line to pavement;excludes structures
driveway entrances)
Minimum Parking Required See Article III
Minimum Garage Door Setback to
Alley (if applicable) 10 feet
Accessory Buildings:
Minimum Front Setback 60 feet and at least 5 feet behind the
principal structure
Minimum Side Setback 10 feet
Minimum Rear Setback 25 feet
Maximum Height 45 feet
30-133
(C) Blanket Conforming Status.
(1) Blanket conforming status for any and all requirements of this Chapter is
hereby automatically granted to any structure lawfully existing upon the
effective date of this Chapter. After said date, structures may not be enlarged,
expanded, or extended altered without bringing the enlargement, expansion,
or extension alteration into compliance with the provisions of this Chapter, or
unless a variance is granted by the Zoning Board of Appeals under Section 30-
411.
Page 4
30-160.5
(A)(2) Adjustment of Shore Yards. A setback greater- a less than 50 feet may
be required or allowed, if the following apply:
(a) The principal structure is constructed on a lot or parcel immediately
adjacent on each side by a lot or parcel containing a principal structure.
(b) The principal structure must be constructed a distance greater than or equal
to the average setback of the principal buildings on the adjacent lots,
however:
(i) In no case shall the setback be reduced to a distance less than 35 feet
from the ordinary high-water mark.
(4) in no case shall the setbaEk be r-equir-ed to be a Elistanee greater-
AVERAGE
SETBACK
No LES5 THAN 3S
ALLOIAED - - - — - - -
SHORELINE.
OMb JARY HIGH
WATER MARK
30-164
Section 30-164: (PRE-0) Parking Requirement Exemption Overlay District
(A) Purpose. The purpose of this overlay district is to accommodate smaller sites within the
City of Oshkosh's Central City areas that would otherwise be unable to provide required off-street
parking hampering new development or reuse of existing structures.
(B) Within the Parking Requirement Exemption Overlay District(PRE-O), the parking
requirements of this Chapter are hereby waived for nonresidential uses. However,when off-street
parking facilities are provided, such facilities shall meet the requirements of this Chapter,expect in
respect to the number of required spaces.
(C) Mixed-use/upper floor residential uses need only provide evidence of the availability of
off-street public or private parking in the amount of 1 parking space per dwelling unit within 1,000
feet of the unit.
(D) See Figures 30-164a through 30-164c for locations of the Parking Requirement Exemption
Overlay District.
Page 5
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30-173
(B) Applicability. The requirements of this Section shall apply to all new development
or redevelopment. Storage land uses are exempt from the requirements of this
Section.
30-174
( ) Applicability.A licabili .The requirements of this Section shall apply to all new development
or redevelopment-and new and existing vegetation.
30-175
(F) Parking Requirement Exceptions in the Central Mixed Use District-and Parking
Requirement Exemption Overlay District.
(1) Within the CMU district and Parking Requirement Exemption Overlay District,
the parking requirements of this Chapter are hereby waived. However, when
off-street parking facilities are provided, such facilities shall meet the
requirements of this Chapter, except in respect to the required number of
spaces. Residential uses need only provide evidence of the availability of off-
street public or private parking in the amount of 1 parking space per dwelling
unit within 1,000 feet of the unit.
30-190 (E)(4)(d)
(iii) 25 feet in the CBP,BP,UI, and HI zoning districts
(iv) Light fixture mounting height may be increased by up to 3 feet over the maximum
fixture mounting height to accommodate a light pole base, provided the overall
height does not exceed 25 feet.
30-242 A
Page 7
Figure 30-253d
City of Oshkosh Zoning Ordinance Municipal Code
Multi-Family Res. (\IR- Sll ItNI 11
3h)
Mobile Home Res. (NIH-9) 40 511 11MI 241
Institutional (1) 40 NI I1NI 241
Neighb.\lined Use (NMU) _i ill IIKI 241
Suburban Mixed Use (SNIIJ) 40 SSI I1XI 20
Urban Mixed Use (UN1U) 40 aU till 10
Central Mixed Use
{I 5l1 11 11
(Ch1U)
Riverfmnt Mixed Use
Ntl yl IINI 211
(R.mU)
Corporate Business Park
;lt GU lull 20
((-Bill
Business Park (BPI 40 5l1 IINI 20
Urban Industrial (UI) 241 3l1 -10 141
Heavv Industrial (1-11) 241 30 30 141
.Note:Single family dwelling,unit,,tivn family dwelling units,and agricultural land uses are exempt from
landscaping roquiremen(s.
Page 8
Figure 30-253e
Figure 30-253e; Retluired Bufferyard Opacity Values
Apply the i.yt, .. 1 AlUe District:
fnom thig.Figure to Figure 3 _151if
and select the most apptnpriate
bufteryard option Note that certrm
land rises conditional u9es and a or, N Ck at CC Ck N 7 f m _ _ ,22,
plumed development proiIn-ts n iy
havv more+tnngent btuhrnvrd
regtttrernents
Rural Holding IRH-3S)
Single Family Residential-2 (SR-2) • 0
T
Single Family Residential-3
Single Family Residential-5 (SR-5) 0 0 0 ,
Single Family Residential-9 (SR-9) 0 , 0 0 1 0
Duplex Residential(DR-6) ' 1 1 .1 .1 D ( I
Two Flat Residential(TR-10) ' .1 .1 .1 .1 .1 0
Mufti-Family Residential-12(MR-12) ' .2 .2 .2 .2 .1 .1 0
Mufti-Famdy Residential-20(MR-20) • .3 .3 .3 ' .3 .2 .2 .1 0
Muti-Family Residential-b6(MR-36) • I .3 t .3 I .3 t .3 ' .2 I .2 I .1 1 .1 0
Mobile Home Residential(MH-9) .3 .3 ' .3 .3 .2 .2 .1 .1 .1 0 ( ( I 1
Institutional • .2 , .2 , .2 t .2 .1 i .1 .1 .1 .1 .1 . 0 .
Neighborhood Mixed Use(NMU) .2
Suburban Mixed Use(SMU) ' .4 .4 .4 , A .4 .4 3 .3 .3 .2 .3 .2 0 -
Urban Mixed Use(UMUI .4 .4 .4 .4 .4 .4 .3 .3 I .3 .2 .3 .1 .1 0
Central Mixed Use(CMU) I ' ( .4 ;-
Corporate Business Park(CBP) I • .4 ' .4 .4 I .4 ' .4 ' .4 ' .3 ' .3 ' .3 I .2 ' .4 ' .2 ' .1 I .1 I .1 ' 0 '
Business Park IBPI ' .4 .4 .4 .4 .4 .4 3 .3 .3 .2 .4 .2 .1 .1 .1 .1 0
Urban Industrial IUI) • 5 .5 .5 , -5 .5 . .S .4 .4 .4 .4 , .S .3 • .2 .2 .2 .2 - .2 - 0
Heavy Industrial(HII .6 .6 .6 .6 .5 .5 .4 1 .4 1 .4 1 .4 .5 1 .4 .d 1 .4 1 .4 1 .4 1 .3 1 .2 1 0
Riverfront Mixed Use(RMU) i .4 1 .4 J .4 J .4 1 .4 1 .4 1 3 i .3 J .3 J .2 1 .A 1 .2 1 .2 1 .2 J .2 J .2 J .2 1 .2 1 .2 1 0
'For properties zoned RH-35,base bufferyard requirements on the propnkd zoning district for said property as depicted
on the Future Land Use Map in the City of Oshkosh Comprehensive Plan.
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Sections 30-164 165 to 30-169: Reserved
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