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HomeMy WebLinkAbout09-279JULY 28, 2009 09 -279 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REPEALING AND RECREATING SECTION 30 -27 DOWNTOWN OVERLAY DISTRICT OF THE ZONING ORDINANCE INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT/ PLANNING SERVICES DIVISION PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING THE DOWNTOWN OVERLAY DISTRICT STANDARDS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30 -27 Downtown Overlay District is hereby repealed and recreated as follows: (See the attached "Exhibit A ") SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #09 -XXX APPROVE REPEALING AND RECREATING SECTION 30 -27 DOWNTOWN OVERLAY DISTRICT OF THE ZONING ORDINANCE on August 11, 2009. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. "EXHIBIT A" Section 30 -27 Downtown Overlay District [revised 81??1091 (A) Purpose The Downtown Overlay District is established to foster a strong viable downtown as a commercial, civic, residential, and cultural center with its own identity in an area generally considered to be the City's historic Central Business District. The majority of structures within the District were constructed prior to 1950 and significant number along N. Main Street prior to 1900. The purpose of this District is to implement minimum standards to enhance the unique historical identity found within this area. The standards provided herein are intended to preserve and restore unique and historic buildings; ensure coordinated design of new and existing buildings, minimize adverse impacts on adjacent properties from buildings that may detract from the character and appearance of the district; protect vehicular and pedestrian movements throughout the area; and aid in improving the overall economic viability of the district. Properties in this District, listed in or eligible for listing in the National Register of Historic Places are encouraged to utilize the Secretary of the Interior's Standards for Preservation; Rehabilitation; Restoration; and Reconstruction. New buildings should be compatible in character with structures in the immediate vicinity, considering mass, bulk, architecture, materials and color. Development within this area generally took place prior to automobile oriented site design and as such new automobile oriented uses such as fast food restaurants, gas stations, automobile sales and service, and drive -thru facilities, are discouraged in this district as are warehousing and storage operations. (B) General Land Use (1) Permitted Uses. Any use permitted within the underlying zoning district, unless otherwise provided in this Chapter. (a) Residential uses are limited to upper floor areas. No separate residential structures are permitted on the same property with a non - residential or mixed commercial /industrial /residential structure. Minimum dwelling unit area is four hundred (400) square feet per unit. (2) Prohibited Uses New single and two family structures and uses other than those created above the ground floor. (3) Conditional Uses Any conditional use permitted within the underlying zoning district except M -1 Light Industrial District uses. (C) Building Design Standards These architectural standards shall apply to new building construction and building additions and facade renovation projects involving 50% or more structural work to a facade. Where an addition is made to an existing building, the architectural standards shall apply only to the new construction. Interior remodeling of existing structures shall not cause the exterior of the building to be subject to the architectural standards. (1) Building Entrances Buildings shall have at least one public entrance facing the primary street. Secondary entrances may be provided to the side or rear of the structure. (2) Building Frontage Buildings shall be oriented to the public street with traditional storefronts on the ground floor. A minimum of seventy percent (70 %) of the building facade shall be constructed at the setback line. Any facade adjacent to a public street shall be considered a primary facade. (3) Vertical and Horizontal Design (a) Building facades shall incorporate exterior horizontal belt course design elements for the building base, middle, and cap through techniques such as copestone, dripstone, string course, water table and /or plinth using natural stone masonry. (b) Horizontal elements shall visually align with similar horizontal design elements of adjacent historic structures. (c) Building facades shall incorporate exterior vertical banding techniques using natural stone or masonry to visually define building subdivisions of wall planes, modules, or building facade focal points. (4) Height No restrictions. (5) Windows and Doors Doors and windows should be similar in size, proportion, and alignment based on the architectural style of the building and to those on adjacent building facades. Original door and window openings (including transoms, lintels, sills) and accenting features shall be maintained and shall be restored to original size and style if the facade is being renovated. A minimum of sixty percent (60 %) of the street side of the front facade between two (2) and ten (10) feet above grade shall consist of transparent, non - tinted windows and doors. (a) Upper Story Windows Transparent glass or facade openings shall comprise a minimum of twenty percent (20 %) of the wall /facade area of each floor above the first floor facing a street and shall not exceed a maximum of fifty percent (50 %) of the wall /facade area of each floor above the first floor facing a street. Window frame heights shall be a minimum of one and one -half times the window frame width. (i) New windows shall replicate the originals in size, style, spacing, and division. They shall replicate the original height including transoms up to the original header height where determinable including inclusion of existing circle top or arched topped motifs. (ii) New window frames shall incorporate window sills and lintels and /or window heads that are visually distinct from the primary exterior finish materials used on the respective facade. (b) Existing window and door openings shall be maintained and shall not be permanently closed. Temporary closure shall be permitted for a period not to exceed thirty (30) days. A building permit shall be required for the temporary closure. 3 (c) Window openings shall not be enlarged or reduced to fit new units unless being done to replicate original openings. (d) Removal of over -door and window air - conditioning units and restoration of transoms is required when new storefronts facades are being structural rehabilitated in excess of fifty percent (50 %) of the facade. (6) Replacement Windows Replacement windows shall fit exactly into the original window openings. When replacement windows are necessary, the replacement windows should match the historic windows in size, shape, arrangement of panes, and materials. If metal replacement units are used, those units shall be of baked enamel or similar finish. (7) Exterior Finish Materials Primary exterior building materials shall not be dissimilar to existing structures within the immediate area or the downtown area as a whole. Primary exterior building finishes shall make -up at least 75% of the facade finish and consist of material equivalent in grade and quality to the following: (a) Clay or masonry brick (b) Natural stone as secondary material (c) Cut, cultured, or carved stone (d) Tilt up concrete panels that have a grid or brick -like appearance (e) Customized concrete masonry units with striated, scored or broken faced brick type units (sealed) with color consistent design theme is permitted as a secondary material and as a primary material through conditional use permit. (f) Ceramic tile, terra cotta (g) Cast Iron (h) EIFS (Exterior Insulating and Finishing System) may be used but not as a primary exterior material. (i) Metal may be used but not as a primary exterior material. Any metal surface shall be coated or anodized with a non - reflective, glare free - finish. Q) In conditions where the side and rear elevation is not exposed to view from a public street, the elevation may be constructed with a combination of primary and secondary materials with no less than 50% of the exterior exposed walls consisting of a primary material. (k) All exterior, exposed walls of a public facade of any accessory structure shall be constructed of similar materials used on the principal structure in terms of color and texture. (I) When facade changes are made, hidden architectural elements and original materials shall be restored or replaced to match the original architecture of the building (e.g. such as brackets, corbels, lintels, unique brick designs). Existing elements shall not be covered or hidden and additional covering -over is not permitted. (m) Exceptions to this exterior standards section may be granted by the Director of Community Development for materials of comparable design and quality. (8) (a) Non - decorative exposed concrete block. (b) Pre - engineered metal building systems. (c) Corrugated metal -sided building systems (d) Wood siding (e) Fiber cement siding (f) Sheet Metal (g) Aluminum siding (h) Vinyl siding (i) Plywood or Oriented Strand Board (OSB) or similar material. Prohibited Materials (D) Signage. Signage is an integral component of maintaining the historic character of the area. This section supplements Section 30 -37 of the Zoning Ordinance. Should any specific revision in this section conflict with any general provision of this chapter, the specific provision of this section shall take precedent. (1) Design The overall design of all signage including the mounting framework shall relate to the design of the principal building on the property. Buildings with a recognizable style should use signage of the same style. For buildings without a recognizable style, the sign shall reflect the decorative features of the building or the elements of the buildings in the adjacent area, utilizing the same materials and colors of the facade. (2) Signs shall be for the purpose of identifying businesses. No permanent signs displaying advertising or promotions are permitted other than those relating to the primary use of a property. Lettering describing a business's general goods and services may be permitted if it conforms to other guidelines as to size and quality. (3) Prohibited Signs (a) Portable Signs (b) Electronic message board signs. (c) Inflatable, moving, animated and revolving signs. (d) New box/wall cabinet signs. (e) Signs hand painted on wood, plastic, metal, or similar materials. (f) Signs hand painted on the building elevations. (g) Sheet metal, sheet plastic and thin plywood (less than % inches thick) and other thin flat materials including stick on vinyl lettering, etc with the exception as backing panels. (4) Mounting and Placement (a) Signs shall be mounted or erected so they do not obscure the architectural features or openings of the building. (b) Signs shall not be located in the right -of -way except projecting from the building in conformance with this Ordinance (c) Ground -floor businesses in multi -story buildings cannot mount wall signs higher than the bottom of the second floor window sill or eighteen (18) feet above grade, whichever is less. 5 (5) Projecting Signs. Projecting signs shall be double faced and wording shall be limited to tenant's store name and logo only. Reference to merchandise or activity is only permitted if part of the store name. Signs can be shaped to conform with the tenant's logo, typestyle or distinctive shape if it does not exceed the standards of this Section. (a) Projecting signs shall be considered double -faced signs. (b) Projecting signs shall not exceed twelve (12) square feet in area including both sides of the sign (six (6) square feet maximum per sign face). (c) Only one projecting sign shall be allowed per building per street frontage or storefront. (d) Projecting signs must clear sidewalks by at least eight (8) feet and may project no more than four (4) feet beyond the structure to which it is mounted or closer than three (3) feet of an established curb line, whichever is less. (e) The top of the projecting sign shall not be installed above the window sill of the second story or eighteen (18) feet, whichever is less. (i) Exception The sign height may be raised to within eighteen (18) inches of the window sill if the Zoning Administrator determines that the sign cannot reasonably be placed within the storefront cornice sign band area. (f) Projecting signs shall not be placed within fifteen (15) feet of another projecting sign. If the fifteen (15) feet separation cannot be maintained, the Zoning Administrator may permit a lesser distance to obtain the maximum separation distance. (g) Projecting signs shall not be internally illuminated but may be lit with neon or exposed incandescent bulbs. (h) Projecting signs shall not interfere with street trees, streetlights, traffic devices, or any city streetscaping installed in the right -of -way. (i) Projecting signs shall not be allowed at the intersection of streets except at right angles to a building front. 0) Projecting signs shall be mounted a minimum six (6) inches from the building facade and no more than twelve (12) inches. (k) Abandoned signs The projecting sign, framing, and mounting hardware shall be removed within thirty (30) days when the owner or lessee of the premises no longer conducts business at the property. (6) Wall Signs. Wall signs are those signs attached and parallel to the building facade and which extend no more than six (6) inches from the surface of the wall. Wall signs are encouraged to be unique in character and its relation to the type of business it advertises. (a) Number One (1) wall sign is permitted per storefront operation. (b) Area A wall sign shall not exceed five percent (5 %) of the total square footage of the building facade or thirty -two (32) square feet, whichever is less. If the sign is comprised of the following materials, then a five percent (5 %) increase in the above square footage is permitted: 0 (i) Individual channel letters (minimum one (1) inch relief) applied to a backing panel. (ii) Flat signs made of wood, metal, stucco, stone or brick with individual letters providing a minimum one (1) inch relief against the face of the sign. (c) Placement A wall sign shall be placed no higher than the bottom window sill of the second floor or eighteen (18) feet whichever is less. Signs shall not obstruct any window, door, fire escape, stairway or any opening intended to provide air, egress or ingress for any building or structure. Signs should not obscure the prominent architectural features of a building such as ornamental masonry. (7) Sandwich Board Signs (a) One (1) sandwich board sign shall be permitted per property, per street frontage. In the case where the rear of the property abuts a public parking area, a sandwich board sign may be placed per the location requirements of subsection (m) below. (b) Area Sign face area shall not exceed twelve (12) square feet per sign face with a maximum of two (2) faces per portable sign. (c) Width Sign face shall not exceed three (3) feet measured at the widest point of the sign face. (d) Height Sign height shall not exceed four (4) feet measured from ground to top of sign. (e) Ballast Ballast shall be installed at the base of the sandwich board to ensure stability in windy conditions. (f) Portability Signs shall not be permanently affixed to any structure within the right -of -way or sidewalk. (g) Color /Illumination The sign shall not be painted traffic yellow or construction zone orange, nor be reflective, fluorescent, or illuminated. (h) Signs shall not resemble or contain any MUTCD (Manual on Uniform Traffic Control Devices) compliant traffic control devices in size, shape, message, or color. (i) Signs shall not be provided with any power for illumination. Q) A maximum of one (1) sandwich board sign shall be permitted per property. No supplemental sign, notice, flag, balloon, or other decoration shall be attached to the sign. (k) The sign shall be manufactured to a professional standard of construction, finish and graphics; be fabricated of sign grade wood or metal and be free standing and self - supporting and not be affixed to or mounted on wheels. (I) The sign shall be maintained in good repair. (m) Placement (i) Sidewalk width Signs shall be placed only on sidewalks where a minimum five (5) foot wide clear sidewalk is maintained. The sign shall be placed within three (3) feet of the building facade or between the sidewalk and the curb fronting the place of business in the sidewalk terrace area but no further than four (4) feet from the face of the curb head. The sign shall not hinder the ability of persons to exit/enter vehicles parked along the curb and /or hinder exit/entry to a building. Removal Sandwich board signs may only be displayed during the period a business is open to the public and shall be removed and stored inside the interior of the building at the close of business each day. Sandwich board signs shall not be placed in such a way as to interfere with snowplowing of the streets. The area around the sign shall be free of snow and ice and shall be placed on the ground at all times. Sandwich board signs shall not be placed on snowbanks. Businesses that utilize sandwich board signs shall hold the City harmless from damage to the signs due to snow removal and plowing. Location Signs shall be located according to the following standards: (aa) No sandwich board sign shall be placed within ten (10) linear feet of another sandwich board sign. Sandwich board signs shall not be located adjacent to a bus stop or placed to interfere with passengers boarding or alighting a transit vehicle. The sign shall not obstruct drivers' sight lines and shall be placed a minimum of twenty -five (25) feet from an intersection. (bb) Sandwich board signs shall be placed a minimum of forty - eight (48) inches from all obstructions within the sidewalk right -of -way including newspaper boxes, outdoor tables/ setting, trees and tree grates, bicycle racks, trash receptacles and any other item impeding pedestrian or wheelchair movement. Signs shall be placed a minimum of ten (10) feet from a building corner or pedestrian crosswalk. Signs shall not be closer than one (1) foot from the face of the street curb. (cc) Sandwich board signs shall not block or interfere with any permanent or temporary traffic control devices. (dd) Sandwich board signs shall not be located in any "bump out" area. (ee) ADA Compliance Sign placement shall meet all Americans with Disabilities Act (ADA) requirements. (iv) Permit Required An annual permit shall be required for placement of sandwich board signs. Permits are issued on a calendar year basis and are valid from January 1 through December 31. (v) Enforcement More than two violations of the sandwich board sign standards in one calendar year shall result in the revocation of the permit for the portable sign. A new sandwich board sign permit shall not be issued for the business /property owner for a minimum of twelve (12) months from the date of the sign permit revocation. (8) Exempt Signs (a) Cornerstones stating the name and date of a building and incorporated into the building design as an architectural feature. (b) Landmarks Signs Signs painted on a building facade that are at least fifty (50) years old which may no longer advertise an existing business activity and are determined to be a historic sign by the Plan Commission are exempt. (E) Marquees /Awnings & Canopies (1) Marquees /awnings and canopies shall be supported solely by the building to which they are attached and no columns or posts shall be permitted as supports unless placed outside the right -of -way. (2) Height, Encroachment The horizontal portion of the framework shall not be less than eight (8) feet nor more than twelve (12) feet above the sidewalk and the clearance between the covering or valance and the sidewalk shall not be less than seven (7) feet. Canopies shall be placed not less than three (3) feet from the curb line. (3) The valance, or front face, of an awning shall not exceed eight (8) inches in height. (4) Awnings, fixed or retractable shall be made of opaque fabric on a securely mounted metal frame in an angled configuration (sloping up from above the pedestrian walk to the building face). (5) Internally illuminated awnings are prohibited. (6) Awnings shall be the same color, pattern, and have the same mounting characteristics for a single business or property. Awnings on a single building shall have a consistent horizontal alignment across the front of the entire building, unless the slope of the pedestrian walk or ground requires a horizontal stagger. (7) Signage on awnings shall be limited to the valance only and shall not exceed eighty percent (80 %) of the width of the awning. (8) Lettering shall not exceed eight (8) inches in height. (9) Awnings shall receive routine and proper maintenance so that they remain in good repair. Marquees, awnings, or canopies found to be in disrepair by the Zoning Administrator shall be ordered removed. Removal shall include all parts of the awning including frame and mounting brackets. (F) Mechanical Equipment & Service Areas Utility service boxes, telecommunication devices, cables, conduits, vents, turbines, flues, chillers and fans, trash receptacles, dumpsters, service bays and recycling storage areas shall be screened from public view by incorporating the following design standards: 0 (1) Locate mechanical equipment and service areas at the rear of the building, along an alley facade or on the building rooftop; (2) Mechanical equipment and service areas shall be screened using architectural screen walls, screening devices, and /or landscaping; and (3) Mechanical equipment located on a building rooftop shall be setback from the building edge a sufficient distance to screen the equipment from view from the adjacent streets. (G) Right -of -Way Encroachments An encroachment permit shall be obtained from the City prior to placement of any wall or projecting sign, canopy /awning, or building appurtenance into the right -of -way. (H) Exceptions. Notwithstanding any of aforementioned exceptions permitted by the Director of Community Development or Zoning Administrator, exceptions to the provisions of this section of the Zoning Ordinance may be permitted through conditional use permit. 10 QJHK0fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Ki y Director of Com unity Development DATE: July 23, 2009 RE: Approve Repealing and Recreating Section 30 -27 Downtown Overlay District of the Zoning Ordinance (Plan Commission recommends approval) BACKGROUND /SUBJECT PROPERTY The recreation of this section of the Zoning Ordinance will provide a minimal level of design standards to ensure that exterior building improvements are undertaken in a manner consistent with the original architectural character of the built environment in downtown. There are several reasons why the proposal is brought forward for Council review and approval: • When portions of the movie "Public Enemies" were filmed in Oshkosh last year, this generated significant interest in the architectural character of downtown. The proposed provisions would enable the community to both preserve that character and promote improvements in keeping with that architectural character. • The proposed changes would also work in concert with the new fagade rehabilitation program being implemented by the Oshkosh Area Community Foundation. • Also, the changes will provide for implementation of recommendations in the City's adopted Comprehensive Plan (i.e., the Cultural Resources Element), as well as in the Downtown Action Plan, where the City was encouraged to develop provisions that incorporate design guidelines and building architecture standards as part of the Zoning Ordinance. The proposed changes are also consistent with recommendations contained in the recently completed Vision Oshkosh Report. In developing the proposed Ordinance provisions, City staff researched multiple downtown type overlays for other main street areas and incorporated the most relevant and applicable provisions relative to the City's downtown environs. Staff also met with the property owners, the BID, and the architect for the Fagade Rehabilitation Program. ANALYSIS The proposed Downtown Overlay District will include the following major categories: • Purpose • General Land Use • Building Design Standards • Signage, Marquees /Awnings and Canopies • Mechanical Equipment and Service Areas • Right -of -Way Encroachments and Exceptions. The changes will assist in preserving and restoring unique and historic buildings; they will ensure coordinated design of new and existing buildings; they will minimize adverse impacts on adjacent properties from buildings that may detract from the character and appearance of the district; they will protect vehicular and pedestrian movements throughout the area; and they will aid in improving the overall economic viability of the district. The other major change involves changes in permitted signage which would allow projecting signs and sandwich board signs. The ordinance change would set a minimal level of protection that is not inconsistent with development standards in other communities and is consistent with the City's Comprehensive Plan and the recent community visioning project. At the Plan Commission's review of the Ordinance a suggestion was made to potentially permit sandwich board signs at the back of the property (typically adjacent to the parking areas) or one per street frontage for corner buildings, which staff has adjusted to the proposed Ordinance to accommodate. FISCAL IMPACT No direct fiscal impact anticipated, however, the protection and restoration of the historic downtown environment should increase property values over time by making the downtown area a more attractive place to establish a business or reside, which generally results in high rents and property values. RECOMMENDATION The Plan Commission approved of this request at its July 7, 2009 meeting. Approved, City Manager ITEM: PROPOSED TEXT AMENDMENT TO ZONING CODE CHAPTER 30 -27 DOWNTOWN OVERLAY DISTRICT Plan Commission meeting of July 7, 2009 GENERAL INFORMATION Applicant: Department of Community Development Owner: N/A Actions Requested: Major re -write of the City's Downtown Overlay Ordinance (DO) to provide a minimal level of design standards to ensure protection of the "historic" structures in the downtown from inappropriate alterations. The stated purpose of the Ordinance is to "preserve and restore unique and historic buildings; ensure coordinated design of new and existing buildings, minimize adverse impacts on adjacent properties from buildings that may detract from the character and appearance of the district; protect vehicular and pedestrian movements throughout the area; and aid in improving the overall economic viability of the district." The other major change or addition to the DO involves changes to signage. In particular permitting projecting signs and promoting certain types of wall signs and prohibiting others. Sandwich board signs would also now be permitted. Other changes involve marquees /canopies, mechanical equipment and incorporating some flexibility into the Ordinance to permit minor ordinance adjustments by permitting the Zoning Administrator or Director of Community Development, or designee, to permit some exceptions to building materials and sign placement. Additionally, other major modifications to the Overlay requirements are proposed to be addressed through the Conditional Use Permit process versus the Board of Appeals process. Background The changes are being proposed currently to capitalize on the momentum created by the filming, and now release, of "Public Enemies" downtown and the period changes that were done to the buildings and signage along N. Main Street as well as coinciding with the Oshkosh Community Foundation's newly created fagade rehabilitation program that will be initially focused in the 400 block of N. Main Street. In developing the proposed Ordinance provisions, City staff researched multiple downtown type overlays for other historic main street areas, and incorporated the most relevant and applicable provisions relative to the City's downtown environs. In addition to the Plan Commission workshops on the Ordinance, staff has met with the Business Improvement District Board, which essentially is encompassed by the current Overlay, Scott Matula (set design architect for Public Enemies and for the Foundation's Fayade Program), and other interested property owners downtown. Staff has incorporated their major concerns into various draft updates of this proposal. Applicable Ordinance Provisions: The Zoning Ordinance, in Section 30 -8, establishes the ability of the Common Council on its own motion or on petition, after first submitting the proposal to the City Plan Commission, amend, supplement or change district boundaries or the regulations herein. ANALYSIS The following illustrates how the DO has been expanded to include additional major categories, with each major category having various subsections. Current DO major categories: (A) Purpose (B) Permitted Uses (C) Standards (no design or signage) Proposed DO major categories: (A) Purpose (B) General Land Use (C) Building Design Standards (D) Signage (E) Marquees /Awnings & Canopies (F) Mechanical Equipment & Service Areas (G) Right -of -Way Encroachments (H) Exceptions The expanded DO essentially doubles the amount of major categories. Of note would be Sections C and D which are significant additions to the Ordinance. The following paragraphs will describe the major categories. Purpose The purpose section has been expanded to incorporate more historical references such as encouraging utilization of the Secretary of Interiors Standards for Preservation, Rehabilitation, Restoration, and Reconstruction. The district also discourages (does not prohibit) development of new automobile oriented uses and warehousing and storage operations. Item -text amendment Downtown Overlay General Land Use Formerly identified as "General Land Use" this section is essentially the same other than prohibiting new single and two family structures as well as manufacturing uses in commercial zones. Building Design Standards This is a major new category that establishes some minimum design guidelines for new construction, additions, and fagade rehabilitation projects involving over 50% structural work. This section is consistent with the aforementioned Comprehensive Plan goals regarding preservation and design standards. This section includes the following major design related standards. ✓ Building Entrances ✓ Building Frontage ✓ Vertical and Horizontal Design ✓ Height (stays the same from existing DO) ✓ Windows and Doors ✓ Replacement Windows ✓ Exterior Finish (establishes primary and secondary materials and prohibited materials) Signage This a major new category that: ✓ Establishes new standards for wall signs ✓ Permits Projecting Signs ✓ Prohibits certain types of signs ✓ Permits sandwich board signs Marquees /Awnings & Canopies Establishes standards and maintenance requirements. Permits signage and limits placement to valance only. Mechanical Equipment & Service Areas New category with intent to screen these items from public view. This particular section is actually clearer than the existing Zoning Ordinance requirements pertaining to equipment screening and will be used as the model to update those ordinance provisions. Exceptions This is a major new category and change to the Ordinance that will provide some administrative flexibility for specific code sections and to permit other modifications to DO requirements through CUP rather the more stringent legal standards required by the Board of Appeals. The intent of the proposed ordinance is to attempt to preserve the historic character of the downtown by preventing inappropriate alterations to existing buildings and to prevent construction of new buildings that would be out of character with the developed area, which has occurred in the downtown periodically resulting in breaks in the "rhythm" of the built environment as evidenced by boarded up window and door openings, concrete block buildings and additions, signage placed over windows, inappropriately sized windows etc. From staff s perspective the proposed ordinance sets a minimal level of protection that is not inconsistent with development standards in other communities and is consistent with the City's Comprehensive Plan and the recent community visioning project. Item -text amendment Downtown Overlay As staff has done in the past with other major ordinance changes, over the course of the next year the Ordinance will be evaluated to determine if any adjustments are warranted and bring back for consideration any changes through the amendment process. RECOMMENDATION /CONDITI The Department of Community Development recommends adopting the proposed Downtown Overlay Ordinance changes. The Plan Commission approved of the Downtown Overlay Ordinance changes as requested. The following is the Plan Commission's discussion on this item. Mr. Burich noted this is a significant rewrite to the Downtown Overlay District to provide a minimal level of design standards to ensure protection of historic structures in the downtown from inappropriate alterations. Mr. Burich reviewed the basic changes of the proposed update, which are consistent with previous Plan Commission discussion on this item. He also provided examples /pictures of various building facades in the downtown illustrating different types of signage and building alterations that would not be permitted under this proposed amendment. The Ordinance amendment is intended to maintain uniformity and integrity of historic buildings in the downtown. Mr. Lowry noted that sandwich board signs would be permitted under the amendment. He inquired about permitting more than one, given the fact that most downtown businesses have a front and back entrance and both need signage. Mr. Burich felt that was reasonable and would look into it. Mr. Fojtik inquired why fast food businesses would be discouraged in the downtown? Some of the newer designs are of an old fashion nature /theme. Mr. Burich stated the intent is to discourage buildings with a drive thru. Mr. McHugh inquired why internal illuminated signs would not be permitted? In the 20's and 30's, florescent signs were the thing. Mr. Burich stated the intent is to recreate an historic looking district where internally illuminated wall cabinet signs would be prohibited but neon type signs would be permitted. Mr. McHugh stated he explores historic districts around the country and most have murals. Why are they not permitted here? Mr. Borsuk believed there was a lot of discussion on murals in the past and a consensus could not be reached so the issue was dropped. Mr. Thorns inquired if work/improvements are done on the front, would anything have to be done on the back? Item -text amendment Downtown Overlay Mr. Burich noted owners would not be required to make improvements to both facades if they are only looking to improve one. Mr. Thorns inquired about the Community Foundation fagade project — will that program need to comply with the new regulations if the amendment is approved? Mr. Burich stated staff worked with the architect designing the facades based on the updated regulations and the work being proposed is consistent with the Ordinance. Mr. David Sparr, 103 High Avenue, Chairman of the Business Improvement District, felt this is a good start and consistent with what the BID Board is trying to do in the downtown. Mr. Thorns inquired if downtown property owners have been made aware of these proposed changes, and what are their thoughts. Mr. Sparr noted several downtown property owners are on the BID Board and they did not express any significant concerns. Mr. Burich noted the Plan Commission has held workshops on this, staff made a presentation to the BID Board; and staff worked with the architect involved with the Community Foundation's fagade program. Mrs. Propp felt the amendment is reasonable and liked the administrative flexibility. She would, however, like to see some financial incentives to assist downtown property owners in making changes to their buildings that will adopt these proposed changes. Mr. Burich noted that $164,000 is being targeted for improvements to downtown facades through the Community Foundations program. He noted this is a start at trying to provide some protection for the downtown. Motion by Propp to move approval of amending Section 3 0-2 7 Downtown Overlay District as proposed. Seconded by Lowry. Motion carried 9 -0 Item -text amendment Downtown Overlay City of Oshkosh Municipal Code SECTION 30 -27 DOWNTOWN OVERLAY DISTRICT (A) PURPOSE The purpose of this district is to provide an overlay to to the area.generally considered to be the City's central city area. The overlay provisions are intended to relate to the special character of older commercial and .industrial districts in this area. (B) Permitted Uses (1) Any use permitted by the underlying District, unless otherwise provided in this Chapter. (2) Conditional Uses • Any conditional use identified in C -3 Central Commercial District unless otherwise provided in this Chapter.. An application fora conditional use permit shall not be approved unless it complies with the conditions and standards set forth in Section 30 -11 Conditional Use Permits. (C) Standards T The following special standards apply to any district where the Downtown Overlay designation is applied. These standards shall apply only when the special standard differs from the standards set forth for the primary residential district. In all other respects, the standards set forth for the C -3 Central Commercial District shall apply. (1) Height: No restrictions. (2) Vision Clearance: None required. (3) Mixed Commercial/Industrial/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: a) Upper floor residential only: residential uses are limited to upper floor areas. No separate residential structures are permitted on the same lot with a non - residential or mixed commercial lindustriaVresidential structure. b) Dwelling unit area: Four hundred (400) square feet minimum. C) Off- street'parking: In accordance with Section 30 -36 Off - Street Parking & Loading Facilities. City of Oshkosh Chapter 30 — Page 66 Municipal Code T`T)0T0*b Section 30 -27 Downtown Overlay District (A) Purpose The Downtown Overlay District is established to foster a strong viable downtown as a commercial, civic, residential, and cultural center with its own identity in an area generally considered to be the City's historic Central Business District. The majority of structures within the District were constructed prior to 1950 and significant number along N. Main Street prior to 1900. The purpose of this District is to implement minimum standards to enhance the unique historical identity found within this, area. The standards provided herein are intended to historic buildings; ensure coordinated design minimize adverse impacts on adjacent properi detract from the character and appearancg1g pedestrian movements throughout the Oba; ar. economic viability of the district.' rties i eligible for listing in the National' eg of to utilize the Secretary of the Interior's Rehabilitation; Restorati and Reconstruc compatible in character wi ctures in the mass, bulk, architecture, ma color. e rve and restore unique and ee & existing buildings, s from 4 dings that may district; ;ct vehicular and aid in impro - the overall ds District, list �'or Ebpc Places are couraged for Preservation; New buildings should be igdiate vicinity, considering 1 J r Development within this area gh e to lade prior to automobile oriented sit d as such �w automobie oriented uses such as fast food res ' g r ations, aut3� obile sales and service, and drive -thru facilities iscour �ed in this dig . as are warehousing and storage operations. III[, V (B) 1ii ind Used € 1 (1) PermiRd ses. a permitted within the underlying zoning district, < #1 unless o ise pr ed in this Chapter. (a) R . entia uses are limited to upper floor areas. No separate re ; ntial structures are permitted on the same property with a n - residential or mixed commercial /industrial/residential ,ucture. Minimum dwelling unit area is four hundred (400) square feet per unit (2) Prohibited Uses. New Single and Two Family structures and uses other than those created above the ground floor. (3) Conditional Uses. Any conditional use permitted within the underlying zoning district except M -1 Light Industrial District uses. (C) Building Design Standards These architectural standards shall apply to new building construction and building additions and facade renovation projects involving 50% or more structural work to a facade. Where an addition is made to an existing building, the architectural standards shall apply only to the new construction. Interior remodeling of existing structures shall not cause the exterior of the building to be subject to the architectural standards. (1) Building Entrances Buildings shall have at least one public entrance facing the primary street. Secondary entrances provided to the side or rear of the structure. (2) Building Frontage Buildings shall be oriented to the public street with traditional storefronts on the ground floor. A minimum of seventy (70) percent of the building facade shall be constructed at the setback line. Any facade adjacent to a public street shall be considered a primary facade. =,. (3) Vertical and Horizontal Design. (a) Building facades shall incorporat t horizontal belt course design lements for the buildin e 1 and ca thro gn g� q P h g techniques such as copestoiligl tp stone, strrn� ourse, water table and or plinth usin 46al stone masoQ.1 (b) Horizontal elements sh;; isuallyf with sirni rizontal design elements of aajace stop, I}uctures. (c) Building facades shall incorp g exterior vertical � andmg techniques a 'ng natural stone' hasonry to visually define cl ns of wall pl odules, or building facade building sub points. �i '` focal P 4 Height. No restrictions. (5) Windows and Doors. Doom an ili i E buld be similar in size, proport' ignment b on the ec tural style of the building and IRI , ose on pcent builds' facades. Original door and window `' transoms, h!r�, sil ls) and accenting features shall be restores iginal size and style if the facade is � 0" J1 q , sixty (60) percent of the street side of the i two (2) and ten (10) feet above grade shall consist of bd windows and doors. a) 0 er Sto TIWindows. Transparent glass or facade openings s comb' ise a minimum of twenty (20) percent of the w facade area of each floor above the first floor facing a street a� shall not exceed a maximum of fifty (50) percent of the alUfagade area of each floor above the first floor faced facing a street. Window frame heights shall be a minimum of one and one -half times the window frame width. (i) New windows shall replicate the originals in size, style, spacing, and division. They shall replicate the original height including transoms up to the original header height where determinable including inclusion of existing circle top or arched topped motifs. (ii) New window frames shall incorporate window sills and lintels and/or window heads that are visually distinct from the primary exterior finish materials used on the respective facade. 2 (b) Existing window and door openings shall be maintained and shall not be permanently closed. Temporary closure shall be permitted for a period not to exceed thirty (30) days. A building permit shall be required for the temporary closure. (c) Window openings shall not be enlarged or reduced to fit new units unless being done to replicate original openings. (d) Removal of over -door and window air - conditioning units and restoration of transoms is required when new storefronts are being installed. (6) Replacement Windows Replacement windows shall fit exactly into the original window openings. When replacement v IM , p are necessary, the replacement windows should match the histor ndows in size, shape, arrangement of panes, and materials. If me rep��ement units are used, it shall be of baked enamel or similar fini s (7) Exterior Finish Materials Primary e ter` r building r , Tials shall not be dissimilar to existing structures w�thln the immediate areal the downtown area as a whole. Pr' exteri building fini1 make- up at least 75% of the facade fnis co fsk,of material e� alent in grade and quality to the following: ' (a) Clay or masonry brick (b) Natural stone n mate odary (c) Cut, cultured, �� tone 11 (d) Tilt up concrete els ve a grid or brick like appearance. (e) Customized concr e#t, on Zed) With stridiated, scored or ° aced brick a units ( with color consistent ! �. #1 desi me is perm,' ed as a secondary material and as a 'f 1(Urim ; E aterial throw ponditional use permit. IM; erior Insulating and Finishing System) may be used but A as a ` exterior material. (i) Vfree-finish. ma used but not as a primary exterior material. Any In surface shall be coated or anodized with a non - reflective, gl (j) I, onditions where the side and rear elevation is not exposed to � I ew from a public street, the elevation may be constructed with a combination of primary and secondary materials with no less ° than 50% of the exterior exposed walls consisting of a primary material. (k) All exterior, exposed walls of a public facade of any accessory structure shall be constructed of similar materials used on the principal structure in terms of color and texture. (1) When facade changes are made, hidden architectural elements and original materials shall be restored or replaced to match the original architecture of the building (e.g. such as brackets, corbels, lintels, unique brick designs). Existing elements shall 3 not be covered or hidden and additional covering -over is not permitted. (m)Exceptions to this exterior standards section may be granted by the Director of Community Development for materials of comparable design and quality. (8) Prohibited Materials (a) Non - decorative exposed concrete block. (b) Pre - engineered metal building systems. (c) Corrugated metal -sided building systems (d) Wood siding (e) Fiber cement siding °4�, (f) Sheet Metal (g) Aluminum siding (h) Vinyl siding f k. (i) Plywood or Oriented Stranc j bar (OSB) o ilar material. (D) Signage. Signage is an integral com ent of maintaining storic character of the area and as such t � tion V lements Sec of the Zoning Ordinance. Should any specif�eI visiol I this section c ct with an general provision of this chapter, the° b- Y g � dt is provision of this section shall take precedent. . (1) Design. The overall A AS all signage hid the mounting framework shall relate t of the PH 111 building on the property. Buildings with xeco ' style uld use signage of the same style. For buildings a r ph'ble style, the sign shall Shace ve fe ature the buil�fn or the elements of the reflect g buildids in nt area, ilizing the same materials and colors of tnaa l' rte (2) Signs sh , = e fc os - o entifying businesses. No permanent di adv� spl a � 6romotions are permitted other than those fl red 1 ° the ary use o�a property. Lettering describing a business's genera U ds an cues may be permitted if it conforms to other guideline I to size d quality. Poble Signs (b) Elhctronic message board signs. �flatable, moving, animated and revolving signs. New box/wall cabinet signs. ' e) Signs hand painted on wood, plastic, metal, or similar materials. (f) Signs hand painted on the building elevations. (g) Sheet metal, sheet plastic and thin plywood (less than % inches thick) and other thin flat materials including stick on vinyl lettering, etc with the exception as backing panels. (4) Mounting and Placement. (a) Signs shall be mounted or erected so they do not obscure the architectural features or openings of the building. Ell (b) Signs shall not be located in the right -of -way except projecting from the building in conformance with this Ordinance (c) Ground -floor businesses in multi -story buildings cannot mount wall signs higher than the bottom of the 2 floor window sill or eighteen (18) feet above grade, which ever is less. (5) Projecting Signs. Projecting signs shall be double faced and wording shall be limited to tenant's store name and logo only. Reference to merchandise or activity is only permitted if part of the store name. Signs can be shaped to conform with the tenant's logo, typestyle or distinctive shape if it does not exceed the standards of this Section: (a) Projecting signs shall be considered do044gced signs. (b) Projecting signs shall not exceed tw (12) square feet in area including both sides of the sign s sq feet maximum per sign face 4 11i (c) Only one projecting sign sh# bq�allowed p = ��ilding per street frontage or storefront. 1 O d Projecting signs mus sidew` s by at least fit) feet and may project no more E fout�� feet beyond E , structure to which it is mounted or cic an three (3) feet of an established . b line, whicheve ess (e) The top of th ' a cting sign sha� be installed above the window sill of story or 1 whichever is less. 9 1. Exception � e pi;t mad be raised to within eighteen (1 n s �f ° .'Adow sill if the Zoning 11111111111 4dmimstrato1 etermines.�iat the sign cannot reasonably laced with the storefront cornice sign band area. t1 roject signs shall n pe placed within 15 feet of another p� 'ect'3, unless sting projecting signs would prohibit enti eft I Ening gn may be placed as far as practicable as 11 et d by the Administrator to meet the 15 foot 1 tance U (g) 1,'ecting ns shall not be internally illuminated but may be lit eon'or exposed incandescent bulbs. (h) Pr cting signs shall not interfere with street trees, streetlights, tr ,,c devices, or any city streetscaping installed in the right -of- P "Projecting signs shall not be allowed at the intersection of streets except at right angles to a building front. 0) Projecting signs shall be mounted a minimum six (6) inches from the building facade and. no more than twelve (12) inches. (k) Abandoned signs. The projecting sign, framing, and mounting hardware shall be removed within 30 days when the owner or lessee of the premises no longer conducts business at the property. (6) Wall Signs. Wall signs are those signs attached and parallel to the building facade and which extend no more than six (6) inches from the surface of the wall. Wall signs are encouraged to be unique in character and its relation to the type of business it advertises. (a) Number. One (1) wall sign is permitted per storefront operation. (b) Area. A wall sign shall not exceed five (5) percent of the total square footage of the building facade or thirty -two square feet, whichever is less, unless the sign is comprised of the following and then a five (5) percent increase is permitted for signs containing: 1. Individual channel letters (minimum one (1) inch relief) applied to a backing panel. 2. Flat signs made of wood, metal, t031 or brick with individual letters providing a um one (1) inch relief against the face of the sign., if ' (c) Placement. A wall sign shall bottom window sill of the 2 whichever is less. SignsAA fire escape, stairway j og j ." l o egress or ingress for or any}' obscure the prominent arclu�f ornamental . (7) Sandwich Board Signs 1 >e'laced no[ er than the ; orkor 18 (eig� LEdow, ) feet not obstruct any' door, ening intended to Vr jjV, air, Sign$'should not of a building such as (a) One sandwich a shall be all per property in addition to the t � b! age,tt (b) Area. Sign face a n � ' ''d twelve (12) square feet per 1 with a ma�um of tv d faces per portable sign. Width , ign face sh. not exceed three (3) feet measured at the .ti 9 f 'dest nt of the sign fpe. (d) ' h i� eight shl not exceed four (4) feet measured from gr� to 11 all t , allast shall be installed at the base of the sandwich � azd to ' 9 in windy conditions. (t) i bility igns shall not be permanently affixed to any s .Store vbithin the right -of -way or sidewalk. (g) Cr /Illumination. The sign shall not be painted traffic yellow oft, t Onstruction zone orange, nor be reflective, fluorescent, or � "Y * Signs shall not resemble or contain any MUTCD (Manual on Uniform Traffic Control Devices) - compliant traffic control devices in size, shape, message, or color. (i) Signs shall not be provided with any power for illumination. (j) A maximum of one sandwich board sign shall be permitted per property. No supplemental sign, notice, flag, balloon, or other decoration shall be attached to the sign. (k) The sign shall be manufactured to a professional standard of construction, finish and graphics; be fabricated of sign grade C wood or metal and be free standing and self - supporting and not be affixed to or mounted on wheels. (1) The sign shall be maintained in good repair. (m)Placement: 1. Sidewalk width. Signs shall be placed only on sidewalks where a minimum five (5) foot wide clear sidewalk is maintained. The sign shall be placed within three (3) feet of the building facade or between the sidewalk and the curb fronting the place of business in the sidewalk terrace area but no further than four (4) feet fro the face of the curb head. The sign shall not hinder tl ,lity of persons to exit/enter vehicles parked along, 1 e curb and/or hinder exit/entry to a building. 11 2. Removal. Sandwich board lqigns 'I inly be displayed during the period a bI 'fi §open to ° %public and shall be removed and st Z n inside the inteor a building at the close of bust each d& Sandwich b s igns shall not be placed ni suc ' ay interfere wi snowplowing of the sl V he around the sign shall be free of snow 4all be placed on the ground at all time dwich board shall not be placed on snowb� sses that u tfandwich board signs shall hold �' Cite' ss fro l `damage to the signs due to snow re mc a] I P P st t111M. JIMppation. Sigma shall be boated according to the following } Ja. No sand ]aboard sign shall be placed within ten 1 1 0 linen eet of another sandwich board sign. board signs shall not be located adjacent to a bus stop or placed to interfere with passengers �l parding or alighting a transit vehicle. The sign hall not obstruct drivers' sight lines and shall be ' placed a minimum of twenty -five (25) feet from an intersection. b. Sandwich board signs shall be placed a minimum of forty -eight (48) inches from all obstructions within the sidewalk right -of -way including newspaper boxes, outdoor tables /seting, trees and tree grates, bicycle racks, trash receptacles and any other item impeding pedestrian or wheelchair movement. Signs shall be placed a minimum of ten (10) feet from a building corner of pedestrian crosswalk. Signs shall not be closer than one (1) foot from the face of the street curb. 7 1 } Ja. No sand ]aboard sign shall be placed within ten 1 1 0 linen eet of another sandwich board sign. board signs shall not be located adjacent to a bus stop or placed to interfere with passengers �l parding or alighting a transit vehicle. The sign hall not obstruct drivers' sight lines and shall be ' placed a minimum of twenty -five (25) feet from an intersection. b. Sandwich board signs shall be placed a minimum of forty -eight (48) inches from all obstructions within the sidewalk right -of -way including newspaper boxes, outdoor tables /seting, trees and tree grates, bicycle racks, trash receptacles and any other item impeding pedestrian or wheelchair movement. Signs shall be placed a minimum of ten (10) feet from a building corner of pedestrian crosswalk. Signs shall not be closer than one (1) foot from the face of the street curb. 7 c. Sandwich board signs shall not block or interfere with any permanent or temporary traffic control devices. d. Sandwich board signs are not located in any "bump out" area. e. ADA Compliance. Sign placement shall meet all Americans with Disabilities Act (ADA) requirements. 4. Enforcement. More than two violations of the sandwich board sign standards in one calendar ear shall result in the removal of the portable sign. A R l igdwich board sign permit shall not be issued forhusiness /property owner for a minimum of twelve 1 9 8 s from the date of the sign permit revocation. 1 M 5. Permit Required. Anermit a required for placement of such �`ndwich board signs. ts are and are val an ry issued on a Cale ear ba ' ��� HIP 1, through Dece (E) t o III III ,. the name and date of a building and - building des an architectural feature. 1 aimed on ldulg facade that are at o d may rl owger advertise an t an ? fennined to be a historic sign it don are exe a nt. /awnings an pies shall be supported solely by the 'ch theyre attached and no columns or posts shall I. unless placed outside the right -of -way. �nitte 6! ncroachment. The horizontal portion of the framework less than eight (8) feet nor more than twelve (12) feet the ewalk and the clearance between the covering or e acid the sidewalk shall not be less than seven (7) feet. ies shall be placed not less than three (3) feet from the c ' line. te valance, or front face, of an awning shall not exceed eight (8) inches in height. '(d) Awnings, fixed or retractable shall be made of opaque fabric on a securely mounted metal frame in an angled configuration (sloping up from above the pedestrian walk to the building face). (e) Internally illuminated awnings are prohibited. (f) Awnings shall be the same color, pattern, and have the same mounting characteristics for a single business or property. Awnings on a single building shall have a consistent horizontal alignment across the front of the entire building, unless the slope of the pedestrian walk or ground requires a horizontal stagger. (8) Exempt Signs (a) Cornerstone incorporated i" (b) Landmarks Si least fifty (50) ye existing business 8 (F) (G) (H) (g) Signage on awnings shall be limited to the valence only and shall not exceed eighty percent of the width of the awning. (h) Lettering shall not exceed eight (8) inches in height. (i) Awnings shall receive routine and proper maintenance so that they remain in good repair. Marquees, awnings, or canopies found to be in disrepair by the Zoning Administrator shall be ordered removed. Removal shall include all parts of the awning including frame and mounting brackets. Mechanical Equipment & Service Areas Utility service boxes, telecommunication devices, cables, conduits, vents, to roes, flues, chillers and fans, trash receptacles, dumpsters, service bays ' r storage areas shall be screened from public view by inco � ` ting the following design standards: (a) Locate mechanical equipment servi c�` as at the rear of the building, along an alle fag, on the bu�il rooftop. g� g Y � p (b) Mechanical equipment I service areas shall r eened using architectural screen w creenii�, , devices, an t scaping; and cl It�� d (c) Mechanical equipment loc'ah ! a building rooftop shall be setback'fron — ahe buildin g edge a� fficient distance to screen the � i� equipment fro ' 1 4 from the !�i t streets. ,. E Right-of-Way Encroachmnts. . ncroachm ; 'i } mit shall be obtained from the City prior to placem t o an ` or prc sting sign, canopy /awning or building app rtq ce p , "e" right -of -way. zxceptlons,g the Dire 41. of to the or ' r through con of siding ar of afore , rationed exceptions permitted by dty Devel rent or Zoning Administrator, exceptions section of !� oning Ordinance may be permitted neannit. 9 6 I re L pJV g .. . . . . . . . . . . . . . . . . . . . . . . . . . . . HJUR e �,� ff=-Tn '--� ?e5,,