HomeMy WebLinkAbout09-312JULY 28, 2009 AUGUST 11, 2009
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER,
AS AMENDED
09 -279 09 -312 ORDINANCE
WITHDRAWN )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 That Section 30 -27 Downtown Overlay District is hereby repealed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 -312 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.
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(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 wil be allowed only with
approval of the Plan Commission and the Common Council.
(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.
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(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 (?) sixteen (16) square feet in
area including both sides of the sign s446) eight (8) 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:
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(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. Permit fees will be established b the Common
Council.
(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.
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"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 fagade 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 fagade shall be constructed at the setback line. Any fagade adjacent to
a public street shall be considered a primary fagade.
(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 fagade 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 fagade 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 fagade 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 /fagade 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.
(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 fagade.
(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
fagade 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 fagade 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 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.
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(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
(f)
Sheet Metal
(g)
Aluminum siding
(h)
Vinyl siding
(i)
Plywood or Oriented Strand Board (OSB) or similar material.
(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 3 / 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) Proiecting 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.
(j) 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:
(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.
(j)
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.
(1)
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 fagade 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
7
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.
1.11
(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:
E
(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
01'HKOlH
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:
EliAN
Plan Commission meeting of July 7, 2009
GENERAL INFORMATION
Applicant: Department of Community Development
Owner: N/A
Actions Requested:
x1 y
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 Fagade 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 /CONDITIONS
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 30 -27 Downtown Overlay District
as proposed. Seconded by Lowry. Motion carried 9 -0
Item -text amendment Downtown Overlay
C
Municipal Code
City of Oshkosh
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 llndust(aVResidential 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 commerciallindustdaVresidential 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 �) bf 0 �r_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
The standards provided herein are intended to
historic buildings; ensure coordinated design i
minimize adverse impacts on adjacent properl
detract from the character and appearance-, e
pedestrian movements throughout the 0ea; ar.
economic viability of the district. rties i
eligible for listing in the National`Regs Al
to utilize the Secretary of the Interior's S -
Rehabilitation; Restorati and Reconstruc
compatible in character wi ytures in the
mass, bulk, architecture, ma "` ° 'al
,color.
x�.
tV �_k,
rve and restore unique and
Oil d existing buildings,
. gib .
s from . dings that may
tdistrict;gr ect vehicular and
aid in impro �` I the overall
.his District, lis hrlouraged
. Yor
s �� 'c Places are
for Preservation;
New buildings should be
gdiate vicinity, considering
Development within this area g Tier !! to "g lace prior to automobile
oriented site.1dd MA, d as such raw automobile oriented uses such as fast
food restarts, ga ations, automobile sales and service, and drive -thru
facilitie , iscouraa ed in this dislr p as are warehousing and storage
operations. I
(B) .1PGeiier llDand Use
(1) Perrin ACses. e permitted within the underlying zoning district,
unless o po ise pr ded in this Chapter.
(a) R4 enti uses are limited to upper floor areas. No separate
re s ntial structures are permitted on the same property with a
�i n- residential or mixed commercial /industrial/residential
iructure. 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 adjacenf to a public street shall be cons dered a primary
facade. il ...
(3) Vertical and Horizontal Design. it
(a) Building facades shall incorporate lo i Horizontal belt course
design elements for the building se, in lq, and cap through
techniques such as copestoi6 stone, stntcourse, water
table and or plinth usin 4 .aur
(b) Horizontal stone masonry�.i
Horizontal elements h Ivisually#lign with simii ' oiizontal
design elements of aj ac isto ' `;structures.
(c) Building facades shall incoip' c8exterior vertical l banding
techniques usng natural stone �Qiasonry to visually define
building subdi ions of all plan odules, or building facade
focal points.
(4) Height. No restrictions. i
(5) Windows and Doors Doors and Ifiiuld be similar in size,
proportipil, ignment b t on the aiitectural style of the building
and to ' ose on acent build ig facades. Original door and window
o e cludi transoms,l' e, sills) and accenting features shall be
ffi maintain' d "11 restore original size and style if the facade is
,i ( )
renov lf six ty 60 percent of the street side of the
g' `§ o��a de be ben two (2) ten (10) feet above grade shall consist of
trans V no t i AAA
. ryindows and doors.
i � p �.p ��l � �
a) p er Sto
��� Vindows. Transparent glass or facade openings
f ill , slh comprise a minimum of twenty (20) percent of the
wdl arade area of each floor above the first floor facing a street
anshall not exceed a maximum of fifty (50) percent of the
all /facade 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.
4
(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 replacement1Wv are necessary, the
replacement windows should match the histo �". windows in size, shape,
arrangement of panes, and materials. If me ' reptcement units are used,
it shall be of baked enamel or similar fire �LIt,
(7) Exterior Finish Materials Primary e $error building ia ls shall not be
dissimilar to existing structures within the immediate are �'a the
downtown area as a whole. Prime =y exteri' building finis sill make -
" �
up at least 75% of the facade f nish l con bt of material ec = vaient in
grade and quality to the following. ��
(a) Clay or masg y brick
(b) Natural stone rcondary mater
(c) Cut, cultured, ocad g one
(d) Tilt up concrete panels�ia ve a grld or brick like appearance.
(e) Customized concrke asor W r u with stridiated, scored or
lr i aced brick d with color consistent
A units (sa e )
desi eme is peg' ed as a secondary material and as a
:s €
�rimar Material throu � use permit.
(f) ° am$�� terra cotta, fit
g) C�On 11$1
1 i IFS erior Insulating and Finishing System) may be used but
i t as a exterior material.
W W may'1 used but not as a primary exterior material. Any
m & 1 surface shall be coated or anodized with a non - reflective,
ala� free - finish.
(j) In Obnditions where the side and rear elevation is not exposed to
w 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,
(f) Sheet Metal
(g) Aluminum siding��
(h) Vinyl siding
(i) Plywood or Oriented Strand dK3k(OSB) or t liar material.
(D) Signage. Signage is an integral com ' ent of maintaining historic
character of the area and as such tion sd lements Secti4 .
a 37 of the
,�
Zoning Ordinance. Should any speci t' �q glsiofi 'this section c9 flict with
an general provision of this chapter, the e° is pro' g p vision of this section
shall take precedent.
.
(1) Design. The overall de of all signage i� , ding the mounting
framework shall relate t of the pr °�a building on the
property. Buildings with eco le stylehbuld use signage of the
same style. For buildings th o�ar�nia'ble style, the sign shall
reflect th, ive featurekb the buil �g or the elements of the
buil i in the acent area, ilizing the same materials and colors of
�a l i
they � �t�`
(2) Signs sh e f ; e� 1 p ose o �lentifying businesses. No permanent
`.:
O displ a promotions are permitted other than those
HM a . the�I' ary use o� a property. Lettering describing a business's
' �� N a des may be permitted if it conforms to other
generals ds and
guideline : 1 to sizelpd quality.
Prohibited 9fm .
pi
(a) Po ble Signs
(b) El troc message board signs.
0� .d atable, 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 3 /a 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.
2
(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: 0
(a) Projecting signs shall be considered dou$fftaced signs.
(b) Projecting signs shall not exceed twele (12) square feet in area
, ; -1
including both sides of the sign s.� sq =. feet maximum per
is be allowed pe p lding per street
Mar sidewil s by at least 8 ht) feet
fo 1 ), feet beyond t fie structure
r cl Q',tj lii tliree (3) feet of an
iicheveess
si sh t be installed above the
sto or 18 E ; whichever is less.
may, e raised to within
'Is oflidow sill if the Zoning
rmines.. at the sign cannot reasonably
►e storefront cornice sign band area.
;t pe placed within 15 feet of another
:fisting projecting signs would prohibit
may be placed as far as practicable as
Lg Administrator to meet the 15 foot
t be internally illuminated but may be lit
,andescent bulbs.
t interfere with street trees, streetlights,
ty streetscaping installed in the right -of-
t be allowed at the intersection of streets
excepti at ngnt angles Lo a building front.
0) Projecting signs shall be mounted a minimum six (6) inches from
the building fagade 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 fagade 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 fagade 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. l�
2. Flat signs made of wood, metals Q81, or brick with
individual letters providing a I mum one (1) inch relief
against the face of the sign k
(c) Placement. A wall sign shall laced n® her than the
bottom window sill of the`�orkor 18 (eig n) feet
whichever is less. Signsgiall not obstruct any ow, door,
fire escape, stairway open intended to pr aelair,
egress or ingress for any`b ,lding, 1 11s ucture. Sign should not
,' >,� k
obscure the prominent archie al features of a building such as
ornamental masonry.
(7) Sandwich Board Sins
(a) One sandwich barc shall be alb •' per property in
addition to the total builn age.,l
(b) Area. Sign face a*, shy � n e "° ° d twelve (12) square feet per
l l�� j�e with a ma RUM of t faces per portable sign.
Width 5 ign face sAk; not exceed three (3) feet measured at the
idest p int of the Sig. ce
(d)
l ip ig eight shall not exceed four (4) feet measured from
11
MCI
.a gralall allast shllbe installed at the base of the sandwich
1 � bard I : rep stability in windy conditions.
� y 9' * '
igns shall not be permanently affixed to an
abilit p y Y
( structure v�ithin the right -of -way or sidewalk.
Cojer/Illumination. The sign shall not be painted traffic yellow
o�l�onstruction zone orange, nor be reflective, fluorescent, or
��) 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
wood or metal and be free standing and self - supporting and not
be axed 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
during the period a
be removed and st ;
the close of bus
not be placed in' suc
snowplowing of the
where a minimum five (5) foot wide clear sidewalk is
maintained. The sign shall be placed within three (3) feet
of the building fagade or between the sidewalk and the curb
fronting the place of business in the sidewalk terrace area
but no further than four (4) feet froi the face of the curb
head. The sign shall not hinder tbllty of persons to
exit/enter vehicles parked alon - curb and/or hinder
exit/entry to a building. t ill
2. Removal. Sandwich boardiigns �P Warily be displayed
k
�ne�s is open tol ublic and shall
inside the interior the building at
be free< f snow and ice d4l,
all times E : dwich board s:
snowbIIII& 1 asses that
..
shall hold' e Ci k ss
to snow rem val,a id DloU a
` fall
Ii i , 1 111 h.
SiM`shall be
Sandwich bar
Mi
signs shall
?,interfere wits '
area around the sign shall
.1 be placed on the ground at
shall not be placed on
M. 6 andwich board signs
n damage to the signs due
according to the following
1111x. No sand 2ar kboard sign shall be placed within ten
1 gI 10) line of another sandwich board sign.
��1, W�
it board signs shall not be located adjacent
to a bus stop or placed to interfere with passengers
1 1 1, .hhoarding or alighting a transit vehicle. The sign
��Ishall 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)
(E)
requirements.
4. Enforcement. More than two violations of the sandwich
board sign standards in one calendar . shall result in the
removal of the portable sign. A ggWc hgdwich board sign
permit shall not be issued for .usiness /property owner
for a minimum of twelve 1 ,' I from the date of the
sign permit revocation.
5. Permit Required. An � , : permit sH..1 e required for
placement of suchdwich board signs.. ' is are
issued on a Galen ; ear ba ' and are valid ; =January
1, through Dec embe 1111
� i
(8) Exempt Signs
(a) Cornerstone § the nameani1. late of a building and
inco orated z the building des °as an architectural feature.
(b) Landmarks Si ainted on .x , lding facade that are at
least fift 50ars o may „Monger advertise an )y
it
existing business ti l ari� 'termined to be a historic sign
'.
.AWRI1Plan Commiston are exeipt.
� an
/awnings c �opies shall be supported solely by the
which they : s e a
` ttached and no columns or posts shall
mitt IW6 unless placed outside the right -of -way.
The horizontal portion of the framework
o � ncroachr�e ' nt.
t I ;s than eight (8) feet nor more than twelve (12) feet
th i ewalk and the clearance between the covering or
e and the sidewalk shall not be less than seven (7) feet.
ies shall be placed not less than three (3) feet from the
c line.
p he 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.
(F)
(G)
(H)
1
(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, turbines, flues, chillers
and fans, trash receptacles, dumpsters, service bays g recycling storage
areas shall be screened from public view by inco ating the following
design standards: ll
(a) Locate mechanical equipment a4 service - as at the rear of the
building, along an alley faq � on the bully' rooftop.
(b) Mechanical equipment a ervice areas shall , ° g reened using
architectural screen w % creenin devices, and dscaping;
and Qle
(c) Mechanical equipment local a building rooftop shall be
setback fromithe building edge fficient distance to screen the
equipment fro Mft _ °° 'ew from the ad� t streets.
iv�ui -v1- rr ay i.ii�a vaa.uui
from the City prior to place
canopy /awning ,. building
dty Devell
section of
3
oachm 1 T - i it shall be obtained
or prod cting sign,
W I > ri ght -of -way.
em,ntioned exceptions permitted by
or Zoning Administrator, exceptions
dng Ordinance may be permitted
the Dire &' of Corr'
to the pr 1pns of
l� .
through cond'n4
Downtown
Ove rl av
gRION RD
DISCLAIMER
"
This map is nether a legally recorded map nor
a away and B's not intended to be used as one.
This drawing IsacompAatlon of records data
=11
Aerial Flown: April, 2005 _ w E
and Information to various dty, county
and stgteetttaa6 and cow sa"�aKe�nng
Scale: 1" = 400'
th area shown and d is to be used for reference
purpraes Dory, The City d Oshkosh is not
0 100 200 400 - S
responaitie for anY Na�urecks herein comatned.
M dsmepandes are foand, please contact the
June 11, 2009
1Y NMhk,uh
Feet .. _.. _._._ —..